TERMS OF SERVICE

1. WHO WE ARE; AGREEMENT TO THESE TERMS

These Terms of Service (the “Terms”) are an agreement between you and SuppScale LLC, a Texas limited liability company doing business as “SuppScale” (“SuppScale,” “we,” “us,” or “our”). They govern:

• the website located at www.suppscale.io, together with its forms, scheduling tools, and the communications we send in connection with them (the “Website”); and
• the SuppScale platform, including the application at admin.suppscale.io, the e-commerce storefronts we build and host for customers, our onboarding and done-for-you services, and related tools and support (the “Platform”).

The Website and the Platform are together the “Services.” You accept these Terms by using the Services — including browsing the Website, submitting a form, booking a call, checking a consent box that references these Terms, creating or signing in to a Platform account, or using the Platform. If you do not agree, do not use the Services.

If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” includes it. If you and SuppScale have signed a separate order form, proposal, or services agreement, that document controls over these Terms to the extent of any conflict. These Terms incorporate our Privacy Policy.

2. THE SERVICES

The Website describes SuppScale and lets you request information, apply for promotional offers, and schedule a consultation with our team.

The Platform is software and services that help supplement brands create, host, and improve e-commerce pages, and may include: AI- assisted generation and editing of pages, copy, and imagery; hosting of your storefront on a SuppScale subdomain and/or custom domains you connect; offers, bundles, subscriptions, and post-purchase upsells; A/B split testing; first-party analytics and revenue reporting; review import, moderation, and display; email and SMS capture connected to your marketing platform; and integration with your Shopify store. Portions of the Platform may be delivered hands-on by our team (the “Done-For-You Services”).

We are continuously improving the Services and may add, change, or remove features. We will not materially reduce the core functionality of a paid subscription during a period you have already paid for without notice.

3. ELIGIBILITY; BUSINESS USE

The Services are intended solely for business use by people who are at least 18 years old. They are not offered to consumers for personal, family, or household purposes. By using the Services you represent that you meet these requirements and that your use complies with the laws that apply to you.

4. WEBSITE CONTENT, OFFERS, AND PRICING

Content on the Website is provided for general information. Pricing, promotional offers (including free or discounted services), feature descriptions, and availability shown on the Website are informational only, may be limited in quantity or duration, and may be changed, corrected, or withdrawn at any time without notice. Nothing on the Website is a binding offer; a paid engagement with SuppScale is formed only when you sign up for the Platform, accept an offer we present, or enter into a separate written or electronic agreement with us. Stated dollar “values” of services included in a promotional offer are for comparison only and are not redeemable for cash or credit.

5. SCHEDULING AND CALLS

When you book a call, you select an available time and we create a calendar event, send you an invitation, and send confirmation messages (calls are typically hosted on Google Meet). You agree to provide accurate, current contact information when booking. You may cancel or reschedule using the links we provide or by contacting us, and we may likewise cancel or reschedule a call. Booking a call does not obligate either you or us to enter into any business relationship.

6. TEXT MESSAGE (SMS) TERMS

By checking the consent box on our forms and providing your mobile number, you agree to receive text messages from or on behalf of SuppScale relating to your inquiry, including scheduling confirmations, reminders, updates, and related follow-ups. The following terms apply to that messaging program:

• Message frequency varies.
• Message and data rates may apply.
• Reply STOP at any time to cancel and opt out of further texts. After you send STOP, you may receive one additional message confirming your opt-out.
• Reply HELP for help, or contact us at mike@suppscale.io.
• Consent to receive text messages is not a condition of any purchase.
• Text messages are currently supported for United States and Canadian phone numbers only.
• Mobile carriers are not liable for delayed or undelivered messages.

Information collected in connection with text messaging is handled as described in our Privacy Policy.

7. ACCOUNTS AND ACCESS

Platform accounts are provisioned by SuppScale as part of a customer engagement, or created when a teammate at an existing customer invites you. Signing in without an active customer organization does not by itself give you access to the Platform.

You are responsible for the security of your sign-in method (email magic links and connected sign-in providers), for keeping your account information accurate, and for all activity under your organization’s accounts, including teammates you invite. Organization administrators can add, remove, and change the roles of members. Notify us promptly at mike@suppscale.io if you suspect unauthorized access.

Support access. You authorize SuppScale personnel to access your organization and its accounts — including by signing in to the Platform as a user of your organization — as needed to provision your storefront, deliver the Done-For-You Services, provide support, maintain the Services, and investigate problems or suspected abuse.

We may suspend access to protect the Services, other customers, or end customers, or if we believe these Terms have been violated.

8. SUBSCRIPTIONS, FEES, AND PAYMENT

Fees for the Platform are the fees presented to you when you sign up or as otherwise agreed with us in writing (including by invoice). Unless stated otherwise, subscriptions are billed in advance on a monthly basis and renew automatically each billing period until canceled under Section 18.

• Price changes. We may change subscription pricing with at least 30 days’ notice; changes take effect at your next billing period. Promotional and beta pricing may be limited in duration and may end as described in the applicable offer.
• Taxes. Fees are exclusive of taxes; you are responsible for applicable sales, use, and similar taxes, excluding taxes on our income.
• Non-payment. If fees are not paid when due, we may suspend or terminate the Platform (including storefront hosting) after notice and a reasonable opportunity to pay.
• Refunds. Except where required by law or expressly stated in the applicable offer, fees are non-refundable and there are no refunds or credits for partial billing periods.
• Plan limits and fair use. Your plan may include usage entitlements (for example, published builds, AI generations, or team seats). AI generation consumes real compute; we may apply reasonable fair-use limits and may throttle or pause usage that substantially exceeds normal use of your plan, and will work with you on an appropriate plan if that happens.

9. DONE-FOR-YOU SERVICES AND BETA FEATURES

Done-For-You Services (such as strategy calls, setup, website buildout, integration setup, and training) are as described in the offer you accept. Delivery timeframes we communicate — including any “built in 24 hours” target — are good-faith goals, not guarantees, and depend on your timely cooperation, including access to your Shopify store, brand assets, and domain settings.

Features identified as beta, preview, or early access are provided as-is, may change or be discontinued at any time, and may be subject to additional terms we present with them.

10. YOUR CONTENT

“Your Content” means everything you or your team submit to or connect with the Services: your brand assets, logos, product information and images, copy, testimonials and ambassador materials, customer reviews you import, marketing lists you build, and data or content flowing from accounts you connect (such as your Shopify store).

You retain ownership of Your Content. You grant SuppScale a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt, modify (for example, reformatting or image processing), publish, publicly display, and distribute Your Content as needed to operate, provide, secure, and improve the Services — including displaying it on your storefront and in previews and drafts.

You represent and warrant that:

• you own Your Content or have all rights needed to use it and to grant this license, including rights to any person’s name, image, likeness, or testimonial that appears in it;
• customer reviews you import or publish are genuine reviews of the actual product they are displayed with, and your collection, import, and display of them complies with applicable law (including the FTC’s rules on consumer reviews and testimonials) and with any agreements that apply to their source; and
• contact lists you build or upload were collected with any legally required notice and consent.

Portfolio use. We may identify your brand as a SuppScale customer and show pages you have published with the Platform in our own marketing (for example, in page-example galleries). You can opt out at any time by emailing mike@suppscale.io, and we will remove your brand from future marketing materials within a reasonable time.

11. AI-GENERATED CONTENT

The Platform uses third-party artificial intelligence models to generate page copy, imagery, and related content (“Generated Content”) from Your Content, your instructions, and your brand settings. You understand and agree that:

• Generated Content may be inaccurate, incomplete, or unsuitable, and similar or identical output may be produced for other users. You must review Generated Content before publishing it, and you decide what goes live — you are the publisher of your storefront;
• to the extent SuppScale holds any intellectual property rights in Generated Content incorporated into your published pages, we assign those rights to you upon payment of the applicable fees. Some AI-generated material may not be protectable by copyright, and we make no promise that Generated Content is registrable or non-infringing; and
• automated checks the Platform runs on Generated Content (for example, claim, dosage, or review-matching checks) are quality aids only and are not a substitute for your own review or professional advice.

12. YOUR COMPLIANCE RESPONSIBILITIES

You — not SuppScale — are solely responsible for your products and your marketing. That includes:

• the safety, quality, labeling, and lawfulness of your products, including compliance with the Federal Food, Drug, and Cosmetic Act and DSHEA for dietary supplements;
• the substance and substantiation of every claim on your storefront — whether written by you, your team, or generated by the Platform — including structure/function claims, required disclaimers, and FTC advertising and endorsement requirements;
• your marketing to your own customers and subscribers, including compliance with CAN-SPAM, the TCPA, carrier and messaging-program rules, and state marketing laws, and configuring the consent language shown in your capture forms (we provide editable defaults, but the disclosures shown to your visitors are yours); and
• your storefront’s own legal notices — your privacy policy, store terms, shipping and refund policies, and cookie or tracking disclosures required by the analytics and advertising tools you choose to enable.

SuppScale is not a law firm, and nothing in the Services — including Generated Content and built-in compliance aids — is legal, financial, or regulatory advice.

13. SHOPIFY AND OTHER INTEGRATIONS

Shopify. Connecting your Shopify store authorizes SuppScale to access it with the permission scopes approved at installation — including reading your catalog and store data, receiving order information via webhooks, creating discounts and selling plans, uploading files, installing and managing a SuppScale proxy theme, and creating the storefront credentials your hosted site needs. Your relationship with Shopify is governed by Shopify’s own terms. Checkout, payment processing, taxes, and customer accounts for your storefront run on Shopify; SuppScale never receives or stores your shoppers’ payment card details.

Other connected services. If you provide credentials or identifiers for third-party services (for example, a Klaviyo API key or Google, Meta, or TikTok tag IDs), you authorize us to store and use them to provide the Services on your behalf. You are responsible for your accounts with those services, for the obligations your configuration choices trigger (such as consent requirements for advertising pixels), and for their fees.

Third-party services are governed by their own terms and policies. We are not responsible for third-party services, and features that depend on them may stop working if your third-party account is suspended, disconnected, or changed.

14. HOSTING, DOMAINS, AND AVAILABILITY

We host your storefront on infrastructure we manage, at a suppscale.io subdomain we assign and/or custom domains you connect. You represent that you own or control any custom domain you connect, and you authorize us to configure it on our hosting infrastructure. Your DNS remains under your control at your registrar at all times.

We work to keep the Services available but do not guarantee uninterrupted or error-free operation. We may perform maintenance, change our hosting infrastructure, and take reasonable emergency action to protect the Services. You control when your pages are published; we may remove or disable content that we believe violates these Terms or applicable law.

15. END CUSTOMER DATA; OUR ROLE AS SERVICE PROVIDER

“End Customer Data” means data about the visitors and buyers of your storefront that we process on your behalf — such as measurement events keyed to random identifiers, order records mirrored from your Shopify store (which are designed to exclude shopper names, email addresses, physical addresses, and payment details), email and phone sign-ups relayed to your connected marketing platform, and reviews displayed on your storefront.

For End Customer Data, you are the business (controller) and SuppScale is your service provider (processor). We will: process End Customer Data only to provide the Services under these Terms and your documented instructions; not sell it or use it for our own marketing; limit access to personnel who need it and bind them to confidentiality; use the subprocessors identified in our Privacy Policy; provide reasonable assistance with privacy-rights requests you receive; and, on termination, delete or return End Customer Data on your written request, subject to legal retention requirements and routine backup cycles.

You are responsible for giving your storefront’s visitors any legally required privacy notices and for obtaining any legally required consents.

16. INTELLECTUAL PROPERTY

The Services — including the Platform, its rendering engine, themes, templates, page designs, software, and the content of the Website — are owned by SuppScale LLC or its licensors and are protected by intellectual property laws. SuppScale™ and the SuppScale wordmark are trademarks of SuppScale LLC.

We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for your internal business purposes during your subscription, and to access and use the Website for its intended informational purpose. Except as allowed by law, you may not copy, scrape, republish, distribute, resell, reverse engineer, or create derivative works from the Services without our prior written permission.

If you send us feedback, ideas, or suggestions about the Services, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

17. ACCEPTABLE USE

You agree not to:

• use the Services for any unlawful purpose;
• use the Platform to market products that cannot lawfully be sold, or to publish content that is deceptive, defamatory, or infringing;
• submit false, misleading, or third-party information through our forms, or book calls you do not intend to attend;
• interfere with the Services, including through bots, scraping, probing, or attempts to overload or disrupt our infrastructure;
• bypass or attempt to bypass any security or access controls, usage limits, or plan entitlements, or access non-public areas of the Services or other customers’ data;
• impersonate any person or entity;
• use the Services to develop a competing product, or use AI generation features for bulk output unrelated to your own storefront; or
• infringe the intellectual property or other rights of any person.

We may suspend or terminate your access to the Services, and remove content, if we believe these Terms have been violated.

18. TERM, CANCELLATION, AND TERMINATION

Your subscription continues until canceled. You may cancel at any time by emailing mike@suppscale.io (or through the Platform where available); cancellation takes effect at the end of your current billing period.

We may terminate or suspend your subscription for material breach of these Terms (with notice and a reasonable opportunity to cure, where practical), for non-payment under Section 8, or where necessary to comply with law or protect the Services. We may also discontinue the Platform or your subscription for convenience on at least 30 days’ notice, in which case we will refund any prepaid fees for the unused portion of your subscription.

Effect of termination. When your subscription ends, hosting of your storefront ceases and you are responsible for repointing your domains. If you ask within 30 days after termination, we will provide reasonable assistance exporting Your Content; after that we may delete data associated with your organization, subject to Section 15 and legal retention requirements. Sections that by their nature should survive — including Sections 10 through 12, 15, 16, and 19 through 24 — survive termination.

19. DISCLAIMERS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

Examples, page designs, statistics, testimonials, and results referenced on the Website or in our marketing are illustrative. They are not a promise or guarantee of the results your brand will achieve; outcomes depend on factors outside our control, including your products, pricing, advertising, and market conditions. Without limiting Section 12, nothing in the Services is legal, financial, or regulatory advice — including with respect to the marketing, labeling, or sale of dietary supplements.

20. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) SUPPSCALE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES; AND (B) SUPPSCALE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you; in that case, the section applies to the fullest extent permitted.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SuppScale LLC and its officers, members, employees, and agents from and against any claims, damages, and expenses (including reasonable attorneys’ fees) arising out of: your products and their marketing, labeling, or sale; Your Content, including reviews and testimonials you import or publish; your marketing to your own customers and subscribers; your misuse of the Services; your violation of these Terms; or your violation of any law or the rights of any third party.

22. GOVERNING LAW; VENUE; DISPUTES

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state courts located in Collin County, Texas, or the federal courts of the Eastern District of Texas, and you and we each consent to personal jurisdiction and venue in those courts.

TO THE EXTENT PERMITTED BY LAW, YOU AND SUPPSCALE EACH WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

23. CHANGES TO THESE TERMS

We may update these Terms from time to time. The “Last updated” date at the top of this page shows when they were most recently revised. For material changes that affect an active paid subscription, we will give reasonable advance notice by email or through the Platform. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

24. GENERAL

These Terms, together with the Privacy Policy, any offer you accept, and any separately signed agreement, are the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. The parties are independent contractors. Notices to us may be sent to the contact in Section 25; notices to you may be sent to the email address associated with your account or inquiry. Headings are for convenience only.

25. CONTACT US

Questions about these Terms can be sent to:
SuppScale LLC
5701 Scruggs Way, Apt 10307
Plano, TX 75024, USA
Email: mike@suppscale.io