Terms of Service

1. Who provides the service

Scalephant is provided by Scalephant Oy, a company registered in Finland.

2. Eligibility and your account

You must be at least 18 and able to enter a binding contract. You are responsible for keeping your credentials safe and for what happens under your account. Turn on two-factor authentication if you can.

If you think someone else has reached your account, write to support@scalephant.io.

3. What the service does

Scalephant plans, creates and operates online advertising on your behalf, within the budget and the guardrails you set, on the advertising platforms you connect.

Features are released in stages. What is available to your account at any time is what you see in the product.

4. Your responsibilities

• You must hold the rights to everything you advertise, including your brand, images and claims.
• If you bring your own images showing people, you must have their consent or another basis for using the images in advertising, and for sending them to AI as references if you allow that.
• You are responsible for the legality of your advertising in every market where it runs.
• You must follow each advertising platform's own policies. Your accounts on those platforms remain yours; we operate them under the access you grant us.
• You may not use Scalephant for content that is illegal, deceptive, hateful or sexually explicit, that concerns weapons or illicit drugs, or that infringes someone else's rights.

5. Automation and AI-generated content

Scalephant makes decisions automatically: it can write copy, choose audiences and adjust budgets without asking first. Automated output can be wrong.

To do this, Scalephant sends your product, website and campaign text to the AI providers named in the Privacy Policy. Do not put sensitive personal data, such as health information, in your product descriptions or ad texts.

You are the publisher of every advertisement that runs through your account and you remain responsible for reviewing the campaigns we run for you. You can pause the autopilot, or any individual campaign, at any time.

When you choose to bring the ad texts or images yourself, Scalephant does not write or make them for you automatically. When your ads start to tire, we tell you in the app and by e-mail and ask for new content or offer AI help. The ads you add yourself are your content: we check them against the platforms' format rules, but you remain responsible for what they claim.

6. Subscriptions, fair use and billing

Plans are priced by the number of campaigns you can run at once. Starter includes 20 additional manually requested images and 15 additional text-generation batches per monthly billing period, separately from the initial campaign assets and automatic optimization. A text-generation batch means one request, which may produce multiple ad variants; replacing one text is also one batch. These two Starter allowances are separate and cannot be exchanged. Other manual AI tools retain the plan's weighted fair-use allowance shown in Billing. Automatic optimization does not consume manual fair use. The free plan includes limited manual AI use and a 14-day full-autopilot trial; when the trial ends, campaigns keep running while autopilot and AI work pause until you subscribe.

No plan bills automatically for overage. Manual AI work may pause at its fair-use limit until renewal or an agreed plan change; contact support if you need more. Included automatic optimization has separate bounded background capacity relative to the plan price. If that capacity is exhausted, optional new AI work waits; existing ads are not rewritten and budget safety checks continue. These internal limits do not increase your subscription or advertising budget.

Growth retains a shared weighted allowance equivalent to 600 generated images or 200 text-generation batches per renewal when used only for that task. Scale 25 and Scale 50 each retain the equivalent of 1,200 images or 400 text batches. These are alternatives from the same pool, not separate entitlements: mixed use and other manual AI tools consume it proportionally. The Free allowance is granted once and is equivalent to 60 images or 20 text batches, subject to the trial's access rules. Initial assets on these plans retain their existing accounting; Starter's separate additional-creative allowances do not lower those plans' limits.

Subscription fees are billed in advance through Stripe and are not refundable except where the law requires it. Consumers in the EU keep their statutory 14-day right of withdrawal where it applies; that right ends once you ask us to start providing the service and acknowledge losing it.

7. Advertising spend

You pay the advertising platforms directly for media, under your own billing arrangement with them. Your Scalephant subscription does not include advertising spend, and we are not liable for it, for billing disputes with a platform, or for a platform suspending your account.

8. Data protection

When we process personal data on your behalf, for example data you upload for remarketing, we act as processor and you as controller within the meaning of the GDPR. When we process your own data as a Scalephant user, we are the controller. Our Privacy Policy explains both.

You can export your data or delete your account at any time from Settings → Privacy.

Shared learning is intended to improve advertising optimization for all Scalephant users as part of the service, without a separate participation setting. Only genuinely anonymous, general aggregate patterns may be used for this purpose, not identifiers, original customer ad copy, confidential business facts or individual outcomes. Such anonymous patterns may be retained after account deletion. The service automatically refreshes anonymous aggregate patterns only when contributor and dominance safeguards pass; insufficient data produces no shared result. These terms do not replace the GDPR requirements for personal source data or its anonymization.

9. Intellectual property

You keep ownership of your brand assets, what you upload and the output generated for you. You grant us a worldwide, non-exclusive, royalty-free licence to host, display, adapt and transmit that content as far as running the service for you requires, including sending it to the advertising platforms you connect, cropping and converting images into the formats the platforms require, and, if you allow it, sending your own images to the AI providers named in the Privacy Policy as references.

We keep all rights in the platform itself, its software and its models, and in aggregated, anonymised performance data we use to improve the service.

10. Ending the agreement

You can cancel at any time; the cancellation takes effect at the end of the billing period you have paid for. Deleting your account stops the renewal and takes effect at the end of that period; you can withdraw the request until then.

We may suspend or end an account that breaks these terms. If we discontinue the service, we will give at least 30 days' notice by e-mail and in the product, wind down running campaigns in an orderly way, and refund prepaid fees for the period after the discontinuation date on a pro rata basis.

11. Warranties

The service is provided as it is and as available. We do not promise a particular level of advertising performance, a conversion rate or a return on ad spend. Statutory consumer rights are unaffected.

12. Limitation of liability

Our total liability relating to the service in any twelve-month period is limited to the subscription fees you actually paid us during that period. We are not liable for indirect or consequential loss, lost profit, or advertising spend on third-party platforms. Nothing here limits liability for fraud, gross negligence, or death or personal injury caused by negligence.

13. Indemnity

You will cover us against third-party claims arising from your content, your products or your breach of these terms or of a platform's policies, except to the extent the claim arises from our own breach.

14. Changes

We may change the service and these terms. Material changes are announced in the product or by e-mail at least 14 days before they take effect, unless the law or a security matter requires a shorter notice.

15. Law and disputes

These terms are governed by Finnish law, without its conflict-of-laws rules. Disputes are heard by the courts of Helsinki, Finland. Consumers in the EU may also sue in their country of residence and may use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.

16. Contact

Questions about these terms: support@scalephant.io.