Introduction

Welcome to Scaling Process Inc. ("Scaling Process", "we", "us", or "our"), a premier provider of web and mobile application design and development services. This document, the Terms of Service ("Terms"), constitutes a legally binding agreement between you, the user ("User", "you", or "your"), and Scaling Process, governing your access to and use of our services delivered via https://scalingprocess.io (the "Website") and any related software, tools, mobile applications, and services provided by us (collectively, the "Services").

By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. It is your responsibility to review these Terms periodically. Your continued use of the Website or Services following the posting of any changes to these Terms constitutes acceptance of those changes.

Our Services are diverse, and additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Services and Trial Period

Scaling Process Inc. offers a wide range of web and mobile application design and development services. Our commitment is to deliver these services under the terms of a monthly subscription model, which is fully detailed on our Website.

Trial Offer: We provide a 7-day risk-free trial period to new subscribers, allowing you to evaluate our services. During the trial, you will have access to a limited scope of our offerings, which will be outlined upon registration.

Trial Service Rights: Any work produced or services rendered during the trial period are the exclusive property of Scaling Process Inc. Unless the service subscription is converted to a paid plan following the trial period, we reserve the right to retain, modify, or use any such preliminary work for our own business purposes.

Conversion to Paid Service: Upon the conclusion of the trial period, you will be prompted to subscribe to our paid services to continue using Scaling Process Inc.'s offerings. If you choose to subscribe, you will be subject to the full scope of our services as per the selected subscription plan.

Subscription Continuation or Cancellation: Should you decide to continue with our services past the trial period, your subscription will automatically commence without interruption. You may cancel your subscription at any time during the trial or thereafter, in accordance with our cancellation policy outlined in subsequent sections.

By subscribing to our trial offer, you agree to these terms and confirm your understanding that not converting to a paid plan may result in the loss of access to the work produced during the trial.

Payment, Fees, and Cancellations

Payment Terms: Access to services provided by Scaling Process Inc. requires the payment of fees in U.S. dollars. These fees are specified on our pricing page and must be paid in advance of the service period via our e-banking system, which facilitates automatic renewals.

Fee Structure: Our subscription model includes various service plans, each with its corresponding fee. All fees are exclusive of taxes and additional charges, which will be identified during the payment process.

Subscription Activation: Services are activated once we confirm receipt of payment. In the event of payment failure, access to the service will be withheld until payment issues are resolved.

Automatic Renewal: Subscriptions are automatically renewed at the end of each billing cycle. To prevent renewal, subscriptions must be canceled before the cycle ends.

Alternate Payment Methods: While e-banking is preferred for its ease of automatic renewal, alternative payment methods such as Stripe or similar platforms may be arranged if necessary.

Cancellations: Subscriptions can be canceled at any time, but services will remain active until the end of the current billing cycle. No refunds are offered for partial usage within a billing cycle.

Refunds: We maintain a no-refund policy. However, in exceptional circumstances, we may, at our discretion, offer credits for future services.

Changes to Fees: We reserve the right to modify our fees and will provide notice of such changes. Your continued use of the services after the fee change constitutes acceptance of the new rates.

Non-Payment: In cases of non-payment, service access may be suspended or terminated. We reserve the right to seek recovery of any unpaid fees by legal means.

User Responsibilities

Accurate Information: You are responsible for providing accurate and complete information necessary for Scaling Process Inc. to render services. This includes, but is not limited to, contact details, business needs, and project specifications.

Lawful Use: You agree to use our services in a lawful manner and to comply with all applicable local, national, and international laws and regulations.

Account Security: You are responsible for safeguarding any passwords or other credentials used to access our services and for any activity under your account.

Content and Data: You are responsible for the legality and propriety of the content and data you provide to Scaling Process Inc. for the purpose of using our services.

Communication: You must maintain active and open communication with Scaling Process Inc., responding promptly to requests for information or feedback necessary for the provision of services.

Compliance with Terms: You agree to adhere to all terms outlined in this Terms of Service agreement, as well as any additional terms provided for specific services.

Payment Obligations: You are responsible for timely payment of all fees and charges associated with your use of our services, in accordance with the Payment, Fees, and Cancellations section of these Terms.

Failure to fulfill these responsibilities may result in the suspension or termination of your access to our services.

Intellectual Property

User Content Ownership: You retain all rights and ownership of the content and data you submit to Scaling Process Inc. for the purpose of using our services. You grant us a limited license to use, modify, display, and reproduce such content solely for the purpose of providing the services you have requested.

Scaling Process Rights: Scaling Process Inc. holds all rights, title, and interest in the services, including software, methodologies, trade secrets, and business processes used to deliver the services. This includes any improvements or innovations developed in the course of providing services.

Work Product During Trial: Any and all work products, designs, or developments created by Scaling Process Inc. during the trial period are the exclusive property of Scaling Process Inc. unless and until you enter into a paid subscription, at which point the terms regarding work products will be defined by the specific service agreement.

Third-Party Resources: Any third-party materials used in conjunction with our services may be subject to the intellectual property rights of their respective owners.

No Transfer of IP: These Terms do not constitute a transfer of intellectual property rights from Scaling Process Inc. to you, except for the limited rights to use the services as expressly provided in these Terms.

By using our services, you acknowledge and agree to respect the intellectual property rights of Scaling Process Inc. and third parties. Any unauthorized use of our intellectual property may result in legal action.

Privacy and Data Protection

Commitment to Privacy: Scaling Process Inc. is committed to protecting the privacy and security of your personal and business data. We adhere to the highest standards of data protection and align our practices with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the Personal Information Protection and Electronic Documents Act (PIPEDA).

Data Collection and Use: We collect only the necessary data required to provide and enhance our services, manage your account, process payments, and improve user experience. We use your data in accordance with our Privacy Policy, which is incorporated by reference into these Terms.

Data Security: We implement robust security measures to protect your data against unauthorized access, alteration, disclosure, or destruction. This includes using encryption, firewalls, and secure server facilities.

User Rights: You have rights over your personal data, including the right to access, correct, delete, or restrict its use. You may exercise these rights by contacting us directly.

Data Sharing: We do not sell, rent, or share your personal data with third parties except as necessary to provide the services requested by you or as required by law.

Data Retention: Your data is retained only for as long as necessary to fulfill the purposes for which it was collected or as required by law.

By using our services, you acknowledge our Privacy Policy and consent to the data practices described therein.

Limitation of Liability and Disclaimers

Service "As Is": Scaling Process Inc. provides services on an "as is" and "as available" basis without any warranties of any kind, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Accuracy of Services: While we strive for accuracy, we do not warrant that the services will meet your specific requirements or that the operation will be uninterrupted or error-free.

Limitation of Liability: To the maximum extent permitted by law, Scaling Process Inc. shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use or inability to use our services, even if we have been advised of the possibility of such damages.

Indemnification: You agree to indemnify and hold harmless Scaling Process Inc. from any claims, damages, or expenses arising from your breach of these Terms or your use of the services.

External Links: The services may contain links to external websites that are not operated by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

By using our services, you acknowledge and agree to this limitation of liability and that you are using the services at an own risk.

Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein. Any disputes or legal matters arising from or related to the use of our services shall be resolved under the jurisdiction of the courts of the province of Quebec. By using our services, you consent to the exclusive jurisdiction and venue of courts in Quebec in all disputes arising out of or relating to these Terms or our services.

Dispute Resolution

In the event of a dispute arising out of or in relation to these Terms or the services provided by Scaling Process Inc., the parties shall first seek resolution through amicable negotiation. If a resolution cannot be reached through negotiation, the dispute shall be submitted to binding arbitration in accordance with the rules of the Quebec Arbitration Association. The arbitration shall be conducted in Montreal, Quebec, and the language of arbitration shall be English. The decision of the arbitrator shall be final and binding on both parties. Notwithstanding the above, for any matters that cannot be resolved through arbitration, the parties agree to submit to the exclusive jurisdiction of the courts of Quebec.

Modifications to Terms

Scaling Process Inc. reserves the right to update or modify these Terms of Service at any time without prior notice. Your continued use of our services after any such changes indicates your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates. Significant changes will be communicated to users through notifications on our website or via email. If you do not agree to any modification of these Terms, you must immediately stop using our services.

Contact Information

This section of the Terms of Service constitutes the complete and exclusive statement of the agreement between you (the user) and Scaling Process Inc. regarding your access to and use of our services. It includes and supersedes all prior or contemporaneous proposals, understandings, agreements, representations, and communications, whether written or oral.

This comprehensive agreement covers all aspects of the relationship between you and Scaling Process Inc., including but not limited to the use of our website, the provision of services, payment terms, intellectual property rights, privacy and data protection, limitations of liability, and dispute resolution.

No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom the modification, amendment, or waiver is to be asserted. Furthermore, the failure or delay by either party to enforce any of its rights under these Terms does not constitute a waiver of such rights.

Please note that any new features or tools which are added to the current services shall also be subject to these Terms of Service. We encourage you to review our Terms of Service regularly to stay informed of our updates.

By using our services, you acknowledge that you have read, understood, and agree to be bound by this comprehensive agreement.

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