Terms of Service

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Definitions

• Account means your registered user profile on our platform.
• Subscription means access to the Service under a paid plan.
• User Content means any data, text, or materials you upload or submit to the Service.

3. User Accounts

You must register for an Account to access subscription-based features. You agree to:

1. provide accurate information,
2. keep your credentials secure, and
3. notify us immediately of any unauthorized use.

4. Subscription and Payment

Subscriptions are billed monthly or annually at the rates listed on our website. Payments are processed through Stripe. All fees are non-refundable unless required by law.

5. License Grant and Restrictions

We grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription. You may not:

1. sublicense the Service,
2. reverse-engineer it, or
3. use it to compete with us.

6. Intellectual Property

All intellectual property rights in the Service remain the property of Scalista UG or its licensors. You retain ownership of your User Content but grant us a worldwide, royalty-free license to use it to operate the Service.

7. AI Act Compliance

We use AI systems in our Service as defined under Regulation (EU) 2021/0106. You will be informed when interacting with AI or receiving AI-generated outputs. For any high-risk AI component, we affirm completion of all required conformity assessments, maintenance of a quality management system, and implementation of a post-market monitoring plan. Serious incidents will be reported within the timelines set out in the AI Act. Liability related to AI malfunctions is limited to the subscription fees paid in the 12 months preceding the claim.

8. Acceptable Use

You agree not to use the Service to:

• break any law,
• transmit malware,
• infringe on rights of others, or
• abuse API rate limits.

We may suspend or terminate access for violations.

9. Termination

We may suspend or terminate your access if you breach these Terms. On termination, your right to use the Service ends, but payment obligations still apply.

10. Disclaimer of Warranties

The Service is provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability or fitness for a particular purpose.

11. Limitation of Liability

To the extent permitted by law, we are not liable for indirect or consequential damages. Our total liability is limited to the amount you paid in the past 12 months.

12. Indemnification

You agree to indemnify and hold harmless Scalista UG from any claims, losses, or expenses arising from your use of the Service or violation of these Terms.

13. Governing Law and Jurisdiction

These Terms are governed by German law. Any disputes will be settled by the courts in Bonn, Germany.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you via email or the Service at least 30 days before they take effect.

15. Contact Information

Email: info@scalista.eu
Phone: +49 179 5316650