Trial Terms of Use

Latest Update: 01.01.2024

The Trial (as defined below) is free, non-binding and automatically expires after fourteen (14) days (“Trial Period”), unless the Trial Period is extended by Scaleflex, in its sole discretion. This Trial is intended for evaluation purposes of the Scaleflex products ONLY.

Scaleflex FREE Plan is made available for all Customers for testing the solutions in a non-production environment, therefore, Customer accepts that his usage of CDN Traffic, Cache, Storage and number of Users will be limited according to the Scaleflex Trial and Free Plan Terms of Use.

The Trial Terms of Use ("Agreement") contains the terms and conditions that govern your access to and use of the Trial or FREE Plan and is an agreement between Scaleflex ("Scaleflex", "we", "us", or "our") and you or the entity you represent ("you", "your"). This Agreement takes effect when you click the "Get FREE Plan" button and checkbox presenting these terms or when a Scaleflex representative grants you access to the platform via Trial process. You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.

1. License Agreement

1.1 Trial

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE REGISTERING FOR A TRIAL. SCALEFLEX WILL ONLY LICENSE THE TRIAL TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. The Trial is owned by Scaleflex or an official Scaleflex Partner, and is copyrighted and licensed, not sold. The term “Trial” means the original program and all whole or partial copies of it, including portions merged into other programs. Scaleflex grants to you a limited, non-exclusive, non-assignable, non-transferable, revocable worldwide license for the Trial, as specified in these Terms of Use. You agree to ensure that anyone who uses the Trial does so only for your authorized use and complies with the terms of these Standard Terms and Conditions and Scaleflex’ Acceptable Use Policy. Scaleflex will not charge you for the rights granted to you under this license.

1.2 FREE Plan

Scaleflex reserves the right to terminate any Customer account in breach of the FREE Plan account. Customer agrees and understands that Scaleflex restricts the use of the FREE Plan account to one per organization and/or website, even if different brands or if multiple email addresses created several accounts on behalf of one single Organization or Website.

Customer has the right not to register any payment method (Credit/Debit Card or Bank Account) and understands that if no payment method is associated with the FREE Plan account after the fourteen (14) days period of the use of the service, Scaleflex may terminate the account.

In the event Scaleflex identifies that a Customer has more than one FREE Plan account, Scaleflex will consolidate all the accounts into one and reserve the rights to: charge any overuse consumed for a period up to 12-months from the date of the breach of this agreement without prior notice suspend or terminate the accounts with immediate effect, if no payment method (Credit/Debit Card or Bank Account) is associated with the account

Customer accepts that Scaleflex may revise the FREE Plan’s allowance (CDN Traffic, Storage, ache, number of Users) from time-to-time.

Customer accepts that Scaleflex will not be deemed responsible and waives all liabilities for any issues that may result in the suspension or termination of the/those accounts.

Customer agrees and understands that Scaleflex restricts the use of the FREE Plan account to one per organization and/or website, even if different brands or if multiple email addresses created several accounts on behalf of one single Organization or Website.

1.3 Overuse

Scaleflex tracks Your Asset Cache, Storage, Users, CDN Traffic, and all other Add-Ons metrics on a daily basis.

In case of the FREE Plan, if Your Asset Cache, Storage, Users or CDN Traffic consumption exceeds the FREE Plan’s allowances, You will be contacted by an automatic email inviting you to upgrade to a paid Plan. You can proceed via your Console by selecting a paid Plan and entering your billing details. If You do not perform such an upgrade within 48 hours after this notification, your Services will be blocked and no new Asset will be processed and delivered by the Services. You can also contact your account executive or email [e-mail] to discuss an ENTERPRISE Plan.

2. License

The Trial and FREE Plan are intended for evaluation purposes of the Products ONLY. You may not:

• (a) use, copy, merge, or transfer the Trial except as provided in these Terms of Use;

• (b) reverse assemble, reverse compile, or otherwise translate the Trial except as specifically permitted by law without the possibility of contractual waiver;

• (c) sublicense, rent, or lease the Trial; or

• (d) supply or provide copies of the Trial to third parties, or allow external access to the Trial.

3. Warranty

THIS TRIAL AND FREE PLAN ARE SUPPLIED "AS IS", WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR UNINTERRUPTED OR ERROR FREE USE OF THE TRIAL OR THAT DEFECTS WILL BE CORRECTED OR THAT THE TRIAL OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE WHICH MAY BE HARMFUL OR DESTRUCTIVE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE TRIAL AND ANY DOCUMENTATION REMAINS WITH YOU.

4. Limitation of Liability

SCALEFLEX WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF SCALEFLEX, OR ITS RESELLER, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCALEFLEX will not be liable for: 1) loss of, or damage to, your records, or data; or 2) any damages claimed by you based on any third party claim. You agree to indemnify and hold Scaleflex and its employees and agents harmless to the fullest extent from and against all liabilities, legal fees, damages, losses, costs, and other expenses in relation to any claims or actions brought against Scaleflex arising out of or in any related to your breach of the Terms of Use or other liabilities arising out of your use of the Trial. Nothing in the Terms of Use shall be construed so as to exclude or limit the liability of Scaleflex or that of its employees or agents in ways that cannot be excluded or limited by law.

5. General

This agreement is governed by French law. Any dispute arising from the Terms of Use shall be settled before the competent court in Paris, France. You may terminate your license at any time. If you do so, all your license rights to the Trial are terminated. Scaleflex may terminate your license if you fail to comply with the terms of this Agreement. If Scaleflex does so, all your license rights to the Trial are terminated and you must destroy all your copies of it. You agree to comply with all applicable laws and regulations.

6. Privacy

Any Personal Information collected during use of the Trial will be handled in accordance with Scaleflex’ Privacy Policy. Please also note that the Trial contains tools provided by third party service providers and therefore we cannot guarantee the privacy of all your materials. This includes such information as your personal details (name, email, company, any phone number you choose to provide); portal settings (language, content, texts, permissions); and portal information (behavior, events, actions performed, number of logins, creation and login dates, syncs to third party service providers).