Terms of Service

1. Who we are

This website and our services are provided by the company below (“ScaleUp2Sell”, “we”, “us”). ScaleUp2Sell is a brand of SIA ScaleUp. You can reach us at any time using these contact details.

SIA ScaleUp
Registration number: 40203791621
VAT number: LV40203791621
Registered address: Indrānu iela 4-20, Rīga, LV-1012, Latvia
Email: [email protected]

2. Who these terms are for

These terms apply to everyone who uses the website or has an account (“you”). We work with businesses and with private individuals. Where a rule applies only to one of them we say so: a consumer is a private individual acting outside their trade, business or profession; a business client is everyone else. Nothing in these terms limits the rights consumers have under mandatory law.

3. Your account

• You must be at least 18 years old and give accurate information. You confirm your email address with a code we send you.
• Keep your login details confidential; you are responsible for activity under your account.
• If you register on behalf of a company, you confirm that you are authorised to act for it.
• You can delete your account at any time in your account settings. An account with no sign-in for 12 months is deleted after we warn you by email 30 days before (not while you are a client with a running contract).
• We may suspend or close accounts that breach these terms, after notifying you where reasonable.

4. Free features

Creating an account, sending requests, completing the survey, booking a discovery meeting, using the email designer and exploring the Products page are free and non-binding. A demo workflow is an illustration of how an automation could work, prepared from the information you give us; it is not a promise that a final automation will behave the same way.

5. AI assistants

• The request chat, the email design assistant and “Generate similar designs” are AI assistants. Their answers can be incomplete or wrong; check anything important. They do not make binding statements about prices, dates or what can be built: only a person at ScaleUp2Sell or your contract does.
• Each account has daily limits on AI use. When a limit is reached, your request is still sent to our team without the assistant, or you can continue the next day.
• Please do not share personal details of other people, such as your customers’ names or emails, with an assistant: describe the situation instead. How AI processing works is in our Privacy Policy.

6. Email designer

You can design an email template and send test emails from it. Until you are a client, test emails go only to your own email address. You are responsible for the text, images and links you add, and for having the right to use them; do not upload anything unlawful or that infringes someone else’s rights.

7. Paid services

7.1 How a contract is made

A paid project starts only with a written contract between you and us, which sets out the deliverables, acceptance criteria, timeline, price, hosting, support and payment schedule (the “contract”). It is concluded when both sides sign it or accept it in writing, which can be by email, and we confirm it to you by email with these terms attached. These terms apply to every contract; if the contract says something different, the contract prevails.

7.2 Delivery guarantee

When the work is done, we check the result against the acceptance criteria together with you. If agreed deliverables are not met, you choose either a refund of what you paid for the deliverables that were not met, or a renegotiation of scope, timeline or price. Details are on our Refunds and withdrawal page.

7.3 Hosting

You choose where your automation runs: on our own servers in Rīga, Latvia (Unijas iela 8c), run by us, or on web hosting in the EU that we set up for you. The contract states which, and what happens to the automation and its data if the contract ends.

7.4 Prices and payment

• Prices are in euro. For business clients, VAT is added where it applies; prices shown to consumers include VAT.
• We invoice as set out in the contract. Invoices are paid by bank transfer within 14 days unless the contract says otherwise.
• If a business client pays late, statutory late-payment interest applies, and after a written reminder with at least 14 days’ notice we may pause work or a hosted automation until the invoice is paid.

8. Who owns what

• Your data stays yours. The emails, documents and other data you or your customers give us, and everything the automation produces from them, belong to you.
• Licence to your automation. Once it is paid for, you receive a non-exclusive, non-transferable licence to use the automation we built for you in your own business, for as long as set out in the contract (for a one-off project: without time limit). You may not resell or sublicense it to others.
• Our building blocks. We keep ownership of our software, the reusable building blocks, prompts and know-how an automation is made of, and may use them in other work. We never reuse your data, your confidential information or anything specific to your business.
• Products page. When a finished automation is built from building blocks that other businesses could use, we may describe that type of automation in general terms on our Products page. It never names you and contains none of your data or confidential information.
• The website, its design, text and the ScaleUp2Sell name and logo belong to us or our licensors.

9. Personal data in your automation

When we build or run an automation that handles personal data on your behalf (for example your customers’ emails), you are the controller and we are your processor. A data processing agreement (Art. 28 GDPR) is part of every such contract. It lists the subprocessors we use, which are also on our Subprocessors page. You remain responsible for having a lawful basis for the processing and for informing the people concerned, including that they are dealing with an AI system where the EU Artificial Intelligence Act requires it. We will help you set this up.

10. Confidentiality

We keep your business information confidential and use it only to work with you. We expect the same for any non-public information we share with you, such as offers, prices and technical documentation. This continues after the contract ends.

11. Acceptable use

You must not:

• use the website or our services for anything unlawful, fraudulent or harmful;
• submit content that infringes others’ rights, or personal data you are not entitled to share;
• try to make the AI assistants do something other than their purpose, or to get around their usage limits;
• attempt to gain unauthorised access to our systems or other users’ accounts, or disrupt the website;
• use automated tools to scrape the website or create accounts in bulk.

12. Reporting illegal content

If you find content on our services that you believe is illegal, such as an image uploaded to the email designer, tell us at [email protected] with the exact address (URL) of the content, why you believe it is illegal, and your name and email (unless the report concerns child sexual abuse material, which can be reported anonymously). We confirm receipt, review the report carefully and without undue delay, and tell you what we decided. If we remove or restrict content you provided, we tell you why and how you can object. This is how we meet the EU Digital Services Act; our contact point for authorities and users is listed in the Legal notice.

13. Availability

We work to keep the website available but cannot guarantee uninterrupted access. We may change or discontinue free features, and will give reasonable notice of material changes where possible. Availability and support for a hosted automation are set out in its contract.

14. Liability

• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, for intentional or grossly negligent conduct, or any other liability that cannot be limited by law. Consumers’ statutory rights are not affected.
• For the free features of this website, we are liable only for damage caused intentionally or through gross negligence.
• For paid services, our total liability is limited to the amount set out in the contract, and we are not liable for indirect loss such as lost profit or lost business, except where the law does not allow this to be limited.

15. Ending the relationship

You can stop using the website and delete your account at any time. How a contract ends, and what happens to your automation and its data then, is set out in the contract. We may end access for serious or repeated breaches of these terms after giving notice where reasonable.

16. Changes to these terms

We may update these terms. The date at the top shows the latest version. If a change materially affects registered users, we will notify you by email before it takes effect. A signed contract changes only by agreement of both sides.

17. Governing law and disputes

These terms and every contract are governed by the laws of the Republic of Latvia. Disputes with business clients are decided by the courts of Latvia. If you are a consumer living in another EU country, you also keep the protection of the mandatory consumer law of your country of residence and may go to the courts there.

Please contact us first so we can try to resolve any complaint. Consumers may also turn to the Consumer Rights Protection Centre of Latvia (PTAC), including its consumer dispute resolution commission.