Terms of Service

Effective Date: 06/22/2026
Last Updated: 06/22/2026

These Terms of Service (“Terms”) govern your access to and use of the websites, products, programs, services, content, and tools made available by Scalable.co, LLC (“Company,” “we,” “us,” or “our”) through https://scalable.co and its related properties (collectively, the “Services”).

By accessing, browsing, registering for, purchasing, or otherwise using the Services, you (“User,” “you,” or “your”) agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.

These Terms apply to all users, including casual visitors, newsletter subscribers, podcast listeners, free tool users, lead magnet downloaders, workshop attendees, event ticket purchasers, book buyers, and clients of Company’s advisory, consulting, coaching, mentorship, and mastermind programs. If you have entered into a separate written agreement with Company addressing specific Services, that separate agreement governs its own subject matter; these Terms continue to govern all other aspects of your use of the Services.

1. Acceptance and Modification of Terms

1.1 Acceptance

By accessing or using any of the Services, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you are accepting these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity, and “you” refers to both you individually and the entity.

1.2 Modifications

Company may update these Terms from time to time. The current version of these Terms is always available at https://scalable.co/terms, and the “Last Updated” date at the top of these Terms indicates when these Terms were most recently revised.

For material changes adverse to users, Company will provide reasonable notice through:

  • A prominent notice on the Services (such as a banner on https://scalable.co) for at least thirty (30) days before the change takes effect; and
  • Where Company has your email address on file (newsletter subscribers, registered members, customers), an email notification to that address at least thirty (30) days before the change takes effect.

Non-material changes (such as clarifications, formatting updates, contact information updates, or changes that expand your rights) take effect upon posting of the updated Terms.

Because Company cannot directly notify users who have not provided contact information, you should review these Terms periodically. Your continued access to or use of the Services after the effective date of any change constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

2. Eligibility and Account Requirements

2.1 Age Requirement

The Services are intended for adults age eighteen (18) and older. By using the Services, you represent and warrant that you are at least 18 years of age. Company does not knowingly collect personal information from anyone under 18. If we learn that we have collected personal information from a person under 18, we will delete that information promptly. If you are a parent or guardian and believe a person under 18 has provided personal information to Company, please contact us at support@scalable.co.

2.2 Account Accuracy

If you create an account on the Services, you agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Company promptly of any unauthorized use of your account.

2.3 Eligibility for Specific Programs

Certain Services, including Company’s coaching, advisory, mentorship, and mastermind programs, are available only to qualified applicants who meet Company’s then-current eligibility criteria. Company reserves the right to evaluate, accept, or decline applications at its sole discretion. Specific eligibility criteria are described on the applicable program page or communicated during the application process and may be updated by Company from time to time.

3. Description of Services

3.1 Services Overview

The Services include, without limitation:

  • Programs: Coaching, advisory, consulting, mentorship, and mastermind programs offered by Company.
  • Live Workshops: Paid live virtual workshops conducted by Company.
  • Live Events: Paid in-person events and conferences offered by Company.
  • Books: Physical and digital books sold or distributed by Company.
  • Free Content: Articles, podcasts, videos, assessments, tools, templates, and other resources made available without charge.
  • Email Communications: Newsletters, marketing emails, transactional emails, and other communications.
  • Member Portal: Access to Company-operated member portals, dashboards, and online communities.

3.2 Additional Terms for Specific Services

Certain Services may be subject to additional written terms that you separately accept (for example, by signing an agreement at the time of enrollment). Where such additional terms exist, they apply in addition to these Terms with respect to the specific Service to which they pertain.

3.3 Changes to Services

Company may modify, suspend, or discontinue any Service, in whole or in part, at any time, with or without notice. Company is not liable to you or any third party for any modification, suspension, or discontinuation of any Service.

4. Acceptable Use

You agree that you will not, and will not permit any third party to:

  • Use the Services in violation of any applicable law, regulation, or these Terms;
  • Access or attempt to access any portion of the Services that you are not authorized to access;
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Services, Company’s servers or networks, or any user account;
  • Use the Services to transmit any malware, viruses, or other harmful code;
  • Scrape, harvest, or collect data from the Services using automated means without Company’s express written consent;
  • Use the Services to engage in spamming, phishing, or other deceptive practices;
  • Impersonate any person or misrepresent your affiliation with any person or entity;
  • Reverse engineer, decompile, or attempt to derive the source code of any software made available through the Services;
  • Use the Services in any manner that infringes on the rights of Company or any third party;
  • Solicit, harass, or otherwise misuse the Services to direct unwanted commercial communications to other users or members; or
  • Use the Services to engage in any activity that is fraudulent, abusive, defamatory, obscene, or otherwise objectionable.

Company reserves the right, in its sole discretion, to investigate any suspected violation of this Section and to suspend or terminate your access to the Services, with or without notice.

5. Earnings, Results, and Testimonials Disclaimer

5.1 No Guarantee of Results

Company cannot and does not guarantee that you will achieve any specific business, financial, or other result from your use of the Services. Any results referenced by Company or by Company’s clients, students, or members are illustrative of what is possible and do not represent typical, average, or guaranteed results. Individual results vary based on many factors, including but not limited to your business model, market conditions, effort, capacity, prior experience, and execution.

5.2 Educational and Informational Purpose

All content and Services provided by Company are for educational and informational purposes only. Company does not provide legal, medical, tax, accounting, or other professional advice. You should consult with qualified professional advisors before acting on any information provided by Company.

5.3 Testimonials

Testimonials, case studies, success stories, and similar materials featured on the Services or in Company’s marketing materials reflect the experience of specific individuals or businesses at specific points in time. They are not representative of the experience of all Company clients, members, or users. Testimonials are not guarantees of similar results. Individuals whose testimonials are featured may be current paying clients or members of Company programs (a “material connection” as defined by the U.S. Federal Trade Commission). Company does not generate, modify, or create testimonials using artificial intelligence; all testimonials reflect the real, unmodified statements of the individuals to whom they are attributed.

5.4 Forward-Looking Statements

Any forward-looking statements made by Company are based on Company’s current expectations and assumptions. Actual results may vary materially from any forward-looking statements.

6. Use of Artificial Intelligence

Company uses artificial intelligence and machine learning tools in its operations. You should be aware that:

  • Internal Decision Support: Company uses AI tools to support internal analysis, strategy, drafting, and decision-making. These outputs are reviewed and edited by Company personnel before being used in client deliverables.
  • Marketing Content: Company uses AI tools in the production of marketing content, including social media posts, advertising creative, and email drafts. Such content is reviewed by Company personnel.
  • Direct Client-Facing AI: Company may use AI tools that interact directly with clients, including in customer support, deliverable preparation, and other engagement contexts. Where AI substantially affects a client deliverable, Company will disclose such use.
  • Advertising Platforms: Company uses the AI optimization features built into third-party advertising platforms, including Meta Advantage and Google Performance Max.

Company does not use AI to generate fake testimonials, create synthetic likenesses of real individuals, or otherwise mislead users. Where required by applicable law (including the EU AI Act and emerging US state laws), Company will provide additional disclosures regarding AI use.

7. Intellectual Property and User-Generated Content

7.1 Company’s Intellectual Property

All content, materials, software, frameworks, methodologies, designs, logos, trademarks, and other intellectual property made available through the Services (collectively, “Company Materials”) are owned by Company or its licensors and are protected by U.S. and international copyright, trademark, patent, and other intellectual property laws. Company Materials include, without limitation, the Scalable Operating System™, Scale & Exit Plan™, Critical Task Matrix™, and any other Company-branded methodologies, tools, templates, dashboards, training content, and proprietary frameworks.

7.2 Limited License to You

Subject to your compliance with these Terms, Company grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Services for your personal or internal business use, in accordance with the specific Services you have purchased. You may not reproduce, distribute, sublicense, sell, modify, publicly display, publicly perform, or create derivative works of Company Materials, except as expressly permitted by these Terms or with Company’s prior written consent.

7.3 Trademarks

Company and its affiliates own numerous trademarks, service marks, logos, and brand names, including without limitation:

  • Brand: “Scalable,” “Scalable.co,” and “The Scalable Company.”
  • Operating System: “Scalable Operating System” and “sOS.”
  • Programs: “Scale & Exit Accelerator,” “Founders Board,” and “Get Scalable Accelerator.”
  • Methodologies, Frameworks, and Tools: “Scale & Exit Plan,” “Critical Task Matrix,” “12Q Planner,” “Clarity Compass,” “Critical Accountability Bullets” (CABs), “High-Output Team Canvas” (H.O.T. Canvas), “Playbook Planner,” “Quarterly Sprint Plan” (QSP), “Cashflow Waterfall,” “Expense Ratio Analyzer,” “Team Assessment Matrix,” and “Team Impact Analyzer.”

All such trademarks are the property of Company or its affiliates, whether or not specifically listed in these Terms or marked with ™ or ®. You may not use any Company trademark without Company’s prior written consent.

7.4 User-Generated Content

If you submit, post, upload, or transmit any content to the Services (including community posts, comments, testimonials, feedback, suggestions, photos, videos, or other materials) (“User Content”), you grant Company a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly perform, publicly display, and create derivative works of your User Content for any purpose, including Company’s internal operations, marketing, and improvement of the Services. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe the rights of any third party.

7.5 Feedback

If you provide Company with any suggestions, feedback, or ideas regarding the Services (“Feedback”), Company is free to use such Feedback for any purpose without compensation or attribution to you.

8. Payment Terms

8.1 Pricing and Payment Methods

Prices for products and Services are stated at the point of purchase. Company accepts payment by credit card, debit card, and PayPal for most products. Higher-value programs may require payment by wire transfer or ACH. Company does not accept counter checks; personal checks are held for ten (10) business days before order release.

8.2 Taxes

You are responsible for any applicable sales, use, value-added tax (VAT), goods and services tax (GST), or similar taxes imposed on your purchase by your country, state, or other taxing authority, except for taxes based on Company’s net income. Company will collect and remit taxes where required by law.

8.3 Currency

Unless otherwise stated, all prices are in United States Dollars (USD). International customers are responsible for any currency conversion fees imposed by their bank or payment provider.

8.4 Payment Authorization

By providing a payment method, you authorize Company to charge that payment method for the amount of your purchase plus any applicable taxes. For recurring or scheduled payments, you authorize Company to charge the payment method on the schedule specified at the time of purchase.

8.5 Failed Payments

If a scheduled payment is not successfully processed, Company may attempt to charge the payment method on file again, up to three (3) automatic retries over a reasonable period. Company may suspend access to the Services until the delinquent balance is cured. Recurring failures may result in additional collection efforts, including but not limited to written demand for payment and acceleration of any unpaid balance.

8.6 Returned Checks

Returned checks are subject to a $25 USD returned check fee.

9. Refund Policy

9.1 Books

Physical books may be returned for a full refund of the product price (excluding shipping and handling fees) within thirty (30) days of the date of original purchase. To request a return, contact Company at support@scalable.co to obtain a Return Authorization Number (RMA). Returned packages must display the RMA number and be sent via traceable shipping method. Refunds will be processed within thirty (30) days of Company’s receipt of the returned book. Shipping costs (both directions) are non-refundable.

9.2 In-Person Event Tickets

Tickets to Company’s in-person events may be refunded subject to the following schedule:

  • More than sixty (60) days before the event: 50% refund of the ticket price or seat deposit.
  • Sixty (60) days or fewer before the event: No refund.

Unused tickets are forfeited and are not transferable to other events. Ticket transfers between attendees are permitted up to thirty (30) days before the event, subject to a $50 transfer fee. Within thirty (30) days of the event, no ticket transfers will be processed. See Section 11 for additional event terms.

9.3 All Other Products and Services

All other products and Services offered by Company are non-refundable, including without limitation:

  • All coaching, advisory, consulting, mentorship, and mastermind programs;
  • Live virtual workshops;
  • Digital products, training content, and recordings;
  • Memberships and subscription services;
  • Live streams;
  • Any other Services not expressly listed in Section 9.1 or 9.2.

By purchasing or enrolling in any non-refundable Service, you acknowledge and agree that no refunds or credits will be issued for missed meetings, unused services, partial periods of engagement, or change of mind. Company may, in its sole discretion, offer goodwill accommodations in exceptional circumstances; any such accommodation is not a waiver of this Section.

9.4 Refunds Required by Law

Where applicable consumer protection law requires Company to offer a refund or right of withdrawal (such as the UK Consumer Contracts Regulations 14-day cooling-off period for distance contracts), Company will honor that obligation to the extent legally required.

9.5 Disputed Charges

If you believe you have been charged in error, please contact Company at support@scalable.co before initiating a chargeback with your payment provider. Company will work in good faith to resolve disputes promptly.

10. Subscriptions and Recurring Billing

If you enroll in any subscription or recurring billing arrangement offered by Company:

  • Authorization. You authorize Company to charge your payment method on the schedule specified at enrollment.
  • Automatic Renewal. Subscriptions automatically renew at the end of each billing cycle at the then-current rate until you cancel.
  • Annual Program Conversion. Where you enroll in an annual program, your enrollment will automatically continue on a month-to-month basis at the end of the initial term unless you cancel in accordance with the terms specified at enrollment.
  • Price Changes. Company may change subscription fees from time to time, with at least thirty (30) days prior notice to active subscribers sent to the email address on file.
  • Cancellation. You may cancel at any time by emailing support@scalable.co or by following the cancellation procedure provided at enrollment. You will continue to have access through the end of the current billing cycle.
  • No Partial Refunds. No refunds or credits will be issued for any partial billing period.
  • Free Trials. If a free trial is offered, the trial converts to a paid subscription at the end of the trial period unless you cancel before the trial ends.
  • Failed Payments. Failed subscription payments are handled in accordance with Section 8.5.

11. Live Events

11.1 Event Information Subject to Change

Event dates, locations, formats, agendas, speakers, and other details listed on the Services are subject to change at Company’s discretion, with or without notice. Company may convert any in-person event to a virtual or hybrid format due to circumstances beyond Company’s reasonable control. Such changes shall not constitute a breach of these Terms or entitle you to a refund except as set forth in Section 9.2.

11.2 Recording and Use of Likeness

By attending any in-person or virtual event hosted by Company, you consent to being recorded (audio, video, and photo) and grant Company a non-exclusive, royalty-free, perpetual, worldwide license to use the recordings, including your image, likeness, voice, and statements, for Company’s internal training, member content libraries, marketing, and similar purposes. If you do not wish to be recorded, you must inform Company in writing before the event and may be asked to sit outside the recording area.

11.3 Attendee Conduct

You agree to conduct yourself professionally at all Company events. Company may, in its sole discretion, remove any attendee whose conduct is disruptive, abusive, or violates Company’s reasonable standards, without obligation to refund any portion of the ticket price.

11.4 Assumption of Risk

You acknowledge that attendance at in-person events involves travel and physical activity, and you assume all risks associated therewith. Company shall not be liable for any injury, loss, or damage suffered by you or your representatives in connection with travel to, from, or attendance at events, including risks attributable to third-party venues, transportation, or activities. You are solely responsible for your own travel, accommodation, and related expenses unless Company expressly states otherwise in writing.

11.5 Ticket Transfers and Resales

Ticket transfers are permitted up to thirty (30) days before the event, subject to a $50 transfer fee. The original ticket purchaser may change the assignment of guests accompanying them a maximum of two (2) times. To initiate a transfer, submit a request to support@scalable.co.

Ticket resales must be processed through Company. If you cannot use a ticket, you may submit a resale request to Company, and Company will attempt to resell the ticket to another attendee. There is no guarantee that demand for the ticket will result in a resale. If your ticket is not resold, you will not receive any refund or proceeds.

You may not resell, offer for sale, auction, donate, act as commercial agent for another party, or otherwise transfer tickets except as expressly permitted in this Section.

12. Live Streams

Live streams provided by Company are made available on an “as-is” and “as-available” basis. Company does not guarantee that any live stream will be uninterrupted or error-free. Company is not responsible for technical issues, network failures, or any inability to access a live stream due to factors outside Company’s reasonable control, including the User’s internet connection, device, or third-party platforms.

Refunds for live stream purchases are available only where the User is unable to view the live stream due to a verified technical issue on Company’s end. Refund requests must be submitted on the date of the live stream.

13. Community Guidelines

Company operates online communities, member groups, and forums (collectively, “Community Spaces”). The following guidelines apply to all participants:

  • Inclusive participation. Members at all stages of business growth are welcome.
  • Respectful conduct. Posts or comments that are inappropriately negative, abusive, harassing, or attacking other members will be removed.
  • No solicitation. Members may not use Community Spaces to initiate sales, marketing, or solicitation of products or services to other members. Members may respond to inquiries initiated by other members and may engage in business relationships where another member has invited or expressly welcomed the engagement. Spamming, unsolicited direct messaging, and unsolicited promotional posts are prohibited.
  • No gated content. Content shared in Community Spaces may not require opt-in or registration for full access.
  • Respect confidentiality. Information shared by other members in Community Spaces is confidential to the disclosing member. You may not collect, repackage, share outside the group, or use information learned from other members for any purpose other than your own internal business benefit, except where the other member has expressly consented.
  • On-topic content. Company may remove posts based on off-topic content, offensive content, or violation of these guidelines.
  • No endorsement of members. Access to Community Spaces does not constitute Company’s endorsement of any member or their products or services. Members are responsible for their own due diligence in any partnership or business relationship with other members.
  • Reporting. Report any post or member behavior that violates these guidelines by contacting Company’s community manager or emailing support@scalable.co.

Violations of these guidelines may result in warning, temporary suspension, or permanent removal from Community Spaces at Company’s discretion.

14. Privacy and Cookies

Company’s collection, use, and disclosure of your personal information is governed by Company’s Privacy Policy, available at https://scalable.co/privacy-policy, which is incorporated herein by reference.

Company uses cookies and similar tracking technologies on the Services for analytics, advertising, personalization, and operational purposes. The categories of cookies used, their purposes, and your options for managing cookie preferences are described in Company’s Privacy Policy and any cookie consent notice provided on the Services. By using the Services, you acknowledge Company’s use of cookies as described in those documents.

Please review the Privacy Policy carefully to understand how Company handles your personal information and your rights with respect to that information.

15. Third-Party Services and Links

The Services may contain links to or integrations with third-party websites, products, or services that are not owned or controlled by Company. Company is not responsible for the content, privacy practices, or actions of any third party. Your interactions with third-party websites and services are governed by the terms and privacy policies of those third parties.

Specifically, certain Company offerings (such as the AccidentalMBA newsletter at accidentalmba.com and the Business Lunch podcast at businesslunchpodcast.com) are operated on or distributed through third-party platforms with their own terms of service and privacy policies. Your use of those offerings is governed by the applicable third-party terms.

16. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN AN APPLICABLE SERVICES AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Company makes no warranty regarding any results you may obtain from using the Services. You assume all risk associated with your use of the Services.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent any warranty cannot be excluded under applicable law, such warranty is limited to the maximum extent permitted by law.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. To the extent any limitation cannot be enforced under applicable law, Company’s liability is limited to the maximum extent permitted.

18. Indemnification

You agree to defend, indemnify, and hold harmless Company, its affiliates, and its and their officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of or access to the Services;
  • Your violation of these Terms or any applicable law or regulation;
  • Your User Content;
  • Your violation of any third-party right, including any intellectual property, publicity, or privacy right; or
  • Any dispute between you and any third party arising out of or related to your use of the Services.

Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, in which case you agree to cooperate with Company’s defense.

19. Termination

19.1 Termination by You

You may stop using the Services at any time.

19.2 Termination by Company

Company may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Without limiting the foregoing, Company may immediately suspend or terminate your access if it believes, in its sole discretion, that you have violated these Terms or any applicable law.

19.3 Effect of Termination

Upon termination, your right to access and use the Services ends, and Company may delete your account and any associated content. Sections that by their nature should survive termination (including without limitation Sections 5, 7, 9, 14, 16, 17, 18, 19, 20, 21, and 22) shall survive.

20. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES THAT DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

20.1 Informal Resolution First

Before initiating arbitration, you and Company agree to attempt to resolve any dispute informally by contacting each other in writing at support@scalable.co (for Company) and the most recent email address you have provided to Company (for you). The parties will engage in good-faith discussions for at least sixty (60) days before initiating arbitration.

20.2 Binding Arbitration

If informal resolution does not resolve the dispute, any claim, dispute, or controversy arising out of or relating to these Terms, the Services, or your relationship with Company (a “Dispute”) shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) in accordance with the AAA’s Commercial Arbitration Rules. The arbitration shall be conducted in Travis County, Texas, USA. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

20.3 Class Action Waiver

YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

20.4 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the jurisdiction of small claims court. Either party may also seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information.

20.5 Attorney Fees

In any Dispute, the prevailing party shall be entitled to recover its reasonable attorney fees, costs, and expenses, including any appeals.

20.6 Opt-Out (Where Required)

If you are a resident of a jurisdiction that prohibits mandatory pre-dispute arbitration of consumer claims, you may opt out of the arbitration agreement in this Section 20 by sending written notice to support@scalable.co within thirty (30) days of first accepting these Terms.

21. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict-of-laws principles. Subject to the arbitration provisions in Section 20, any judicial action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Travis County, Texas, USA, and each party irrevocably submits to the jurisdiction and venue of such courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

22. General Provisions

22.1 Entire Agreement

These Terms, together with the Privacy Policy and any separate written agreement you have entered into with Company, constitute the entire agreement between you and Company regarding your use of the Services and supersede all prior agreements, understandings, and communications, whether written or oral, on the subject matter.

22.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

22.3 No Waiver

Company’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

22.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without Company’s prior written consent. Company may assign these Terms at any time without notice or consent.

22.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

22.6 Force Majeure

Company shall not be liable for any failure or delay in performance due to causes beyond Company’s reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, government action, labor disputes, internet or utility outages, or other force majeure events.

22.7 Notices

Notices to Company shall be sent to:

Scalable.co, LLC 4330 Gaines Ranch Loop, Suite 120 Austin, TX 78735 USA support@scalable.co

Notices to you may be sent by email to the address you have provided to Company, by posting on the Services, or by any other reasonable means.

22.8 Headings

Section headings in these Terms are for convenience only and shall not affect interpretation.

22.9 Language

These Terms are written in English. If translated into any other language, the English version shall control in the event of any conflict.

22.10 Relationship of Parties

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Company. Neither party has authority to bind the other.

23. Contact Information

If you have questions about these Terms or the Services, please contact Company at:

Scalable.co, LLC 4330 Gaines Ranch Loop, Suite 120 Austin, TX 78735 USA

Email: support@scalable.co Phone: 512-600-4363

For privacy-related questions or to exercise your privacy rights, please contact us at the email address above or see our Privacy Policy at https://scalable.co/privacy-policy.