Parties & definitions.
"Scalable", "we", "our" — Scalable S.L., Calle Serrano 41, 28001 Madrid, Spain (CIF B-87.432.198). "You", "Customer" — the legal entity entering into these Terms by signing up for an account or signing an order form. "Service" — the Scalable platform: dashboard, CLI, regions, managed databases, observability, and support. "Customer Data" — anything you push to or run on the Service. "DPA" — the Data Processing Agreement, included by reference and downloadable from §6.
Your account.
To use the Service you create an account, accept these Terms, and provide accurate information. You're responsible for everything done under your account, including by your team members. If you discover unauthorised access, tell us within 24 hours at security@scalable.systems.
Multi-factor authentication is required for all admin roles, and may be required for any role at our discretion. You may not share credentials, sell access, or use the Service to operate a competing managed-deployment platform.
Acceptable use.
You agree not to use the Service for, or to allow others to use it for, any of the following:
- Illegal content or activity under Spanish, EU, or your local law.
- Malware, ransomware, phishing, or attacks on third-party systems.
- Sanctions evasion or transactions with persons listed by OFAC or the EU consolidated list.
- CSAM or non-consensual intimate imagery. Zero tolerance, immediate termination, and disclosure to authorities.
- Spam, large-scale unsolicited email, or address harvesting.
- Crypto-mining on shared compute tiers (BYOC tiers excepted, with prior notice).
- Reverse-engineering the Service to clone its interfaces.
Don't break the law, don't attack other people, don't mine crypto on the free tier. We will suspend; for serious things, we'll do it within an hour.
Fees, billing & tax.
Fees are listed at scalable.systems/pricing and metered per-second of resource usage. We bill on the first calendar day of each month, in arrears, for the month just ended. Invoice plans (€2,500+ MRR) are net 30 in EUR, USD, or CHF. Late payments accrue interest at 1.5% per month or the legal maximum, whichever is lower.
VAT, sales tax, and other applicable transaction taxes are added to the invoice. If you're tax-exempt, send a current certificate to billing@scalable.systems; we'll re-issue. Disputes about an invoice must be raised within 30 days of receipt or the invoice is deemed accepted.
| Plan | Billing | Refunds | Auto-renew |
|---|---|---|---|
| Hobby · free | $0 / forever | n/a | n/a |
| Team | $79 / seat / mo · monthly | Pro-rata on cancel | Yes, monthly |
| Enterprise | Custom · annual order form | Per order form | Per order form |
Service levels.
We commit to the following Service Levels for the Team and Enterprise tiers. The Hobby tier is offered "as available" with best-effort support. Service credits are issued automatically against the next invoice when targets are missed; we don't make you ask.
Missing a monthly uptime target triggers credits at 10% / 25% / 50% of the affected month's fees for breaches at 99.9 / 99 / 95%. Credits cap at 100% of the month and don't carry forward beyond 12 months. The full SLA, including Severity definitions and exclusions (force majeure, customer-caused outages, beta features), lives at scalable.systems/legal/sla.
Your data & our access.
You own your Customer Data. We are the processor; the DPA at scalable.systems/legal/dpa governs and is incorporated by reference. We will not access your Customer Data except to (i) operate, secure, and improve the Service, (ii) prevent or address service or technical problems at your written request, or (iii) comply with valid legal process — which we will challenge where lawful and disclose to you where permitted.
You can export, port, or delete your Customer Data from the dashboard at any time. On termination, we will delete it from primary storage within 24 hours and from backups within 35 days. A signed deletion certificate is available on request.
It's your data. We hold it, run it, and protect it. We don't read it, train on it, or sell it.
IP & licences.
You retain all rights, title, and interest in your Customer Data and the code you deploy. You grant us a worldwide, royalty-free, non-exclusive, time-limited licence to host, copy, transmit, and display the Customer Data only as necessary to provide the Service. The licence ends when you delete the data or terminate the account, whichever is sooner.
We retain all rights to the Service itself: the dashboard, the platform code, the documentation, and the trademarks. You receive a non-transferable licence to use the Service for the term of these Terms. Open-source components we publish (e.g. the Scalable CLI) are governed by their stated licences.
Third-party services.
The Service interoperates with third parties — your Git provider, your IdP, your monitoring tools, your cloud accounts (in BYOC mode). Those services are governed by their own terms; we are not responsible for them. We will, however, give you 30 days' notice before adding any sub-processor and publish the full list at scalable.systems/legal/subprocessors.
Warranty disclaimer.
We warrant that the Service will perform materially in accordance with the documentation and these Terms. Beyond that, the Service is provided "as is." We disclaim all other warranties — implied, statutory, or otherwise — including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by Swiss law. We do not warrant that the Service will be uninterrupted, error-free, or that all data will always be perfectly preserved (which is why you should keep your own backups; ours are our second line of defence, not your only one).
Limit of liability.
To the maximum extent permitted by law, our total aggregate liability arising out of or related to these Terms is limited to the fees you paid us in the twelve months preceding the event giving rise to the claim. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or lost business — even if advised of the possibility.
The cap and exclusions do not apply to (i) wilful misconduct or gross negligence, (ii) breaches of confidentiality, (iii) infringement of the other party's IP, (iv) indemnity obligations under §11, or (v) amounts owed for the Service.
If we mess up badly, the most we owe in damages is what you paid us in the past year — except if we did it on purpose, leaked your secrets, or owe you the money for the bill itself.
Indemnification.
We will defend you against any third-party claim that the Service, as provided by us and used in compliance with these Terms, infringes a third party's IP rights, and we will pay reasonable attorneys' fees and amounts finally awarded by a court or agreed in settlement. You will defend us against any third-party claim arising out of (i) your Customer Data, (ii) your use of the Service in violation of these Terms or applicable law, or (iii) your combination of the Service with anything we did not provide.
The party seeking indemnification will (a) promptly notify the other in writing, (b) give sole control of defence and settlement, and (c) provide reasonable cooperation. Settlements admitting liability or imposing non-monetary obligations require the indemnified party's written consent.
Term & termination.
These Terms start when you first accept them and continue until terminated. Either party may terminate for convenience on 30 days' written notice. Either party may terminate immediately for cause if the other (i) materially breaches and fails to cure within 30 days of written notice, (ii) files for bankruptcy or becomes insolvent, or (iii) violates §3 (Acceptable Use) in a way that cannot be cured.
On termination: (a) your right to use the Service ends, (b) we will keep your Customer Data accessible for 30 days for export, (c) any prepaid fees for unused service are refunded pro-rata (Hobby and Team tiers) or as set in the order form (Enterprise), and (d) sections that should reasonably survive (IP, confidentiality, liability, governing law) survive.
Changes to the Terms.
We may update these Terms. Material changes (price, liability, dispute resolution, scope of licence) require 30 days' notice by email and a banner in the dashboard. Non-material changes (typos, clarifications, references) take effect on publication. Every diff is published at github.com/scalable/legal with a signed commit hash. If you don't like a material change, you may terminate before it takes effect and receive a pro-rata refund.
Governing law & disputes.
These Terms are governed by the substantive laws of Spain, excluding its conflict-of-laws principles and the UN Convention on Contracts for the International Sale of Goods. Disputes will be resolved by the ordinary courts of the City of Madrid, Spain. Either party may, in writing and before any court action, propose binding arbitration under the Rules of the Spanish Court of Arbitration (Corte Española de Arbitraje) in Madrid; if both parties agree in writing, arbitration replaces court.
Nothing in this section prevents either party from seeking injunctive relief in any competent court to protect its IP or confidential information.
Miscellaneous.
- Entire agreement — these Terms, the DPA, and any signed order form make up the whole agreement and supersede prior discussions.
- No assignment — neither party may assign without the other's written consent, except in a merger or sale of substantially all assets.
- Severability — if any clause is unenforceable, the rest still binds.
- No waiver — failing to enforce a right doesn't waive it.
- Notices — by email to the address on file, with read receipt or electronic confirmation. Legal notices to us: legal@scalable.systems.
- Force majeure — neither party is liable for delay caused by events beyond reasonable control (war, sanctions, natural disasters, internet routing failures upstream of all our regions).