Legal · Last updated 27 September 2026
Terms of Service
These terms apply to ScaleIO, a go-to-market platform provided by Scalemind Consulting (Pty) Ltd ("Scalemind", "we"), and to the businesses that subscribe to it ("Customer", "you") and their users. A signed order form or proposal forms part of these terms. If they conflict, the order form wins.
1. The service
ScaleIO provides a set of tools (strategy, ads management, content, calendar, an AI agent, pipeline, forms and reporting) on a dedicated instance for each Customer, plus the onboarding and support set out in the order form. We may improve and change features. We will not materially reduce the core features a Customer has paid for during a paid term.
2. Accounts and users
- You are responsible for your users, for keeping log-in details safe, and for everything done under your account.
- You must give accurate information and tell us promptly about any unauthorised use.
3. Your responsibilities
- Lawful messaging. You must have the consent or other lawful basis POPIA requires to contact people and to process their information. On WhatsApp you must follow the WhatsApp Business Messaging Policy, including its opt-in rules.
- Platform rules. Your use of Facebook, Instagram, WhatsApp, Google, LinkedIn and any other connected service must follow that platform's terms and policies.
- Content. You are responsible for what you publish, send and advertise through ScaleIO, including content drafted by AI that you or your users approve.
- No abuse. No spam, unlawful, misleading or harmful content, no attempts to break or overload the service, and no reverse-engineering, except as the law allows.
4. AI output
ScaleIO uses AI to draft replies, content, ads and analysis. AI output can be wrong. ScaleIO is designed so that a person approves anything that goes to the public or to your contacts, unless you choose to switch on automatic replies for routine questions. You remain responsible for checking and approving output, and for the replies you enable.
5. Fees and payment
- Fees are set out in the order form: typically a once-off setup fee and a monthly subscription, in South African rand and excluding VAT.
- Invoices are payable within 7 days. Monthly fees are billed in advance.
- Third-party costs such as ad spend, WhatsApp conversation charges and any AI usage above your plan's allowance are paid by you directly or recharged at cost, as the order form states.
- We may suspend the service if an invoice is more than 30 days overdue, after giving you written notice.
6. Term and ending
- The subscription runs for the term in the order form and then continues month to month until either party gives 30 days' written notice.
- Either party may end the agreement immediately if the other materially breaches it and does not fix the breach within 14 days of written notice.
- On request within 30 days of ending, we will export your data in a standard format. We then delete it as our privacy policy describes.
7. Data protection
For personal information you process through ScaleIO, you are the responsible party and Scalemind is your operator under POPIA. We process it only on your instructions, keep it secure and confidential, use the sub-operators listed in our privacy policy, tell you without undue delay about any security compromise, and help you respond to data subject requests.
8. Intellectual property
- Yours: your data, your brand assets and the content you create, including approved AI-generated content, are yours.
- Ours: ScaleIO itself (its software, design, templates and know-how) belongs to Scalemind. We give you a right to use it during your subscription.
- If you send us suggestions, we may use them without obligation.
9. Confidentiality
Each party keeps the other's non-public business information confidential and uses it only for this agreement, unless it is already public or the law requires disclosure.
10. Availability and support
We aim to keep ScaleIO available around the clock and monitor every instance. Planned maintenance is done outside business hours where possible. Service levels, if any, are in the order form. We depend on third-party platforms, such as Meta, Google and Microsoft, whose outages or policy changes are outside our control.
11. Liability
- ScaleIO is provided with reasonable skill and care. We do not guarantee particular sales, leads or advertising results.
- To the extent the law allows, neither party is liable for indirect or consequential loss, or lost profits.
- Each party's total liability in any 12-month period is limited to the fees paid or payable in that period.
- These limits do not apply to fraud, wilful misconduct, or your payment obligations.
12. General
- These terms are governed by the law of the Republic of South Africa, and the courts of the Western Cape have jurisdiction.
- We may update these terms. Material changes take effect 30 days after we notify you.
- Neither party may transfer the agreement without the other's consent, except to a successor business.
- If one part of these terms is unenforceable, the rest still applies.
13. Contact
Scalemind Consulting (Pty) Ltd, registration number 2024/306582/07, 48 Beach Road, Noordhoek, Cape Town, Western Cape, 7979 · hello@scaleio.ai