Terms of Service
Effective 27 July 2026 · Scale With Data, LLC
1. Agreement
These Terms of Service govern your access to and use of the Pulse platform and any related services provided by Scale With Data, LLC ("Scale With Data", "we", "us"). By creating an account, signing an order form, or using the platform, you agree to these terms on behalf of the entity you represent ("Customer", "you").
If a signed order form or master services agreement exists between us, that document controls where it conflicts with these terms.
2. The service
Pulse is a sales operations and revenue verification platform. It includes dialing, messaging, customer records, workflow automation, analytics, call review, and a revenue ledger that reconciles sales against payment processor records and call recordings.
We may modify, add, or remove features. We will not materially degrade a core capability you are actively relying on without reasonable notice.
3. Accounts and access
You are responsible for the accuracy of your account information, for all activity under your account, and for the conduct of every user you grant access to. You must notify us promptly at security@scalewithdata.ai if you believe an account has been compromised.
You will not share credentials between individuals, circumvent access controls, or permit access by anyone other than your personnel and authorized contractors.
4. Fees
4.1 Revenue growth share
Unless your order form states otherwise, our primary fee is a percentage of verified revenue above an agreed baseline. The baseline is your trailing three months of cash collected, reconciled against your payment processor, measured before the platform is fully active, and recorded in writing at the start of the engagement.
Verified revenue means cash actually collected and reconciled to a payment processor, net of refunds and chargebacks. It does not include contract value, booked revenue, or amounts marked closed in a customer record but not settled.
Rates are tiered by the amount of monthly growth and are stated on your order form. In any month where verified revenue does not exceed the baseline, the growth share for that month is zero. There is no minimum and no retroactive clawback of prior months.
4.2 Usage fees
Verification is charged per verified sale at the rate on your order form. Artificial intelligence features are metered in interactions, with an included allowance and optional packs. Telephony and messaging are passed through at carrier rates without markup.
4.3 Full management
Where you engage us to manage and train the sales operation, fees are a percentage of total monthly sales rather than growth, as stated on your order form. The scope of that engagement is defined separately.
4.4 Billing and disputes
Fees are invoiced monthly in arrears and due within the period stated on your order form. If you dispute an amount in good faith, notify us within 30 days of the invoice with the specific entries in question. We will provide the underlying ledger lineage for every disputed figure. Undisputed amounts remain due.
We do not charge setup, migration, integration, or onboarding fees.
5. Your data
You own your data. That includes your customer records, sales records, call recordings, messages, and everything derived from them that identifies your business or your customers.
We process that data to provide the service, to maintain and improve reliability and security, and to produce the analytics and verification you have asked for. We do not sell it, and we do not disclose customer identifiable data to any other customer.
We may publish aggregate, anonymized platform statistics that cannot be attributed to any individual customer or reconstructed to identify one.
Where we process personal data on your behalf, you are the controller and we act as processor. Our Privacy Policy and, where applicable, a data processing addendum govern that relationship.
6. Acceptable use and telephony compliance
You are solely responsible for the legality of your outbound calling and messaging. That includes obtaining and maintaining consent, honouring do not call registries and opt out requests, respecting permitted calling hours in the recipient's jurisdiction, and complying with all applicable telephony, marketing, and recording laws.
Where the platform provides compliance features such as dialing windows, opt out handling, or recording disclosures, those are tools to assist you. They do not transfer legal responsibility to us and they do not constitute legal advice.
You will not use the platform to send unlawful, deceptive, harassing, or fraudulent communications, to upload data you do not have the right to process, to reverse engineer the platform, or to build a competing service using our confidential information.
7. Third party services
The platform integrates with third party services including payment processors, calendar providers, recording tools, advertising platforms, and communication carriers. Your use of those services is governed by their own terms. We are not responsible for their availability, accuracy, or changes to their interfaces, though we will make reasonable efforts to maintain working integrations.
8. Availability and support
We aim for continuous availability and will provide reasonable advance notice of planned maintenance where practical. Specific uptime commitments and support response targets, if any, are stated on your order form.
9. Confidentiality
Each party will protect the other's confidential information with at least the care it uses for its own, and will disclose it only to personnel who need it and are bound by equivalent obligations. This does not apply to information that is public, independently developed, or lawfully received from a third party, or to disclosures required by law.
10. Term, termination, and export
Either party may terminate for convenience on 30 days written notice unless your order form states a fixed term. Either party may terminate immediately for material breach that remains uncured 15 days after written notice.
On termination we will make your data available for export in a portable format for 30 days at no charge. After that period we will delete or anonymize it in line with our retention schedule, except where we are required to retain records by law.
Fees accrued before termination remain payable. Sections on data ownership, confidentiality, disclaimers, liability, and governing law survive.
11. Warranties and disclaimers
We warrant that we will provide the service with reasonable skill and care and in line with the documentation.
Except as expressly stated, the platform is provided as is. We do not warrant that it will be uninterrupted or error free, and we do not guarantee any particular revenue outcome, growth figure, close rate, or return. Verification and reconciliation improve the accuracy of your records, but they depend on the completeness and accuracy of the data your connected systems provide.
12. Limitation of liability
Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility.
Each party's total aggregate liability arising out of or related to these terms is limited to the total fees paid or payable by you to us in the 12 months preceding the event giving rise to the claim.
These limits do not apply to your payment obligations, to either party's breach of confidentiality, or to liability that cannot be limited under applicable law.
13. Indemnification
You will defend and indemnify us against third party claims arising from your data, your communications, your use of the platform in breach of these terms, or your failure to comply with telephony, marketing, recording, or privacy law.
We will defend and indemnify you against third party claims that the platform, used as permitted, infringes that party's intellectual property rights.
14. Governing law
These terms are governed by the laws applicable in the Emirate of Dubai and the United Arab Emirates, without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.
15. Changes
We may update these terms. For material changes we will give at least 30 days notice by email or in the platform. Continued use after the effective date constitutes acceptance. If you do not accept a material change, you may terminate before it takes effect.
16. Contact
Scale With Data, LLC · Dubai, United Arab Emirates
General: ops@scalewithdata.ai
Security: security@scalewithdata.ai
Legal: legal@scalewithdata.ai