Terms of Service

Welcome to Skala. Skala is a product of AFFLUENT DIGITAL L.L.C-FZ, a Free Zone limited liability company registered in the United Arab Emirates (the “Company”). These Terms of Service (the “Terms”) form a binding agreement between you (“you”, “Customer”) and the Company (“Skala”, “we”, “us”, or “our”), governing your access to and use of our website (skala.so) and our services. By accessing the website, booking a strategy call, signing an order form, or otherwise using the services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the services.

1. The Services

Skala is a relevance-first outbound engine for B2B companies. Our services (the “Services”) may include, depending on the package you purchase:

• Setup, warm-up, monitoring, and rotation of dedicated sender domains and mailboxes (managed email infrastructure).
• Construction and verification of targeted prospect lists, including data sourcing, enrichment, and validation.
• Drafting and iteration of outbound copy and sequences using the Skala methodology.
• Sending of email sequences on your behalf and forwarding of replies for your team to handle.
• Reporting, strategy calls, and ongoing campaign optimization.

The exact scope, deliverables, sending volume, and duration of the engagement are described on our pricing page and confirmed in the order form, proposal, statement of work, or invoice you accept (the “Order”). In the event of any conflict, the Order prevails over these Terms for the specific commercial points covered.

2. Eligibility and Customer Account

The Services are intended for businesses and the persons authorized to act on their behalf. By using the Services you represent that (i) you are at least 18 years old, (ii) you have the authority to bind the entity you represent, and (iii) the information you provide is accurate and up to date.

3. Customer Responsibilities and Acceptable Use

Outbound email is regulated. You are the sender and the controller of the campaigns Skala operates on your behalf, and you are solely responsible for the lawfulness of your campaigns and offer. You agree that you will not, and will not instruct Skala to:

• Send communications that are misleading, fraudulent, deceptive, or that misrepresent your identity, sender, subject line, or business.
• Promote illegal goods or services, adult content, gambling (where prohibited), weapons, malware, multi-level marketing schemes, or any content prohibited by applicable law.
• Target recipients in jurisdictions or audiences for which you do not have a lawful basis to send commercial communications, including (without limitation) the requirements of CAN-SPAM (US), the Telephone Consumer Protection Act (TCPA, US), CASL (Canada), GDPR / ePrivacy (EU/EEA), UK GDPR / PECR (United Kingdom), the UAE Federal Decree-Law No. 34 of 2021 on Combating Rumors and Cybercrimes, the UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (“PDPL”) and the UAE TDRA Spam regulations.
• Use harvested, scraped, purchased, or otherwise unverified contact lists that you cannot demonstrate a lawful basis to contact.
• Attempt to bypass unsubscribe requests, suppression lists, or recipient opt-outs.
• Use the Services to attack, probe, reverse engineer, or interfere with any third-party system, mailbox, or infrastructure.

You will provide accurate company and offer information, honor unsubscribe requests promptly, and indemnify Skala for any claim, fine, blacklisting, or damage arising from your breach of this Section 3. We may suspend or terminate the Services immediately, without refund, if we reasonably believe a campaign violates this section or exposes our infrastructure to abuse.

4. Authorization to Operate Email Infrastructure

To deliver the Services, Skala needs to set up and operate sender infrastructure on your behalf. You hereby appoint Skala as your authorized representative for the limited technical purposes of:

• Registering and renewing dedicated sending domains (and any related DNS records) on your behalf or in our name and assigning them to your campaigns.
• Creating, configuring, warming up, monitoring, suspending, and rotating mailboxes on email service providers (e.g. Google Workspace, Microsoft 365) and using the credentials you supply to access those mailboxes for the operation of the campaigns.
• Connecting to email service providers, deliverability, and CRM tools using API keys, OAuth tokens, or other credentials you provide.
• Sending, throttling, scheduling, pausing, or stopping email sequences on your behalf in line with the Order.
• Submitting any registrations, attestations, or filings reasonably required by sending platforms in connection with the foregoing.

This authorization is limited to what is reasonably necessary to provide the Services and does not allow Skala to bind you to any financial obligation beyond the Order. You represent that you have full legal authority to grant this authorization and that the credentials you provide are valid and unrevoked. Skala may present this Section 4 to any third-party platform as evidence of its authority and you agree to execute, within five (5) business days of our reasonable written request, any additional documentation required by a platform (including a Letter of Authorization).

5. AI-Assisted Outputs

Skala may use third-party large language models and generative tools to draft, edit, or iterate on outbound copy, subject lines, sequences, prospect lists, and reporting. Such tools can produce inaccurate, incomplete, or otherwise undesirable outputs. You acknowledge and agree that:

• You remain the controller and sender of your campaigns and are solely responsible for reviewing, approving, and signing off on the messages and lists Skala produces before they are sent.
• Any forecast, benchmark, or output generated with the assistance of AI is illustrative only and does not constitute a contractual commitment.
• Skala will not knowingly use Customer Data to train third-party AI models for the benefit of unrelated parties; vendor model improvement settings are configured to opt out where the vendor offers that option.

6. Skala’s Role and No Guarantee of Results

Skala provides the Services as a specialized service provider. We will use commercially reasonable efforts and industry best practices to deliver the Services described in your Order. However, outbound campaigns depend on many factors outside of our control, including your offer, market, ICP, brand, response handling, and recipient behavior. We do not guarantee any specific number of replies, meetings, opportunities, deliverability rate, open rate, revenue, or other commercial outcome. Any forecast, benchmark, or case study shared with you is illustrative only and not a contractual commitment.

7. Fees, Payment, and Refunds

Fees, billing cycle, and minimum commitment are set out in your Order. Unless agreed otherwise in writing:

• Fees are payable in advance for each billing period and are non-refundable, including pro-rata for unused days, due to the upfront infrastructure, list, and copywriting work performed at the start of each cycle.
• If you fail to pay any undisputed amount when due, we may, without limiting our other rights and remedies: (i) suspend the Services until the balance is paid in full, (ii) charge interest at the rate of 1.5% per month (or the highest rate permitted by applicable law, if lower) on the past-due amount from the due date until paid, and (iii) recover reasonable collection costs (including legal fees).
• All fees are exclusive of VAT and any other applicable taxes, which will be added where required (including UAE VAT where applicable).
• Pricing may be updated for renewal periods upon prior written notice.

8. Term, Cancellation, and Suspension

Engagements run for the term stated in your Order and renew automatically for successive periods of equal length unless cancelled in writing at least fifteen (15) days before the end of the current period. We may suspend or terminate the Services immediately if you (i) breach these Terms or any Order, (ii) fail to pay invoices when due, or (iii) put our infrastructure or reputation at risk. Termination does not relieve you of fees already accrued.

9. Intellectual Property

The Skala name, brand, website, methodology, playbooks, templates, dashboards, and all related materials are the exclusive property of Skala and its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Services and outputs solely for your own internal business use during the term. You retain ownership of the materials you provide to us (your brand, product information, prospect lists you supply). You grant Skala a worldwide, royalty-free license to use such materials for the sole purpose of providing the Services.

10. Confidentiality

Each party will treat the other party’s non-public information as confidential, use it only to perform or receive the Services, and protect it with at least the same care it uses for its own confidential information.

11. Privacy and Data Protection

Our processing of personal data is described in our Privacy Policy. Where Skala processes personal data on your behalf to operate campaigns (e.g. prospect data you provide or that we source for you), we act as a processor and you act as the controller. You are responsible for the lawful basis for the processing and for honoring data subject requests, with our reasonable cooperation. A separate Data Processing Agreement (“DPA”) is available on request and will be entered into where required by applicable law.

12. Third-Party Services

The Services rely on third-party providers (e.g. email service providers, domain registrars, scheduling tools such as Cal.com, data enrichment vendors). Their availability, terms, and pricing may change. We are not liable for outages, policy changes, or actions taken by such third parties.

13. Force Majeure

Neither party will be deemed in breach of these Terms, nor liable for any failure or delay in performance (other than the obligation to make payments when due), if and to the extent such failure or delay is caused by events beyond its reasonable control, including acts of God, fire, flood, earthquake, pandemic, war, terrorism, civil unrest, strikes, internet or telecommunications failures, denial-of-service attacks, or actions of governmental authorities (each a “Force Majeure Event”). The affected party will notify the other party promptly and use reasonable efforts to mitigate the impact and resume performance.

14. Disclaimers

To the maximum extent permitted by applicable law, the Services and the website are provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uninterrupted operation, or that any specific deliverability, engagement, or revenue outcome will be achieved.

15. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Skala, its directors, employees, contractors, partners, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, business opportunity, or reputation, arising out of or relating to the Services. Skala’s aggregate liability under these Terms will not exceed the fees actually paid by you to Skala for the Services in the three (3) months immediately preceding the event giving rise to the liability. Nothing in these Terms limits liability that cannot be excluded under applicable law.

16. Indemnification

You will defend, indemnify, and hold harmless Skala and its personnel from and against any third-party claims, liabilities, damages, fines, and reasonable expenses (including legal fees) arising out of or related to (i) your offer, products, or campaigns, (ii) the prospect data you provide or instruct us to use, (iii) your breach of these Terms, or (iv) your violation of any applicable law, including anti-spam, consumer-protection, and data-protection laws.

17. Changes to the Services or Terms

We may modify the Services and update these Terms from time to time. The updated version will be posted on this page with a new “Last updated” date. Material changes will be notified to active customers by email. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

18. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them are governed by and construed in accordance with the laws of the United Arab Emirates and, to the extent applicable, the laws of the Emirate in which Skala is registered. Before initiating any legal proceeding, the parties agree to attempt in good faith to resolve any dispute through informal negotiations for a period of at least thirty (30) daysfrom written notice of the dispute. If the dispute is not resolved within that period, the parties submit to the exclusive jurisdiction of the competent courts of the United Arab Emirates, without prejudice to any mandatory consumer-protection rights you may have in your country of residence and without prejudice to either party’s right to seek injunctive or equitable relief in any court of competent jurisdiction.

19. Survival

Sections that by their nature are intended to survive termination will do so, including (without limitation) Sections 3 (Customer Responsibilities), 7 (Fees, Payment, and Refunds, with respect to amounts already accrued), 9 (Intellectual Property), 10 (Confidentiality), 11 (Privacy and Data Protection), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 18 (Governing Law and Dispute Resolution), and this Section 19.

20. Miscellaneous

If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the Order and the documents referenced in them, constitute the entire agreement between the parties.

21. Contact

Skala is operated by AFFLUENT DIGITAL L.L.C-FZ, a Free Zone limited liability company registered in the United Arab Emirates. If you have any questions about these Terms or need our registered company details for a contract or invoice, please contact us at:

AFFLUENT DIGITAL L.L.C-FZ
Meydan Grandstand, 6th floor, Meydan Road
Nad Al Sheba, Dubai
United Arab Emirates
Email: hello@skala.so