Terms of Service

1. Acceptance of These Terms

These Terms of Service (the “Terms”) form a binding agreement between you (“you”, “your” or the “User”) and Scalvigo, Inc. (“Scalvigo”, “we”, “us” or “our”) and govern your access to and use of the Scalvigo website builder, the Scalvigo websites, applications, APIs, AI features and add-ons, and any related services (collectively, the “Service”).

By creating an account, clicking “I agree”, or otherwise accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, you must not access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity.

2. Definitions

• “Free Plan” means the no-cost tier of the Service that includes core website-building features subject to the usage limits described in Section 5.
• “Paid Plan” means any subscription tier that requires payment of recurring fees.
• “Add-on” means an optional paid feature — such as the AI Chatbot, AI Image Enhancement, or AI Copywriting — that can be enabled on top of any plan.
• “AI Features” means functionality powered by artificial-intelligence or machine-learning models, whether provided by Scalvigo or a third-party AI provider.
• “User Content” means any content you upload, create, publish, or otherwise make available through the Service, including text, images, product photos, code, and data.
• “Published Site” means a website you build and make publicly accessible using the Service.

3. Eligibility and Accounts

You must be at least 16 years old (or the age of digital consent in your jurisdiction) to use the Service. By using the Service you represent that you meet this requirement.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current and complete information and to keep it up to date. Notify us immediately at security@scalvigo.com if you suspect any unauthorized use of your account.

4. The Service

Scalvigo provides a hosted, no-code website builder that lets you design, publish and manage websites, together with optional AI Features and Add-ons. The specific features available to you depend on your plan and the Add-ons you enable.

We may add, change, or discontinue features at any time. Where a change materially reduces core functionality of a Paid Plan you are actively paying for, we will provide reasonable prior notice.

5. Free Plan and Usage Limits

The Free Plan is offered at no cost and is intended to let you build and publish a website using core features. To keep the Free Plan sustainable and prevent abuse, it is subject to usage limits, which may include limits on the number of sites, pages, storage, bandwidth, monthly visitors, and the volume of AI actions (for example, AI generations, chatbot messages, or image enhancements).

Current limits are shown on our pricing page and within the product, and may change from time to time. If you reach a limit, the related feature may be paused until the limit resets, until you upgrade to a Paid Plan, or until you purchase additional capacity or an Add-on. The Free Plan is provided “as is” and may be modified or discontinued.

6. Paid Plans, Add-ons and Billing

Paid Plans and Add-ons are billed in advance on a recurring basis (monthly or annually) through our third-party payment processor. By purchasing a Paid Plan or Add-on, you authorize us to charge your payment method for the applicable fees, including taxes, on each renewal date until you cancel.

Subscriptions renew automatically unless cancelled before the end of the then-current billing period. You may cancel at any time from your account settings; cancellation takes effect at the end of the current period and you retain access until then. Except where required by law, fees are non-refundable and we do not provide refunds or credits for partial periods, unused features, or Add-ons.

We may change our fees on a prospective basis. We will give you advance notice of any price increase, and the new price will apply from your next renewal. If you do not agree, you may cancel before the change takes effect.

7. AI Features and Acceptable Use

AI Features generate output based on your inputs and on models that may be operated by Scalvigo or by third-party AI providers. AI output can be inaccurate, incomplete, or offensive, and may be similar to output provided to other users. You are responsible for reviewing and editing AI output before relying on or publishing it, and for ensuring it complies with these Terms and applicable law.

You must not use AI Features or any part of the Service to generate, upload or publish content that: is unlawful, infringing, defamatory, or fraudulent; depicts child sexual abuse material or non-consensual intimate imagery; harasses, threatens, or promotes violence or self-harm; contains malware; impersonates others or misrepresents AI-generated content as human-created where prohibited; or attempts to reverse engineer, extract, or train competing models on our Service.

We may apply automated and human review to enforce these rules and may throttle, suspend, or remove content or AI access that we reasonably believe violates them.

8. Your Content and the License You Grant Us

You retain all ownership rights in your User Content. We do not claim ownership of the websites, text, or images you create.

You grant Scalvigo a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for example, to resize images or generate previews), display and distribute your User Content solely to operate, provide, secure and improve the Service and to deliver your Published Site to visitors. This license ends when you delete the relevant User Content or close your account, except for content that has been shared with others, cached, or that we must retain to comply with law.

You are solely responsible for your User Content and represent that you have all rights necessary to upload it and to grant the license above.

9. Intellectual Property

The Service, including its software, templates, designs, trademarks, logos and all related intellectual property, is owned by Scalvigo or its licensors and is protected by copyright, trademark and other laws. Except for the rights expressly granted to you in these Terms, we reserve all rights in and to the Service.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your own website-building purposes. You may not copy, resell, sublicense, or create derivative works of the Service, or remove any proprietary notices, except as permitted by law.

10. Prohibited Conduct

• Violating any law or the rights of others, or infringing intellectual-property or privacy rights;
• Accessing the Service to build a competing product, or scraping, crawling, or harvesting data except through documented APIs;
• Interfering with, overloading, or disrupting the Service, or attempting to bypass usage limits, rate limits, or security measures;
• Uploading viruses or malicious code, or using the Service to distribute spam or phishing;
• Reselling, renting, or providing the Service to third parties except as expressly permitted.

11. Third-Party Services

The Service may integrate with or link to third-party services (such as payment processors, AI providers, domain registrars, analytics and marketing tools). Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services and do not endorse them.

12. Service Availability and Support

We strive to keep the Service available but do not guarantee uninterrupted or error-free operation. The Service may be unavailable during maintenance, updates, or events beyond our control. Support is provided through the channels described on our Contact page; Paid Plans and certain Add-ons may include priority support.

13. Disclaimers

THE SERVICE, INCLUDING ALL AI FEATURES AND ADD-ONS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE OR SUITABLE FOR YOUR PURPOSES.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCALVIGO AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. Indemnification

You agree to indemnify and hold harmless Scalvigo and its affiliates from any claims, damages, liabilities and expenses (including reasonable legal fees) arising out of your User Content, your Published Sites, your use of the Service, or your violation of these Terms or of any law or third-party right.

16. Suspension and Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if required by law, or to protect the Service or other users. Upon termination, your right to use the Service ceases and we may delete your User Content after a reasonable retention period, subject to our Privacy Policy and legal obligations.

17. Changes to the Service or These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service before they take effect. Your continued use of the Service after the changes become effective constitutes acceptance of the revised Terms.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, USA, without regard to its conflict-of-laws rules. Subject to any mandatory consumer-protection laws in your country of residence, you agree that the state and federal courts located in New York County, New York will have exclusive jurisdiction over any dispute that is not subject to arbitration.

Where permitted, the parties will first attempt to resolve any dispute informally by contacting legal@scalvigo.com. If a dispute cannot be resolved within 30 days, it may be submitted to binding arbitration on an individual basis; you and Scalvigo waive any right to a jury trial or to participate in a class action, to the extent permitted by law.

19. Contact

Questions about these Terms can be sent to legal@scalvigo.com or to Scalvigo, Inc., 27 Division St, New York, NY 10002, USA.