Terms of Service.

1. Acceptance of Terms

By accessing or using the ScaleDMS platform provided by Enscale Systems Inc. ("Enscale," "we," "our"), you agree to be bound by these Terms of Service. If you do not agree, you may not use our services.

2. Description of Service

ScaleDMS is a cloud-based dealership management platform that provides inventory management, lead tracking, deal processing, integrated email, public website generation, and related tools for automotive retail operations.

3. Account Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use.

4. Subscription & Billing

ScaleDMS is offered on a monthly or annual subscription basis. All plans require a 3-month initial commitment. Pricing is as listed on our pricing page and may be updated with 30 days written notice. Payments are due at the beginning of each billing cycle and are non-refundable.

5. Acceptable Use

You agree not to:

• Use the platform for any unlawful purpose
• Attempt to gain unauthorized access to any part of the service
• Reverse engineer, decompile, or disassemble the platform
• Transmit malicious code or interfere with platform operations
• Resell or redistribute access to the platform without authorization

6. Data Ownership

You retain full ownership of all data you enter into ScaleDMS. We do not claim any intellectual property rights over your content. Upon termination, you may request a full export of your data in standard formats at no additional charge.

7. Service Availability

We strive to maintain 99.9% uptime for the ScaleDMS platform. However, we do not guarantee uninterrupted access and are not liable for downtime caused by maintenance, third-party service failures, or events beyond our reasonable control.

8. Limitation of Liability

To the maximum extent permitted by law, Enscale Systems shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform. Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim.

9. Termination

Either party may terminate the subscription after the initial commitment period with 30 days written notice. We reserve the right to suspend or terminate accounts that violate these terms. Upon termination, your access to the platform will cease and data will be retained for 90 days before deletion.

10. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising from these Terms shall be resolved in the courts located in Ottawa, Ontario.

11. Contact

For questions about these Terms, contact us at:
legal@enscalesystems.com
Enscale Systems Inc.
Ottawa, Ontario, Canada