These Terms of Service (“Terms”) govern your access to and use of https://scalexy.com (the “Site”) and the software engineering, product-development, and related services (“Services”) provided by ScaleXY Private Limited (“ScaleXY”, “we”, “us”, or “our”). The Site and Services are offered to you conditioned on your acceptance of these Terms.

By accessing the Site or engaging us for Services, you agree to be bound by these Terms. If you do not agree, you must not access the Site or engage us for Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you are authorised to do so and to bind that entity.

1. Definitions

• “Client” means the person or entity that engages us to perform Services.
• “Deliverables” means the software, code, designs, documents, or other work product we create for a Client under a signed agreement.
• “Engagement Agreement” means any separate signed statement of work, proposal, master services agreement, or contract that governs a specific engagement.
• “User” means any person who accesses or uses the Site.

2. Use of the Site

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for lawful, personal, and non-commercial informational purposes. You agree not to:

• Use the Site in any manner that violates applicable law or regulation;
• Attempt to gain unauthorised access to, interfere with, or disrupt the Site, its servers, or any networks or systems connected to it;
• Introduce viruses, malware, or any other malicious code, or scrape, copy, or reverse-engineer the Site beyond what is permitted by law;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Site;
• Use automated means to collect data from the Site without our prior written consent.

3. Services

Any Services are governed primarily by a separate Engagement Agreement signed between us and the Client. In the event of any conflict between these Terms and an Engagement Agreement, the Engagement Agreement controls with respect to that engagement. The Site describes our capabilities and offerings but does not constitute an offer, quotation, or commitment to deliver any particular Services at any particular price.

4. Engagements, Fees, and Deliverables

• Fees, milestones, timelines, acceptance criteria, and payment terms for any Services are set out in the relevant Engagement Agreement.
• Unless otherwise stated in the Engagement Agreement, invoices are due and payable on the dates specified, and we may suspend or pause work on any engagement while any undisputed invoice remains overdue.
• Estimates, timelines, and budgets provided before an Engagement Agreement is signed are indicative only and are not commitments.
• Intellectual-property ownership, licence grants, and assignment of Deliverables are governed by the Engagement Agreement.

5. Intellectual Property

The Site and its original content, features, branding, and functionality — including but not limited to text, graphics, logos, source code, and software — are owned by ScaleXY, its licensors, or its Clients, and are protected by copyright, trademark, and other laws of India and other jurisdictions. Nothing on the Site should be construed as granting any licence to any of our trademarks, service marks, or proprietary methodologies except as expressly stated in an Engagement Agreement.

6. Third-Party Content and Links

The Site may contain links to or reference third-party websites, libraries, or services that we do not control or endorse. We are not responsible for the accuracy, availability, or content of any third-party material, and your use of any third-party service is at your own risk and subject to its own terms.

7. Disclaimer of Warranties

Except to the extent expressly set out in an Engagement Agreement, the Site is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, ScaleXY disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of harmful components, or that any information on it is accurate, complete, or current.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall ScaleXY, its directors, officers, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, business, or goodwill, arising out of or in connection with your access to or use of the Site or the Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to the Site (apart from any Services governed by an Engagement Agreement) shall not exceed the amount, if any, you have paid us to access the Site in the twelve (12) months preceding the event giving rise to the claim.

9. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless ScaleXY, its affiliates, and their respective directors, officers, and employees from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of your breach of these Terms or your misuse of the Site.

10. Confidentiality

We treat information you share with us as confidential in accordance with our Privacy Policy and any confidentiality or non-disclosure provisions contained in an Engagement Agreement. Where an Engagement Agreement exists, its confidentiality terms control.

11. Dispute Resolution — Binding Arbitration

Mandatory binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services (including their validity, formation, interpretation, breach, or termination) shall be finally resolved by binding arbitration administered in Kochi, Kerala, India, in accordance with the Arbitration and Conciliation Act, 1996 of India. This clause is binding on the parties and constitutes an agreement to arbitrate.

• The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement of the parties, or, failing such agreement within thirty (30) days, by a person nominated in accordance with the Arbitration and Conciliation Act, 1996.
• The seat and venue of arbitration shall be Kochi, Kerala, India.
• The language of the arbitration shall be English, and the proceedings shall be confidential.
• The arbitral award shall be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.

Jurisdiction. Notwithstanding the foregoing, the courts at Kochi, Kerala, India shall have exclusive jurisdiction in respect of any application for interim relief, enforcement of an arbitral award, or any matter that is not arbitrable, and each party submits to the exclusive jurisdiction of those courts for such purposes.

12. Governing Law

These Terms and any dispute not subject to the arbitration clause above shall be governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles.

13. Changes to These Terms

We may revise these Terms at any time by updating this page. Changes are effective immediately upon posting. Your continued use of the Site after any change constitutes your acceptance of the revised Terms. The “Last updated” date above indicates when these Terms were last revised.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, severed, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement between you and ScaleXY with respect to the Site and supersede all prior or contemporaneous understandings regarding the Site. With respect to any Services, the applicable Engagement Agreement governs and controls.

16. Contact Us

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

• ScaleXY Private Limited
• 39/4209, Rajagiri, Ravipuram, M.G. Road, Cochin - 682016, Kerala, India
• Email: ping@scalexy.com
• Phone: +91 9633 566 466

© 2019–2026 ScaleXY Private Limited. All rights reserved.