Terms and Conditions for Scale My Salon

Last Updated: March 7, 2025
Company Details: Scale My Salon is a service operated by Digital Scaling Solutions Ltd, a company registered in England and Wales (Company No. 14336892). We provide a white-labeled software platform and marketing consulting services for beauticians and salon owners internationally (UK, USA, Canada, and Europe). These Terms and Conditions (“Terms”) govern your use of Scale My Salon’s services. By subscribing to or using our platform or services, you agree to these Terms. If you do not agree, you must not use Scale My Salon.

1. Services Provided

1.1 Description of Services: Scale My Salon offers an all-in-one marketing and client management software platform (provided via a third-party white-label SaaS) under our branding, as well as training and consulting services to help you grow your salon business. Our platform may include CRM tools, appointment scheduling, marketing automation (email/SMS campaigns), advertising support, and access to an online community or educational content (which may be hosted on third-party platforms like Skool).

1.2 White-Label Software: The software we provide is a white-labeled solution powered by a third-party provider. While we manage the service and support under our brand, you acknowledge that the underlying software is developed and hosted by a third party. We strive to ensure it is fully functional and secure, but Scale My Salon is not the original developer of the software. Therefore, the platform is provided “as is” and subject to the technical limitations and updates of the third-party provider. We will communicate and coordinate with the provider to address any issues, but we cannot guarantee the software will be error-free or uninterrupted.

1.3 Consulting and Training: In addition to software access, we may provide strategy consultations, advertising guidance, and training materials to help you use the platform effectively and improve your marketing. Such consulting services are advisory in nature. No specific results (such as increased revenue or a certain number of new clients) are guaranteed from our consulting or the use of our platform – your success depends on many factors outside our control. Any examples of success (case studies, testimonials) are for illustration only and not promises of future performance. You are solely responsible for how you implement our advice and tools.

2. Accounts and Access

2.1 Eligibility: Our services are intended for business use by professional beauticians, salon owners, or authorized representatives. By registering, you confirm that you are at least 18 years old and using the service for business purposes, not as a consumer for personal use.

2.2 Account Registration: To use Scale My Salon, you will need to create an account and provide accurate business and contact information. You are responsible for maintaining the confidentiality of your login credentials and all activities under your account. Unauthorized use: You must notify us immediately at info@scalemysalon.com if you suspect any unauthorized access to your account. We are not liable for any loss or damage arising from your failure to secure your account.

2.3 Account Administration: If you create sub-accounts or additional user profiles (for example, if your staff use the platform), you are responsible for managing their access. Ensure that anyone you authorize to use the platform complies with these Terms. We may suspend or terminate access for any user (including your sub-users) who violates these Terms or who is suspected of causing security or compliance issues.

3. Fees and Payment Terms

3.1 Pricing Structure: Scale My Salon may offer services on different pricing models, including (a) Subscription fees (e.g. a monthly or annual recurring fee for access to the software platform and standard services), (b) One-time fees (e.g. setup fees, special training packages, or add-on services purchased separately), and (c) Commission-based payments (e.g. a percentage commission on certain results or revenue, if explicitly agreed in your plan or contract). The specific fees applicable to you will be as agreed when you sign up for our services or as outlined in an order form or proposal.

3.2 Billing and Payment: You agree to pay all fees associated with the plan or services you select. Subscription fees are typically billed in advance on a recurring cycle (such as monthly on the same date of each month, or annually on the anniversary date), while one-time fees or commissions may be billed as incurred or on a schedule defined in your service agreement. Payments will be charged to the payment method (such as a credit card or direct debit) you provide. You authorize Scale My Salon (or our authorized payment processor) to charge your provided payment method for all amounts due. If you are using a third-party platform for part of the services (for example, Skool for course access), payments for that part may be handled through that platform under its own terms.

3.3 Taxes: All fees are stated exclusive of any taxes (such as VAT, sales tax, GST) unless otherwise noted. You are responsible for any applicable taxes, duties, or similar charges imposed by any government authority in connection with your purchase of our services, except taxes on our income. We may charge tax if required by law based on your billing address.

3.4 Late Payments: If your payment method fails or your account becomes past due, we reserve the right to suspend or terminate your access to the platform and services. We may apply interest on overdue amounts at the rate allowed by law, and you will be responsible for any collection costs (including legal fees) incurred by us in recovering overdue amounts. We will notify you (for example, via email) of payment issues and provide a short grace period, but it is ultimately your responsibility to ensure timely payment.

4. Refund Policy

4.1 No Guaranteed Refunds: Fees for Scale My Salon services (including subscriptions, one-time services, or commissions already earned) are generally non-refundable. Once a payment period has begun or a service has been delivered, you are not automatically entitled to a refund if you decide to stop using the service.

4.2 Discretionary Refunds: Any refund or credit will be at our sole discretion. We may consider a pro-rata refund or credit in cases of extreme dissatisfaction or hardship, but this is not an obligation. To request a refund, you must contact us at info@scalemysalon.com with an explanation of your circumstances. We will review requests on a case-by-case basis. Granting a refund in one instance does not obligate us to provide a refund in the future for similar circumstances.

4.3 Statutory Rights: If applicable law in your jurisdiction grants you certain cancellation or refund rights (for example, certain consumer protection laws – noting that our service is B2B, such rights may be limited), we will honor those rights to the extent required by law. This clause does not affect any statutory rights which cannot be waived.

5. User Obligations and Acceptable Use

By using our platform and services, you agree to the following:

5.1 Compliance with Laws: You are solely responsible for complying with all applicable laws and regulations in your use of Scale My Salon. This includes, without limitation, data protection laws (such as GDPR in Europe or UK GDPR in the UK, PIPEDA in Canada, CCPA in California), anti-spam and marketing laws (such as the U.S. CAN-SPAM Act for email, the TCPA for SMS/phone marketing​, Canada’s CASL, and any “Do Not Call” rules), and advertising regulations and guidelines in your jurisdiction. You must also adhere to any industry-specific regulations that apply to your business (for example, any health and beauty advertising standards).

5.2 Advertising Content and Platforms: If you use our services or advice to create or manage advertisements on third-party platforms (e.g. Facebook, Instagram, Google Ads, etc.), you are fully responsible for ensuring those ads comply with the platform’s own policies and all legal requirements. This includes (but is not limited to) following Facebook’s Advertising Policies, truth-in-advertising laws (FTC guidelines in the USA, ASA/CAP Code in the UK, etc.), and not making any false, misleading, or prohibited claims in your ads. Scale My Salon does not pre-screen or approve your advertising content; any consequences of non-compliant ads (such as account suspension, fines, or legal action) are your responsibility alone. We provide tools and guidance, but we do not guarantee that any ad strategy will be approved by third-party platforms or yield specific results.

5.3 Prohibited Uses: You may not use the Scale My Salon platform or services to engage in illegal, harmful, or abusive activities, including but not limited to:

• Unlawful Communications: Sending spam or unsolicited mass communications in violation of law, sending harassing, defamatory, or obscene messages, or using the platform to stalk or harm individuals.

• Unlawful Content or Promotions: Storing or transmitting content that is illegal (e.g. hate speech, violence, child exploitation) or running promotions that are illegal (e.g. pyramid schemes, fraudulent offers).

• Violation of Privacy: Uploading personal data to the platform that you have no right to use, or violating privacy rights of individuals. (You must have proper consent or other legal basis for all personal data you upload – see Privacy Policy).

• Interference and Hacking: Attempting to interfere with or disrupt the platform’s integrity or performance (e.g. introducing viruses, excessive automated scraping, or reverse-engineering the software).

• Impersonation and Misrepresentation: Misrepresenting yourself or your affiliation, or using the platform in a way that suggests we endorse any statement or business practice when we do not.

We reserve the right to suspend or terminate accounts that engage in prohibited uses, and you may be subject to legal consequences for unlawful conduct.

5.4 Your Own Terms to Clients: If you use our platform to manage your clients or communicate with them, you should have your own client-facing terms and privacy notices as required by law. For example, if you send marketing messages to your clients via our platform, you need to ensure you provided them with appropriate notice and a way to opt-out, etc. While we provide the tools (like unsubscribe links), compliance with such obligations is up to you.

6. Intellectual Property and Data Ownership

6.1 Our Intellectual Property: All rights, title, and interest in and to the Scale My Salon platform and services (including our website content, logos, trademarks, the software’s underlying technology, and any training materials we provide) are owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable license to use the platform and materials for your internal business use during your subscription term. You may not copy, distribute, modify, or create derivative works of our intellectual property except as allowed by us in writing. You must not remove or obscure any proprietary notices on the platform.

6.2 Your Content and Data: You retain all rights to the content and data you input into the platform, including text, images, client information, and campaign materials (“Your Data”). By inputting Your Data, you grant Scale My Salon a permission to process and use that data for the purpose of providing the services (and improving them). This includes, for example, storing the data on our cloud systems, making backups, and transmitting it as you direct (sending emails/SMS to your contacts, etc.). We will not use or disclose Your Data for any purposes outside of providing the services, except as required by law or as permitted in our Privacy Policy. We claim no ownership over Your Data; you are responsible for ensuring you have the rights to use and upload it.

6.3 Client Data and Indemnity: If you upload personal data of third parties (such as your clients or leads) to the platform, you represent and warrant that you have obtained all necessary permissions or consents to do so and to allow us to process that data on your behalf​. You agree to indemnify and hold us harmless for any claims, fines, or damages arising from your failure to obtain proper consent or authority to use that personal data (for example, if a client alleges you added them to a marketing list without permission).

6.4 Feedback: If you provide us with feedback, suggestions, or ideas to improve Scale My Salon, we may use and incorporate them without obligation to you. Any such contributions are entirely voluntary and you waive any claim to intellectual property rights in those improvements.

7. Third-Party Services and Integrations

7.1 Use of Third-Party Platforms: Parts of our service may be delivered through or integrate with third-party platforms. In particular, Skool may be used for our online community or educational content delivery. Additionally, the core software (CRM/marketing platform) relies on third-party infrastructure and sub-processors (for example, Twilio for SMS delivery, email service providers, etc., managed through our white-label provider). When you use these aspects of the service, you may also be subject to the third parties’ terms and policies. For example, if you access training content on Skool, Skool’s own Terms of Service and Privacy Policy govern your use of that platform. We will provide links or references to those terms where applicable, and by using those features you agree to comply with the third-party terms. We do not have control over third-party services, so we are not liable for their acts or omissions. However, if you encounter an issue with a third-party integration, we will reasonably assist in liaising with that provider to resolve it.

7.2 Payment via Third Parties: In some cases, payments for certain offerings might be processed by third-party platforms. For instance, if a portion of our service (like a course or membership community) is sold through Skool or another platform, that platform might handle billing under its own terms. We will clarify during sign-up if any part of your fees is collected through a third party. Scale My Salon’s liability for payment processing is limited to payments we collect directly. We are not responsible for errors or breaches by third-party payment processors, though we choose reputable providers.

7.3 No Endorsement: The inclusion of third-party integrations or links (such as Facebook, Skool, or others) in our service is for your convenience. This does not imply an endorsement or verification by Scale My Salon of those third parties’ quality, policies, or practices. You should review the terms and policies of any third-party service you use.

8. Disclaimers of Warranties

8.1 “As Is” Service: Scale My Salon is provided on an “as is” and “as available” basis to the maximum extent permitted by law. While we strive to offer the best possible service, we make no warranties or representations that the platform or services will be uninterrupted, error-free, or will meet your specific requirements. We do not guarantee any specific results or business outcomes from using the software or our consulting. All conditions or warranties (express, implied or statutory) not expressly stated in these Terms (including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or arising from course of dealing or usage of trade) are hereby disclaimed to the fullest extent permitted by law.

8.2 No Guarantee of Results: You acknowledge that marketing and business growth involve inherent risk. Scale My Salon does not guarantee any outcome, such as the number of leads you will generate, the success of your advertising campaigns, or revenue increases. Any figures or projections we discuss are estimates or examples and not a promise of actual performance​. You accept that you are responsible for your own business results and that use of our platform and advice is at your discretion.

8.3 No Legal or Financial Advice: Our consulting may touch on marketing strategy, which could include suggestions regarding advertising content or targeting. However, nothing we provide should be considered legal advice, financial advice, or compliance assurance. You should consult your own legal advisors or compliance experts regarding regulatory questions (for example, what you can or cannot claim in your ads, or how privacy laws apply to your situation). We provide general information and tools, but you are responsible for ensuring your business practices are lawful.

8.4 Service Availability: We aim for high availability, but downtime can occur. Maintenance, updates by us or our third-party providers, or network failures may make the platform unavailable at times. We are not liable for any losses due to service unavailability, but we will try to inform you of planned maintenance and resolve any outages as soon as practicable.

9. Limitation of Liability

9.1 No Indirect Damages: To the fullest extent permitted by law, Scale My Salon (Digital Scaling Solutions Ltd) and its directors, officers, employees, contractors, and agents will not be liable to you for any indirect, consequential, incidental, special, or punitive damages. This includes, without limitation, any loss of profits, loss of revenue, loss of goodwill, loss of data, business interruption, or intangible losses arising out of or related to your use of (or inability to use) our platform or services. These limitations apply even if we have been advised of the possibility of such damages.

9.2 Cap on Direct Liability: To the extent we are found liable for any claim arising from or related to these Terms or your use of Scale My Salon, our aggregate liability will not exceed the total amount of fees you paid us in the 12 months preceding the event giving rise to the liability (or, if you have not paid any fees, then £100 GBP as a nominal cap). This limitation applies to all claims of any kind, whether based in contract, tort (including negligence), strict liability, or any other legal theory.

9.3 Third-Party and Data-Related Liability: Since our platform relies on third-party providers (including others), we are not liable for damages attributable to failures of any third-party system, data breach on a third-party’s servers, or other events outside our reasonable control. We do not assume liability for compliance failures or security breaches that occur on the infrastructure of our sub-processors, provided we have exercised due diligence in selecting and contracting with such providers. (We do, of course, take data protection seriously – see our Privacy Policy – but this clause means if, for example, the underlying software has a vulnerability unknown to us that leads to an incident, our liability is limited as stated here.)

9.4 Exceptions: Nothing in these Terms limits liability for personal injury or death caused by negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law. However, to the extent your local law permits liability waivers or limits in a business-to-business contract, we invoke those to the maximum extent.

9.5 Application of Limitations: You agree that the limitations of liability and warranty disclaimers in these Terms are fair and reasonable given the nature of the services and pricing, and that without them, the fees charged would likely be higher. These limitations form an essential basis of the bargain between you and us.

10. Indemnification

10.1 Your Indemnity to Us: You agree to indemnify, defend, and hold harmless Scale My Salon (Digital Scaling Solutions Ltd) and its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the platform or services, (b) your breach of these Terms or of any law or regulation in connection with your use of the service, (c) any content or data you submit or actions you take through the platform (including, for example, claims that you infringed someone’s rights or violated privacy laws in your marketing campaigns), or (d) any dispute between you and your own customers (for example, if a client of yours claims you made misleading promises to them, or mishandled their personal data, or violated their rights). We reserve the right to handle our legal defense as we see fit, including choosing our counsel, and you agree to cooperate fully with us in defending any claim. This indemnity obligation will survive termination of your use of Scale My Salon.

11. Term and Termination

11.1 Term: These Terms are effective from the moment you accept them (for instance, by signing up or clicking “I agree” or by using the service) and continue for as long as you use the service or have an active subscription.

11.2 Cancellation by You: You may cancel your subscription or stop using our services at any time. If you cancel, you will continue to have access until the end of your current billing period (unless otherwise agreed), and you will not receive a refund for the remainder of that period except at our discretion (see Refund Policy above). To cancel, you should notify us in writing (email to info@scalemysalon.com is acceptable) and follow any account cancellation procedures we provide.

11.3 Termination or Suspension by Us: We may suspend or terminate your account with or without prior notice if: (a) you breach any of these Terms or are using the service for an unlawful or prohibited purpose; (b) you fail to pay fees when due and do not cure within a reasonable grace period; (c) we are required to do so by law or a government order; or (d) we discontinue the platform or services altogether. In most cases, we will attempt to notify you and allow you to remedy any breach if feasible. Upon termination, your right to access the platform ceases and we may delete your account data after a certain retention period (as described in our Privacy Policy). It is your responsibility to export any important data before termination. We are not liable for any compensation or damages due to termination of your access in accordance with these Terms.

11.4 Survival: Any provisions of these Terms which by their nature should survive termination (such as indemnities, limitations of liability, governing law, confidentiality obligations, and any accrued rights to payment) will survive the termination or expiration of your relationship with Scale My Salon.

12. Governing Law and Dispute Resolution

12.1 Governing Law: These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales. If you are located outside of England, you agree that English law applies, provided that this choice of law does not deprive you of any consumer protections in your country of residence that are required to apply by law (if any, noting that you are likely using this service as a business).

12.2 Jurisdiction: The courts of England and Wales shall have exclusive jurisdiction over any disputes arising under or related to these Terms or the services. However, we reserve the right to seek injunctive or equitable relief in any jurisdiction to protect our intellectual property or confidential information.

12.3 Amicable Resolution: Before filing any legal claim, both you and we agree to first attempt to resolve the dispute informally by contacting the other party and providing a description of the issue. We will contact you via the email on your account; you can contact us at info@scalemysalon.com. If we cannot resolve the dispute within 30 days of initial notice, either party may proceed to formal legal remedies.

13. Miscellaneous

13.1 Changes to Terms: We may update or revise these Terms from time to time, especially as our services or the law evolves. If we make material changes, we will notify you by email or via the platform. The updated Terms will be posted with a “Last Updated” date. Continued use of the service after a revision becomes effective constitutes your acceptance of the new Terms. If you do not agree to changes, you must stop using the service and, if applicable, cancel your subscription.

13.2 Entire Agreement: These Terms (along with any Order Form, sign-up agreement, or addenda like a Data Processing Addendum, and any referenced documents such as the Privacy Policy) constitute the entire agreement between you and Digital Scaling Solutions Ltd regarding Scale My Salon, superseding any prior agreements or understandings (whether written or oral) relating to the same subject matter.

13.3 No Waiver: If we do not enforce a provision of these Terms, that is not a waiver of our right to do so later. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Scale My Salon.

13.4 Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will be severed and the remaining provisions will remain in full effect. The invalid provision shall be interpreted, if possible, to fulfill its intended purpose or otherwise eliminated to the minimum extent necessary.

13.5 Assignment: You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may assign these Terms or subcontract our obligations (for example, to our service providers) as needed, but will remain responsible for our obligations to you.

13.6 No Partnership: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us. You are an independent business using our services.

13.7 Notices: Official notices to Scale My Salon must be sent to our registered business address (as listed in public records for Digital Scaling Solutions Ltd) with a copy emailed to info@scalemysalon.com. We will send official notices to you at the email or physical address you have provided, or via prominent posting on our platform.