Terms of Service

Effective Date: February 14, 2026

Last updated: February 19, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Services provided by Scale Media AI ("Company", "we", "us", "our") to you ("Client", "Customer", "you", "your").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using our Services. These Terms apply to all visitors, users, and others who access or use the Service.

2. Definitions

  • "Account" means the user profile required to access the Services, created by registering at app.scalemedia.ai.
  • "Anti-Styles" means the visual patterns, aesthetics, or design directions you explicitly reject during the Visual Calibration process, which the AI avoids when generating Content for your Brand.
  • "Brand" means your trademark, visual identity, and associated brand profile data submitted for use with the Services.
  • "Brand Brain" means the structured AI profile generated by the Taste Intelligence Engine from your onboarding inputs — including your visual preferences, tone of voice, anti-styles, and strategic direction — used to personalize all Content created for your Account.
  • "Content" means all materials — including text, images, captions, hashtags, and social media posts — generated through the Services.
  • "Credits" means the virtual units enabling you to generate Content, refine outputs, and access certain premium features.
  • "Director Overrides" means the optional advanced settings you may configure during onboarding — including template locks, font preferences, overlay rules, shot types, and call-to-action rules — to further customize AI-generated Content.
  • "Service" or "Services" means Scale Media AI's AI-powered content creation and social media management platform, including the Taste Intelligence Engine, Brand Brain, and all related features.
  • "Subscription" means your enrollment and agreement to pay fees for ongoing access to the Services.
  • "Subscription Plan" means the specific plan level you subscribe to (e.g., Free, Creator, or Growth).
  • "Taste Intelligence Engine" means the proprietary AI system that analyzes your Visual Calibration responses, brand data, and aesthetic preferences to build your Brand Brain.
  • "Visual Calibration" means the onboarding process where you swipe through curated visual pairs to teach the AI your unique aesthetic taste, preferred styles, and design sensibilities.

3. Description of Service

Scale Media AI is an AI-powered content creation and publishing platform that generates social media posts, images, and captions tailored to your unique brand identity. The Service operates through three core stages:

3.1 Sign Up & Calibrate

During onboarding you provide your brand basics (business name, website, industry), then complete Visual Calibration by swiping through curated visual pairs to teach our AI your aesthetic preferences. You may also select Anti-Styles (directions to avoid), upload reference assets, configure platform-specific preferences for Facebook, Instagram, X (Twitter), Threads, and LinkedIn, and set Director Overrides for templates, fonts, overlays, and shot types.

3.2 AI Learns Your DNA

Our Taste Intelligence Engine processes your calibration responses, brand data, anti-styles, and strategic inputs to build a structured Brand Brain — a personalized AI profile that captures your visual identity, voice, and content strategy.

3.3 Generate & Publish

Using your Brand Brain, the Service generates scroll-stopping posts — including AI-written captions, AI-generated images, hashtags, and optimal posting times — tailored to each connected social media platform. You may review, refine, schedule, and publish content directly from the dashboard.

Service Delivery. Services are deemed delivered upon providing access credentials, regardless of actual usage.

4. Account Registration

  • You must provide accurate, complete, and current information during registration.
  • You are responsible for maintaining the confidentiality of your Account credentials and for all activities conducted under your Account.
  • You must be at least 16 years of age to use the Service.
  • You may not create more than one account per person.
  • You must notify us immediately of any unauthorized use of your account by emailing info@scalemedia.ai.
  • We reserve the right to delete any Account if its veracity is suspected or if it could violate any of our rules of use.

5. Access & Use Restrictions

5.1 Grant of Rights

We grant you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services during your Subscription period solely for your internal business purposes and in accordance with these Terms.

5.2 Restrictions

You shall not, and shall not permit any third party to:

  • Copy, reproduce, modify, distribute, or reverse-engineer the Services.
  • Use the Services for any illegal, fraudulent, or unauthorized purpose.
  • Upload, generate, or distribute content that violates any applicable law or third-party rights.
  • Generate, publish, or distribute content that is harmful, defamatory, obscene, or that infringes on the rights of others.
  • Impersonate any person or entity, or misrepresent your affiliation.
  • Distribute spam, chain letters, or unsolicited commercial messages.
  • Attempt to gain unauthorized access to the Services or related systems.
  • Resell, sublicense, or otherwise make the Services available to third parties without prior written consent.
  • Use automated systems (bots, scrapers) to access the Service beyond normal use.
  • Circumvent rate limits, credit systems, or other usage restrictions.

5.3 Enforcement

We reserve the right, at our sole discretion, to suspend, restrict, or permanently terminate any Account at any time and without prior notice if we determine that content or usage violates these Terms, applicable laws, or our content policies. Such enforcement actions may be taken immediately and without liability to you.

6. Subscriptions & Billing

6.1 Plans & Pricing

The Service is offered on a subscription basis. Current pricing is displayed on our pricing page. We reserve the right to modify pricing with 30 days' advance notice to existing subscribers.

6.2 Billing Cycles

  • Monthly plans: Billed monthly in advance.
  • Annual plans: Billed annually in advance at a discounted rate.
  • Subscriptions renew automatically unless cancelled.

6.3 Free Trial

New accounts receive a 3-day free trial. A valid credit card is required to start the trial. The trial includes 10 AI-Crafted Posts and 10 AI Refinement Credits. You will not be charged during the trial period. After the trial, you will need to subscribe to a paid plan to continue using the Service. If you cancel before the trial ends, no charge will be applied.

6.4 Payment Processing

All payments are processed securely through Stripe, Inc. By providing payment information, you authorize us to charge the applicable fees to your payment method. You must provide accurate billing information. All amounts are in EUR and exclude applicable taxes (VAT).

6.5 Cancellation

  • You may cancel your subscription at any time from your account settings.
  • Cancellation takes effect at the end of the current billing period. You retain access until then.
  • No partial refunds for unused time (except as provided in Section 6.6).
  • If you cancel during the free trial, you will not be charged.

6.6 Refund Policy

  • A full refund is available within 14 days of subscription purchase date.
  • Eligibility: You must not have created more than 10 content pieces (posts or images) during that period.
  • Refund requests must be sent to info@scalemedia.ai.
  • No refunds after 14 days or after exceeding the content creation threshold.

6.7 Promotional Pricing & Discounts

Any discount, promotional code, or reduced pricing applied at checkout applies only to the first billing cycle unless explicitly stated otherwise at the time of purchase. After the initial discounted period, your Subscription will automatically renew at the then-current standard rate for your Subscription Plan as displayed on our pricing page. By completing your purchase with a promotional discount, you acknowledge and agree to this pricing structure.

7. Credits & Usage Limits

  • Certain features consume credits (e.g., AI content generation, image refinement).
  • Your plan includes a monthly credit allocation.
  • Unused credits do not roll over between billing periods.
  • If you exceed the limits of your current plan, you must upgrade to a higher plan.
  • We reserve the right to adjust credit allocations with notice.

8. Intellectual Property

8.1 Our Platform

All Services, including software, algorithms, user interface, design, documentation, and platform elements, remain our exclusive property and are protected by copyright, trademark, and other applicable laws. You may not copy, adapt, reproduce, distribute, reverse-engineer, decompile, or disassemble any part of the Service.

8.2 Your Content

You retain ownership of all content you provide to the Service (e.g., brand data, logos, uploaded media). You grant us a limited, non-exclusive license to use this content solely for the purpose of providing the Services to you.

8.3 AI-Generated Content

Content generated by our AI (posts, images, captions) is provided to you for your use, subject to the non-exclusivity provision below. You are responsible for reviewing all AI-generated content before publishing. We do not claim ownership of AI-generated output created for your account.

8.4 Non-Exclusivity of AI Output

Due to the nature of AI, Content may not be unique. Similar or identical results may be generated for other users. You acknowledge that the AI models powering the Service learn from general data patterns and may produce overlapping outputs for different users with similar brand profiles or prompts.

9. Third-Party Integrations

The Service integrates with third-party platforms (e.g., Facebook, Instagram, LinkedIn, X). Your use of these platforms is governed by their respective terms of service. We are not responsible for the actions, content, or data practices of third-party platforms. Connection and publishing are provided on an "as available" basis and may be affected by changes to third-party APIs.

10. AI-Generated Content — Full Disclaimer

You explicitly acknowledge and agree that:

  • AI-generated content is produced by third-party machine-learning models and may contain factual errors, inaccuracies, misleading statements, biased language, hallucinated information, or unintended outputs.
  • AI-generated images may inadvertently resemble real people, existing copyrighted works, trademarks, or other protected material.
  • You are solely and exclusively responsible for reviewing, editing, fact-checking, and approving all AI-generated content before publishing, distributing, or using it in any manner.
  • Scale Media AI does not guarantee the accuracy, originality, legality, non-infringement, or fitness for any purpose of any AI-generated content.
  • Scale Media AI bears no responsibility and accepts no liability whatsoever for any consequences arising from the publication, distribution, or use of AI-generated content, including but not limited to: claims of defamation, libel, or slander; intellectual property infringement; regulatory or compliance violations; reputational damage; loss of revenue; fines or penalties imposed by any authority; or any other direct, indirect, or consequential damages.
  • Any reliance on AI-generated content is entirely at your own risk.
  • You are responsible for ensuring that all content published through the Service complies with the terms of service of the destination social media platforms and all applicable laws and regulations.

11. No Professional Advice

The Service is a content automation tool. Nothing provided by or through the Service — including AI-generated text, images, captions, hashtags, posting suggestions, scheduling recommendations, or any other output — constitutes:

  • Professional marketing, advertising, or business advice.
  • Legal, financial, tax, or accounting advice.
  • Medical, psychological, or health-related advice.
  • A guarantee of any specific business outcome, engagement level, follower growth, revenue increase, or return on investment.

You should not rely on AI-generated content as a substitute for professional judgment. Any business decisions you make based on content created through the Service are made entirely at your own discretion and risk. We strongly recommend consulting qualified professionals for marketing strategy, legal compliance, and financial decisions.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event shall Scale Media AI, its directors, employees, partners, agents, suppliers, or affiliates be liable for:

  • Any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind.
  • Loss of profits, revenue, business opportunities, data, use, goodwill, or other intangible losses.
  • The cost of procurement of substitute goods, services, or technology.
  • Any unauthorized access to, alteration of, or deletion of your data or transmissions.
  • Any content generated, published, or distributed by you using the Service.
  • Statements, conduct, or actions of any third party on or related to the Service.
  • Any failure or delay in the Service caused by events outside our reasonable control.
  • Any interaction between you and any third-party platform connected through the Service.
  • Any damages arising from the use of or inability to use the Service, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory.

IN ANY CASE, OUR TOTAL AGGREGATE LIABILITY for all claims arising from or related to the Service shall not exceed the total amount actually paid by you to Scale Media AI in the six (6) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you in their entirety. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

We specifically disclaim all implied warranties, including but not limited to:

  • Warranties of merchantability and fitness for a particular purpose.
  • Warranties of non-infringement or that the Service will not violate any third-party rights.
  • Warranties that the Service will be uninterrupted, timely, secure, or error-free.
  • Warranties regarding the accuracy, reliability, or completeness of any content generated by or available through the Service.
  • Warranties that the Service will meet your requirements or expectations.
  • Warranties that defects will be corrected or that the Service is free of viruses or other harmful components.

We do not guarantee that the Services will be uninterrupted, secure, error-free, or that defects will be corrected. No advice or information, whether oral or written, obtained from Scale Media AI or through the Service shall create any warranty not expressly stated in these Terms.

14. Beta / Early Stage Service

You acknowledge and agree that the Service is in an early stage of development. As such:

  • Features, functionality, user interface, integrations, and workflows may change significantly or be removed entirely without prior notice.
  • The Service may contain bugs, errors, incomplete features, or unexpected behavior that could affect content quality, scheduling, or publishing.
  • No uptime guarantee or service level agreement (SLA) is provided. The Service may experience interruptions, downtime, or degraded performance at any time.
  • AI model outputs may vary in quality, consistency, and reliability as we iterate and improve the underlying systems.
  • Data formats, APIs, integrations, and export capabilities may change between updates.
  • We may discontinue, replace, or fundamentally redesign any aspect of the Service at our sole discretion.

By using the Service, you accept these inherent risks associated with an early-stage product and agree that Scale Media AI shall not be liable for any losses, damages, or inconvenience resulting from changes to, instability of, or discontinuation of the Service or any of its features.

15. Indemnification

You agree to defend, indemnify, and hold harmless Scale Media AI, its affiliates, subsidiaries, licensors, and their respective directors, officers, employees, contractors, agents, and representatives (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your access to or use of the Service.
  • Any content you generate, publish, distribute, or share through the Service, including AI-generated content that you have approved or posted.
  • Your violation of these Terms or any applicable law, rule, or regulation.
  • Your violation, misappropriation, or infringement of any rights of a third party, including intellectual property, privacy, or publicity rights.
  • Any dispute between you and any third party related to your use of the Service.
  • Any misrepresentation made by you.

This indemnification obligation will survive the termination of your account and these Terms.

16. Assumption of Risk

You expressly acknowledge and agree that your use of the Service is at your sole risk. You assume all risks associated with the use of the Service, including but not limited to: the risk of errors in AI-generated content; the risk that content may not perform as expected on social media platforms; the risk of account suspension or penalty by third-party platforms due to content posted through the Service; and the risk of loss of data.

17. Confidentiality

Each party shall maintain the confidentiality of the other party's Confidential Information using reasonable care and shall not disclose it to third parties without prior written consent. "Confidential Information" includes, but is not limited to, business plans, brand strategies, creative outputs, account data, proprietary technology, pricing information, and any information designated as confidential. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

18. Data Privacy

  • Data Use. We process your data solely to provide the Services, as detailed in our Privacy Policy.
  • Data Security. We implement industry-standard security measures to protect your data.
  • GDPR Compliance. We comply with applicable data protection laws including the General Data Protection Regulation (GDPR).

19. Account Suspension & Termination

19.1 By You

You may terminate at any time subject to the cancellation requirements in Section 6.5. You may also request account deletion at any time through account settings.

19.2 By Us

We may suspend or terminate your access for:

  • Breach of these Terms.
  • Non-payment of subscription fees.
  • Illegal or harmful use of the Service.
  • Violation of third-party rights.

19.3 Effects of Termination

  • Suspended accounts may lose access to the Service but data is retained.
  • Terminated accounts enter a 30-day grace period before permanent data deletion.
  • See our Privacy Policy for details on data retention.

20. Modifications to the Service

We reserve the right, at any time and in our sole discretion, to modify, update, suspend, or discontinue any part of the Services, including features, functionality, integrations, user interface, pricing, subscription plans, payment structures, and credit systems. Such modifications may include changes to the way credits are earned, used, allocated, or limited. Continued use of the Services after such changes constitutes acceptance of the updated Services.

21. Force Majeure

Neither party shall be liable for any failure or delay in performance resulting from causes beyond reasonable control, including but not limited to: acts of God; natural disasters; pandemic or epidemic; war, terrorism, or civil unrest; government orders or sanctions; power outages; internet or telecommunications failures; denial-of-service attacks; labor disputes; or any other cause beyond reasonable control.

21.1 AI Provider & Third-Party Service Disruptions

Without limiting the generality of the foregoing, the following events are expressly included as Force Majeure events for which Scale Media AI bears no liability:

  • AI Model Provider Outages — Downtime, degradation, rate limiting, or discontinuation of third-party AI services (including but not limited to Google Gemini, OpenAI, or any successor models) that power content or image generation.
  • Model Changes — Changes to AI model behavior, capabilities, safety filters, content policies, or output quality made by third-party AI providers that affect the quality, style, or availability of AI-generated content.
  • Social Media API Changes — Modifications, restrictions, deprecations, or discontinuation of APIs provided by Facebook, Instagram, LinkedIn, X (Twitter), Threads, or any other social media platform.
  • Infrastructure Provider Failures — Outages or disruptions of cloud hosting providers (including Supabase, Vercel, AWS, and related services).
  • Payment Processor Issues — Outages or processing failures at Stripe or any successor payment processor.

In the event of any Force Majeure event, our obligations under these Terms are suspended for the duration of the event. We will use commercially reasonable efforts to resume performance as soon as practicable, but we make no guarantee of any specific recovery timeline.

22. General Provisions

22.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Scale Media AI regarding the Services and supersede all prior agreements and understandings.

22.2 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, or sale of assets.

22.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

22.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the European Union and the applicable national laws of the jurisdiction where Scale Media AI is established. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the competent courts in that jurisdiction.

22.5 Changes to These Terms

We may update these Terms with 30 days' notice. Material changes will be communicated via email or a prominent notice on the Service. Continued use after changes constitutes acceptance.

23. Contact Information

For questions about these Terms, contact us at:

Scale Media AI

Email: info@scalemedia.ai

Website: scalemedia.ai