# Trial Terms Of Use **Disclaimer:** Please be advised that Scaleflex has implemented an upgrade to the Cloudimage Service. Accordingly, all subscription plans purchased prior to September 30, 2025 must be migrated to an updated plan, unless otherwise expressly authorized in writing by Scaleflex’s management. Furthermore, the Cloudimage FREE/PERSONAL and APPSUMO plans will be permanently discontinued, and all services associated with these plans will be terminated, effective October 1, 2025. For any inquiries or to discuss available options, please contact the Scaleflex Support Team at The Trial (as defined below) is offered free of charge for a period of thirty (30) days (“Trial Period”), unless the Trial Period is extended by Scaleflex in its sole discretion. The Trial is intended solely for the evaluation of Scaleflex products. Activation of the Trial requires the provision of a valid credit card. The Trial shall automatically convert into a paid subscription to the smallest available plan upon expiration of the Trial Period, unless the Customer terminates the Trial prior to such expiration. By activating the Trial, the Customer expressly agrees to such automatic conversion and to pay all applicable fees in full. The Trial Terms of Use ("Agreement") contains the terms and conditions that govern your access to and use of the Trial 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 started" button and checkbox presenting these terms. 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** 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 Terms and Conditions and Scaleflex’s Acceptable Use Policy. Scaleflex will not charge you for the rights granted to you under this license. 2. **License** The Trial is 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. **2.1. Trial Eligibility.** The Trial is strictly limited to new customers who have not previously registered for or utilized any Scaleflex Services. Any entity or individual that has previously used Cloudimage or VXP under any plan, including but not limited to legacy plan (FREE, PERSONAL, APPSUMO, STARTUP, PRO, or ENTERPRISE), is expressly excluded from Trial eligibility. Any deviation from this exclusivity requires prior written authorization from the Scaleflex Sales team. Scaleflex reserves the right to verify prior usage and, at its sole discretion, take enforcement action as defined in Section 2.2 against any account found to be in violation of this requirement. **2.2. Enforcement of Eligibility.** Any account found to be infringing the eligibility rules set forth in Section 2.1 shall have its Trial status revoked and be automatically converted to a paid subscription without prior notification to the Customer. Upon such conversion, the Customer will be charged immediately for the smallest available plan at the then-current rates. Failure to satisfy this payment obligation in full upon issuance of the charge shall result in the immediate suspension of access to the Service, including all associated tokens and data, until the payment matter is resolved to Scaleflex's satisfaction 3. **Warranty** THIS TRIAL IS 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 the laws of France. 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’s 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).