Terms of Use Agreement
Read our Terms of Use Agreement to understand the terms and conditions for using our services
TL;DR
Quick summary of our Terms of Use Agreement. Expand each section for details.
1. Introduction and Acceptance
BY USING AUTOSCALED, YOU AGREE TO FOLLOW THESE TERMS. YOU MUST BE 18+ AND ARE RESPONSIBLE FOR YOUR ACCOUNT AND CONTENT. AUTOSCALED PROVIDES A CLOUD PLATFORM FOR CREATING, PERSONALIZING, AND SHARING PRESENTATIONS, INCLUDING INTEGRATIONS WITH CRMS, SPREADSHEETS, AND SLIDES. YOU OWN YOUR CONTENT AND GENERATED PRESENTATIONS, BUT GRANT AUTOSCALED PERMISSION TO HOST, PROCESS, BACK UP, AND (WITH CONSENT) USE THEM FOR MARKETING OR ANALYTICS. USE THE SERVICES LAWFULLY—NO HACKING, SPAMMING, OR COMPETING PRODUCT DEVELOPMENT. PAID PLANS AUTO-RENEW, FEES ARE YOUR RESPONSIBILITY, AND REFUNDS ARE GENERALLY NOT PROVIDED. SERVICES ARE PROVIDED “AS IS” WITH NO GUARANTEES, INCLUDING UPTIME OR RESULTS, AND AUTOSCALED’S TOTAL LIABILITY IS CAPPED AT THE TOTAL FEES YOU PAID IN THE PAST 12 MONTHS (USD). YOU ARE RESPONSIBLE FOR BACKUPS, DATA PRIVACY COMPLIANCE, AND SECURING YOUR ACCOUNT. YOU ALSO AGREE TO INDEMNIFY AUTOSCALED FOR MISUSE, VIOLATIONS, OR CONTENT ISSUES. BETA FEATURES AND THIRD-PARTY INTEGRATIONS CARRY EXTRA RISK.
1.1 Agreement to Terms
Welcome to AutoScaled. These Terms and Conditions ("Terms", "Agreement") govern your access to and use of the AutoScaled platform, website (https://autoscaled.com), and all related services (collectively, the "Services"). By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1.2 Binding Contract
These Terms constitute a legally binding agreement between you ("User", "you", "your") and AutoScaled, operating from Dublin, Ireland ("AutoScaled", "we", "us", "our"). If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" include both you individually and the organization.
1.3 Age and Capacity Requirements
You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. If you do not meet these requirements, you may not access or use the Services.
1.4 Modifications to Terms
We reserve the right to modify these Terms at any time, in our sole discretion. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services immediately.
By using our website and Services, you consent to our use of cookies as described in our Cookie Policy. Our use of third-party services (including for live chat, analytics, and hosting) is described in our Privacy Policy and Cookie Policy.
2. Account Registration and Security
2.1 Account Creation
To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update this information to maintain its accuracy.
2.2 Account Security and Responsibility
You are solely responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Ensuring that only authorized users access your account
- Immediately notifying us of any unauthorized access or security breach
We are not liable for any loss or damage arising from unauthorized use of your account, whether or not you were aware of such unauthorized use.
2.3 Account Restrictions
You may not:
- Share your account credentials with others
- Create multiple accounts for fraudulent purposes
- Allow third parties to access your account without authorization
- Use another user's account without permission
2.4 Account Termination by User
You may terminate your account at any time through your account settings or by contacting us at support@autoscaled.com. Termination does not relieve you of obligations to pay outstanding fees.
3. Services Description
3.1 Platform Overview
AutoScaled provides a cloud-based platform that enables users to automate the creation, personalization, and distribution of presentations and content using data from integrated sources including:
- Attio
- Salesforce
- HubSpot
- Google Sheets
- CSV files
- Microsoft Excel
- Microsoft PowerPoint
- Google Slides
3.2 Service Features
The Services include, but are not limited to:
- Data source integrations
- Workflow automation and triggers
- Template management and customization
- Content generation and personalization
- Content sharing and distribution
- Analytics and insights
- Data export capabilities (CSV format)
3.3 Service Availability and Modifications
We make no guarantees regarding Service availability, uptime, or performance. We reserve the right to:
- Modify, suspend, or discontinue any part of the Services at any time with or without notice
- Impose usage limits or restrictions
- Remove or modify features
- Change the technical requirements for accessing the Services
You acknowledge that temporary interruptions or permanent discontinuation of Services may occur without liability to AutoScaled.
3.4 Free Trial and Free Tier
We offer a 30-day free trial of our Pro plan features ("Pro Trial") and a free tier with limited functionality ("Free Tier").
Important terms for Free Trial and Free Tier users:
- The Pro Trial does not require a credit card and includes all Pro features for 30 days
- The Free Tier has limited functionality and may include usage restrictions
- We reserve the right to modify, suspend, or discontinue the Free Trial or Free Tier at any time without notice
- We may terminate Free Trial or Free Tier access for any reason, including suspected abuse
- No refunds or compensation will be provided for early termination of Free Trial or Free Tier access
- Free Trial converts to Free Tier automatically unless you purchase a paid subscription
3.5 Beta Features
We may offer beta features, experimental functionality, or early access features ("Beta Features") that you may opt into using. Beta Features are:
- Provided "AS IS" without any warranties
- Subject to bugs, errors, data loss, or unexpected behavior
- May be modified or discontinued at any time without notice
- Require separate opt-in consent via in-app checkbox before access
- Communicated via our Resources/Release Notes page and email
By opting into Beta Features, you acknowledge and accept all risks associated with using pre-release functionality. We are not liable for any loss, damage, or issues arising from Beta Features.
4. User Content and Data
4.1 Your Content
"Your Content" means all data, files, presentations, templates, text, images, and other materials you upload, create, or transmit through the Services, including data imported from integrated third-party sources.
4.2 Your Responsibilities
You represent and warrant that:
- You own or have necessary rights to all Your Content
- Your Content does not violate any laws or third-party rights
- You have obtained all necessary consents to upload and process Your Content, including consent from individuals whose personal data is included
- Your Content does not contain viruses, malware, or harmful code
- You have the authority to grant AutoScaled the rights specified in Section 4.3
You are solely responsible for Your Content and any consequences of uploading, creating, or sharing it through the Services.
4.3 License to AutoScaled
By uploading Your Content to the Services, you grant AutoScaled a worldwide, non-exclusive, royalty-free, fully paid-up license to:
a) Service Provision:
- Host, store, reproduce, and display Your Content to provide the Services to you
- Process, analyze, and transform Your Content as necessary to deliver Service functionality
- Create backup copies for disaster recovery and service continuity purposes
- Transmit Your Content to third-party services you have authorized (e.g., integrated CRMs, storage services)
b) Display and Marketing (with separate consent):
- Display Your Content, company name, and logo for marketing and promotional purposes only with your explicit consent obtained through in-app settings
- Create case studies or testimonials featuring your use of the Services only with your explicit written consent
- You may revoke this consent at any time by updating your account settings or contacting us
c) Analytics and Improvement:
- Use aggregated, anonymized, and de-identified data derived from Your Content for:
- Product analytics and insights
- Service improvement and feature development
- Performance monitoring and optimization
- Industry benchmarking and trend analysis
- This anonymized data cannot be traced back to you or your organization
d) Marketing Use of Customer Information:
- Display your company name and logo on our website as a customer unless you opt out in your account settings
- Reference your company as a customer in sales and marketing materials unless you opt out
- You may opt out of this use at any time by contacting us at support@autoscaled.com
4.4 Content Ownership
You retain all ownership rights to Your Content and to presentations, documents, and other materials generated by the Services using Your Content ("Generated Content"). AutoScaled claims no ownership of Your Content or Generated Content.
4.5 Restrictions on Your Use of Generated Content
While you own Generated Content, you agree that:
- ✅ You may use Generated Content for your own business purposes (sales, marketing, client presentations, etc.)
- ✅ You may share Generated Content with clients, prospects, partners, and employees
- ✅ You may modify and customize Generated Content
- ❌ You may not resell Generated Content as templates, products, or services
- ❌ You may not use Generated Content to create competing products or services
- ❌ You may not reverse-engineer AutoScaled's templates, algorithms, or proprietary methods
- ❌ You may not redistribute AutoScaled templates or workflows as standalone products
4.6 Data Backup and Loss
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR CONTENT. We do not guarantee that we will store, maintain, or provide backups of Your Content beyond what is necessary for Service operation.
We are not liable for any loss, corruption, or deletion of Your Content, regardless of cause, including:
- Service outages or technical failures
- Security breaches or unauthorized access
- User error or accidental deletion
- Account termination or suspension
- Third-party integration failures
We strongly recommend you maintain independent backups of all critical data.
4.7 Data Retention After Account Deletion
Upon account deletion or termination:
- We will retain Your Content for 30 days to allow for account recovery or data export
- After 30 days, Your Content will be permanently deleted from our systems
- You may request immediate deletion by contacting support@autoscaled.com
- Anonymized and aggregated data used for analytics may be retained indefinitely
4.8 Content Removal
We reserve the right to remove, delete, or refuse to process any of Your Content at any time, for any reason, without notice or liability, including if we believe it:
- Violates these Terms or applicable law
- Infringes third-party rights
- Poses a security risk
- Violates our Acceptable Use Policy
- Is associated with fraudulent or abusive activity
5. Acceptable Use and Prohibited Conduct
5.1 Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms.
5.2 Prohibited Activities
You must not:
- Violate any applicable laws, regulations, or third-party rights
- Upload or transmit illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable content
- Infringe any intellectual property rights, including copyrights, trademarks, patents, or trade secrets
- Transmit viruses, malware, ransomware, or other harmful code
- Attempt to gain unauthorized access to the Services, other users' accounts, or our systems
- Interfere with, disrupt, or damage the Services, servers, or networks
- Use automated scripts, bots, scrapers, or crawlers to access the Services
- Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Services
- Use the Services to build, train, or develop a competing product or service
- Resell, sublicense, or redistribute the Services without written authorization
- Send spam, unsolicited communications, or bulk emails through the Services
- Impersonate others or misrepresent your affiliation or authority
- Collect, harvest, or scrape information about other users
- Use the Services for cryptocurrency mining or similar resource-intensive activities
- Overload or stress-test the Services in a manner that degrades performance for other users
- Violate rate limits or usage restrictions
- Share account credentials or allow unauthorized access
5.3 Enforcement
We reserve the right to investigate and take appropriate action against anyone who violates these prohibitions, including:
- Removing Content without notice
- Suspending or terminating accounts immediately
- Reporting violations to law enforcement authorities
- Pursuing legal action for damages
- Cooperating with investigations by authorities
All such actions may be taken without prior notice and without liability to AutoScaled.
6. Third-Party Integrations
6.1 Third-Party Services
The Services integrate with third-party platforms including Attio, Salesforce, HubSpot, Google Sheets, Microsoft Office 365, and others ("Third-Party Services"). Your use of these integrations is subject to the third parties' own terms, policies, and availability.
6.2 Authentication and Data Access
When you connect Third-Party Services to AutoScaled, you authorize us to:
- Access, retrieve, and process data from your Third-Party Service accounts
- Create, update, and modify records in your Third-Party Service accounts (e.g., creating presentations, updating CRM records)
- Perform read, write, create, update, and delete operations as necessary to provide the Services
- Store authentication tokens and credentials securely to maintain the connection
You represent and warrant that:
- You have the authority to grant AutoScaled access to your Third-Party Service accounts
- Granting such access does not violate any Third-Party Service terms or policies
- You have obtained necessary permissions and consents from your organization and data subjects
6.3 No Liability for Third-Party Services
We are not responsible for:
- The availability, functionality, accuracy, or performance of Third-Party Services
- Any actions, content, data, or errors provided by Third-Party Services
- Any loss or damage caused by Third-Party Services or their unavailability
- Changes, deprecations, or discontinuation of Third-Party Services or their APIs
- Third parties' use, storage, or handling of your data
- Third-party security breaches or data incidents
- API rate limits, costs, or restrictions imposed by Third-Party Services
- Compatibility issues between AutoScaled and Third-Party Services
6.4 API Changes and Service Disruptions
Third-party APIs and services may change without notice to AutoScaled. We are not liable for:
- Service disruptions caused by third-party API changes, deprecations, or shutdowns
- Loss of functionality due to third-party service modifications
- Data synchronization issues resulting from third-party service problems
- Additional costs or fees imposed by third parties
We will use commercially reasonable efforts to adapt to third-party changes, but we do not guarantee continued compatibility or functionality.
6.5 Disconnection
You may disconnect Third-Party Services from AutoScaled at any time through your account settings. Disconnecting may result in loss of functionality or data synchronization.
7. Intellectual Property Rights
7.1 AutoScaled Ownership
The Services, including all software, code, algorithms, designs, graphics, text, trademarks, logos, templates, workflows, and other content provided by AutoScaled (excluding Your Content and Generated Content), are owned by AutoScaled and protected by intellectual property laws including copyright, trademark, patent, and trade secret laws.
All rights not expressly granted to you in these Terms are reserved by AutoScaled.
7.2 Limited License to Use Services
Subject to your compliance with these Terms and payment of applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Access and use the Services for your internal business purposes
- Create and use Generated Content in accordance with Section 4.5
- Access and download your data through provided export functions
This license terminates immediately upon termination of your account or breach of these Terms.
7.3 Restrictions on Use of AutoScaled Property
You may not:
- Copy, modify, or create derivative works of the Services
- Distribute, sell, lease, sublicense, or transfer the Services
- Remove, alter, or obscure any proprietary notices, trademarks, or copyright notices
- Use AutoScaled's trademarks, logos, or branding without written permission
- Frame or mirror any part of the Services
- Use the Services to develop competing products or services
- Attempt to extract or replicate AutoScaled's proprietary algorithms, templates, or methods
7.4 Feedback and Suggestions
If you provide suggestions, ideas, feedback, or recommendations about the Services ("Feedback"), you grant AutoScaled a perpetual, irrevocable, worldwide, royalty-free, fully transferable license to:
- Use, implement, and commercialize the Feedback without restriction
- Modify, improve, and create derivative works based on the Feedback
- Incorporate the Feedback into the Services or other products
You waive any claims to compensation or attribution for Feedback. Feedback is provided voluntarily and will be treated as non-confidential and non-proprietary.
7.5 Future API Access
AutoScaled may offer API access in the future. Any API access will be subject to separate terms and conditions, rate limits, and pricing. We reserve the right to modify, restrict, or discontinue API access at any time.
8. Fees, Payment, and Subscriptions
8.1 Pricing and Plans
AutoScaled offers multiple pricing plans, including:
- Free Tier: Limited functionality with usage restrictions
- Pro Trial: 30-day free trial of Pro features (no credit card required)
- Monthly Subscription: Paid monthly with automatic renewal
- Annual Subscription: Paid annually with automatic renewal
- Usage-Based Fees: Charges based on number of successfully generated presentations
Current pricing is available at https://autoscaled.com/pricing and may be changed at any time at our sole discretion.
8.2 Usage-Based Billing
For usage-based plans:
- You are charged based on the number of successfully generated presentations without error on AutoScaled's end
- If a presentation fails to generate due to AutoScaled system errors, it does not count toward usage
- If a presentation fails due to user error (invalid data, incorrect template configuration, etc.), it does count toward usage
- You are responsible for monitoring your usage and associated costs
- We may charge your payment method monthly or at other intervals
8.3 Usage Limits and Restrictions
Each plan has specific usage limits (number of presentations, workflows, integrations, etc.). If you exceed your plan's limits:
- You will be unable to generate additional presentations until you upgrade to a higher plan or wait until your next billing cycle
- We may suspend certain features or functionality
- We will not charge you overage fees without your explicit consent
- We may contact you to recommend upgrading to a suitable plan
8.4 Payment Authorization
By providing payment information, you authorize AutoScaled and our third-party payment processors to charge your payment method for all applicable Fees, including:
- Subscription fees (monthly or annual)
- Usage-based fees
- Applicable taxes
- Any other charges agreed upon
You must provide accurate, current, and complete payment information. You are responsible for updating payment information if it changes.
8.5 Subscription Auto-Renewal
All paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
Monthly Subscriptions:
- Renew automatically every month at the then-current monthly rate
- Example: Subscription purchased on 04/01/2026 renews on 05/01/2026
- Cancel anytime; cancellation takes effect at end of current month
Annual Subscriptions:
- Renew automatically every year at the then-current annual rate
- Example: Subscription purchased on 04/01/2026 renews on 04/01/2027
- Cancel anytime; cancellation takes effect at end of current year
By subscribing, you explicitly consent to automatic renewal and authorize us to charge your payment method at each renewal.
8.6 Cancellation of Subscriptions
You may cancel your subscription at any time through your account settings or by contacting support@autoscaled.com.
Upon cancellation:
- Your subscription remains active until the end of the current billing period
- You retain access to paid features until the period ends
- Your subscription will not renew
- You will not receive a refund for the unused portion of the current billing period
- After the period ends, your account reverts to Free Tier (if available)
8.7 Fee Changes and Price Increases
We may change pricing at any time. For active subscriptions:
- Monthly subscription price changes take effect at your next monthly renewal
- Annual subscription price changes take effect at your next annual renewal
- We will provide notice of material price increases
- Continued use after price changes constitutes acceptance
8.8 Late Payment and Suspension
If payment is not received when due:
- We may immediately suspend or terminate your access to paid features without notice
- We may downgrade your account to Free Tier
- You remain liable for all unpaid Fees plus interest at 1.5% per month (or the maximum legal rate, whichever is lower)
- We may engage collection agencies to recover unpaid amounts
- We may report non-payment to credit bureaus where permitted by law
8.9 Taxes
Fees do not include applicable sales, use, VAT, GST, or other taxes or duties ("Taxes").
You are responsible for:
- All Taxes associated with your use of the Services (except taxes based on AutoScaled's income)
- Providing valid tax exemption certificates if applicable
- Any import duties, customs fees, or similar charges
If we are required to collect Taxes, we will charge them in addition to the Fees. We will remit collected Taxes to the appropriate authorities.
8.10 No Refunds Policy
ALL FEES ARE NON-REFUNDABLE. We do not provide refunds, credits, or prorated amounts for:
- Partial billing periods
- Unused subscriptions or features
- Subscription cancellations (subscription remains active until period ends)
- Account terminations or suspensions
- Service interruptions, downtime, or unavailability
- Dissatisfaction with the Services
- Changes in your business needs
- Failure to use the Services
The only exception: If AutoScaled materially breaches these Terms by failing to provide the core functionality of the Services for an extended period (30+ consecutive days), and we do not cure the breach within 30 days of notice, you may be entitled to a pro-rata refund at our sole discretion.
Free Trial Note: The 30-day Pro Trial is provided free of charge, so no refunds apply. You may cancel at any time during the trial.
9. Confidentiality
9.1 Confidential Information
"Confidential Information" means non-public information disclosed by either party that:
- Is marked as confidential or proprietary
- Would reasonably be considered confidential given its nature and circumstances of disclosure
Your Content is your Confidential Information. AutoScaled's proprietary technology, algorithms, business strategies, and pricing are AutoScaled's Confidential Information.
9.2 Protection Obligations
Each party agrees to:
- Use Confidential Information only to fulfill obligations under these Terms
- Protect Confidential Information using reasonable security measures (at least the same measures used for its own confidential information)
- Not disclose Confidential Information to third parties without prior written consent
- Limit access to Confidential Information to employees and contractors who need to know
9.3 Exceptions
Confidential Information does not include information that:
- Is publicly available through no fault of the receiving party
- Was lawfully known to the receiving party before disclosure
- Is independently developed by the receiving party without use of Confidential Information
- Is rightfully obtained from a third party without confidentiality restrictions
- Must be disclosed by law or legal process (with notice to the disclosing party where permitted)
9.4 Data Security Measures
We implement commercially reasonable security measures to protect Your Content, including:
- Encryption of data in transit and at rest
- Regular security assessments and penetration testing
- Access controls and authentication mechanisms
- Security monitoring and incident response procedures
- Employee security training
However, you acknowledge that:
- No security system is completely impenetrable
- We cannot guarantee absolute security against all threats
- We are not liable for security breaches beyond our reasonable control
- You are responsible for implementing your own security measures, including strong passwords and access controls
9.5 Security Incident Notification
In the event of a security incident affecting Your Content, we will:
- Investigate and take steps to mitigate the incident
- Notify you within a reasonable timeframe as required by applicable law
- Cooperate with your investigation and remediation efforts
- Provide information about the incident as appropriate
We are not liable for any damages resulting from security incidents, subject to the limitations in Section 12.
10. Privacy and Data Protection
10.1 Privacy Policy
Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our privacy practices as described in the Privacy Policy.
For information on the cookies we use, how we use them, and how you can manage your preferences, please see our Cookie Policy. You may manage your cookie preferences at any time through our Cookie Settings.
10.2 Data Processing Addendum
To the extent we process personal data on your behalf under applicable data protection laws (including GDPR, UK GDPR, or similar regulations), the terms of our Data Processing Addendum (DPA), available at /dpa/, shall apply and are incorporated by reference.
10.3 Your Data Protection Obligations
You represent and warrant that:
- You have obtained all necessary consents and provided all required notices to individuals whose personal data you upload to the Services
- Your use of the Services complies with all applicable data protection laws
- You have a lawful basis for processing personal data through the Services
- You will not upload sensitive personal data (health data, financial data, etc.) unless expressly authorized by us in writing
10.4 Data Subject Rights
Individuals whose data you process through the Services may have rights under data protection laws (access, correction, deletion, etc.). You are responsible for responding to such requests. We will reasonably assist you in fulfilling these obligations where we act as a data processor.
10.5 Data Transfers
Your Content may be transferred to, stored, and processed in countries other than your country of residence, including Ireland, the European Economic Area, and other jurisdictions where AutoScaled or its service providers operate. By using the Services, you consent to such transfers.
11. Disclaimers and Warranties
11.1 "AS IS" AND "AS AVAILABLE" BASIS
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTOSCALED DISCLAIMS ALL WARRANTIES, INCLUDING:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES REGARDING ACCURACY, RELIABILITY, COMPLETENESS, OR AVAILABILITY
- WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- WARRANTIES THAT DEFECTS, BUGS, OR ERRORS WILL BE CORRECTED
- WARRANTIES REGARDING RESULTS, OUTPUTS, OR PERFORMANCE
- WARRANTIES REGARDING DATA SECURITY OR PROTECTION AGAINST BREACHES
11.2 No Guarantee of Results or Uptime
We do not warrant that:
- The Services will meet your specific requirements or expectations
- Generated presentations or content will be accurate, complete, suitable, or error-free
- The Services will be available 24/7 or at any specific uptime percentage
- Third-party integrations will function properly or remain available
- Your data will be preserved, backed up, or recoverable in all circumstances
- The Services will be compatible with your systems, software, or workflows
- Service features or functionality will remain unchanged
- Any specific business results will be achieved
11.3 Third-Party Content and Services
We are not responsible for:
- The accuracy, completeness, legality, or quality of any third-party content, data, or materials accessed through the Services
- The availability, performance, or functionality of Third-Party Services
- Any actions or omissions of third-party service providers
- Losses resulting from third-party service failures or discontinuations
11.4 Beta Features and Experimental Functionality
Beta Features, trials, early access features, and experimental functionality are provided without any warranty whatsoever.
We expressly disclaim all warranties for Beta Features, including:
- Warranties of functionality, stability, or performance
- Warranties that Beta Features will be included in the generally available version
- Warranties regarding data integrity or security for Beta Features
- Any obligation to maintain, support, or continue offering Beta Features
By opting into Beta Features, you accept all risks, including potential data loss, errors, and service disruptions.
11.5 User-Generated Content
We are not responsible for:
- The accuracy, legality, or appropriateness of Your Content or User-Generated Content
- Verifying the truth, legality, or quality of any content uploaded by users
- Monitoring or reviewing all content uploaded to the Services
- Losses resulting from reliance on user-generated content
11.6 No Legal, Financial, or Professional Advice
The Services do not provide legal, financial, accounting, tax, medical, or other professional advice. Any content, suggestions, or outputs generated by the Services should not be relied upon as professional advice. You should consult qualified professionals for advice specific to your situation.
11.7 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of implied warranties. In such jurisdictions, the disclaimers above apply to the maximum extent permitted by applicable law. You may have additional rights under local law.
12. Limitation of Liability
12.1 EXCLUSION OF CONSEQUENTIAL AND INDIRECT DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTOSCALED, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS (COLLECTIVELY, "AUTOSCALED PARTIES") SHALL NOT BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, SALES, OR BUSINESS OPPORTUNITIES
- LOSS OF DATA, CONTENT, OR INFORMATION
- LOSS OF USE OR INTERRUPTION OF BUSINESS OPERATIONS
- COST OF PROCUREMENT OF SUBSTITUTE SERVICES
- REPUTATIONAL HARM OR DAMAGE TO GOODWILL
- LOSS OF ANTICIPATED SAVINGS OR BENEFITS
- DAMAGES FOR PERSONAL INJURY OR EMOTIONAL DISTRESS
EVEN IF ARISING FROM:
- Use or inability to use the Services
- Unauthorized access to or alteration of Your Content
- Data breaches, security incidents, or cyber attacks
- Errors, bugs, defects, or malfunctions in the Services
- Service interruptions, downtime, or unavailability
- Loss, corruption, or deletion of Your Content
- Third-party actions, services, or integrations
- Reliance on content, data, or outputs generated by the Services
- Account suspension or termination
- Changes to the Services or pricing
- Any other matter relating to the Services
THIS LIMITATION APPLIES REGARDLESS OF:
- The legal theory (contract, tort, negligence, strict liability, breach of warranty, or otherwise)
- Whether AutoScaled was advised, knew, or should have known of the possibility of such damages
- Whether any limited remedy fails of its essential purpose
12.2 MONETARY CAP ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTOSCALED PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:
(A) THE TOTAL FEES ACTUALLY PAID BY YOU TO AUTOSCALED IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR
(B) IF YOU HAVE USED THE SERVICES FOR LESS THAN 12 MONTHS, THE TOTAL FEES PAID DURING YOUR ENTIRE PERIOD OF USE; OR
(C) $100 (ONE HUNDRED USD)
Examples:
- Free Tier or Pro Trial user ($0 paid): Maximum liability = $100
- Monthly subscriber paying $50/month for 6 months ($300 paid): Maximum liability = $300
- Annual subscriber paying $1,200/year: Maximum liability = $1,200
- Enterprise customer paying $10,000 over 8 months: Maximum liability = $10,000
This cap applies to all claims in the aggregate, not per incident. Multiple claims arising from the same or related circumstances will be treated as a single claim for purposes of this limitation.
12.3 Essential Basis of the Bargain
You acknowledge and agree that:
- The disclaimers and limitations in Sections 11 and 12 are fundamental elements of the agreement between you and AutoScaled
- AutoScaled would not provide the Services at the current pricing without these limitations
- These limitations reflect a reasonable allocation of risk between you and AutoScaled
- You have had the opportunity to review these limitations and negotiate alternative terms
- Each provision in Sections 11 and 12 is severable and independent
If any provision is found unenforceable, the remaining limitations shall remain in full force and effect to the maximum extent permitted by law.
12.4 Jurisdictional Limitations
Some jurisdictions do not allow:
- Exclusion or limitation of incidental or consequential damages
- Limitation of liability for death or personal injury caused by negligence
- Limitation of liability for fraud or fraudulent misrepresentation
- Caps on liability below certain minimum thresholds
In such jurisdictions:
- The limitations above apply to the maximum extent permitted by applicable law
- AutoScaled's liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, is not limited
- You may have additional rights under mandatory consumer protection laws
12.5 Acknowledgment of Risk
By using the Services, you acknowledge that:
- You assume all risks associated with the use of cloud-based software services
- You are responsible for maintaining independent backups of critical data
- You should not rely solely on the Services for mission-critical operations without redundancy
- You accept the inherent risks of internet-based services, including security vulnerabilities and service disruptions
12.6 Customer Responsibilities for Compliance
Customer is solely responsible for determining whether the Services are suitable for Customer's compliance obligations, including obligations relating to personal data protection, industry-specific regulations, and internal policies. Customer is responsible for configuring the Services in a manner consistent with its legal obligations and ensuring that it has obtained all necessary rights and consents for any Personal Data processed using the Services.
AutoScaled does not monitor or validate Customer's compliance configurations or data inputs.
13. Indemnification
13.1 Your Indemnification Obligations
You agree to indemnify, defend (at AutoScaled's option), and hold harmless AutoScaled Parties from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising from or relating to:
- Your use or misuse of the Services
- Your Content, including any claims that Your Content infringes, violates, or misappropriates third-party intellectual property rights, privacy rights, or other rights
- Your violation of these Terms
- Your violation of any applicable laws, regulations, or third-party rights
- Your negligence, willful misconduct, or fraudulent acts
- Any actions taken by users accessing the Services through your account
- Your breach of any representations or warranties in these Terms
- Disputes between you and any third party arising from your use of the Services
13.2 Defense and Settlement
AutoScaled reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases:
- You agree to cooperate fully with AutoScaled's defense
- You may not settle any such matter without AutoScaled's prior written consent
- AutoScaled will make reasonable efforts to notify you of any such claim
13.3 Indemnification Procedure
If you are required to indemnify AutoScaled:
- AutoScaled will provide you with prompt written notice of any claim
- You will have the right to defend the claim with counsel of your choice, subject to AutoScaled's approval
- AutoScaled may participate in the defense at its own expense
- You will not consent to any settlement or judgment that imposes obligations on AutoScaled without AutoScaled's prior written consent
14. Term and Termination
14.1 Term
These Terms commence when you first access or use the Services and continue until terminated as provided in this Section 14.
14.2 Termination by AutoScaled
We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason or no reason, including if:
- You breach any provision of these Terms
- We suspect fraudulent, illegal, or abusive activity
- We receive legal process requiring termination
- We discontinue the Services entirely or in part
- Your account has been inactive for an extended period
- You fail to pay fees when due
- We determine, in our sole discretion, that providing the Services to you creates legal, security, or reputational risk
We may also suspend access temporarily while investigating potential violations.
14.3 Termination by You
You may terminate these Terms at any time by:
- Canceling your subscription through your account settings
- Closing your account
- Contacting us at support@autoscaled.com
You remain liable for all Fees incurred before termination.
14.4 Effect of Termination
Upon termination of your account or these Terms:
Immediate Effects:
- Your right to access and use the Services immediately ceases
- Your license to use the Services is revoked
- We may immediately deactivate or delete your account
Content and Data:
- We may delete Your Content from our systems without liability (subject to 30-day retention in Section 4.7)
- You will no longer be able to access Your Content through the Services
- We have no obligation to provide you with a copy of Your Content unless you export it before termination
Payment Obligations:
- You must immediately pay all outstanding Fees and charges
- You are not entitled to any refunds for prepaid fees or unused subscription periods
- If you have unpaid fees, we may pursue collection through legal means
Survival: Sections that by their nature should survive termination shall survive, including:
- Section 4 (User Content - license grants to AutoScaled)
- Section 7 (Intellectual Property Rights)
- Section 8 (Fees - payment obligations)
- Section 9 (Confidentiality)
- Section 11 (Disclaimers)
- Section 12 (Limitation of Liability)
- Section 13 (Indemnification)
- Section 16 (Dispute Resolution)
- Section 17 (General Provisions)
14.5 No Refunds Upon Termination
Termination does not entitle you to any refunds, credits, or prorated amounts for:
- Unused subscription periods
- Prepaid fees
- Lost data or content
- Any other reason
14.6 Post-Termination Obligations
After termination:
- You must immediately cease all use of the Services
- You must delete any AutoScaled software or materials in your possession
- You must return or destroy any Confidential Information of AutoScaled
- Your indemnification obligations continue for any claims arising from your use of the Services before termination
15. Export Control and Compliance
15.1 Export Restrictions
The Services and underlying technology may be subject to export control laws and regulations, including those of the European Union, Ireland, and the United States. You represent and warrant that:
- You are not located in a country subject to a government embargo or designated as a "terrorist supporting" country
- You are not listed on any government prohibited or restricted parties list (including EU, Irish, U.S., or UN sanctions lists)
- You will comply with all applicable export control laws and regulations
- You will not export, re-export, or transfer the Services to prohibited destinations or persons
15.2 Compliance with Laws
You agree to comply with all applicable laws, regulations, and ordinances relating to your use of the Services, including:
- Data protection and privacy laws (GDPR, ePrivacy Directive, etc.)
- Anti-corruption and anti-bribery laws
- Consumer protection laws
- Industry-specific regulations applicable to your business
- Intellectual property laws
- Export control and sanctions laws
- Employment and labor laws (if using Services to process employee data)
15.3 Restricted Use
You may not use the Services:
- In any manner that violates applicable laws or regulations
- To support or facilitate any illegal activities
- In connection with any high-risk activities where failure could lead to death, personal injury, or environmental damage
- To process data of individuals in jurisdictions where we are not authorized to operate
15.4 Government Use
If you are a government entity, additional terms may apply. Contact us at support@autoscaled.com for government-specific terms.
16. Dispute Resolution
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
16.2 Informal Resolution
Before initiating any formal dispute resolution proceedings, you agree to contact us at support@autoscaled.com to attempt to resolve the dispute informally. Both parties agree to negotiate in good faith for at least 30 days before initiating formal proceedings.
To initiate informal resolution, you must provide:
- Your name, email address, and account information
- A detailed description of the dispute
- The relief or resolution you are seeking
- Any supporting documentation
16.3 Arbitration Agreement
Any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or your use of the Services that cannot be resolved through informal negotiations shall be resolved by binding arbitration.
Key Terms:
- Arbitration shall be conducted in English in Dublin, Ireland
- Arbitration shall be administered by a mutually agreed arbitration body (or if parties cannot agree, by the Chartered Institute of Arbitrators)
- The arbitration shall be conducted by a single arbitrator agreed upon by both parties
- The arbitrator's decision shall be final and binding
- Judgment on the arbitration award may be entered in any court of competent jurisdiction
- Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise
The arbitrator shall have exclusive authority to resolve all disputes, except:
- Either party may seek injunctive or equitable relief in court to protect intellectual property rights
- Either party may seek injunctive relief to enforce confidentiality obligations
16.4 CLASS ACTION WAIVER
YOU AND AUTOSCALED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, CONSOLIDATED, OR MASS ACTION.
This means:
- No class arbitrations or class actions are permitted
- No consolidation of multiple claims without consent of all parties
- No representative actions on behalf of other users
- Each dispute must be arbitrated or litigated individually
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
16.5 Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to support@autoscaled.com within 30 days of first accepting these Terms. Your notice must include:
- Your full name and account email
- A clear statement that you wish to opt out of the arbitration agreement
If you opt out:
- All other Terms still apply
- Disputes will be resolved in the courts specified in Section 16.7
- You retain your right to bring claims in court
16.6 Small Claims Court Exception
Notwithstanding the arbitration agreement, either party may bring an individual action in small claims court if the claim qualifies and remains in small claims court.
16.7 Venue and Jurisdiction (If Arbitration Does Not Apply)
If arbitration does not apply (due to opt-out, small claims exception, or IP/injunctive relief):
- You agree that any legal action shall be brought exclusively in the courts of Dublin, Ireland
- You consent to the personal jurisdiction and venue of such courts
- You waive any objection to jurisdiction or venue in such courts
16.8 Costs and Attorneys' Fees
In any dispute resolution proceeding:
- Each party shall bear its own attorneys' fees and costs unless otherwise determined by the arbitrator or court
- The prevailing party may be entitled to recover reasonable attorneys' fees and costs if provided by applicable law
- AutoScaled will not seek to recover attorneys' fees and costs in arbitration unless the arbitrator finds your claims were frivolous
16.9 Modifications to Dispute Resolution
We may modify this Section 16 from time to time. If we make material changes:
- We will notify you via email or through the Services
- Changes will not apply to disputes that arose before the changes took effect
- You will have 30 days to opt out of any changes by contacting support@autoscaled.com
- Continued use of the Services after 30 days constitutes acceptance of the changes
17. General Provisions
17.1 Entire Agreement
These Terms, together with:
- Our Privacy Policy (https://autoscaled.com/privacy)
- Our Cookie Policy (https://autoscaled.com/cookie-policy)
- Our Data Processing Addendum (https://autoscaled.com/dpa)
- Any Order Forms or Supplemental Terms
- Any other documents expressly incorporated by reference
constitute the entire agreement between you and AutoScaled regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.
17.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable:
- The invalid provision shall be modified to the minimum extent necessary to make it enforceable
- If modification is not possible, the invalid provision shall be severed
- The remaining provisions shall remain in full force and effect
- The invalidity of any provision shall not affect the validity of any other provision
17.3 Waiver
No waiver of any provision of these Terms shall constitute a waiver of any other provision or a continuing waiver. Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.
All waivers must be:
- In writing
- Signed by an authorized representative of AutoScaled
- Specific as to the provision being waived
17.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Any attempted assignment without consent is void.
AutoScaled may freely assign or transfer these Terms, in whole or in part, without your consent:
- To any affiliate or subsidiary
- In connection with a merger, acquisition, sale of assets, or other corporate reorganization
- To any successor or acquirer
Upon assignment, these Terms shall bind and inure to the benefit of the parties and their permitted successors and assigns.
17.5 Force Majeure
AutoScaled shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including:
- Acts of God, natural disasters, fires, floods, earthquakes
- War, terrorism, riots, civil unrest, acts of government
- Epidemics, pandemics, or public health emergencies
- Labor disputes, strikes, or lockouts
- Internet or telecommunications failures not caused by AutoScaled
- Power outages or utility failures
- Acts or omissions of third-party service providers
- Cyber attacks, hacking, or malicious activities by third parties
If a force majeure event occurs:
- AutoScaled's obligations shall be suspended for the duration of the event
- AutoScaled will use commercially reasonable efforts to mitigate the impact
- If the force majeure event continues for more than 30 consecutive days, either party may terminate these Terms upon written notice
17.6 Independent Contractors
You and AutoScaled are independent contractors. These Terms do not create:
- A partnership, joint venture, or agency relationship
- An employment relationship
- Any fiduciary duties between the parties
Neither party may bind the other or make commitments on behalf of the other.
17.7 Third-Party Beneficiaries
These Terms do not confer any third-party beneficiary rights. No person or entity not a party to these Terms shall have any right to enforce any provision of these Terms.
Exception: AutoScaled Parties (as defined in Section 12) are intended third-party beneficiaries of Sections 11, 12, and 13.
17.8 Notices
Notices to you may be sent:
- To the email address associated with your account
- Via in-app notifications
- By posting on the Services
- By mail to your billing address
Notices are deemed effective when sent (for email) or posted (for in-app/website notices).
Notices to AutoScaled must be sent to:
Email: support@autoscaled.com
Address:
AutoScaled
Dublin, Ireland
Attn: Legal Department
Notices to AutoScaled are deemed effective when received.
17.9 Language
These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict between the English version and any translation, the English version controls.
17.10 Headings
Section headings and titles are for convenience only and do not affect the interpretation or construction of these Terms.
17.11 Electronic Communications and Signatures
You consent to receive electronic communications from AutoScaled, including:
- Service-related notifications
- Billing and payment confirmations
- Marketing and promotional communications (you may opt out)
- Updates to these Terms
- Security alerts
You agree that:
- Electronic communications satisfy any legal requirement that communications be in writing
- Electronic signatures have the same legal effect as handwritten signatures
- These Terms may be executed electronically
17.12 Interpretation
In interpreting these Terms:
- "Including" means "including but not limited to"
- "Or" is not exclusive (may mean "and/or")
- Singular includes plural and vice versa
- References to "days" mean calendar days unless otherwise specified
- References to a "party" include that party's permitted successors and assigns
- Ambiguities shall not be construed against the drafting party
17.13 Survival
Provisions that by their nature should survive termination shall survive, including:
- Payment obligations
- Intellectual property provisions
- Confidentiality obligations
- Disclaimer of warranties
- Limitation of liability
- Indemnification
- Dispute resolution
- General provisions
17.14 Relationship to Other Agreements
If you have executed a separate written agreement with AutoScaled (such as an Enterprise Agreement, Master Services Agreement, or Order Form):
- These Terms apply unless expressly superseded by the separate agreement
- In case of conflict, the separate agreement controls
- These Terms serve as a fallback for matters not addressed in the separate agreement
17.15 Government Rights
If you are a government entity or using the Services on behalf of a government, the Services are "commercial computer software" and "commercial computer software documentation" as those terms are defined in applicable regulations. Use, reproduction, and disclosure are subject to the restrictions in these Terms.
17.16 Updates and Amendments
We may update these Terms from time to time. When we make changes:
- We will update the "Last Updated" date at the top
- We will notify you of material changes via email or through the Services
- Your continued use after changes take effect constitutes acceptance
- If you do not agree to changes, you must stop using the Services and may terminate your account
18. Contact Information
If you have questions about these Terms, please contact us:
General Inquiries:
Email: support@autoscaled.com
Website: https://autoscaled.com
Legal Matters:
Email: support@autoscaled.com
Privacy and Data Protection:
Email: support@autoscaled.com
Billing and Payments:
Email: support@autoscaled.com
Marketing Opt-Out:
Email: support@autoscaled.com
Mailing Address:
AutoScaled
Dublin, Ireland
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.