Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you (“you”, “Customer”) and Zenox Marketing Management - FZCO (“Scaley”, “we”, “us”), the operator of the Scaley AI product at scaleyai.com. By creating an account, starting a free trial, clicking “I agree”, or using any part of Scaley, you accept these Terms. If you are signing up for a company, you confirm you have authority to bind it. If you do not agree, do not use Scaley.

1. The service

Scaley AI is a software product that connects to paid-media and commerce platforms you authorize, including Google Ads, Google Merchant Center, Shopify, Google Analytics 4, and any additional platforms we list on our website. It analyzes the data you share with us, surfaces AI-generated recommendations, and, at your direction, applies automated changes to bids, budgets, campaigns, negative keywords, product labels, and related settings. You decide what automation to enable, you approve the scope, and you can pause or revert any Scaley-applied change in the product.

Scaley is a tool. It is not an ad agency, a fiduciary, a financial advisor, or a substitute for your own judgment. You remain the advertiser of record on every platform we connect to, and you retain final control over your accounts, your ad spend, and your campaigns.

2. Your account and connections

You are responsible for the accuracy of the information you give us, for keeping your credentials safe, and for everything that happens under your account. When you connect a third-party account (Google Ads, Google Merchant Center, Shopify, or another supported integration) via OAuth or another authorized method, you confirm that you own or have full permission to grant access to that account, and you grant Scaley the limited rights needed to operate the service on your behalf.

You can disconnect any linked account at any time from within Scaley or from the third-party platform. If you ask us to disassociate a Google Ads account, we will do so within three (3) business days, in line with Google Ads API policy.

3. Results disclaimer and no performance guarantees

Scaley does not guarantee any specific advertising result. We do not guarantee ROAS, revenue, conversion volume, lead volume, impression share, click-through rate, or any other metric. Any projections, benchmarks, case studies, testimonials, or forecasts shown on our website, in the product, in emails, or in sales conversations are illustrative only and do not constitute a contractual commitment.

How to read the numbers on scaleyai.com

Every number you see on this site - including specific ROAS figures, spend savings in euros or dollars, percentage lifts, and time frames - reflects the results of a specific customer or a specific account during a specific period. These are individual results. They are not averages, they are not benchmarks, and they are not what every customer can expect.

Advertising outcomes depend on variables we do not control: platform algorithms and policies, market conditions, seasonality, your product and pricing, your website conversion rate, your tracking and attribution setup, and the decisions you make about what to automate and how aggressively.

What we commit to

• We only publish numbers from accounts we have actually worked with
• We do not fabricate metrics, invent customers, or use AI-generated faces
• Testimonials come from real customers who agreed to be quoted
• Where permission allows, we name the brand; where it does not, we keep attribution generic but the numbers real
• Where a customer is compensated for a testimonial (for example, a free month of service), we disclose it in line with the US FTC Endorsement Guides

Things outside our control

• Changes to Google, Shopify, or other platform algorithms and policies
• Platform outages, API rate limits, or account enforcement actions
• Market conditions, seasonality, and competitor behavior
• Your product quality, pricing, inventory, shipping, and website conversion rate
• Tracking accuracy, attribution windows, and consent-driven data loss
• Macroeconomic conditions and currency fluctuations
• Updates to Scaley's AI models, heuristics, and automation logic

Past results, whether achieved for you or any other customer, do not guarantee future performance. If you believe something on scaleyai.com misrepresents a result or needs more context, email hello@scaleyai.com and we will fix it.

4. Third-party platforms

Scaley is not affiliated with, endorsed by, or partnered with Google, Shopify, or any other platform we integrate with. Those platforms operate on their own terms, and they can change their APIs, pricing, products, and enforcement at any time. They can also suspend, restrict, or ban your account for reasons that have nothing to do with Scaley, including your own compliance with their advertising policies.

If a third-party platform suspends your account, changes a policy, deprecates an API, throttles our access, loses data, or goes down, that is a platform event. It is not a Scaley breach, and it does not entitle you to a refund or trigger any other liability on our side. We will do our best to keep Scaley running through platform changes, but we cannot guarantee uninterrupted integration with any third party.

5. AI and automated decisions

Scaley uses artificial intelligence and machine-learning models to generate recommendations and, where you enable it, to apply changes to your ad accounts automatically. Recommendations are suggestions. Automated changes are made at your direction because you turned the automation on and set the scope.

You understand that AI outputs can be wrong, incomplete, biased, or miscalibrated, and that even a well-configured automation can make changes that do not work out. You are responsible for reviewing recommendations before applying them, for monitoring what your automations do, and for pausing, reversing, or overriding any change you do not want.

Every recommendation and every automated change is traceable in the product. You can audit the logic, the inputs, and the result. You control which integrations Scaley can access, which automations are on or off, the limits for automated actions (budget caps, bid ranges, eligible campaigns), and you can revert any change or disconnect any account at any time.

Scaley does not make solely automated decisions that produce legal or similarly significant effects on individuals within the meaning of Article 22 of the GDPR. Our automations act on ad-campaign configuration (budgets, bids, keywords, audiences, products, labels), which is operational, not a decision about an individual's legal status. If a platform you connect requires you to disclose AI-generated or AI-modified content, you are responsible for making those disclosures in the platform's own tools. For how we handle data used by AI models, see the Privacy Policy.

6. Fees, free trial, billing, and refunds

Pricing model

Scaley AI runs on a usage-based monthly subscription. There are no fixed plan tiers - your invoice reflects your actual Google Ads spend during the billing cycle.

• You are billed 4% of your total monthly Google Ads spend across all accounts you connect to Scaley.
• A minimum monthly fee of $199 applies. If 4% of your spend falls below $199, you are charged $199.
• There is no maximum monthly charge.
• Billing is calculated on actual ad spend (the “Total cost” metric in Google Ads), not on daily budgets.

Example: if your connected accounts spend $3,000 in a billing cycle, 4% would be $120 - so the $199 minimum applies. If your accounts spend $8,000, your invoice will be $320.

If you have multiple Google Ads accounts connected to Scaley, your invoice will include one line per account, reflecting the individual spend of each. The minimum monthly fee applies to the combined total.

Pricing variables (percentage and minimum fee) are subject to change. Any pricing change will be communicated by email with at least 14 days' notice before taking effect.

Free trial

New users are eligible for a 7-day free trial. No charges are applied during the trial. The trial is activated upon completing checkout, which requires signing up with a Google (Gmail) account, connecting at least one Google Ads account, entering your billing details, and clicking “Start free trial”. The trial runs for 7 calendar days from checkout. If you do not cancel before the trial ends, your subscription automatically converts to paid billing.

The free trial is available once per user email address. If you cancel and sign up again using the same email, the trial will not be offered again - paid billing begins immediately. You will receive a reminder email 24 hours before your trial ends.

Billing currency and exchange rates

All invoices are issued in USD, regardless of the currency used in your connected Google Ads accounts. If your Google Ads spend is in a currency other than USD, we convert it using the official exchange rate published by the International Monetary Fund (IMF) on the invoice date. If the IMF rate is unavailable, we fall back to the rate published by the European Central Bank.

Payment methods

Payments are processed securely through Stripe. Supported methods include credit and debit cards (Visa, Mastercard) and SEPA Direct Debit for EUR-denominated bank accounts within the SEPA zone. Additional local payment methods may be available depending on your country, as supported by Stripe.

All payment data is handled directly by Stripe under their security standards. Scaley AI does not store your full card details. By providing a card, you authorise Scaley to verify it and to charge that card for all fees payable during your subscription term, at the monthly billing frequency described in this policy, until all outstanding fees have been paid in full.

Billing cycles and invoicing

Scaley AI bills monthly in arrears - your invoice covers ad spend incurred during the previous billing cycle. Your first billing cycle starts the day after your trial ends (day 8 from signup). Invoices are generated and charged at the end of each monthly billing cycle, processed automatically via the payment method on file through Stripe.

You can view your current billing cycle's ad spend, the invoiced amount to date, and an estimated end-of-month projection in the Billing section of your account.

Payment failure and account access

If a payment fails, you will receive an email notification immediately. Scaley will automatically retry the payment once per day for up to 3 days, with a daily email reminder and an in-app banner showing the date your account will be blocked. During the 3-day grace period, full access to all features remains available. If the payment is not resolved within 3 days, your account is blocked - on login, you will see a payment window to reactivate. No other features are accessible until payment is completed.

Cancellation

You can cancel your subscription at any time from your Billing settings, or by emailing hello@scaleyai.com. Cancellation takes effect immediately. Because Scaley bills in arrears, an invoice will be generated at the time of cancellation covering ad spend from the start of your current billing cycle up to and including the cancellation date.

Example: if your billing cycle starts on the 1st and you cancel on the 20th, you will receive an invoice for ad spend between the 1st and the 20th (both dates inclusive). After cancellation, access to your Scaley account is revoked immediately. If you resubscribe using the same email, no free trial will be offered.

Refunds

All fees are non-refundable once an invoice has been issued and payment has been processed. This includes partial billing cycles, periods where campaigns were paused or underdelivered, and unused features or platform access. Scaley does not offer refunds for the free trial period as no charges apply during that time.

If you believe an invoice contains an error (incorrect ad spend data or a billing calculation issue), please contact us within 14 days of the invoice date at hello@scaleyai.com. We will review and correct any verified billing errors - adjustments will be applied to the next invoice or refunded at our discretion. If you are a consumer in a jurisdiction that grants non-waivable refund rights, those rights apply on top of this policy.

The ad spend you pay directly to Google, Shopify, or any other connected platform is never part of your Scaley fees. We do not refund any ad spend you have paid to those platforms.

Chargebacks

Please contact us before filing a chargeback. Almost every issue can be resolved by email. Chargebacks filed without first contacting us may result in the associated account being suspended until the dispute is resolved.

Taxes

All fees are exclusive of taxes. You are responsible for any VAT, sales tax, GST, withholding tax, or similar charge that applies in your jurisdiction, except for taxes on our net income. At our request, you will provide us with the VAT registration number under which you are registered in your country. If you do not provide a VAT registration number before your transaction is processed, we will not issue refunds or credits for any VAT charged.

7. Acceptable use

You agree to use Scaley lawfully and to respect the advertising policies of every platform you connect, including Google Ads, Google Merchant Center, Google Shopping, Shopify, Google Analytics, and any other connected platform. If a platform suspends your account or rejects your ads, that is between you and the platform. Scaley cannot override platform enforcement.

You must not use Scaley to

• Break any law, including consumer protection, data protection, advertising, tax, sanctions, and export control laws
• Infringe anyone's intellectual property, privacy, publicity, or contractual rights
• Run ads or sell products in categories prohibited or restricted by the connected platform, including weapons, illegal drugs, counterfeit goods, adult content outside designated categories, deceptive financial products, MLM schemes, pyramid schemes, and similar
• Run misleading, deceptive, or fraudulent advertising, including false claims, fake reviews, fake testimonials, bait-and-switch offers, or clickbait that misrepresents the product
• Impersonate a person, company, or brand, or misrepresent your affiliation with any party
• Connect an ad account, Shopify store, or Merchant Center account that you do not own or have explicit permission to manage
• Share login credentials, automate access outside of Scaley's published integrations, or scrape the product
• Upload, transmit, or process illegal content, including content that sexually exploits minors, promotes terrorism, or incites violence or hate against protected classes
• Send unsolicited email, SMS, or other messages through or as a consequence of Scaley
• Introduce malware, viruses, or code intended to disrupt systems or data
• Attempt to interfere with, disable, degrade, or reverse-engineer the service, bypass usage limits, or probe for vulnerabilities without written authorization
• Use the service to build a competing product or to train a competing AI model

Automation guardrails you agree to

• Set automation scope (budgets, bid ranges, guardrails) that reflects your actual risk tolerance
• Monitor what your automations do and pause or revert changes you do not want
• Keep billing current on every connected ad platform
• Maintain accurate tracking and conversion setup on your side

Scaley is not responsible for ad-spend outcomes that follow automations you enabled and settings you approved.

Reporting and enforcement

If you see abuse, email hello@scaleyai.com. If we believe your use breaks these rules, we can warn you, restrict features, require corrective action, suspend your account, or terminate without notice. We do not owe a refund for fees covering a period during which we suspended or terminated your account for a violation.

8. Your data stays yours

You keep all rights to the data you bring into Scaley, including your ad accounts, product catalogs, campaign history, and customer data. You grant us the limited rights we need to run the service for you: to process, store, transmit, and display that data, and to use anonymous, aggregated analytics to improve Scaley. We do not sell your data and we do not share it with third parties for their own marketing. How we handle personal data is described in our Privacy Policy. Our data-processor commitments to customers who process personal data through Scaley are in our Data Processing Addendum.

9. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, SCALEY AND ITS LICENSORS PROVIDE THE SERVICE “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY RECOMMENDATION OR AUTOMATED ACTION WILL ACHIEVE ANY PARTICULAR RESULT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SCALEY CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SCALEY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, CUSTOMERS, DATA, OR BUSINESS OPPORTUNITY, OR FOR WASTED AD SPEND, TRACKING OR ATTRIBUTION ERRORS, PLATFORM OUTAGES, OR ACCOUNT SUSPENSIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID TO SCALEY FOR THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED EUROS (EUR 100). THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions the limits above apply to the fullest extent permitted by local law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Scaley and its affiliates, officers, directors, employees, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or connected with: (a) your products, services, business practices, or operations; (b) your content, ads, landing pages, or creative; (c) your violation of these Terms; (d) your violation of any law or of the advertising policies of Google, Shopify, or any other platform you connect; (e) claims from your customers, partners, or any third party relating to your business; and (f) your misuse of any Scaley feature, including automations you enabled and changes you approved.

12. Term and termination

These Terms apply for as long as you use Scaley. You can cancel at any time from inside the product. Cancellation takes effect at the end of the current billing period; we do not refund the remainder of that period. We can suspend or terminate your account, with or without notice, for violation of these Terms, non-payment, suspected fraud, or platform requirements. After termination, we retain account data for up to ninety (90) days for legal and accounting purposes, then delete it in the normal course, except where we are required to keep it longer. Sections that by their nature should survive termination (including sections 3, 4, 5, 8, 9, 10, 11, 13, 14, and 15) survive.

13. Governing law and dispute resolution

These Terms are governed by and construed in accordance with the laws of the United Arab Emirates, specifically those applicable in the Emirate of Dubai, without regard to conflict-of-law rules. Any dispute arising out of or in connection with these Terms will be submitted to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates. To the extent permitted by law, you and Scaley each waive any right to a jury trial and to participate in a class action.

14. Changes to these Terms

We may update these Terms as the product, law, and platforms evolve. If we make a material change, we will post the updated Terms here with a new “Last updated” date and, where we have your email, notify you by email or in-product message. Continued use of Scaley after the effective date of an update means you accept the updated Terms.

15. General

Entire agreement. These Terms, together with the Privacy Policy and DPA referenced above, are the entire agreement between you and Scaley and supersede any prior or contemporaneous statements, whether oral or written, including marketing copy, sales conversations, testimonials, case studies, and emails.

Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Severability. If any part of these Terms is found unenforceable, the rest stays in effect.

No waiver. Our failure to enforce a right is not a waiver of that right.

Force majeure. Neither party is liable for delays or failures caused by events outside reasonable control, including internet outages, platform failures, government action, or force of nature.

Notices. We send legal notices to the email on your account. You send legal notices to hello@scaleyai.com.

Trademarks.Scaley AI is independent from Google LLC and Shopify Inc. “Google Ads”, “Google Merchant Center”, “Shopify”, and related marks are trademarks of their respective owners. We use them only to describe the services we integrate with.

16. Contact

Zenox Marketing Management - FZCO
Building A1, Dubai Digital Park, Dubai Silicon Oasis
Dubai, United Arab Emirates
Email: hello@scaleyai.com