Terms of Service

1. Acceptance of Terms

By accessing or using Scalewidth's cloud infrastructure, SaaS platforms, AI orchestration services, or any related offerings (collectively the "Services"), you agree to be bound by these Terms of Service. If you are entering into these terms on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree, you must not access or use the Services.

These terms constitute a legally binding agreement between you ("Customer") and Scalewidth Infrastructure Inc. ("Scalewidth", "we", "us", or "our"), a company registered in New Delhi, India.

2. Definitions

Services

Collectively refers to Scalewidth's cloud orchestration platform, AI infrastructure, distributed systems, enterprise SaaS products, and any associated APIs, tools, and documentation.

Customer Data

All data, files, documents, configurations, and information that Customer or its authorized users upload, process, or store using the Services.

Confidential Information

Non-public information disclosed by either party, including but not limited to business plans, technical data, product roadmaps, security reports, and customer lists.

Authorized Users

Individuals authorized by Customer to access the Services, subject to applicable usage restrictions and quotas.

3. Services

Scalewidth provides enterprise-grade cloud infrastructure, AI orchestration, and SaaS solutions as detailed in your applicable Order Form or Service Agreement. We grant Customer a non-exclusive, non-transferable, worldwide right to access and use the Services during the subscription term, solely for Customer's internal business operations.

We reserve the right to modify, suspend, or discontinue any aspect of the Services with reasonable notice, provided that such modifications do not materially reduce the core functionality purchased by Customer. We will use commercially reasonable efforts to notify Customer of any material changes at least thirty (30) days in advance.

Service Levels

Scalewidth commits to the service levels outlined in our Service Level Agreement (SLA). Credit requests must be submitted within thirty (30) days of the incident. SLA commitments do not apply to beta features, maintenance windows, or force majeure events.

4. Account Registration & Security

Customer must register for an account to access paid Services. You agree to provide accurate, current, and complete information and to update it promptly. You are responsible for all activities under your account, including any actions taken by your Authorized Users.

You must maintain the confidentiality of your login credentials and immediately notify us of any unauthorized use. Scalewidth implements multi-factor authentication capabilities and recommends all enterprise customers enforce MFA across their accounts.

5. Fees & Payment

Fees for Services are specified in your Order Form. Unless otherwise stated, all fees are due in advance on a monthly or annual basis as elected. Payments are non-refundable except as expressly provided in these Terms or your Order Form.

Late payments shall incur interest at 1.5% per month or the maximum rate permitted by law. All fees are exclusive of taxes; Customer is responsible for any applicable taxes, duties, or levies. Scalewidth reserves the right to suspend Services if payment is more than fifteen (15) days overdue.

6. User Obligations

Customer agrees to use the Services in compliance with all applicable laws and regulations, including data protection laws. Customer shall not:

• Use the Services for any illegal, fraudulent, or unauthorized purpose
• Attempt to breach or circumvent any security measures or access controls
• Reverse engineer, decompile, or disassemble any portion of the Services
• Distribute malware, viruses, or any harmful code via the Services
• Exceed usage limits or resell Services without prior written consent
• Store or process any data that violates third-party rights or applicable law

7. Data Handling & Privacy

Scalewidth processes Customer Data solely in accordance with our Privacy Policy and any applicable Data Processing Agreement (DPA). Customer retains all right, title, and interest in Customer Data. We implement industry-standard technical and organizational measures to protect Customer Data.

We may access Customer Data only to provide, maintain, and troubleshoot the Services, or as required by law. Customers may request data export at any time during the subscription term. Upon termination, Customer Data will be available for export for thirty (30) days, after which it will be securely deleted.

8. Security Commitments

Scalewidth maintains a comprehensive security program that includes encryption at rest and in transit, regular penetration testing, vulnerability management, access controls, and incident response procedures. We are SOC 2 compliant and undergo annual third-party audits.

We promptly notify Customer of any security incident affecting Customer Data and provide reasonable cooperation in any investigation. Our security practices are detailed in our Security Portal.

9. Service Level Agreement

Scalewidth guarantees 99.9% uptime for our core cloud orchestration platform, measured monthly. If we fail to meet this commitment, Customer may request service credits as follows:

• 99.0% – 99.9% uptime: 5% credit of monthly fees
• 95.0% – 98.9% uptime: 10% credit of monthly fees
• Below 95.0% uptime: 25% credit of monthly fees

Service credits are the sole remedy for SLA failures. Uptime calculations exclude scheduled maintenance (with prior notice) and force majeure events.

10. Intellectual Property

Scalewidth retains all intellectual property rights in the Services, including software, algorithms, APIs, documentation, and any improvements or derivative works. Customer retains all IP rights in Customer Data and its own applications.

Customer grants Scalewidth a limited license to use Customer Data solely to provide and improve the Services. We will not use Customer Data for training AI models or for any purpose beyond service delivery without explicit opt-in consent.

11. Limitation of Liability

To the maximum extent permitted by law, neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption. Each party's total liability arising from these Terms is limited to the fees paid by Customer in the twelve (12) months preceding the claim.

These limitations do not apply to: breaches of confidentiality, infringement of intellectual property rights, fraud or willful misconduct, or death or personal injury caused by negligence.

12. Termination

Either party may terminate these Terms for convenience with thirty (30) days written notice. Either party may terminate immediately for material breach if the breach remains uncured after thirty (30) days of written notice. Scalewidth may suspend Services with immediate notice if Customer's use poses a security risk or violates applicable law.

Upon termination: (a) Customer's right to access Services ceases; (b) Customer must pay all outstanding fees; (c) we will provide thirty (30) days for data export; and (d) Sections 10, 11, 13, and this termination clause survive.

13. Governing Law & Disputes

These Terms are governed by the laws of India. Any disputes arising from these Terms shall be resolved through binding arbitration in New Delhi, India, in accordance with the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English.

Notwithstanding the foregoing, either party may seek injunctive relief from courts of competent jurisdiction to protect its intellectual property rights or Confidential Information.

14. Contact Information

For questions about these Terms, please contact our legal team: