Terms & Conditions

01 Agreement to Terms

These Terms and Conditions (the “Terms”) form a legally binding agreement between you (“you,” “your,” or the “Client”) and Scaling Made Easy Operations Inc., doing business as ScalingEasy (“ScalingEasy,” “we,” “us,” or “our”), a company incorporated in Canada and operating the website scalingeasy.com and related subdomains and applications.

By accessing or using our website, purchasing or using our Services, signing a proposal, statement of work, or order form that references these Terms, or otherwise engaging with any messaging experience we build or operate on your behalf, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity. If you do not agree to these Terms, you must not use the Services.

02 Definitions

• “Services” means any product, custom software or platform build, AI agent, automation, consulting, hosting, integration, or messaging solution we provide, including any WhatsApp Business Platform or Meta-based integration.
• “Meta” means Meta Platforms, Inc. and its affiliates, which operate WhatsApp, Facebook, Instagram, the Meta developer platform, and the WhatsApp Business Platform.
• “WhatsApp Business Platform” (or “WhatsApp API”) means the WhatsApp Business Platform (Cloud API and/or On-Premises API) and related tools provided by Meta that we use to build and operate messaging on your behalf.
• “End User” means any individual who interacts with a messaging experience, chatbot, AI agent, or workflow that we build or operate for you — for example, your customers who message your WhatsApp business number.
• “Client Data” means data, content, contact lists, phone numbers, message content, and materials that you provide to us or that are collected through the Services on your behalf.
• “Order” means a proposal, statement of work, order form, subscription, or checkout that references these Terms.

03 Our Services

ScalingEasy designs, builds, and operates custom software platforms, AI agents, automations, and messaging systems for businesses. Depending on your Order, this may include building and managing conversational experiences on the WhatsApp Business Platform and other Meta channels.

The specific scope, deliverables, timelines, and fees for your engagement are described in your Order. In the event of a conflict between an Order and these Terms, the Order controls for that engagement, except with respect to sections that by law or by their nature must remain uniform (such as limitation of liability and governing law).

We may update, improve, or modify the Services over time. We may also use subprocessors and third-party platforms (including Meta) to deliver the Services, as described in Section 11.

04 Eligibility & Accounts

You must be at least 18 years old and capable of forming a binding contract to use the Services. The Services are intended for business and professional use, not for personal or household purposes.

If we provide you with an account, dashboard, or credentials, you are responsible for:

• keeping your login credentials and API tokens confidential and secure;
• all activity that occurs under your account or connected Meta assets; and
• notifying us promptly at info@scalingeasy.com of any unauthorized access or security incident.

You are responsible for maintaining your own Meta Business account, WhatsApp Business Account (WABA), verified business, and phone number registration where these are held in your name, and for keeping the associated information accurate and up to date.

05 WhatsApp & Meta Platform Terms

This Section applies to any Service that uses the WhatsApp Business Platform, the Meta developer platform, Facebook, Instagram, or any other product operated by Meta (collectively, the “Meta Services”). These provisions exist to keep our shared use of the Meta Services compliant, and they supplement — but do not replace — your own direct obligations to Meta.

5.1 Dependence on Meta and third-party terms

The Meta Services are owned and controlled by Meta, not by ScalingEasy. Your use of any WhatsApp or Meta-based Service is additionally governed by Meta's own agreements, and by accessing those Services through us you agree to comply with them, including as they may be updated by Meta from time to time:

• the WhatsApp Business Terms of Service and WhatsApp Business Solution Terms;
• the WhatsApp Business Messaging Policy;
• the WhatsApp Commerce Policy (where commerce features are used);
• the Meta Platform Terms and Developer Policies;
• the Meta Business Tools Terms, Community Standards, and applicable advertising policies; and
• any other terms, rate limits, quality ratings, or technical requirements Meta imposes.

5.2 End-User opt-in and consent

WhatsApp requires that every End User has given prior, informed opt-in consent before receiving messages. You are solely responsible for obtaining and maintaining valid consent from every End User you wish to message, and you represent and warrant that:

• each End User has clearly opted in to receive messages from your business on WhatsApp, through a means that satisfies the WhatsApp Business Messaging Policy and applicable law;
• the opt-in clearly identifies your business and states that the End User is opting in to receive messages from you on WhatsApp;
• you keep records of opt-in and honor opt-out (“STOP” / unsubscribe) requests promptly; and
• you will not import, message, or upload contacts who have not consented, and you will not use purchased, scraped, or rented contact lists.

5.3 Message templates, categories & the 24-hour window

You acknowledge and agree to the WhatsApp conversation rules that we implement on your behalf, including:

• business-initiated messages outside the 24-hour customer service window must use pre-approved message templates in the correct category (e.g., marketing, utility, authentication);
• template content is subject to Meta review and approval, and we cannot guarantee that any template will be approved;
• messaging is subject to Meta's per-number messaging limits, quality ratings, and pricing (which may be charged per conversation or per message by Meta); and
• marketing messages must respect frequency limits and End-User preferences.

5.4 Prohibited messaging and content

When using any Meta Service, you must not send, request that we send, or configure any experience that sends content which is prohibited by Meta, including but not limited to:

• spam, bulk unsolicited messaging, or messaging without valid opt-in;
• content promoting illegal, dangerous, or restricted goods or services (e.g., illegal drugs, weapons, prohibited products under the WhatsApp Commerce Policy);
• hateful, harassing, violent, sexually explicit, deceptive, fraudulent, or misleading content;
• content that infringes intellectual property or privacy rights;
• collection of sensitive personal information in a manner not permitted by Meta or applicable law; and
• any use that would harm the integrity, security, or reputation of the Meta Services.

5.5 Data received through the Meta Services

Where we process phone numbers, message content, profile names, media, and other information obtained through the WhatsApp Business Platform on your behalf, we do so only to provide and operate the Services. You and ScalingEasy each agree to:

• use such data only for the purpose of delivering the messaging experience and as permitted by Meta and applicable law;
• not use WhatsApp or Meta data to build user profiles for unrelated purposes, or to sell or license that data;
• implement reasonable technical and organizational safeguards to protect the data; and
• honor End-User rights, including access and deletion requests (see Section 8).

5.6 AI agents and automated responses

Where the Service includes AI-generated or automated responses, you acknowledge that outputs may be imperfect and that you are responsible for the messaging your business sends to End Users. Where required by Meta or applicable law, End Users will be able to reach a human and/or be informed they are interacting with an automated system. You must not use AI features to generate content prohibited under Section 5.4.

5.7 Suspension, review, and enforcement by Meta

You acknowledge that Meta may, at its discretion and without notice to us, rate-limit, suspend, disable, or terminate a phone number, WhatsApp Business Account, template, or app for policy or quality reasons. To the extent an interruption results from Meta's action, a change in Meta's platform, or your non-compliance with Meta's policies, ScalingEasy is not liable for the resulting loss of service, and any remediation may be treated as additional work.

06 Acceptable Use

In addition to Section 5, you agree not to, and not to permit any third party to:

• use the Services in violation of any applicable law, including anti-spam laws (such as Canada's CASL, the U.S. TCPA/CAN-SPAM, and the EU/UK GDPR and ePrivacy rules) and consumer-protection and privacy laws;
• reverse engineer, decompile, resell, or create derivative works of the Services except as expressly permitted;
• interfere with, overload, or attempt to gain unauthorized access to the Services or their infrastructure;
• introduce malware, or use the Services to transmit harmful code;
• misrepresent your identity or affiliation, or impersonate any person or business; or
• use the Services to send unsolicited communications through any channel.

We may investigate suspected violations and may suspend or restrict the Services to protect our platform, our other clients, End Users, or to comply with Meta or legal requirements.

07 Client Content & Data

You retain ownership of your Client Data. You grant ScalingEasy a non-exclusive, worldwide license to host, process, transmit, and display Client Data solely as necessary to provide, maintain, and improve the Services and to comply with law.

You represent and warrant that you have all rights, consents, and lawful bases necessary for us to process the Client Data (including the phone numbers and personal data of End Users) as contemplated by your Order and these Terms, and that the Client Data does not infringe any third-party rights or violate any law or Meta policy.

You are responsible for the accuracy, quality, and legality of Client Data and for the conduct of your business and messaging campaigns.

08 Privacy & Data Protection

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Where we process personal data on your behalf as a service provider / data processor, we do so in accordance with your instructions and applicable data-protection law.

Data-deletion & user requests. End Users and clients may request access to or deletion of their personal data by emailing info@scalingeasy.com. We will action verified requests within a reasonable period and in accordance with applicable law and Meta's data-deletion requirements. Where we hold data on your behalf, we will assist you in responding to End-User requests.

We retain data only as long as necessary to provide the Services or as required by law, after which it is deleted or anonymized. We implement reasonable administrative, technical, and physical safeguards, but no system is perfectly secure and we cannot guarantee absolute security.

09 Intellectual Property

Except for Client Data and any materials you provide, all right, title, and interest in and to the Services — including our software, source code, platforms, frameworks, tooling, designs, and documentation, and all improvements thereto — are and remain the exclusive property of ScalingEasy and its licensors.

Unless your Order expressly states otherwise, custom deliverables developed for you are licensed, not sold, and we retain ownership of underlying and pre-existing tools, libraries, and know-how. We may use generalized knowledge, techniques, and skills gained during an engagement for other clients, provided we do not disclose your confidential information.

“WhatsApp,” “Meta,” “Facebook,” “Instagram,” and related marks are trademarks of Meta. ScalingEasy is an independent provider and is not endorsed by, sponsored by, or affiliated with Meta.

10 Fees, Payment & Refunds

Fees, billing frequency, and currency are set out in your Order. Unless stated otherwise, fees are stated in the currency shown at checkout and are exclusive of applicable taxes, which you are responsible for paying.

• Invoices are due on the terms stated in the Order; late amounts may accrue interest and may result in suspension of the Services.
• Third-party and platform charges — including Meta / WhatsApp conversation or messaging fees, hosting, and other pass-through costs — are your responsibility, whether billed directly to you by the provider or passed through by us.
• Except where required by law or expressly stated in your Order or our Refund Policy, fees are non-refundable, including fees for custom development work already performed.

Our Refund Policy, where applicable, forms part of these Terms.

11 Third-Party Services

The Services rely on third-party platforms and subprocessors, including Meta (WhatsApp Business Platform), cloud hosting providers, AI model providers, payment processors, and analytics tools. Your use of those services may be subject to their own terms and privacy policies.

We are not responsible for the availability, performance, acts, or omissions of third-party services, or for changes they make to their platforms, APIs, pricing, or policies. Third-party outages or policy actions may affect the Services, and such events are outside our reasonable control.

12 Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or secure; that messages will be delivered, approved, or achieve any particular result; or that any specific business, revenue, deliverability, or messaging outcome will be achieved. Any results, examples, or testimonials shown are not guarantees of future performance.

13 Limitation of Liability

To the maximum extent permitted by law, ScalingEasy and its directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to the Services or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or related to the Services or these Terms will not exceed the total amount you paid to ScalingEasy for the specific Service giving rise to the claim during the three (3) months immediately preceding the event giving rise to the liability.

Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence.

14 Indemnification

You agree to defend, indemnify, and hold harmless ScalingEasy and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your Client Data or messaging content; (b) your breach of these Terms, applicable law, or Meta's policies; (c) your failure to obtain valid End-User consent; or (d) your use of the Services in violation of any third-party right.

15 Term & Termination

These Terms apply for as long as you use the Services or have an active Order. Either party may terminate an engagement as provided in the applicable Order. We may suspend or terminate the Services immediately if you breach these Terms, fail to pay, create risk or legal exposure, or if required by Meta or by law.

Upon termination, your right to use the Services ends. Sections that by their nature should survive — including Definitions, Intellectual Property, Fees accrued, Disclaimers, Limitation of Liability, Indemnification, and Governing Law — survive termination. We will handle post-termination data in accordance with our Privacy Policy and applicable law.

16 Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice — for example, by posting the updated Terms on this page with a new “Last updated” date or by notifying you directly. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

17 Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.

You agree that the courts located in British Columbia, Canada will have exclusive jurisdiction to resolve any dispute arising out of or relating to these Terms or the Services, and you consent to the personal jurisdiction of, and venue in, those courts. Before commencing legal action, the parties agree to attempt in good faith to resolve any dispute informally by contacting info@scalingeasy.com.

18 Contact Us

Questions about these Terms, privacy requests, or data-deletion requests can be sent to: