SocialScalr Terms of Service
Effective date: May 25, 2026. Last updated: May 25, 2026. Version 1.0.
Important notices
This agreement contains a binding arbitration clause and a waiver of class action rights. Please read Section 24 (Dispute Resolution) carefully. By accessing or using the Services, you agree that disputes between you and SocialScalr will be resolved exclusively by binding arbitration on an individual basis. You and SocialScalr are waiving the right to a jury trial and the right to participate in a class, collective, or representative action. You have the right to opt out of arbitration as described in Section 24.
Your subscription will automatically renew at the then-current rate until cancelled. Cancellation instructions are in Section 6. California residents and residents of other states with auto-renewal protections have additional rights described in Section 5.
The Services are provided on an "as is" and "as available" basis. Our liability is limited as set forth in Section 21. You agree to indemnify us as set forth in Section 22.
1. Acceptance of Terms
1.1 Binding Agreement
These Terms of Service ("Terms" or "Agreement") form a legally binding agreement between you and SocialScalr, a brand of WETYR Corporation, a Florida corporation ("SocialScalr," "we," "us," or "our"), governing your access to and use of the SocialScalr platform, including the SocialScalr website at socialscalr.com, the SocialScalr web dashboard, the SocialScalr Chrome extension, our application programming interfaces ("APIs"), and any related services we provide (collectively, the "Services").
By creating an account, installing our Chrome extension, accessing any part of the Services, clicking a button or checking a box that says you agree, or otherwise using the Services, you accept these Terms in full. If you do not accept these Terms, you must not access or use the Services.
If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity. Any reference to "Customer" in these Terms means that entity, or you individually if you are using the Services for personal use.
1.2 Additional Agreements
Your use of the Services is also governed by:
- Our Privacy Policy at https://socialscalr.com/legal/privacy
- Our Acceptable Use Policy in Section 11 of these Terms
- Our Data Processing Addendum at https://socialscalr.com/legal/dpa (which applies to Customers whose use involves processing personal data of EU, UK, or California residents)
- Any Order Form or other written agreement we sign with you
In the event of any conflict between these Terms and any other agreement, the order of precedence is: signed Order Form, signed Data Processing Addendum, these Terms, our published policies.
1.3 Updates to Terms
We may update these Terms from time to time. Material changes will be communicated by:
- Email to the address associated with your account
- A prominent notice on socialscalr.com
- In-app notification in the dashboard
Material changes take effect 30 days after notice. Non-material changes (clarifications, formatting, typo corrections) take effect immediately upon posting. The "Last updated" date at the top of these Terms reflects when they were last revised. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms. If you do not agree to changes, you must stop using the Services and cancel your subscription before the effective date.
2. Definitions
In addition to terms defined elsewhere in this Agreement, the following definitions apply:
- "Account" means a registered user account on the Services.
- "Authorized User" means an individual you have authorized to use the Services on your behalf (such as a sub-user under an Agency plan).
- "Confidential Information" means non-public information disclosed by one party to the other that is identified as confidential or that would reasonably be considered confidential under the circumstances.
- "Content" means any text, data, images, messages, templates, configurations, files, or other materials.
- "Customer Content" means Content you or your Authorized Users submit to, store in, or generate through the Services.
- "Documentation" means the user-facing documentation we publish at help.socialscalr.com or in-product help.
- "Effective Date" means the date you first agree to these Terms or sign an Order Form, whichever comes first.
- "Fees" means the amounts payable for the Services as set forth in your Order Form or on our pricing page.
- "Intellectual Property Rights" means all worldwide rights in patents, copyrights, trademarks, trade secrets, moral rights, rights of publicity, and all similar rights, whether registered or unregistered.
- "LinkedIn" means LinkedIn Corporation and the platform operated at linkedin.com.
- "Order Form" means a written order for the Services signed by both parties (used for enterprise contracts).
- "Subscription Term" means the period during which you are entitled to use the Services under a paid plan.
- "Third-Party Services" means products, services, or content provided by third parties that integrate with or are made accessible through the Services, including LinkedIn, Stripe, Resend, and any other third-party platforms.
- "You" or "your" means the individual or entity entering into this Agreement.
3. Eligibility
3.1 Age and Capacity
The Services are intended for users who are at least 18 years old and have the legal capacity to enter into binding contracts. By using the Services, you represent and warrant that:
- You are at least 18 years of age (or the age of majority in your jurisdiction, if higher)
- You have the legal capacity to enter into this Agreement
- You are not prohibited by any law or regulation from using the Services
- If using on behalf of an entity, you have the authority to bind that entity
We do not knowingly collect personal information from anyone under 16 years of age. If we learn that we have collected personal information from a child under 16, we will delete it. If you believe we have collected information from a child, contact [email protected].
3.2 Geographic Restrictions
The Services are operated from the United States. By using the Services, you acknowledge that your information will be transferred to and processed in the United States and other jurisdictions where we and our service providers operate.
You may not access or use the Services if:
- You are located in, ordinarily resident in, or organized under the laws of a country or region subject to comprehensive US sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine)
- You are listed on the US Treasury Department's list of Specially Designated Nationals (SDN), the US Department of Commerce's Denied Persons List or Entity List, or any other US government restricted persons list
- Your use of the Services would violate any applicable export control, sanctions, or anti-terrorism law
3.3 Suspension Pending Verification
We may suspend or terminate your access to the Services at any time if we have reason to believe you do not meet the eligibility requirements or are using the Services in violation of these Terms or applicable law.
4. Account Registration and Security
4.1 Account Creation
To access most features of the Services, you must register an Account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your information to keep it accurate and complete
- Maintain the security and confidentiality of your login credentials
- Not share your Account credentials with any third party
- Notify us immediately at [email protected] of any unauthorized access to or use of your Account
- Accept responsibility for all activities that occur under your Account
4.2 Authentication
We require strong passwords and may require multi-factor authentication ("MFA"). We may require additional verification steps when we detect activity that appears unusual or potentially unauthorized. You agree to comply with our authentication requirements.
4.3 Authorized Users
If your plan permits Authorized Users (such as the Agency plan), you may invite additional users to access the Services under your Account. You are responsible for:
- The actions and omissions of your Authorized Users
- Ensuring your Authorized Users comply with these Terms
- Promptly revoking access for individuals who no longer require it
- Paying Fees applicable to Authorized Users
Each Authorized User must have their own login credentials. Sharing credentials among multiple individuals is prohibited.
4.4 Account Security
You are solely responsible for maintaining the security of your Account. SocialScalr is not liable for any loss or damage arising from your failure to comply with this Section, including:
- Use of weak passwords
- Sharing of credentials
- Failure to enable MFA when available
- Failure to promptly report unauthorized access
- Use of compromised or insecure devices
If we suspect your Account has been compromised, we may suspend access until you complete identity verification and reset your credentials.
5. Subscription and Billing
5.1 Subscription Plans
We offer the Services on subscription plans described on our pricing page (currently Starter at $29 per month, Pro at $49 per month, and Agency at $149 per month). Plan features, limits, and pricing are subject to change as described in Section 5.10.
5.2 Billing
By subscribing, you authorize us (through our payment processor Stripe) to charge your designated payment method:
- The applicable subscription Fee at the start of each billing period (monthly or annual)
- Any applicable taxes
- Any one-time charges you expressly authorize
You agree to provide current, complete, and accurate billing and payment information. You authorize us to charge any successor payment method you provide. If a charge is declined, we may suspend your Services until payment is current.
5.3 Automatic Renewal (Read Carefully)
Your subscription automatically renews. Unless you cancel before the end of the then-current Subscription Term, your subscription will automatically renew for successive periods equal in length to the prior Subscription Term (for example, monthly subscriptions renew monthly, annual subscriptions renew annually).
At the then-current rate. Renewal will be at the then-current published rate for your plan, which may be higher than your initial rate. We will notify you by email of any price increase at least 30 days before the increase takes effect, and you may cancel before renewal to avoid the new rate.
You can cancel at any time. You may cancel your subscription at any time through your account settings at dashboard.socialscalr.com/billing, by clicking the "Cancel Subscription" button, or by emailing [email protected]. Cancellation takes effect at the end of the current billing period; you will retain access to paid features through that date.
Reminder emails. For annual subscriptions, we send a reminder email 30 days before automatic renewal. For monthly subscriptions, the renewal date and amount are shown in your dashboard at all times.
No refunds for partial periods. Cancellation does not entitle you to a refund of Fees already paid, except as required by applicable law or as expressly provided in these Terms.
5.4 California-Specific Auto-Renewal Disclosures
If you are a California resident, the following additional terms apply under the California Automatic Renewal Law (California Business and Professions Code section 17600 et seq.):
- Recurring Charges. Your payment method will be automatically charged at the start of each billing period until you cancel.
- Amount of Charges. The amount charged is the subscription Fee for your plan plus applicable taxes. Your current Fee is shown in your dashboard.
- Cancellation Method. To cancel, log into dashboard.socialscalr.com, click your name in the upper right, select "Billing," and click "Cancel Subscription." You may also email [email protected] with "Cancel Subscription" in the subject line. We will confirm cancellation by email within 24 hours.
- Click to Cancel. Online cancellation is available at any time without contacting customer service.
- Free Trial Disclosure. If you signed up for a free trial that converts to a paid subscription, you will be charged the full Fee at the end of the trial period unless you cancel before the trial ends. The trial duration and conversion date are disclosed at signup and confirmed by email.
5.5 Free Trials
We may offer free trials of the Services. Free trials:
- Are available to new customers only, one per individual or entity
- Convert to a paid subscription at the end of the trial period unless you cancel before then
- Require a valid payment method at signup, which will be charged on the conversion date
- May have feature limitations as described at signup
- May be terminated by us at any time without notice if we detect abuse, multiple-account fraud, or any other violation of these Terms
To cancel a free trial before conversion, follow the cancellation instructions in Section 5.3.
5.6 Taxes
Fees do not include taxes unless expressly stated. You are responsible for all sales, use, value-added (VAT), goods and services (GST), excise, withholding, and similar taxes imposed on your purchase of the Services. We will collect applicable taxes where we are legally required to do so. If you are required by law to withhold any tax from amounts owed to us, you will gross up the payment so we receive the full amount of the Fee.
5.7 Refund Policy
Fees are non-refundable except as expressly stated in these Terms or as required by applicable law. We may, in our sole discretion, offer refunds, credits, or other adjustments to particular Customers in particular circumstances. Granting any refund in a particular case does not entitle the Customer or any other Customer to a refund in any other case.
EU and UK Customers. Where required by EU or UK consumer law, you have a right to withdraw from your subscription within 14 days of signup. To exercise this right, email [email protected] within 14 days of subscribing. By using the Services during this period, you authorize us to begin performance, and you acknowledge that you may forfeit your withdrawal right under EU Directive 2011/83/EU Article 16(m) (digital content) or similar provisions.
5.8 Failed Payments
If we are unable to charge your payment method:
- We will retry the charge per Stripe's automatic retry schedule
- We will notify you by email
- After 3 failed attempts, your subscription will enter a "grace period" with read-only access for 14 days
- If payment is not received during the grace period, your subscription will be cancelled and your data will enter retention as described in Section 14.
5.9 Disputed Charges
If you believe you have been charged in error, contact [email protected] within 30 days of the charge. We will investigate and respond within 10 business days. You agree to attempt to resolve billing disputes with us before initiating a chargeback. Initiating a chargeback without first contacting us may result in immediate termination of your Account and a reporting of the chargeback to credit reporting and fraud prevention services.
5.10 Changes to Fees and Plans
We may change our pricing, plan features, or plan limits at any time. Changes affecting your existing subscription will be communicated by email at least 30 days before they take effect for monthly plans, and at the time of renewal for annual plans. You may cancel before the change takes effect to avoid being charged at the new rate.
6. Cancellation and Termination
6.1 Cancellation by You
You may cancel your subscription at any time as described in Section 5.3. Cancellation takes effect at the end of the current billing period. You will retain access to paid features through that date.
6.2 Termination by Us for Convenience
We may terminate or suspend your Account for convenience with 30 days' email notice. In such case, we will refund any prepaid Fees for unused portions of the Subscription Term on a pro-rata basis.
6.3 Termination by Us for Cause
We may terminate or suspend your Account, with or without notice, for any of the following:
- Material breach of these Terms (including the Acceptable Use Policy)
- Non-payment of Fees
- Violation of applicable law
- Activity that exposes us, our other Customers, or third parties to legal liability or reputational harm
- Activity that endangers the integrity, security, or operation of the Services
- If required by law, court order, or governmental authority
- Extended inactivity (Account inactive for 24+ consecutive months)
Termination for cause does not entitle you to a refund.
6.4 Effect of Termination
Upon termination:
- Your access to the Services ends
- Your Account enters retention as described in Section 14
- You remain liable for Fees accrued before termination
- Provisions of these Terms that by their nature should survive termination will survive, including Sections 13 (Customer Content), 19 (Intellectual Property), 21 (Disclaimers), 22 (Limitation of Liability), 23 (Indemnification), 24 (Dispute Resolution), 28 (Governing Law), and all other provisions reasonably necessary to enforce or interpret this Agreement.
6.5 Data Export
For 30 days after termination (or such longer period as required by law), you may export your Customer Content through the dashboard's export feature, or by emailing [email protected] to request an export. After this period, we will delete your Customer Content from active systems within an additional 30 days, except for:
- Information we are legally required to retain
- Information in backup systems, which will age out per our retention policy
- Aggregated or de-identified data that no longer identifies you
7. License Grant to Customer
7.1 License
Subject to your compliance with these Terms and timely payment of all Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the Subscription Term solely for your internal business or personal purposes.
7.2 Specific License Terms
- The license is granted only to you (the named Customer) and your Authorized Users.
- The license does not include any right to copy, modify, distribute, sell, or create derivative works of the Services.
- The license is conditional on your continued compliance with these Terms.
- The license terminates immediately upon termination of your Account.
7.3 Reservation of Rights
All rights not expressly granted in these Terms are reserved by SocialScalr. No implied license is granted.
8. Restrictions on Use
You will not, and will not permit any Authorized User or third party to:
8.1 Copying and Modification
- Copy, modify, translate, adapt, or create derivative works of any part of the Services
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services, except to the extent applicable law expressly permits this notwithstanding contractual restriction
- Remove, obscure, or alter any proprietary notices on the Services
8.2 Distribution and Resale
- Sublicense, sell, resell, rent, lease, lend, or transfer the Services
- Use the Services to develop a competing product or service
- Use the Services to provide services to third parties as a service bureau, except in your capacity as an Agency-tier customer providing the Services to your clients
8.3 Technical Misuse
- Interfere with or disrupt the integrity or performance of the Services
- Attempt to gain unauthorized access to the Services or related systems
- Probe, scan, or test the vulnerability of the Services without our prior written consent (security research must be coordinated through our responsible disclosure program at [email protected])
- Bypass, disable, or circumvent any security or access controls
- Use the Services to transmit or distribute viruses, worms, Trojans, ransomware, spyware, or other malicious code
- Use any automated means (other than as expressly enabled by the Services) to access, scrape, or extract data from the Services
8.4 Misuse of Capacity
- Exceed the rate limits, usage limits, or capacity limits of your plan
- Configure the Services to operate in a manner that circumvents documented limits
- Use the Services in a way that imposes an unreasonable load on our infrastructure
- Engage in benchmarking, performance testing, or load testing of the Services without our written consent
8.5 Misuse of Identity
- Impersonate any person, entity, or affiliation
- Misrepresent your relationship with SocialScalr
- Use false or misleading information in your communications through the Services
8.6 LinkedIn-Specific Restrictions
- Use the Services to violate LinkedIn's User Agreement or Professional Community Policies
- Use the Services to send unsolicited bulk messages, spam, or content that violates applicable anti-spam laws
- Configure the Services in a way that exceeds the documented action limits or evades the account-protection controls we have built in (these are designed to protect your LinkedIn account from suspension)
- Use the Services to scrape, harvest, or collect information from LinkedIn beyond the data your authenticated session has the right to access through normal LinkedIn use
- Bypass LinkedIn's technical access controls
8.7 Content Misuse
- Use the Services to create, send, or distribute content that is unlawful, defamatory, fraudulent, harassing, threatening, abusive, obscene, pornographic, hateful, or that infringes any party's rights
- Use AI features to generate content that violates Section 11
- Use the Services in connection with any "deepfake," voice cloning, identity fraud, or similar deceptive content
8.8 Unlawful Use
- Use the Services for any unlawful purpose
- Use the Services to violate any privacy, anti-spam, anti-fraud, anti-discrimination, consumer protection, telecommunications, or other applicable law
- Use the Services in connection with any activity that could constitute or facilitate computer fraud, identity theft, or other criminal activity
Violation of any of these restrictions is a material breach of these Terms and may result in immediate suspension or termination of your Account, in addition to any other remedies available to us.
9. Third-Party Services
9.1 General
The Services interoperate with Third-Party Services, including LinkedIn, Stripe, Resend, Anthropic, OpenAI, and others. We are not responsible for any Third-Party Service or its policies, terms, or practices. Your use of any Third-Party Service is at your own risk and governed by the agreement between you and the provider of that Third-Party Service.
9.2 LinkedIn Specifically
The Services are designed to operate alongside your LinkedIn account, primarily through our Chrome extension. You acknowledge and agree:
- LinkedIn is owned by LinkedIn Corporation (a subsidiary of Microsoft) and is not affiliated with, endorsed by, or sponsored by SocialScalr.
- Your use of LinkedIn is governed by LinkedIn's own terms of service, including LinkedIn's User Agreement and Professional Community Policies. You are solely responsible for your compliance with those terms.
- LinkedIn may, at any time, change its platform, terms, or policies in ways that affect the Services. We make no guarantee that the Services will continue to function with LinkedIn at any particular performance level.
- LinkedIn may, at any time and at its sole discretion, restrict, suspend, or terminate your LinkedIn account. We are not responsible for any such action by LinkedIn. We provide rate limits and account-health monitoring designed to reduce the risk of LinkedIn action against your account, but we do not guarantee that LinkedIn will not act.
- You acknowledge that automated activity on LinkedIn carries inherent risk to your LinkedIn account, and you assume that risk.
9.3 Stripe
Payment processing for the Services is handled by Stripe, Inc. Your provision of payment information is subject to Stripe's terms of service and privacy policy. We do not store full payment card numbers.
9.4 AI Providers
Our AI features (post writer, auto-commenter, message assist, and similar) are powered by third-party AI providers including Anthropic and OpenAI. Your use of AI features is subject to those providers' acceptable use policies, in addition to these Terms. By default, our AI provider agreements prohibit those providers from training their models on your inputs.
10. Chrome Extension
10.1 Installation and License
To install the SocialScalr Chrome extension, you must accept the permissions disclosed at install time. The Chrome extension is licensed to you under the same terms as the rest of the Services.
10.2 Updates
The Chrome extension is automatically updated through the Chrome Web Store. You agree to receive automatic updates, which may include security fixes, bug fixes, and new features. We may, in our sole discretion, require you to upgrade to a current version of the extension to continue using the Services.
10.3 Permissions
The Chrome extension requires certain browser permissions to function, as disclosed in our extension listing and Privacy Policy. By installing, you grant the extension those permissions for the purposes described.
10.4 LinkedIn Session Handling
The Chrome extension operates within your existing authenticated LinkedIn browser session. We do not request, store, or transmit your LinkedIn password. Your LinkedIn session credentials remain in your browser.
10.5 Removal
You may remove the Chrome extension at any time through your browser's extension management page. Removing the extension does not cancel your subscription; cancel separately through your account settings.
11. Acceptable Use Policy
This Section 11 is an Acceptable Use Policy and is incorporated by reference into these Terms. Violation is a material breach.
11.1 Prohibited Activities
You will not use the Services to:
(a) Spam and unsolicited communications:
- Send unsolicited commercial email in violation of the CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), the EU ePrivacy Directive, or any other anti-spam law
- Send messages to recipients who have opted out, requested removal, or otherwise indicated they do not wish to receive communications from you
- Use deceptive subject lines, false sender information, or misleading headers
- Fail to include a working unsubscribe mechanism in marketing emails as required by law
- Fail to honor an unsubscribe request within the time required by applicable law (10 business days under CAN-SPAM)
(b) Harassment, abuse, and illegal content:
- Send messages containing harassing, defamatory, threatening, abusive, or fraudulent content
- Target individuals for harassment campaigns
- Distribute content that promotes or glorifies hate, violence, terrorism, child exploitation, or other illegal activity
- Distribute content that violates applicable law regarding discrimination on protected characteristics
(c) Fraud and deception:
- Impersonate any person or entity
- Misrepresent your identity, affiliation, or purpose
- Use the Services for phishing, pretexting, or other social engineering
- Use the Services to facilitate fraud, scams, or pyramid schemes
- Make false or unsubstantiated claims about products or services
(d) Privacy and data protection violations:
- Collect personal information without a lawful basis and proper disclosure
- Process personal information beyond what is necessary for legitimate business purposes
- Disclose personal information to third parties without authorization
- Use the Services to stalk, harass, or surveil individuals in violation of law
- Fail to honor data subject requests under applicable privacy laws
(e) Intellectual property infringement:
- Use the Services to infringe any patent, copyright, trademark, trade secret, right of publicity, or other intellectual property right
- Use the Services to circumvent technical protection measures
- Use the Services to distribute counterfeit goods or services
(f) Security violations:
- Attempt to gain unauthorized access to any system, account, or data
- Attempt to test, probe, or scan the Services or any system for vulnerabilities (security research must be coordinated through our responsible disclosure program)
- Distribute malware
- Interfere with service to others through denial-of-service attacks, resource exhaustion, or similar
- Use the Services to launch attacks against any third party
(g) Regulated industries and content:
- Use the Services to market products or services in regulated industries (pharmaceuticals, medical devices, financial products, securities, gambling, firearms, controlled substances) without complying with applicable regulations
- Use the Services to provide individualized medical, legal, financial, or other regulated professional advice (you may, of course, use the Services as part of providing your own professional services to your own clients, but the Services themselves do not provide such advice)
(h) Sanctioned activities:
- Use the Services in violation of US, EU, UK, or other applicable economic sanctions
- Use the Services to do business with sanctioned persons, entities, or countries
- Use the Services to facilitate money laundering or terrorist financing
11.2 Telephone Consumer Protection Act (TCPA)
If you use the Services in a manner that involves sending text messages or making telephone calls, you are solely responsible for compliance with the TCPA, including obtaining required consent from recipients and honoring opt-out requests. We do not currently provide SMS or voice features, but if you integrate the Services with such features through our APIs, the responsibility is yours.
11.3 AI-Generated Content
When you use AI features to generate content (posts, comments, messages, summaries):
- You acknowledge that AI-generated content may contain inaccuracies, errors, or bias
- You are solely responsible for reviewing AI-generated content before publication or transmission
- You are solely responsible for ensuring AI-generated content complies with applicable law and this Acceptable Use Policy
- You may not use AI features to generate content that violates Section 11.1
- You may not represent AI-generated content as having been created by a specific human (such as a real public figure) without that person's consent
- We may apply automated content moderation that may block certain AI outputs; we do not guarantee that all violating content will be blocked, and your obligation to review remains regardless
11.4 Enforcement
We reserve the right to investigate suspected violations. We may, in our sole discretion:
- Issue a warning
- Suspend specific features
- Suspend the Account
- Terminate the Account
- Cooperate with law enforcement (with notice to you unless prohibited by law or court order)
- Take any other action we consider appropriate
We are not obligated to monitor your use of the Services but may do so to enforce these Terms.
12. CAN-SPAM Compliance
If you use the Services to send commercial email (whether through our APIs, integrations, or features), you must comply with the CAN-SPAM Act (15 U.S.C. section 7701 et seq.) and similar laws in other jurisdictions. This includes:
12.1 Required Elements
Every commercial email you send through or using the Services must include:
- Accurate header information (From, To, Reply-To, routing) identifying the actual sender
- A truthful subject line that is not deceptive or misleading
- A clear identification that the message is an advertisement (where the primary purpose is commercial)
- Your valid physical postal address
- A clear and conspicuous opt-out mechanism (an unsubscribe link or instructions)
- Honor of opt-out requests within 10 business days
- No transfer of opt-out lists to third parties for re-use
12.2 SocialScalr Compliance Provisions
We do not act as a sender of your commercial email under CAN-SPAM. You are the sender. You are solely responsible for:
- Including your physical postal address in messages
- Honoring opt-outs
- Maintaining opt-out lists
- Not adding individuals to your campaigns who have opted out
We may, but are not obligated to, provide tools to assist with these obligations, such as auto-injection of an unsubscribe footer or maintenance of suppression lists. Use of these tools does not transfer responsibility to us.
12.3 Penalties
CAN-SPAM violations carry penalties of up to $51,744 per email (as adjusted for inflation). We will cooperate with law enforcement investigations of CAN-SPAM violations and may terminate your Account.
13. Customer Content
13.1 Your Ownership
You retain all rights to your Customer Content. We do not claim ownership of your Customer Content.
13.2 License to SocialScalr
You grant SocialScalr a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, reproduce, modify (for technical purposes such as format conversion), and process your Customer Content solely for the purpose of providing the Services to you. This license:
- Is limited to the actions necessary to operate the Services
- Does not include the right to use your Customer Content for marketing or training AI models
- Terminates when you delete the Customer Content from the Services or when your Account terminates (subject to legal retention requirements)
13.3 Customer Representations
You represent and warrant that:
- You have all rights necessary to upload, store, and process your Customer Content through the Services
- Your Customer Content does not infringe any third party's intellectual property rights
- Your Customer Content does not violate any applicable law
- Where Customer Content includes personal information about third parties, you have a lawful basis for processing it (such as legitimate interest under GDPR or compliance with applicable US state privacy laws)
- You have provided required notices to those third parties
13.4 Removal of Content
We may, in our sole discretion, remove or refuse to host Customer Content that:
- Violates these Terms
- Infringes intellectual property rights
- Violates applicable law
- Subjects us to liability
- Is the subject of a DMCA notice (see Section 20)
We will notify you of any such removal where reasonably practicable.
13.5 Backup
You are responsible for maintaining backups of your Customer Content. While we maintain backups for service continuity, those backups are not a substitute for your own records.
14. Data Retention and Deletion
14.1 Active Account
While your Account is active, we retain your Customer Content according to the categories described in our Privacy Policy and your retention configuration.
14.2 Termination
Upon termination, your Customer Content enters a 30-day retention window during which you can export it. After this window:
- Active Customer Content is deleted within 30 days
- Backups age out per our backup retention policy (30 days)
- Information we are legally required to retain (such as billing records) is retained for the required period
14.3 Data Subject Requests
We process data subject requests as described in our Privacy Policy. For requests directed at Customer Content (where SocialScalr acts as a processor on your behalf), we will route requests to you or, with your authorization, fulfill them directly.
15. Security
We maintain a security program designed to protect the Services and your Customer Content. Our security measures are described in our Security Overview at https://socialscalr.com/security and in our Data Processing Addendum where applicable. We make no warranty of perfect security and you acknowledge that no system can be guaranteed against all attacks.
If you believe you have discovered a security vulnerability in the Services, please report it to [email protected]. We commit to responding within 5 business days and to acting in good faith on legitimate findings. We will not pursue legal action against security researchers who comply with our responsible disclosure policy.
16. Privacy
Your use of the Services is also governed by our Privacy Policy at https://socialscalr.com/legal/privacy, which is incorporated by reference into these Terms.
For Customers whose use of the Services involves processing personal data of EU, UK, California, or other regulated persons, our Data Processing Addendum at https://socialscalr.com/legal/dpa applies. The Data Processing Addendum is automatically incorporated for any Customer subject to such privacy laws and need not be separately signed unless an Order Form requires it.
17. Beta Features
From time to time, we make beta features available. Beta features:
- Are provided "as is" and may be unstable
- May be modified, removed, or discontinued at any time
- May have known issues
- Are not subject to any service level agreement
- May be subject to additional terms presented at the time of opt-in
- Should not be relied upon for production use
You agree that your use of beta features is at your own risk.
18. Feedback
If you provide us with suggestions, ideas, enhancement requests, recommendations, or other feedback about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and incorporate the Feedback into our products and services without compensation to you or any obligation. You waive any rights you may have to be identified as the source of any Feedback.
19. Intellectual Property
19.1 SocialScalr's Intellectual Property
The Services, including all underlying software, designs, text, graphics, logos, trademarks, service marks, trade names, and the look and feel of socialscalr.com and the dashboard, are owned by SocialScalr or our licensors and are protected by intellectual property laws. Except for the limited license in Section 7, nothing in these Terms transfers any Intellectual Property Rights to you.
The names "SocialScalr," "WETYR," and our logos are our trademarks. You may not use them without our prior written consent, except in factually accurate references to our company and Services.
19.2 Customer Content
Customer Content is governed by Section 13.
19.3 LinkedIn Trademarks
"LinkedIn" and related marks are trademarks of LinkedIn Corporation. Our use of LinkedIn marks in our marketing materials is for descriptive purposes only and does not imply endorsement. We disclaim any affiliation with or endorsement by LinkedIn.
19.4 Open Source
The Services may include components licensed under open source licenses. Attribution and license texts are available at https://socialscalr.com/legal/open-source.
20. DMCA / Copyright Infringement Notifications
We respect intellectual property rights and comply with the Digital Millennium Copyright Act ("DMCA"). This Section describes how to notify us of alleged infringement and how to file a counter-notice.
20.1 Notice of Infringement
If you believe Customer Content hosted on our Services infringes your copyright, send a notice to our designated DMCA agent containing the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material claimed to be infringing, with information reasonably sufficient to allow us to locate it (such as URL or specific path)
- Your contact information (name, address, telephone number, email)
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner
Send notices to:
DMCA Designated AgentWETYR Corporation (d/b/a SocialScalr)
Email: [email protected]
Our DMCA agent is registered with the United States Copyright Office. See https://www.copyright.gov/dmca-directory/.
20.2 Counter-Notice
If you receive notification that Customer Content you submitted has been removed in response to a DMCA notice and you believe the removal was in error, you may submit a counter-notice containing:
- Your physical or electronic signature
- Identification of the material removed and the location at which it appeared before removal
- A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification
- Your name, address, telephone number
- A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if outside the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification
Upon receipt of a valid counter-notice, we may restore the removed material in 10 to 14 business days unless the original notifier files an action seeking a court order.
20.3 Repeat Infringer Policy
We will terminate the Accounts of users who are determined to be repeat infringers of copyright in appropriate circumstances. A user may be deemed a repeat infringer if they receive multiple valid DMCA notices, where "multiple" means three or more in a 12-month period unless circumstances warrant a different threshold.
20.4 Bad Faith Notices
Misrepresentations in a DMCA notice or counter-notice may give rise to liability for damages under 17 U.S.C. section 512(f). Please contact a lawyer if you have questions about your rights.
20.5 Trademark, Patent, and Other IP Infringement
If you believe content on our Services infringes a trademark, patent, or other intellectual property right (other than copyright), email [email protected] with:
- Your contact information
- Identification of the right allegedly infringed (such as trademark registration number)
- Identification of the allegedly infringing content
- A statement of why the content is infringing
- Your good faith belief and accuracy attestation under penalty of perjury
21. Disclaimers
21.1 As-Is Provision
The Services are provided "as is" and "as available" without warranty of any kind, whether express, implied, statutory, or otherwise, to the maximum extent permitted by applicable law. SocialScalr specifically disclaims all implied warranties, including warranties of:
- Merchantability
- Fitness for a particular purpose
- Title
- Non-infringement
- Quiet enjoyment
- Accuracy of data
- System integration
21.2 Specific Disclaimers
Without limiting the generality of Section 21.1, SocialScalr makes no warranty that:
- The Services will meet your requirements
- The Services will be uninterrupted, timely, secure, or error-free
- Any information obtained through the Services will be accurate or reliable
- Defects in the Services will be corrected
- The Services or any servers used by us are free of viruses or other harmful components
- The Services will continue to operate with any third-party service (including LinkedIn) in any particular manner
21.3 LinkedIn-Specific Disclaimer
We do not guarantee that use of the Services will not result in any action by LinkedIn against your LinkedIn account, including restriction, suspension, or termination. We do not guarantee any particular result from using the Services, including any particular number of connections, messages, responses, leads, or revenue. The effectiveness of outreach depends on your content, audience, and many factors outside our control.
21.4 AI Output Disclaimer
Content generated by our AI features may be inaccurate, incomplete, offensive, biased, or otherwise objectionable. We disclaim all liability for AI-generated content. You are responsible for reviewing and verifying AI outputs before use.
21.5 Limitations Under Law
Some jurisdictions do not allow the exclusion of certain warranties or conditions. The disclaimers in this Section apply to the maximum extent permitted by applicable law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
22. Limitation of Liability
22.1 Exclusion of Indirect Damages
To the maximum extent permitted by applicable law, in no event will SocialScalr, its affiliates, officers, directors, employees, agents, or licensors be liable to you for any:
- Indirect, incidental, special, exemplary, punitive, or consequential damages
- Lost profits, lost revenues, lost business, or lost opportunity
- Loss of data or interruption of business
- Loss of goodwill or reputation
- Damages arising from your inability to use the Services
- Damages arising from LinkedIn action against your LinkedIn account
- Damages arising from Third-Party Services
Whether based on breach of contract, tort (including negligence), strict liability, or any other theory, and whether or not we have been advised of the possibility of such damages.
22.2 Aggregate Cap
To the maximum extent permitted by law, the total cumulative liability of SocialScalr (and its affiliates, officers, directors, employees, agents, and licensors) arising out of or relating to this Agreement or the Services will not exceed the greater of:
- (a) The total Fees you paid to us for the Services in the twelve (12) months preceding the first event giving rise to the claim, or
- (b) One hundred US dollars (US$100)
This limitation applies in aggregate across all claims, regardless of the form of action.
22.3 Essential Purpose
You acknowledge that the limitations in this Section 22 are a fundamental basis of the bargain between you and SocialScalr and that the Fees we charge reflect these limitations. Without these limitations, we would not provide the Services at the Fees charged.
22.4 Limitations Under Law
Some jurisdictions do not allow the exclusion or limitation of certain damages. The limitations in this Section apply to the maximum extent permitted by applicable law. Nothing in these Terms limits liability that cannot be limited under applicable law (such as liability for fraud, gross negligence, or willful misconduct where such limitation is prohibited).
23. Indemnification
23.1 Indemnification by You
You agree to defend, indemnify, and hold harmless SocialScalr, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorneys' fees and costs) arising from or relating to:
- Your access to or use of the Services
- Your Customer Content
- Your violation of any term of this Agreement
- Your violation of any third-party right, including any intellectual property, publicity, privacy, or contractual right
- Your violation of any applicable law, including without limitation:
- Anti-spam laws (CAN-SPAM, CASL, GDPR direct marketing rules, ePrivacy Directive)
- Privacy and data protection laws (GDPR, CCPA, other US state privacy laws, international privacy laws)
- Telemarketing laws (TCPA, state versions)
- Consumer protection laws
- Anti-discrimination laws
- Any claim that your use of the Services caused damage to a third party, including any LinkedIn user
- Any LinkedIn action taken against any LinkedIn account in connection with your use of the Services
- Your AI-generated content or your use of AI features
- Any breach of your representations and warranties in Section 13
- Your failure to honor an opt-out or data subject request you receive from a third party
This indemnification obligation will survive termination of this Agreement.
23.2 Indemnification by SocialScalr
Subject to the limitations in Section 22, SocialScalr will defend you against any claim by a third party alleging that the Services, as provided by us and as used by you in accordance with this Agreement, infringe a US patent, US trademark, US copyright, or trade secret, and will pay damages finally awarded against you (or settlement amounts agreed to by us) attributable to such claim, provided that:
- You promptly notify us in writing of the claim
- You give us sole control of the defense and settlement
- You provide reasonable assistance at our expense
- You do not make any admission or settlement without our consent
If we believe the Services may be the subject of an infringement claim, we may, at our option:
- Modify the Services to be non-infringing
- Procure a license for your continued use
- Terminate the affected portion of the Services and refund prepaid Fees for the unused portion
We have no indemnification obligation for claims arising from:
- Use of the Services in combination with non-SocialScalr products
- Use of the Services in violation of this Agreement
- Use of any beta features
- Modifications to the Services made by anyone other than us
- Customer Content
- Use of the Services other than for the purposes described in the Documentation
The foregoing is your sole and exclusive remedy and our sole liability for infringement claims.
23.3 Defense
The party with the indemnification obligation has the right to control the defense and settlement, except that settlement that requires admission of liability by, or imposes obligations on, the other party requires that party's consent (not unreasonably withheld).
24. Dispute Resolution; Binding Arbitration
24.1 Informal Resolution
Before filing any claim against the other party, the claiming party will attempt to resolve the dispute informally. The claiming party will send a written notice describing the dispute, the basis, and the relief sought, to [email protected] (if you are the claimant) or to the email address associated with your Account (if we are the claimant). The parties will attempt in good faith to resolve the dispute through discussion for at least 60 days before initiating arbitration.
24.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services that is not resolved through informal resolution will be resolved by binding arbitration rather than in court, except that you or we may bring claims in small claims court if those claims qualify.
The arbitration will be conducted by JAMS (https://www.jamsadr.com) under its Streamlined Arbitration Rules and Procedures (or the Comprehensive Arbitration Rules if the amount in controversy exceeds $250,000), as modified by this Agreement.
The arbitration will be conducted by a single arbitrator. The arbitrator will be an attorney with at least 10 years' experience in commercial disputes or a retired judge.
The seat of the arbitration will be Brevard County, Florida. The arbitration may be conducted in person, by video, by telephone, or by written submissions, as agreed by the parties or determined by the arbitrator.
The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or part of this arbitration agreement is void or voidable.
24.3 Class Action Waiver
You and SocialScalr agree that any arbitration or legal proceeding will be limited to the dispute between us and you individually. To the fullest extent permitted by law:
- No arbitration or proceeding will be joined with any other
- There is no right or authority for any dispute to be arbitrated or litigated on a class-action basis or to use class-action procedures
- There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons
If a court or arbitrator decides that any part of this class action waiver is unenforceable for a particular claim, then that particular claim will be severed from the arbitration and brought in court, but the remaining claims will proceed in arbitration on an individual basis.
24.4 Jury Trial Waiver
You and SocialScalr each waive the right to a trial by jury for any dispute that proceeds in court rather than arbitration.
24.5 Opt-Out Right
You may opt out of the arbitration agreement and class action waiver in this Section 24 by sending written notice to [email protected] within 30 days of your initial agreement to these Terms. Your opt-out notice must include your name, mailing address, the email address associated with your Account, and a clear statement that you are opting out of arbitration. If you opt out, neither party will be bound by Sections 24.2 and 24.3, and disputes will be resolved in court as provided in Section 28.
24.6 Exceptions
Notwithstanding the above:
- Either party may bring claims in small claims court if they qualify
- Either party may seek injunctive or other equitable relief in court to protect intellectual property or confidential information
- Either party may bring an individual action in any forum required by applicable consumer protection law
24.7 Costs of Arbitration
Each party will bear its own attorneys' fees and costs, except:
- The arbitrator may award attorneys' fees and costs to the prevailing party if expressly permitted by applicable law
- If your claim is for $10,000 or less, we will pay all JAMS filing, administrative, and arbitrator fees, unless the arbitrator finds your claim frivolous
24.8 Survival
This Section 24 survives termination of this Agreement.
25. Equitable Relief
You acknowledge that any breach of Sections 7 (License), 8 (Restrictions), 11 (Acceptable Use), 13 (Customer Content), 19 (Intellectual Property), or any breach involving our Confidential Information, may cause irreparable harm for which monetary damages are inadequate. We may seek injunctive or other equitable relief without bond and without proof of irreparable harm.
26. Confidentiality
Each party may have access to information of the other that is identified as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Each party agrees:
- To use the other's Confidential Information only as necessary to perform under this Agreement
- To protect the other's Confidential Information with the same degree of care it uses for its own confidential information of similar importance, but no less than a reasonable degree of care
- Not to disclose the other's Confidential Information except to employees, agents, and contractors who need to know and are bound by confidentiality obligations no less protective than these
Confidential Information does not include information that:
- Is or becomes publicly known through no fault of the receiving party
- Was rightfully in the receiving party's possession before disclosure
- Was independently developed without use of the other's Confidential Information
- Was rightfully disclosed by a third party without confidentiality obligation
This Section survives termination for 3 years.
27. Force Majeure
Neither party will be liable for any failure or delay in performance (other than payment obligations) due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, pandemic or epidemic, governmental restrictions, cyberattacks, internet failures, or failures of third-party services not under the party's control. The affected party will use reasonable efforts to resume performance and will notify the other party of the cause and expected duration.
28. Governing Law and Venue
These Terms and any dispute arising out of or related to these Terms or the Services are governed by the laws of the State of Florida, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For any dispute that is not subject to arbitration under Section 24 (including any dispute where the arbitration agreement is found unenforceable), you and SocialScalr agree to the exclusive jurisdiction of the state and federal courts located in Brevard County, Florida, and waive any objection based on inconvenient forum or lack of personal jurisdiction.
If you are a resident of the European Union or the United Kingdom, you may also bring claims in the courts of your country of residence as required by applicable consumer protection law. If you are a resident of California, the choice of law in this section does not deprive you of the protection afforded to you by mandatory provisions of California law.
29. Export Controls
The Services and any related technology are subject to United States export control laws and may be subject to export or import regulations in other countries. You agree to comply with all applicable export and import laws. You will not, directly or indirectly:
- Export, re-export, or transfer the Services to any prohibited country, person, or entity
- Use the Services for any purpose prohibited by US export control laws, including nuclear, chemical, or biological weapons proliferation
- Permit any third party to do any of the foregoing
You represent and warrant that you are not located in, or a national of, any country that is subject to a US Government embargo, and that you are not on any US Government list of restricted persons.
30. Anti-Corruption
You will comply with all applicable anti-corruption laws, including the US Foreign Corrupt Practices Act and the UK Bribery Act. You will not, directly or indirectly, offer, promise, or pay any bribe, kickback, or other improper payment to any government official or any other person in connection with the Services.
31. Government Use
If you are a US federal, state, or local government entity, the Services are "Commercial Items" as defined in 48 C.F.R. section 2.101 and are licensed to you only with the rights set forth in these Terms. By using the Services, you agree to be bound by these Terms.
32. Entire Agreement; Severability; Waiver
32.1 Entire Agreement
These Terms (together with the Privacy Policy, any Order Form, the Data Processing Addendum where applicable, and any other agreements expressly incorporated by reference) constitute the entire agreement between you and SocialScalr regarding the Services and supersede all prior agreements, communications, and understandings, whether oral or written, regarding the subject matter.
32.2 Severability
If any provision of these Terms is found unenforceable by a court or arbitrator, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, severed from these Terms. The remaining provisions will continue in full force and effect.
32.3 No Waiver
A party's failure to enforce any provision of these Terms is not a waiver of that provision. A waiver of any provision must be in writing and signed by the waiving party.
32.4 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights, except that our affiliates may enforce Sections 21, 22, 23, and any provision specifically referencing them.
32.5 Assignment
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. Any attempted assignment in violation of this Section is void.
We may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of substantially all assets, or to an affiliate, without your consent. We will provide notice of any such assignment.
32.6 Independent Contractors
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship.
32.7 Notices
Notices to you may be provided by:
- Email to the address associated with your Account
- Posting on socialscalr.com
- In-product notification
Notices to SocialScalr must be sent to [email protected] and (for legal process) to:
WETYR Corporation (d/b/a SocialScalr)Attn: Legal Department
Florida, USA
Notices are effective on the date they are sent (for email) or the date posted (for website notices).
32.8 Headings
Section headings are for convenience only and do not affect the interpretation of these Terms.
32.9 Interpretation
"Including" means "including without limitation." "Or" is inclusive. Pronouns of any gender include all genders. References to laws, regulations, or agreements include amendments and successor versions.
32.10 English Language
These Terms are in English. Any translation is provided for convenience. In the event of any inconsistency between the English version and a translation, the English version controls.
33. Contact Information
For questions or notices about these Terms, contact us at:
- General inquiries: [email protected]
- Legal: [email protected]
- Privacy: [email protected]
- Security: [email protected]
- DMCA: [email protected]
- Abuse: [email protected]
- Billing: [email protected]
Mailing address:
WETYR Corporation (d/b/a SocialScalr)Florida, USA
34. State-Specific Provisions
34.1 California Residents
California residents are entitled to specific consumer rights notices under California Civil Code Section 1789.3. To contact us regarding complaints, contact us at the addresses above. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
34.2 New Jersey Residents
If you are a New Jersey resident, the limitations of liability in these Terms do not apply to the extent prohibited by New Jersey law, including the New Jersey Truth in Consumer Contract, Warranty and Notice Act.
34.3 Other State Provisions
Other state-specific provisions may apply to residents of certain states as required by law. Where state law conflicts with these Terms, state law controls only to the extent of the conflict and only with respect to residents of that state.
End of Terms of Service. By using the Services, you acknowledge that you have read these Terms, understood them, and agreed to be bound by them.
Companion policies: Privacy Policy - Cookie Policy - Data Processing Addendum - Acceptable Use