Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the SCALR platform and services operated by Floor & Co. (Pty) Ltd ("SCALR", "we", "us", or "our"). Please read them carefully before using our services.

By creating an account or using the SCALR platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use our services.

Article 1 — Scope

These Terms apply to all transactions, interactions, and use of services through the SCALR platform (scalr.co.za) and any related websites, mobile applications, or services operated by SCALR. This includes, but is not limited to:

• Sales funnel builder and hosting
• Email marketing tools and automation
• Website and landing page builder
• Online course and membership platform
• Affiliate management system
• Marketing automation workflows
• Template library

Article 2 — Age Limit

SCALR only accepts clients who are:

• 16 years or older to access and use our digital products and services
• 18 years or older to enter into subscription agreements or any paid service tier

By creating an account, you confirm that you meet the applicable age requirement. If we discover that an account holder does not meet the minimum age requirement, we reserve the right to terminate that account immediately.

Article 3 — Account & Registration

To access most features of SCALR, you must create an account. You agree to:

• Provide accurate and complete registration information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorised use of your account
• Be responsible for all activity that occurs under your account
• Not share your account with others or create accounts on behalf of others without authorisation

SCALR reserves the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.

Article 4 — Pricing & Payment

Pricing for SCALR plans is as displayed on our Pricing page and may be updated from time to time. By subscribing to a paid plan, you agree to the following:

• All prices are shown in South African Rand (ZAR) unless otherwise stated
• Payments are processed securely via Stripe or other authorised payment processors
• Subscription fees are non-refundable once the billing period has commenced
• Annual subscriptions are billed upfront for the full year
• We reserve the right to modify pricing with at least 30 days' notice to existing subscribers
• Failure to pay may result in suspension or downgrade of your account

Article 5 — Usage Limits & Automatic Upgrades

Each SCALR plan includes specific usage limits (contacts, funnels, emails, students, etc.) as described on the Pricing page. If your account exceeds the limits of your current plan:

• You will receive a notification with at least 3 days' notice
• If usage continues to exceed plan limits, your account may be automatically upgraded to the appropriate tier
• Corresponding billing for the new tier will apply from the upgrade date
• You may downgrade at any time, subject to your usage falling within the lower tier's limits

Article 6 — Intellectual Property

Your content

You retain ownership of all content you create using SCALR (funnel pages, email campaigns, course content, etc.). By using SCALR, you grant us a limited licence to host, display, and transmit your content as necessary to provide the service.

Our platform

The SCALR platform, including its design, software, trademarks, and underlying technology, is owned by or licensed to SCALR and protected by applicable intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the platform.

Article 7 — Prohibited Content & Uses

You agree not to use SCALR to create, distribute, or promote:

• Pornographic, adult, or sexually explicit content
• Gambling services or illegal lottery schemes
• Illegal products or services (including controlled substances)
• Violent, hateful, or discriminatory content
• Fraudulent schemes, pyramid schemes, or deceptive marketing
• Spam or unsolicited communications
• Malware, phishing, or any malicious code
• Content that infringes third-party intellectual property rights
• Content targeting children under 13 for commercial purposes

Violation of this article will result in immediate account termination without refund.

Article 8 — SMS Communications

If you use SCALR to send SMS messages to your contacts, you are solely responsible for:

• Obtaining appropriate prior consent from all recipients
• Complying with all applicable laws regarding SMS marketing (including POPIA in South Africa and applicable international regulations)
• Honouring opt-out requests promptly
• Any costs associated with SMS sending

SCALR is not liable for any claims arising from your SMS communications.

Article 9 — Data Protection

Our collection and use of personal data is governed by our Privacy Policy, which forms part of these Terms. We comply with the Protection of Personal Information Act (POPIA) and applicable international data protection regulations.

You, as a SCALR user, are responsible for complying with applicable data protection laws regarding any personal data you collect from your own customers through the platform.

Article 10 — Disclaimer of Warranties

SCALR is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding:

• The reliability, accuracy, or completeness of the platform
• Uninterrupted or error-free operation
• Fitness for any particular business purpose or outcome
• Results or revenue you may achieve using the platform

To the fullest extent permitted by law, SCALR's liability for any claim arising from use of the platform is limited to the amount you paid us in the 3 months preceding the claim.

Article 11 — Termination

Either party may terminate the relationship at any time. You may cancel your account through your account settings. SCALR may suspend or terminate your account:

• For violation of these Terms
• For non-payment of fees
• If your use negatively impacts other users or the platform infrastructure
• If required by law

Upon termination, your access to the platform will cease. We recommend exporting your data before terminating your account, as we cannot guarantee data availability after termination.

Article 12 — Fair Usage Policy

SCALR operates on a shared infrastructure. To ensure a consistent experience for all users, we reserve the right to limit, throttle, or suspend service access if a user's activity:

• Significantly degrades performance for other users
• Places excessive load on our servers beyond what is reasonable for the plan
• Is determined to be automated abuse or scraping
• Is otherwise determined to be commercially unviable to serve at the current plan tier

In such cases, we will notify you and work with you to find a suitable resolution before taking any restrictive action.

Article 13 — Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

Note: Update this article if your company is registered in a different jurisdiction.

Article 14 — Company Information

SCALR is operated by:

• Company: Floor & Co. (Pty) Ltd
• Registration: [Company Registration Number]
• Address: 51 Van der Heever Street, Stephanopark, Vanderbijlpark, Gauteng, 1911, South Africa
• Email: legal@scalr.co.za
• Website: scalr.co.za