Terms of Service

1. Acceptance of Terms

By accessing, using, or registering for any services provided by ScaleTrax Accelerator LLC ("ScaleTrax," "we," "us," or "our"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. These Terms constitute a legally binding agreement between you and ScaleTrax. If you do not agree with any part of these Terms, you must not access or use our services.

These Terms apply to all users of our services, including without limitation users who are browsers, vendors, customers, merchants, program companies, partners, and contributors of content. Your access to and use of our services is conditioned on your acceptance of and compliance with these Terms.

2. Service Description and Scope

ScaleTrax is a technology-focused accelerator program that provides comprehensive mentorship, support, and growth services to early-stage startups. Our services include, but are not limited to:

• 12-week intensive accelerator program
• Program support and growth opportunities
• Specialized mentorship and advisory services
• Technical guidance and development support
• Demo day preparation and partner introductions
• Market research and industry analysis
• Network access and partnership facilitation
• Go-to-market strategy and scaling support

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We do not guarantee the availability, accuracy, or reliability of our services and may experience downtime or interruptions.

3. Program Selection Process and Due Diligence

Our program selection process involves multiple stages of evaluation and due diligence. By submitting an application or engaging with our services, you acknowledge and agree to the following:

3.1 Application and Initial Review

All applications must be complete, accurate, and truthful. Any misrepresentation or omission of material facts may result in immediate disqualification and potential legal action. We reserve the right to request additional information, documentation, or clarification at any stage of the process.

3.2 Due Diligence Process

Our due diligence process may include, but is not limited to: business audits, legal reviews, market analysis, technology assessments, management evaluations, reference checks, background investigations, and third-party validations. You agree to cooperate fully with this process and provide all requested information in a timely manner.

3.3 Program Decision

All program decisions are made at our sole discretion based on our internal criteria, market conditions, and strategic objectives. We are under no obligation to provide program acceptance to any applicant, regardless of the stage of evaluation reached. No commitment or obligation to accept exists until definitive legal agreements are executed by all parties.

4. Regulatory Compliance and Business Laws

ScaleTrax operates in strict compliance with all applicable business laws, regulations, and regulatory requirements, including but not limited to:

4.1 Business Regulations

All program activities are conducted in accordance with applicable business and educational regulations. Our services are available to qualifying startups and entrepreneurs as defined by our program criteria.

4.2 Anti-Money Laundering (AML) and Know Your Customer (KYC)

We maintain comprehensive AML and KYC procedures in compliance with the Bank Secrecy Act, USA PATRIOT Act, and other applicable anti-money laundering regulations. All clients and program companies are subject to identity verification, background checks, and ongoing monitoring for suspicious activities.

4.3 Foreign Corrupt Practices Act (FCPA)

We strictly prohibit any form of bribery, corruption, or improper payments in connection with our business activities. All parties engaging with ScaleTrax must comply with the FCPA and similar anti-corruption laws worldwide.

5. Data Protection and Privacy

We are committed to protecting your personal and business information in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other relevant privacy regulations.

5.1 Data Collection and Processing

We collect, process, and store personal and business data only for legitimate business purposes related to our program activities. This includes contact information, business data, business plans, intellectual property information, and other materials necessary for program evaluation and company management.

5.2 Data Security

We implement industry-standard security measures to protect your information, including encryption, access controls, regular security audits, and employee training programs. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

6. Intellectual Property Rights

All content, materials, and intellectual property on our platform and in our services are owned by or licensed to ScaleTrax and are protected by copyright, trademark, patent, and other intellectual property laws.

6.1 ScaleTrax Intellectual Property

Our trademarks, service marks, trade names, logos, domain names, and other distinctive brand features are the exclusive property of ScaleTrax. You may not use our intellectual property without our prior written consent.

6.2 User-Submitted Content

By submitting content to us, you grant ScaleTrax a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute such content solely for the purposes of evaluating program opportunities and providing our services. You retain ownership of your intellectual property rights.

7. Confidentiality and Non-Disclosure

We maintain the highest standards of confidentiality regarding all proprietary and sensitive information shared with us during our business relationship.

7.1 Confidential Information

Confidential information includes, but is not limited to: business plans, business statements, customer lists, technical specifications, trade secrets, strategic plans, market research, and any other non-public information disclosed to us.

7.2 Permitted Disclosures

We may disclose confidential information only: (a) with your prior written consent, (b) to our employees, advisors, and service providers who need to know such information, (c) as required by law or legal process, or (d) to potential co-partners or program partners under appropriate confidentiality agreements.

8. Program Participation and Disclaimers

Accelerator program participation involves business risks and requires commitment to program requirements and milestones.

8.1 Risk Factors

Program participation risks include, but are not limited to: business challenges, market volatility, regulatory changes, technology risks, management risks, competitive risks, and economic downturns. Past performance does not guarantee future results.

8.2 No Business Advice

Our services do not constitute business advice, and we do not provide personalized business recommendations. All business decisions should be made based on your own analysis and consultation with qualified advisors.

9. Limitation of Liability and Indemnification

9.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCALETRAX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Indemnification

You agree to indemnify, defend, and hold harmless ScaleTrax and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or relating to your use of our services, violation of these Terms, or infringement of any third-party rights.

10. Dispute Resolution and Arbitration

10.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in New York, New York.

10.2 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not as part of a class, collective, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in New York County, New York.

12. Force Majeure

ScaleTrax shall not be liable for any failure or delay in performance under these Terms that is due to fire, flood, earthquake, pandemic, government action, war, terrorism, cyber attacks, or other causes beyond our reasonable control. In such events, our obligations shall be suspended for the duration of the force majeure event.

13. Severability and Entire Agreement

13.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be replaced with an enforceable provision that most closely reflects the original intent.

13.2 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and ScaleTrax regarding our services and supersede all prior or contemporaneous communications and proposals.

14. Termination and Survival

We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use our services shall cease immediately. Provisions that by their nature should survive termination shall survive, including confidentiality, intellectual property, limitation of liability, and dispute resolution provisions.

15. Modifications to Terms

We reserve the right to modify these Terms at any time by posting the revised Terms on our website. Material changes will be effective 30 days after posting, while non-material changes will be effective immediately. Your continued use of our services after any modification constitutes acceptance of the revised Terms.

16. Contact Information and Legal Notices

For questions about these Terms of Service, legal notices, or other communications, please contact us at:

All legal notices must be sent in writing to the above address and will be deemed received when actually received by us.