Terms & Conditions

1. Acceptance of Terms

These Terms & Conditions (“Terms”) govern your access to and use of the SkaleupAI platform, website, applications, features, integrations and related services (collectively, the “Platform”), operated by SkaleupAI Intelligence Pvt. Ltd. (“SkaleupAI,” “we,” “us” or “our”).

By creating an account, checking the acceptance box, subscribing to a plan or otherwise accessing or using the Platform, you acknowledge that you have read and understood these Terms and agree to be bound by them.

If you use the Platform on behalf of a company, business or other legal entity, you represent that you are authorized to accept these Terms on its behalf. In that case, “you” and “your” refer to you and that entity, as applicable.

If you do not agree to these Terms, you must not access or use the Platform.

Your use of the Platform is also subject to our Privacy Policy, which explains how we collect, use, store, disclose and otherwise process personal information.

2. Eligibility and Account Responsibility

You must have the legal capacity to enter into a binding agreement under applicable law to use the Platform. You agree to:

• Provide accurate, current and complete registration and business information.
• Keep your account information reasonably up to date.
• Maintain the confidentiality of your login credentials.
• Take reasonable steps to prevent unauthorized access to your account.
• Notify us promptly at support@skaleupai.com if you suspect unauthorized access or misuse.
• Ensure that people accessing the Platform through your account are authorized to do so.

You are responsible for activities carried out through your account, subject to applicable law and any responsibility attributable to SkaleupAI. We may request additional information where reasonably necessary for security, account verification, compliance or service delivery.

3. Nature and Scope of the Platform

SkaleupAI is an AI-powered marketing intelligence and optimization platform designed to help businesses plan, create, manage, analyze and optimize marketing activities across supported channels. Depending on your subscription plan, configuration, integrations and feature availability, the Platform may provide:

• Marketing strategy suggestions and recommendations.
• Content planning, content generation and advertising scripts.
• Campaign planning and management capabilities.
• Marketing performance analytics and insights.
• Search engine optimization and related optimization recommendations.
• Social media content planning, scheduling and publishing capabilities.
• Advertising campaign management and budget-related controls.
• Lead generation and customer relationship management features.
• Live Optimizer capabilities and other marketing optimization features.
• Integrations with supported third-party services.

Features may vary by subscription, account permissions, geographic availability, third-party restrictions and technical requirements. SkaleupAI provides software, intelligence, recommendations and execution capabilities. Unless expressly agreed in writing, we do not act as your advertising agency, legal adviser, tax adviser or financial adviser.

4. Voluntary Account Connections, Historical Data Access and Permissions

The Platform allows you to voluntarily connect supported third-party accounts, including social media accounts, advertising accounts, websites, analytics services and other supported business tools.

When you connect an account and authorize the requested permissions, you authorize SkaleupAI to access, retrieve, read, process and analyze information made available through those permissions, to the extent reasonably necessary to provide the Platform’s features and services, subject to these Terms, our Privacy Policy and applicable law. Depending on the connected account, this may include:

• Historical and existing advertising campaigns.
• Previously run advertisements and available advertising creatives.
• Available campaign settings, targeting information, budgets, delivery information and performance metrics.
• Previously published social media posts, their content, publication dates and engagement metrics.
• Historical analytics and reporting data made available by the connected platform.
• Other relevant account information required for marketing analysis, benchmarking, recommendations and optimization.

The actual information available depends on the permissions you grant, the capabilities of the third-party platform, API restrictions, data availability and applicable law. Connecting an account does not guarantee access to every historical record. You are responsible for ensuring that you own the connected account or have the necessary authority and permissions to connect it, and that your use complies with applicable laws and third-party platform terms.

4.1 Historical access is not execution authorization

Historical data access is for authorized reading, analysis and related Platform functionality. It does not, by itself, authorize SkaleupAI to create, launch, modify, pause or delete campaigns; change advertising budgets; publish or schedule content; execute Live Optimizer actions; or perform any other live action on your behalf. All live execution actions remain subject to the explicit user approval requirements in Section 7.

4.2 Revocation of permissions and data handling

You may manage or revoke connected-account permissions through the relevant third-party platform, where supported. Revoking permissions may limit or disable features that depend on that access. Information already lawfully collected may continue to be retained or processed only as permitted by our Privacy Policy and applicable law. SkaleupAI will handle information accessed through connected accounts in accordance with its Privacy Policy, applicable agreements and applicable law.

5. Business Information, Website Information and Tracking

You may voluntarily provide business details, website URLs, marketing objectives, audience information, brand assets, product information, analytics access, tracking configurations and other information required to operate the Platform. You represent that you have the necessary rights, permissions and lawful basis to provide this information and authorize its intended processing.

Where the Platform supports website tracking, analytics or similar integrations, you are responsible for ensuring that your implementation and use comply with applicable privacy, data protection, cookie, consent and marketing laws, and for obtaining any legally required notices or consents from individuals whose information you collect or process.

SkaleupAI does not independently determine whether your specific business, tracking setup or data collection practices comply with every law applicable to you. You remain responsible for your own legal obligations, while SkaleupAI remains responsible for its obligations under applicable law. You should not submit passwords, payment card details or other restricted information through fields that are not specifically designed to collect such information.

6. AI-Generated Content and Marketing Recommendations

The Platform may use artificial intelligence, machine learning, automated analysis, statistical models and third-party AI services to generate content, evaluate marketing information, suggest strategies, identify opportunities and recommend optimizations. Outputs may include advertising copy, social posts, content calendars, campaign structures, audience suggestions, performance forecasts and other marketing materials.

You acknowledge that AI-generated outputs may be incomplete, inaccurate, outdated, unsuitable, inconsistent or similar to content generated for other users. Before using an output, you are responsible for reviewing its suitability, factual accuracy, claims, pricing, links, intellectual property implications and compliance with applicable laws and third-party platform policies.

You must not treat an AI-generated recommendation, score, forecast or projection as a guarantee of a particular outcome. We may improve, update or modify our models, algorithms, scoring systems and recommendation methods over time, and do not promise that every recommendation will be optimal for every business or objective.

8. Advertising Spend and Budget Responsibility

Where the Platform supports advertising management, you remain responsible for your advertising accounts, payment methods, campaign budgets and charges imposed by third-party advertising platforms. You acknowledge that:

• Advertising charges may be billed directly by the relevant advertising platform.
• Advertising spend may continue or accrue according to the settings and status of an approved campaign.
• Actual spend, delivery, impressions, clicks and conversions may differ from estimates or forecasts.
• Third-party systems may apply pacing, billing adjustments, taxes, fees or other charges under their own policies.
• Campaign pausing, cancellation or budget changes may not take effect instantly.

Unless expressly agreed in writing, SkaleupAI does not fund your advertising expenditure, act as the merchant for third-party advertising charges or assume responsibility for your payment obligations to advertising platforms. Subscription fees payable to SkaleupAI are separate from advertising expenditure and other third-party charges.

9. Marketing Performance and Business Outcomes

SkaleupAI is designed to support marketing intelligence, planning, execution and optimization. Actual results depend on factors that may be outside our control, including your products, pricing, market conditions, competition, audience behaviour, creative quality, campaign configuration, budget, website performance, sales process and third-party platform systems. We do not promise or guarantee specific results, including:

• Revenue, sales, leads or conversions.
• Return on advertising spend or marketing investment.
• Customer acquisition cost or conversion rates.
• Search rankings, website traffic or audience growth.
• Advertising approval, campaign delivery or reach.
• Engagement, brand awareness or profitability.
• A particular level of performance improvement within a specified period.

Any forecast, estimate, score, benchmark or projected improvement provided through the Platform is an analytical estimate and not a guarantee of future performance. Our objective is to help you make better-informed marketing decisions; actual outcomes will vary.

10. Third-Party Platforms and Services

The Platform may integrate with or depend on third-party services, including social networks, advertising platforms, analytics providers, website tools, cloud infrastructure providers and AI model providers. Your use of those services may be subject to separate terms, privacy policies, permissions, charges and usage restrictions.

SkaleupAI does not control third-party decisions concerning account suspension, API access, advertising approval, content moderation, data availability, service interruptions or changes to their products and policies. We are not responsible for independent third-party acts or omissions to the extent permitted by applicable law; this does not exclude responsibility that cannot legally be excluded or any obligation SkaleupAI has under applicable law. You are responsible for complying with the terms applicable to your connected accounts and marketing activities.

11. User Content, Intellectual Property and Compliance

11.1 Your content

You retain ownership of the content, trademarks, materials, business information and other assets that you own and submit to the Platform. You grant SkaleupAI a limited, non-exclusive permission to host, process, reproduce, transmit and otherwise use that material only as reasonably necessary to provide, secure, maintain and support the Platform, comply with legal obligations and perform the services you request. You represent that you have the necessary rights to submit and use the material for these purposes.

11.2 Platform intellectual property

Subject to applicable law, SkaleupAI and its licensors retain their rights in the Platform, including its software, interface, branding, algorithms, architecture, documentation and proprietary technology. These Terms grant you a limited, non-exclusive, non-transferable and revocable right to use the Platform for its intended purposes while you are authorized to access it. You must not copy, resell, sublicense, reverse engineer, decompile or attempt to derive the source code of the Platform except where such restriction is prohibited by applicable law, or remove proprietary notices or use SkaleupAI’s branding without authorization.

11.3 AI-generated outputs

To the extent permitted by applicable law and subject to third-party provider terms and your subscription plan, you may use outputs generated for you through the Platform for your business purposes. We do not guarantee that an output is unique, exclusive, copyrightable or free from third-party rights. You are responsible for checking that your use of generated content, images, claims, trademarks and other materials does not infringe third-party rights or violate applicable laws.

11.4 Legal and platform compliance

You are responsible for ensuring that your marketing campaigns and content comply with applicable laws, regulations, advertising standards, consumer protection requirements, intellectual property rights and third-party platform policies. You must not use the Platform to create or distribute unlawful, deceptive, fraudulent, defamatory or infringing content, or to engage in spam, impersonation or unauthorized data collection. Nothing in these Terms removes any legal responsibility that applicable law places on SkaleupAI itself.

12. Acceptable Use

You must not use the Platform to:

• Violate any applicable law or regulation.
• Infringe intellectual property, privacy or other legal rights.
• Access accounts, systems or data without authorization.
• Upload malicious code or interfere with the security or operation of the Platform.
• Attempt to bypass authentication, access restrictions or required execution approvals.
• Reverse engineer, exploit or misuse the Platform except where permitted by applicable law.
• Generate or distribute fraudulent, deceptive or unlawful marketing material.
• Send spam or conduct unauthorized automated activity.
• Resell, lease or commercially exploit access to the Platform without written authorization.
• Interfere with other users' access or attempt to compromise third-party services.

We may investigate suspected violations and take reasonable action to protect users, the Platform, third parties and our legal interests.

13. Subscription Plans, Billing and Payments

Certain features may require a paid subscription or additional fees. Pricing, included features, usage limits, billing frequency, taxes and other commercial terms will be presented at the time of purchase or in the applicable order or agreement. By purchasing a paid plan, you authorize the applicable payment provider to process the charges you have agreed to pay. Unless expressly stated otherwise:

• Subscription fees are separate from advertising spend and third-party charges.
• You are responsible for applicable taxes and charges associated with your purchase.
• Your access to paid features depends on your subscription status and applicable usage limits.
• We may restrict access to paid features when payment is overdue or unsuccessful, subject to applicable law.
• Additional services, enterprise arrangements and custom integrations may be governed by separate written terms.

If a pricing or billing error occurs, we may take reasonable steps to correct it and communicate the correction to you, subject to applicable law.

14. Cancellation and Refund Policy

You may cancel your subscription through the available account settings or by contacting support@skaleupai.com, as applicable to your plan. Unless otherwise specified in a written agreement, cancellation will prevent renewal for the next applicable billing period. Cancellation does not automatically reverse charges already incurred or provide a refund for the unused portion of a subscription period.

SkaleupAI’s general policy is that subscription fees, setup fees and other amounts paid are non-refundable and non-creditable, except where a refund, credit or other remedy is required by applicable law or expressly agreed in writing by SkaleupAI. This policy does not waive or restrict any non-excludable statutory rights or remedies that you may have under applicable law.

Third-party advertising spend and charges imposed directly by third-party providers are governed by those providers’ policies and are not refundable by SkaleupAI unless we have expressly agreed otherwise or are legally required to provide a remedy. If you believe you have been incorrectly charged, contact support@skaleupai.com with the relevant transaction details so we can review the issue.

15. Privacy and Data Processing

Your use of the Platform is subject to our Privacy Policy, which explains how we collect, use, store, disclose and otherwise process personal information. The Privacy Policy is made available through the same onboarding interface as these Terms, allowing you to read both documents before accepting.

Where separate consent or authorization is required by law for a particular type of data processing, marketing communication, tracking technology or integration, acceptance of these Terms alone will not replace that separate consent. We may use service providers and subprocessors to operate and support the Platform, subject to applicable contractual, security and legal requirements. You should review the Privacy Policy before connecting any account or submitting information to the Platform.

16. Security and Service Availability

We use reasonable measures designed to protect the Platform and information processed through it. However, no online service, software system, integration or method of electronic transmission can be guaranteed to be completely secure or continuously available. The Platform may occasionally be unavailable or limited because of maintenance, upgrades, technical faults, cyber incidents, third-party outages, infrastructure problems or other circumstances.

We may perform maintenance, introduce updates, change technical requirements or temporarily restrict access where reasonably necessary to maintain security, reliability, compliance or functionality. You are responsible for maintaining appropriate security for your own devices, accounts, networks and third-party credentials. If you become aware of a suspected security incident involving your account, contact support@skaleupai.com promptly.

17. Beta Features and Product Changes

Certain features may be identified as beta, preview, experimental, early access or otherwise not generally available. Such features may be incomplete, change without notice, have limited functionality or be withdrawn. You should not rely on beta features as your sole means of performing critical business activities.

We may add, modify, suspend or discontinue Platform features where reasonably necessary for product development, security, compliance, technical compatibility or business operations. Where a change materially affects a paid service, we will handle it in accordance with applicable law and any applicable written agreement.

18. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Platform is provided on an “as available” basis. We do not warrant that the Platform will be uninterrupted, error-free, compatible with every system or capable of meeting every specific business requirement.

We do not warrant that AI-generated outputs, recommendations, analytics, forecasts or optimizations will always be accurate, complete or suitable for a particular purpose, nor that a third-party service will remain available, approve a campaign, preserve an integration or process an action in a particular way. Nothing in this section excludes a warranty, representation or obligation that cannot lawfully be excluded under applicable law.

20. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless SkaleupAI and its officers, employees and representatives against third-party claims, liabilities, losses and reasonable expenses arising directly from:

• Your unlawful use of the Platform.
• Your violation of these Terms.
• Your infringement of a third party's rights through content or materials you provide or use.
• Your failure to obtain permissions or consents that are your responsibility.
• Your violation of applicable laws or third-party platform policies.

This section applies only to the extent that the relevant claim results from your acts or omissions. It does not require you to indemnify SkaleupAI for SkaleupAI’s own fraud, wilful misconduct or liability that cannot legally be transferred to you. We will provide reasonable notice of a claim for which indemnification is sought, where legally permitted, and will not unreasonably prevent you from participating in its defence.

21. Suspension and Termination

You may stop using the Platform and cancel your subscription in accordance with the applicable cancellation process. We may suspend, restrict or terminate your access where reasonably necessary if:

• You materially breach these Terms.
• Your use creates a significant security, legal or operational risk.
• We reasonably suspect fraud, unauthorized access or unlawful activity.
• You fail to pay applicable fees when due.
• A third-party provider withdraws an integration essential to a feature.
• We are required to do so by law or a competent authority.

Where reasonably practicable and legally permitted, we will provide notice and an opportunity to address a remediable issue before taking material action; we may act immediately where necessary to address urgent security, fraud, legal or third-party risks. Upon termination, your right to access the relevant services may cease. Data handling, retention and deletion will be governed by our Privacy Policy and applicable law. Termination does not automatically entitle you to a refund. Provisions that by their nature should survive termination — including intellectual property, accrued payment obligations, disclaimers, liability limitations and dispute-related provisions — will survive to the extent permitted by law.

22. Changes to These Terms

We may update these Terms from time to time to reflect changes to the Platform, our services, legal requirements or business operations. The updated version will identify its effective date and, where appropriate, its version number.

Where a change is material, we will take reasonable steps to notify affected users through the Platform, email or another appropriate channel, and where required by applicable law we will obtain renewed acceptance before applying the updated Terms. If you do not agree to an updated version, you should stop using the affected services and may cancel your subscription. The version of the Terms accepted by a user is recorded so that the applicable version can be identified later.

23. Governing Law and Dispute Resolution

These Terms are governed by the laws of India, subject to applicable conflict-of-law principles and any mandatory legal protections that apply to you. The parties will make reasonable efforts to resolve disputes through good-faith discussions before pursuing formal proceedings, where appropriate.

Subject to applicable law, disputes will be submitted to the competent courts or forums in India having jurisdiction over the matter. Nothing in this section prevents a user from approaching a consumer commission, regulator or other forum where that right is available under applicable law, or removes mandatory consumer protections or other non-waivable rights.

24. General Provisions

24.1 Entire agreement

These Terms, together with the Privacy Policy and any applicable order form or separate written agreement, govern your use of the relevant Platform services. If a separate signed agreement expressly conflicts with these Terms, the separate agreement will prevail to the extent of the conflict.

24.2 Severability

If a provision of these Terms is found invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

24.3 No waiver

A failure or delay in exercising a right under these Terms does not constitute a waiver of that right.

24.4 Assignment

You may not transfer your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by law. We may assign or transfer our rights and obligations as part of a lawful corporate restructuring, merger, acquisition or transfer of the relevant business, subject to applicable law.

24.5 Force majeure

To the extent permitted by applicable law, neither party will be responsible for a failure or delay caused by circumstances beyond its reasonable control, provided that this does not excuse obligations that cannot legally be excused.

24.6 No partnership

These Terms do not create a partnership, joint venture, employment relationship, franchise or agency relationship between you and SkaleupAI.

24.7 Language

The English version of these Terms is the governing version unless applicable law requires otherwise or the parties expressly agree to a different governing version in writing.

25. Contact and Support

For questions, concerns, billing issues or requests relating to these Terms, contact:

SkaleupAI Intelligence Pvt. Ltd.
Email: support@skaleupai.com

Please include sufficient information to help us identify your account and understand your request. Do not send passwords or other sensitive authentication credentials by email.