Terms of Use

These Terms of Use ("Terms") govern your access to and use of the website, services, and products provided by Scalemind PTY LTD ("we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.

1. Acceptance of Terms

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. We reserve the right to modify these Terms at any time, and your continued use of our services constitutes acceptance of the modified Terms.

2. Services

Scalemind provides AI consulting, automation solutions, and related professional services. Our services include but are not limited to:

• AI adoption strategy and implementation
• Custom AI-powered software development
• Rapid prototyping and proof-of-concept development
• AI automation and workflow optimization
• Fractional Chief AI Officer services

The specific scope, deliverables, and terms of each engagement will be defined in a separate service agreement or statement of work.

3. User Responsibilities

When using our services, you agree to:

• Provide accurate and complete information when requested.
• Maintain the confidentiality of any account credentials.
• Use our services only for lawful purposes and in accordance with these Terms.
• Not attempt to gain unauthorized access to our systems or networks.
• Not use our services to transmit harmful, offensive, or illegal content.
• Comply with all applicable laws and regulations.

4. Intellectual Property

All content, materials, and intellectual property on our website and in our services, including but not limited to text, graphics, logos, images, software, and code, are the property of Scalemind PTY LTD or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our services or content without our prior written consent. Custom work products and intellectual property rights will be addressed in individual service agreements.

5. Payment Terms

Payment terms for our services will be specified in individual service agreements or statements of work. General payment terms include:

• Payment is due within the timeframe specified in your invoice or agreement.
• Late payments may be subject to interest charges or suspension of services.
• All fees are exclusive of applicable taxes, which will be added to invoices as required by law.
• Refund policies will be specified in individual service agreements.

6. Confidentiality

We recognize that you may share confidential information with us during the course of our engagement. We will maintain the confidentiality of such information and will not disclose it to third parties except as required by law or as necessary to provide our services. Detailed confidentiality terms will be included in individual service agreements or non-disclosure agreements.

7. Limitation of Liability

To the fullest extent permitted by law, Scalemind PTY LTD shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, or business opportunities.
• Damages arising from your use or inability to use our services.
• Any damages exceeding the amount paid by you to us for the specific service in question.

8. Warranties and Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, error-free, or free of viruses or other harmful components. We will make reasonable efforts to deliver high-quality services but do not guarantee specific results or outcomes unless explicitly stated in a service agreement.

9. Indemnification

You agree to indemnify, defend, and hold harmless Scalemind PTY LTD, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of our services or violation of these Terms.

10. Termination

We reserve the right to terminate or suspend your access to our services at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason. Specific termination terms for ongoing engagements will be detailed in individual service agreements.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or our services shall be resolved through good faith negotiations. If negotiations fail, disputes shall be submitted to the exclusive jurisdiction of the courts of South Africa.

12. Third-Party Links and Services

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party sites. Your use of third-party services is at your own risk and subject to their terms and conditions.

13. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

15. Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Scalemind PTY LTD regarding the use of our services and supersede any prior agreements or understandings.

16. Contact Information

If you have any questions about these Terms, please contact us:

Scalemind PTY LTD
Email: hello@scalemind.info