Terms & Condition of Use

A few considerations as you use Scale.

1. Introduction

SCALE is a service provided by Scale Management Limited (“Scale Management”, “we” or “us”), located at 48 Mbabane Road, Lavington, Nairobi, Kenya. These SCALE Terms of Service (which we refer to as the “Terms”) cover your use of and access to SCALE and your content in SCALE. Our Privacy Policy explains how we collect and use your information.

Your use of SCALE requires that you agree to the Terms. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use SCALE.

2. Your use of SCALE

Age Restrictions. In order to use SCALE you must be 18 years of age or older.

Your SCALE Account. You will need a SCALE Account in order to use SCALE. To protect your SCALE Account, keep your password confidential. You are responsible for the activity that happens on or through your SCALE Account. Try not to reuse your SCALE Account password on third-party applications.

Your Conduct. Don’t misuse SCALE. You may use SCALE only as permitted by law, including applicable export and re-export control laws and regulations. You are responsible for your conduct and your content stored in SCALE. We may review your conduct and content in SCALE for compliance with the Terms and Policies.

SCALE is available on mobile devices. Do not use SCALE in a way that distracts you and prevents you from obeying traffic or safety laws.

Your Content. SCALE allows you to upload, submit, store, send and receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through SCALE, you give Scale Management a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you stop using our services unless you delete your content. Make sure you have the necessary rights to grant us this license for any content that you submit to SCALE.

Sharing settings in SCALE allow you to control what others can do with your content in SCALE. By default you are set up as the controller of all content you create or upload to SCALE. You can share your content and can transfer control of your content to other users.

Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, and spam and malware detection. This analysis occurs as the content is received, shared, uploaded and when it is stored. You can find more information about how Scale Management uses and stores content in our Privacy Policy. If you submit feedback or suggestions about SCALE, we may use your feedback or suggestions without obligation to you.

Announcements. In connection with your use of SCALE, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Our SCALE services. Using SCALE does not give you ownership of any intellectual property rights in SCALE or the content you access. You may not use content from SCALE unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in SCALE. Don’t remove, obscure, or alter any legal notices displayed in or along with SCALE.

3. Privacy Protection

Scale’s Privacy Policy explains how we treat your personal data and protect your privacy when you use SCALE. By using SCALE, you agree that Scale Management can use such data in accordance with our Privacy Policy.

4. Copyright Protection

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Copyright Act of the Laws of Kenya.

5. About Software in our Services

Client Software. SCALE includes downloadable client software (“Software”). This Software may update automatically on your device once a new version or feature is available. Scale Management gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by Scale Management as part of SCALE. This license is for the sole purpose of enabling you to use and enjoy the benefit of SCALE as provided by Scale Management, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of SCALE or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software. Open source software is important to us. Some software used in SCALE may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these Terms.

6. Modifying and Terminating SCALE

Changes to SCALE. We are constantly changing and improving SCALE. We may make performance or security improvements, change functionalities or features, or make changes to comply with law or to prevent illegal activities on, or abuse of, our systems. You can subscribe to receive information about SCALE here. We will provide notice of material changes to SCALE that we reasonably believe will adversely impact your use of SCALE. However, there are times when we will need to make changes to SCALE without giving notice. These will be limited to instances where we need to take action to ensure the security and operability of the service, prevent abuse or where we must act to meet legal requirements.

Suspension and Termination. You can stop using SCALE at any time, although we’ll be sorry to see you go. We may suspend or permanently disable your access to SCALE if you materially or repeatedly violate our Terms. We will give you prior notice of us suspending or disabling your access to SCALE. However, we may suspend or disable your access to SCALE without notice if you are using SCALE in a manner that could cause us legal liability or disrupt other users’ ability to access and use SCALE.

Discontinuation of SCALE. If we decide to discontinue SCALE, we will give you at least 60 days’ prior notice. During this notice period, you will have the opportunity to take your files out of SCALE. After the end of this 60 day period you will not be able to access your files. We believe that you own your files and preserving your access to such files is important.

7. Purchasing Additional Storage and Payments

Free Storage. SCALE allows you to use up to 5 GB of free online storage (subject to your compliance with the Terms), which may be used across all the services provided within SCALE.

Purchase of Additional Storage. You can also purchase additional storage (“Paid Storage Plan”) as you need it. We'll automatically bill you from the date you convert to a Paid Storage Plan and on each periodic service term renewal until cancellation. Details of the paid storage plan will be provided. Please ensure that you read the terms carefully before making any purchase.

Cancellation. Your Paid Storage Plan will remain in effect until it's cancelled, downgraded or terminated under these Terms. You may cancel or downgrade your Paid Storage Plan at any time from within your account. Your cancellation or downgrade will apply to the next billing period after the current service term expires. If you don't pay for your Paid Storage Plan on time, we reserve the right to downgrade your account and reduce your storage to free space levels.

Plan and Price Changes. We may change the storage plan and price in effect but will give you prior notice of these changes. These changes will apply after your current service term expires, when the next payment is due from you after the notice. We will give you at least 30 days’ prior notice of a price increase or storage plan decrease before you are charged. If you are given less than 30 days' prior notice, the change will not apply until the payment after the next payment is due. If you do not wish to continue with the updated storage plan or price, you may cancel or downgrade your Paid Storage Plan at any time. Your cancellation or downgrade will apply to the next billing period after the current service term; we will continue to make your files available to you or give you a chance to take your files out of SCALE.

8. Our Warranties and Disclaimers

We provide SCALE using a reasonable level of skill and care and we hope that you will enjoy using SCALE. But there are certain things that we don’t promise about SCALE. Other than as expressly stated, we don’t make any commitments about the specific functionality available through SCALE, its reliability, availability, or ability to meet your needs.

9. Liability for SCALE

Scale Management and its suppliers and distributors are not responsible or liable for:

  1. losses that were not caused by our breach of these Terms;
  2. any loss or damage that was not, at the time the relevant contract with you was formed, a reasonably foreseeable consequence of Scale Management breaching the Terms; or
  3. losses relating to any business of yours including lost profits, revenues, opportunity or data.

The total liability of Scale Management, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if the subject of the claim is the free service, to supply you the services again).

Nothing in these terms is intended to exclude or limit the liability of Scale Management and its suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded by law.

10. Laws Governing the Terms

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Kenya and We and You agree and undertake that any controversy or claim arising out of or relating to these Terms and Conditions of Use will be adjudicated exclusively before a competent court in Nairobi Kenya only.

11. Dispute Resolution

Any dispute, controversy or claim arising out of or relating to this Terms and Conditions of Use or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation at such offices of Scale Management as Scale Management may designate. If the Dispute is not settled amicably as aforesaid within a period of 14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration Act of Kenya. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the Customer. The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Nairobi.

11. About these Terms

We may modify these Terms or any additional terms that apply to SCALE. For example: to reflect changes to SCALE or to the law, custom, or political or economic policy; or in response to guidelines issued by regulators or relevant industry bodies; or to enable SCALE meet its obligations. You should look at the Terms regularly. We will post notice of modifications to these Terms on this page. We will post notice of modified additional terms (“Additional Terms”) in the SCALE website and will provide prior notice of material changes to the Terms to you. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted or notified to you. However, changes addressing new functions or features (“New Services”) or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a New Service, you should discontinue your use of that New Service (see “Termination” above, for more information).

If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control for that conflict.

These Terms control the relationship between Scale Management (as copyright owners of SCALE) and you. They do not create any third party beneficiary rights.

If you do not comply with these Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.