Last updated: 29 June 2026
These Terms & Conditions form a legal agreement between you and TMC Media Pty Ltd ABN 26 660 757 415, trading as Scalus App ("Scalus"), for the use of Scalus services. By using our website or services, you accept these terms.
Scalus provides website hosting, marketing automation, lead management and related services as outlined in your package agreement. Services are provided "as is" and "as available". We aim for high availability but do not guarantee uninterrupted, error-free or uninterruptible service, and we do not provide a guaranteed uptime commitment.
Pricing is quoted in Australian dollars including GST. Fees are billed monthly in advance by automatic payment on your billing date. Late or failed payments may result in service suspension. If you change packages, pricing adjusts proportionally from the next billing date.
This is a rolling month-to-month agreement with no fixed end date. Fees are billed monthly in advance. Either party may cancel by giving the other at least 30 days' written notice. To cancel, send written notice to hello@scalus.app (a notice sent to any of our published business email addresses is also valid). We will acknowledge cancellation requests in writing.
The 30-day notice period is itself a final billing cycle. During the notice period we continue to provide your services and you remain liable for the fees for that period. In practice this means that, because fees are billed monthly in advance, your next scheduled monthly payment after you give notice is charged as normal and is your final payment, and your services continue until the end of that paid period, after which the agreement ends. This is payment for the services we provide during your notice period; it is not a penalty or an additional charge for cancelling.
Fees already paid for services performed or the current and notice billing periods are non-refundable; this does not limit any right you have under the Australian Consumer Law (see clause 9). We'll provide you with an export of your data within 30 days of the agreement ending.
Scalus Lite is a reduced "standard website" plan. It keeps your website live and hosted with basic contact/enquiry forms, but does not include the automations, website chat bot, Google review system, smart voicemail, SMS automations, live dashboard or other growth features that come with our full plans. Existing clients may elect to roll their site back to basic forms and keep the website active on Scalus Lite for $150 + GST ($165 inc GST) per month. Scalus Lite includes limited support only. Ongoing development on Scalus Lite (changes, new pages, new features or any work beyond keeping the website live) is charged separately at $225 per hour; we will quote any such work before commencing. Scalus Lite is month to month with no lock-in, and you may move back to a full Scalus plan at any time. See scalus.app/lite for details.
Ownership. Where Scalus produces photography, video, audio, graphics, copy or other creative material for you ("Produced Content"), Scalus produces it using its own creative and professional judgement and owns and retains all rights, title and interest in that Produced Content. This includes both the finished, delivered pieces and all raw footage, source files, project files, outtakes and unedited material. No ownership of, or assignment of any intellectual property in, the Produced Content is transferred to you. Ownership remains with Scalus at all times, including after this agreement ends.
You are paying to use the content, not to own it. Your fees are a recurring subscription and licence fee for ongoing access to and use of your services and content; they are not a one-off purchase of ownership. While you are an active, paid-up Scalus client, Scalus grants you a non-exclusive, non-transferable licence to use the finished, delivered Produced Content for the marketing of your own business. This licence does not include the raw footage or source files. Because you are paying for ongoing access rather than ownership, your licence to use the Produced Content ends when this agreement ends or your account is cancelled or suspended.
Wind-down and buy-out. To avoid disruption when you leave, any live advertising campaigns using the Produced Content may continue to run for up to 30 days after cancellation. You may also ask us, in writing, for a perpetual licence to, or an assignment of, specific finished deliverables, which we may grant on payment of a buy-out fee agreed in writing.
Moral rights. You acknowledge that moral rights belong to the individual creators of content. You consent (and confirm you have obtained any necessary consents) to the Produced Content being used, reproduced, edited, adapted, cropped, combined and modified without attribution to any individual creator and without any such act being treated as derogatory, by Scalus, by you and by anyone we or you authorise.
Our portfolio. You grant Scalus a perpetual, royalty-free licence to use the Produced Content (and the underlying footage), the campaign and its results, and your business name, logo and branding, as advertising, marketing, promotional, portfolio and case-study material for Scalus across any media. You confirm you have obtained, and have passed to us, any consents and releases needed from individuals appearing in materials you supply. If you do not want a specific piece of content used in this way, tell us in writing and we will use reasonable efforts to honour that request going forward.
Scalus owns and retains all rights, title and interest in the Scalus platform, systems, software, code, websites, dashboards, automations, automation configurations, workflows, integrations, designs, templates and all related technology and intellectual property (the "System"), including any custom builds, configurations or features developed for you. The System is proprietary to Scalus.
You do not buy, and never acquire ownership of, the System or any part of it. Your monthly fee is a fee to access and use the System on a leased, licensed basis for as long as you are an active, paid-up client. Scalus grants you a non-exclusive, non-transferable, revocable licence to use the System solely for your own business during the term of this agreement. This licence — and your right to access and use any website, dashboard, automation, system or custom build provided to you — ends immediately if this agreement ends or your account is cancelled or suspended. On termination you have no right to retain, copy, export (other than the data export in clause 4), reproduce, host elsewhere, or continue using the System or any custom build, and Scalus may deactivate your access.
You retain ownership of your own underlying content and data that you supply to us (for example your text, logos, images and business information). You grant Scalus a licence to use and modify that content and data to operate the services. This clause is subject to clause 6 (Content & Footage), which governs material Scalus produces for you.
You agree to:
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law. The following limitations apply only to the maximum extent the law permits.
To the maximum extent permitted by law, Scalus is not liable for any loss or damage of any kind arising from or connected with the services, including (without limitation) loss or corruption of data, data breaches, loss of leads, contacts or records, system or website downtime, outages, hosting or third-party platform failures, deletion or loss of content, lost profits, lost revenue, lost business, business interruption, or any indirect, incidental, special or consequential loss — whether or not Scalus was advised of the possibility of such loss and whether arising in contract, tort (including negligence) or otherwise.
Scalus does not warrant that the services will be uninterrupted, error-free, secure, or that any data will not be lost. Your responsibility for backups is set out in clause 10 (Backups & Data).
Where our services are not of a kind ordinarily acquired for personal, domestic or household use, and to the extent the law permits us to limit (rather than exclude) liability for failure to comply with a consumer guarantee, our liability for that failure is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied. In any event, and to the maximum extent permitted by law, Scalus's total aggregate liability to you for all claims arising under or in connection with this agreement is limited to the total fees you paid to Scalus in the 12 months immediately before the event giving rise to the claim.
You are solely and exclusively responsible for maintaining your own independent, offsite, up-to-date backups of all of your data, content, leads, contacts, records, files, configurations and any other information you store in, generate through, or supply to the services. You acknowledge and agree that:
Scalus makes no warranty or guarantee that any backup will exist, be complete, be recoverable, or be available to you. Scalus has no obligation to maintain, provide, restore or preserve any backup for any reason. Any backup or redundancy systems Scalus may use internally are at Scalus's sole discretion and subject to change or removal without notice. You must not rely on any statement, representation or implication that Scalus maintains backups for your benefit.
To the maximum extent permitted by law, and subject to clause 9 and your non-excludable rights, Scalus is not liable for any loss, corruption, deletion, modification, breach, unavailability or irrecoverability of your data or content where that occurs despite us having taken the reasonable security steps described in clause 11, or where it is caused by an event outside our reasonable control (including data centre outage, hosting or third-party service failure, or malicious access by a third party). It remains your responsibility to maintain backups sufficient to restore your business if any data is lost, destroyed or becomes unavailable.
On termination or cancellation of this agreement, the only data export Scalus is obliged to provide is described in clause 4. After that export period expires (30 days), Scalus may immediately and permanently delete all of your data, backups, logs, files and records without liability or notice, and you will have no right to recover it.
We take reasonable steps, consistent with good industry practice, to protect the data we hold in our systems. These steps may include, where appropriate, encryption in transit, access controls and authentication, the use of reputable, established third-party cloud hosting, infrastructure and software providers, and confidentiality expectations on our team. We aim to use strong, current security practices and to choose providers that do the same.
However, you acknowledge and agree that no website, system, software, network or method of electronic storage or transmission is completely secure, and that no provider can guarantee absolute security. Despite the steps we take, we cannot and do not guarantee that our systems, or those of our third-party providers, will be free from unauthorised access, hacking, malware, interference, data breach, loss or corruption. Some risks — including new or sophisticated cyber-attacks, vulnerabilities in third-party software, and other events — are not reasonably foreseeable or preventable, and are outside our reasonable control.
To the maximum extent permitted by law, Scalus is not liable for any loss, damage, harm or cost arising from any unauthorised access to, or disclosure, loss, corruption or unavailability of, data, where that event occurs despite us having taken the reasonable steps described above, or where it is caused by a third party, by you, or by a system, provider, attack or event outside our reasonable control. Nothing in this clause limits any right you have under the Australian Consumer Law or other law that cannot lawfully be excluded (see clause 9).
We aim to handle personal information consistently with the Privacy Act 1988 (Cth), the Australian Privacy Principles and our Privacy Policy. Where you supply us with personal information about your own customers, leads or contacts, you confirm you are entitled to do so and have any consents needed for us to handle that information to provide the services.
Nothing in these terms excludes, restricts, modifies or otherwise affects any obligation we have, or any right you or any individual has, under the Privacy Act 1988 (Cth), including our obligations under the Notifiable Data Breaches scheme to assess and notify eligible data breaches. Those obligations continue to apply in full regardless of any limitation of liability in these terms.
Scalus services are provided "as is" without warranties. We don't guarantee specific results, lead volume or business outcomes. Results depend on your industry, location, business quality and many factors outside our control.
Support is provided during business hours (9am to 5pm AEST, Monday to Friday). Scheduled maintenance may occur with advance notice. Emergency maintenance may occur without notice.
Scalus integrates with third-party services (payment processors, SMS providers, etc.). You agree to comply with their terms of service. Scalus is not liable for issues with third-party services.
We may update these terms from time to time. We will post any changes here and, where a change is material, give you at least 30 days' notice before it takes effect. If you do not accept a material change, you may cancel the agreement without penalty before the change takes effect, in which case clause 4 applies. Continued use after a change takes effect constitutes acceptance.
Disputes are governed by the laws of Victoria, Australia. Both parties agree to attempt resolution through good-faith negotiation before legal action.
Questions about these terms? Contact us at terms@scalus.app.