Terms of Service

1. Acceptance of these terms

These Terms of Service (the “Terms”) are a binding agreement between the organization you represent (“Customer”, “you”) and Alpha Scaling (“Alpha Scaling”, “we”, “us”).

By accessing or using the Alpha Scaling platform, website, or services (together, the “Service”), or by accepting these Terms, you agree to be bound by them. If you do not agree, do not use the Service.

Where you have signed a separate written order, statement of work, master services agreement, or engagement letter with us (an “Engagement Agreement”), that agreement governs your engagement, and in the event of a conflict with these Terms, the Engagement Agreement controls for that engagement.

2. Eligibility and business use

The Service is provided solely for business and professional use by organizations and their personnel. It is not intended for consumers or for personal, family, or household purposes.

By using the Service, you represent that you are at least 18 years old, that you have authority to bind your organization to these Terms, and that your use complies with all laws that apply to you.

3. Accounts and authorized users

Access is provided to named authorized users within your organization. Different roles (for example, client users and our staff or audit team) receive different levels of access.

You are responsible for: maintaining the confidentiality of account credentials; all activity that occurs under your accounts and authorized users; ensuring your users only access the Service in a manner consistent with their role; and promptly notifying us of any suspected unauthorized access or use.

4. Customer responsibilities

• Provide accurate, current, and complete information when requested.
• Ensure you have the necessary rights and permissions to submit any data, documents, or information to the Service.
• Use the Service in compliance with applicable laws and these Terms.
• Maintain the security of your own systems, devices, and credentials.
• Review outputs, exercise your own judgment, and obtain independent professional advice where appropriate before acting on them.

5. Acceptable use

You may use the Service only for your organization’s lawful, internal business purposes and in accordance with these Terms and any documentation or usage limits we provide.

6. Prohibited use

You must not, and must not permit any user or third party to:

• use the Service in violation of any law or third-party right;
• upload malicious code, or content you do not have the right to submit;
• attempt to gain unauthorized access to the Service, other customers’ data, or the systems that support the Service, or to defeat, probe, or circumvent access controls, tenant isolation, or security measures;
• reverse engineer, decompile, or attempt to derive the source code, models, analysis engine, or knowledge base of the Service, except to the extent this restriction is prohibited by law;
• scrape, resell, sublicense, or provide the Service to third parties, or use it to build or train a competing product or service;
• interfere with or disrupt the integrity or performance of the Service, or exceed or circumvent usage limits.

7. Customer data and content

“Customer Data” means the data, documents, responses, and other information that you or your authorized users submit to the Service. As between you and us, you retain all ownership of your Customer Data.

You grant us a limited, non-exclusive, worldwide license to host, store, process, and analyze your Customer Data solely to provide, maintain, secure, and support the Service for you and to produce your findings and deliverables, and as otherwise described in our Privacy Policy. We process personal information in accordance with that policy.

8. Confidentiality

Each party may receive confidential information of the other. The receiving party will use the disclosing party’s confidential information only to perform under these Terms, will protect it using at least reasonable care, and will not disclose it except to personnel and contractors who need it and are bound by comparable obligations. This does not apply to information that is or becomes public without breach, was already known, is independently developed, or must be disclosed by law.

9. Intellectual property

The Service, including the Alpha Scaling platform, our analysis engine, knowledge base, benchmarks, playbooks, scoring methodology, models, software, and all related documentation and improvements, and all intellectual property rights in them, are and remain owned by Alpha Scaling and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your engagement, subject to these Terms.

Nothing in these Terms transfers ownership of your Customer Data to us. Findings and deliverables we prepare for you are provided for your internal business use, while the underlying engine, methodology, and knowledge base remain our property.

10. Nature of the service and AI-assisted analysis

The Service provides an operational and financial profit diagnostic. Our use of the word “audit” refers to this diagnostic. It is not a statutory, GAAP, or financial-statement audit, and it is not an attestation, assurance, or certification of any kind.

11. Human review and professional judgment

Findings presented to you pass through a human review and publish step before they are released. This human-in-the-loop review does not, however, transfer to us responsibility for the business decisions you make. You remain responsible for how you interpret and act on the Service’s outputs.

12. No guarantee of outcomes or error-free output

We do not guarantee any particular business, financial, revenue, or cost outcome from using the Service. Results depend on many factors outside our control, including your own decisions and execution.

We do not warrant that AI-assisted outputs will be complete, accurate, current, or error-free. Automated analysis can produce mistakes, and outputs should be validated before you rely on them.

13. Third-party services and infrastructure

The Service runs on third-party infrastructure and relies on third-party subprocessors, including hosting, database, scheduling, and AI providers. The subprocessors we use are listed on our Subprocessors page.

Your use of the Service may also be subject to the terms of those providers. We are not responsible for the acts, omissions, availability, or content of third-party services that are outside our reasonable control.

14. Fees and payment

Fees for engagements are agreed separately in an order, statement of work, or engagement letter, and are payable as set out there. Except as stated in that document, all fees are exclusive of applicable taxes.

The Alpha Scaling platform does not collect or process payment card data, and no card details are entered into or stored by the platform. Any invoicing and payment is handled through your separate Engagement Agreement.

15. Suspension and termination

Either party may terminate an engagement in accordance with the applicable Engagement Agreement. We may suspend or restrict access to the Service, in whole or in part, where we reasonably believe there is a security risk, a violation of these Terms, unlawful use, or non-payment.

On termination, your right to access the Service ends. Handling of Customer Data after termination is described in our Privacy Policy and any applicable Engagement Agreement. Terms that by their nature should survive (including sections on confidentiality, intellectual property, disclaimers, limitation of liability, and indemnification) will survive termination.

16. Disclaimers of warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage. We do not warrant that the Service will be uninterrupted, secure, or error-free.

17. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Service or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by law, each party’s total aggregate liability arising out of or relating to the Service or these Terms will not exceed the total fees paid by you for the engagement giving rise to the claim in the twelve (12) months before the event giving rise to liability. Nothing in these Terms limits liability that cannot be limited under applicable law.

18. Indemnification

You will defend and indemnify us against third-party claims, and reasonable costs and damages finally awarded, arising from your Customer Data, your use of the Service in breach of these Terms, or your violation of law or third-party rights.

We will defend and indemnify you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes that third party’s intellectual property rights. These indemnities are each party’s exclusive remedy for the claims they cover, and are conditioned on prompt notice, reasonable cooperation, and the indemnifying party’s control of the defense and settlement.

19. Governing law and disputes

The governing law and the courts or forum for resolving any dispute arising out of or relating to these Terms or the Service are set out in the Engagement Agreement between you and Alpha Scaling, and that agreement controls for your engagement. Where no Engagement Agreement applies, the parties will first seek to resolve the dispute in good faith, and either party may seek injunctive relief in any court of competent jurisdiction.

20. Changes to these terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, for example by posting the updated Terms with a new “last updated” date. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

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