Effective Date: July 01, 2026

These Terms of Service, together with any applicable order form, subscription agreement, Data Processing Agreement, Privacy Policy, Acceptable Use Policy, and other policies referenced in these Terms, collectively form the “Agreement.”

The Agreement is a legally binding contract between you and PARGO Digital Inc., a Delaware corporation doing business as skale.social.

In these Terms:

• “Skale,” “skale.social,” “we,” “us,” and “our” mean PARGO Digital Inc.

• “Customer,” “you,” and “your” mean the individual or legal entity accessing or using the Services.

• “Authorized User” means an employee, contractor, representative, client, or other person whom a Customer permits to use its account.

• “Services” means the Skale.social website, platform, mobile applications, software, APIs, integrations, analytics, scheduling tools, artificial intelligence features, advertising tools, and related products and services.

• “Customer Content” means content, data, materials, media, information, instructions, prompts, and files submitted, uploaded, connected, scheduled, published, transmitted, or otherwise made available through the Services.

• “Third-Party Platform” means a social network, advertising network, payment processor, application store, analytics provider, artificial intelligence provider, or other third-party service that connects to or supports the Services.

By creating an account, purchasing a subscription, clicking to accept these Terms, or accessing or using the Services, you agree to be bound by the Agreement.

If you do not agree to the Agreement, you must not access or use the Services.

1. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding contract to use the Services.

If you use the Services on behalf of a company, organization, agency, client, or other legal entity, you represent and warrant that:

1. You have authority to bind that entity to the Agreement.

2. You have all permissions necessary to connect and manage the applicable accounts.

3. Your use of the Services is for lawful business or professional purposes.

4. The entity agrees to be responsible for your actions and the actions of its Authorized Users.

The Services are not intended for children under 13.

2. Business and Professional Use

Skale.social is designed primarily for businesses, agencies, organizations, creators, marketing professionals, and other commercial or professional users.

Unless we expressly agree otherwise in writing, the Services are not provided for personal, family, household, or consumer purposes.

You are responsible for determining whether consumer-protection laws apply to your use of the Services.

3. Account Registration

You may be required to create an account to use some or all of the Services.

You agree to provide accurate, current, and complete registration information and to keep that information updated.

You are responsible for:

• Maintaining the confidentiality of your login credentials

• Using strong and secure passwords

• Restricting access to your account

• Managing Authorized Users and permissions

• All activity occurring through your account

• Immediately notifying us of suspected unauthorized access

• Ensuring that all Authorized Users comply with the Agreement

You may not:

• Share login credentials with unauthorized persons

• Impersonate another person or entity

• Create an account using false information

• Create accounts for fraudulent, abusive, or unlawful purposes

• Sell, transfer, sublicense, or assign your account without our permission

• Circumvent account limits, subscription limits, or security controls

We may require identity, business, or account verification at any time.

4. Account Administrators and Authorized Users

A Customer may designate one or more account administrators.

Account administrators may be able to:

• Add or remove Authorized Users

• Assign roles and permissions

• Connect or disconnect Third-Party Platforms

• Access Customer Content

• Review account activity

• Modify subscriptions

• Manage billing

• Delete workspaces or accounts

The Customer is responsible for all decisions and actions taken by its administrators and Authorized Users.

If an account is created or managed using a company-controlled email address, the applicable company or organization may be treated as the account owner and may be able to control, transfer, or terminate the account.

5. The Services

Subject to the Agreement, Skale grants you a limited, nonexclusive, nontransferable, nonsublicensable, revocable right to access and use the Services during your applicable subscription term.

The Services may include:

• Social media account connections

• Content planning and calendars

• Post scheduling and publishing

• Media storage

• Team collaboration

• Approval workflows

• Analytics and reporting

• Comment or message management

• Advertising tools

• Link tracking

• Automation tools

• Artificial intelligence features

• API access

• White-label or client reporting

• Other features made available by Skale

Features may vary by plan, location, device, Third-Party Platform, or subscription level.

We may add, remove, modify, suspend, or discontinue features at any time.

We do not guarantee that every feature will always be available or supported.

6. Free Plans and Trials

Skale may offer free plans, limited-access plans, promotional plans, beta features, or trial periods.

Free and trial Services may:

• Include reduced functionality

• Include lower usage limits

• Be supported by advertising

• Restrict the number of users or connected accounts

• Restrict data history or storage

• Be modified or discontinued without notice

• Be converted to a paid plan only with your authorization, unless clearly disclosed otherwise

Unless prohibited by law, free plans and trials are provided without warranties and may be suspended or terminated at any time.

Unused trial time has no cash value.

7. Paid Plans

Certain features require a paid subscription.

Plan descriptions, limits, billing periods, prices, and included features will be disclosed at the time of purchase or in an applicable order form.

Unless otherwise stated:

• Subscription fees are charged in advance.

• Subscriptions automatically renew.

• Renewal occurs for the same billing period as the previous subscription.

• Renewal is charged using the payment method on file.

• Taxes are charged in addition to listed prices where applicable.

• Plan limits reset according to the applicable billing period.

• Unused features, credits, storage, or capacity do not roll over.

We may offer monthly, annual, enterprise, agency, usage-based, or customized plans.

8. Automatic Renewal

Your paid subscription will automatically renew unless you cancel it before the renewal date.

By purchasing a subscription, you authorize Skale and its payment processors to charge the applicable recurring fees, taxes, and authorized usage charges to your payment method.

You may cancel automatic renewal through your account settings or by contacting customer support.

Cancellation prevents future renewals but does not ordinarily result in a refund for the current billing period.

You will continue to have access to paid features until the end of the period for which you have paid, unless your account is terminated for violating the Agreement.

9. Fees and Price Changes

You agree to pay all fees associated with your account.

We may change subscription prices or introduce new charges.

Price changes will generally take effect at the beginning of your next renewal period after notice is provided. Continuing to use the Services after the price change takes effect constitutes acceptance of the new price.

Enterprise or custom pricing may be governed by a separate order form.

You are responsible for reviewing your billing information and invoices.

10. Payment Processing

Payments may be processed by third-party payment processors.

You authorize us and our payment processors to store and use your payment information as necessary to process authorized transactions.

You represent and warrant that:

• You are authorized to use the payment method provided.

• Payment information is accurate and current.

• Charges incurred through your account will be paid.

• You will promptly update expired or invalid payment information.

We do not control and are not responsible for the independent practices of payment processors.

11. Failed Payments

If payment cannot be completed, we may:

• Retry the payment method

• Request an updated payment method

• Restrict paid features

• Downgrade your account

• Suspend your account

• Terminate the subscription

• Refer unpaid amounts for collection

You remain responsible for unpaid charges and applicable collection costs to the extent permitted by law.

12. Taxes

Fees do not include sales, use, value-added, withholding, or similar taxes unless expressly stated.

You are responsible for all applicable taxes, excluding taxes based on Skale’s net income.

If applicable law requires you to withhold taxes, you must provide documentation showing the amount withheld and, unless prohibited by law, pay any additional amount necessary for Skale to receive the full amount invoiced.

13. Refunds

Except where required by law or expressly stated in an applicable order form, all payments are nonrefundable.

We do not ordinarily provide refunds or credits for:

• Partial subscription periods

• Unused accounts

• Unused features

• Unused posting capacity

• Connected accounts that become unavailable

• Third-Party Platform outages

• Customer cancellation after renewal

• Account suspension resulting from a violation

• Failure to cancel before a renewal date

• Changes in Third-Party Platform APIs or policies

Skale may issue a refund or credit at its sole discretion. A discretionary refund does not create an obligation to provide similar refunds in the future.

Purchases made through Apple, Google, or another application store may be subject to that store’s billing and refund policies.

14. Upgrades and Downgrades

You may be permitted to upgrade or downgrade your plan.

For upgrades, we may charge a prorated amount or immediately begin a new billing period.

For downgrades:

• The downgrade may take effect at the next renewal date.

• Fees already paid will not ordinarily be refunded.

• Features, history, storage, connected accounts, and Authorized Users exceeding the new limits may be removed or restricted.

• You are responsible for exporting information before the downgrade takes effect.

15. Connected Social Media Accounts

The Services may allow you to connect accounts from Third-Party Platforms, including social networks and advertising platforms.

By connecting an account, you represent and warrant that:

1. You own or are authorized to manage the connected account.

2. You have authority to provide Skale with the requested access.

3. Your use complies with the Third-Party Platform’s terms and policies.

4. You have obtained all necessary permissions from clients, account owners, and data subjects.

5. The connection and processing of information do not violate any law or third-party right.

You authorize Skale to access, store, retrieve, display, analyze, transmit, modify, schedule, and publish information through connected accounts as necessary to provide the Services.

16. Third-Party Platform Dependencies

Skale depends on Third-Party Platforms and their APIs.

Third-Party Platforms may, without notice:

• Change their APIs

• Change their technical requirements

• Restrict permissions

• Change publishing limits

• Remove features

• Suspend integrations

• Reject content

• Delay publication

• Revoke access tokens

• Change their terms

• Block or suspend connected accounts

Skale does not control these actions and is not responsible for them.

We do not guarantee that any particular Third-Party Platform, integration, feature, format, metric, or type of content will remain available.

A change, interruption, suspension, or termination involving a Third-Party Platform does not automatically entitle you to a refund.

17. Publishing and Scheduling

The Services may allow you to schedule and publish Customer Content.

You are solely responsible for:

• Reviewing Customer Content before publication

• Selecting the correct account

• Selecting the correct date and time

• Verifying links, tags, mentions, media, captions, and disclosures

• Ensuring compliance with platform-specific format requirements

• Confirming successful publication

• Correcting or removing published content

• Maintaining backup copies

• Monitoring platform notifications and account status

Scheduled content may fail, be delayed, be duplicated, be reformatted, or be rejected due to technical issues, expired permissions, platform restrictions, internet failures, account restrictions, file limitations, or other events.

Skale does not guarantee that Customer Content will be published at an exact time or successfully published.

You should not use Skale as the sole system for emergency, legally required, time-sensitive, financial, safety-related, or crisis communications.

18. Analytics and Reporting

Analytics, reports, recommendations, estimates, and measurements provided through Skale may rely on Third-Party Platform data.

Such information may be:

• Delayed

• Incomplete

• Estimated

• Sampled

• Reformatted

• Incorrect

• Changed retroactively

• Calculated differently from information shown by the underlying platform

Analytics are provided for informational purposes only.

Skale does not guarantee the accuracy, completeness, availability, or commercial results of analytics or reports.

You should not rely solely on Skale analytics for financial reporting, securities decisions, legal compliance, tax reporting, or other high-stakes decisions.

19. Advertising Features

Skale may offer tools that help Customers create, manage, monitor, or optimize advertising campaigns.

You are solely responsible for:

• Advertising content

• Campaign settings

• Targeting decisions

• Budgets and spending limits

• Bids

• Billing arrangements

• Audience selection

• Disclosures

• Legal compliance

• Compliance with advertising platform policies

• Claims made in advertisements

• Products and services promoted

Skale does not guarantee advertisement approval, delivery, impressions, clicks, conversions, sales, audience size, cost, return on investment, or campaign performance.

Advertising charges owed to a Third-Party Platform may be separate from fees owed to Skale.

20. Artificial Intelligence Features

Skale may provide artificial intelligence, machine learning, generative content, recommendation, automation, or predictive features.

AI features may assist with:

• Captions

• Headlines

• Hashtags

• Images

• Content ideas

• Scheduling recommendations

• Analytics summaries

• Responses

• Translations

• Campaign recommendations

• Workflow automation

AI-generated output may be inaccurate, incomplete, misleading, biased, offensive, outdated, or similar to output generated for other users.

You are solely responsible for reviewing AI-generated output before using or publishing it.

You must not rely on AI-generated output as professional legal, financial, medical, tax, employment, or regulatory advice.

You represent and warrant that you have the right to submit any prompt, content, information, image, audio, video, personal information, or other material used with an AI feature.

You must not intentionally submit highly sensitive personal information, confidential information, trade secrets, payment card data, authentication credentials, medical information, or government identification numbers unless Skale expressly authorizes that use.

Your use of AI features may also be governed by the terms of third-party AI providers.

Skale does not guarantee that AI output will be unique or eligible for intellectual property protection.

21. Automation Features

Skale may allow you to configure automatic publishing, recommendations, responses, campaign actions, recurring schedules, or other automated workflows.

You remain responsible for all automated activity configured through your account.

You must regularly monitor automated workflows and promptly disable any automation that produces incorrect, unauthorized, harmful, or unlawful results.

Skale is not responsible for consequences caused by:

• Incorrect automation settings

• Customer instructions

• Outdated permissions

• Platform changes

• Unexpected AI output

• Account compromises

• Failure to monitor automated activity

22. Fair Use

The Services are subject to reasonable and fair usage.

You may not use the Services in a manner that:

• Places excessive demand on Skale’s systems

• Materially interferes with other customers

• Circumvents technical limits

• Uses automated methods beyond those Skale authorizes

• Creates an unreasonable volume of requests, posts, reports, exports, messages, or API calls

• Uses multiple accounts to evade limits

• Resells capacity without authorization

• Engages in mass spam or abusive automation

Skale may establish, modify, and enforce reasonable limits involving:

• Scheduled posts

• Published posts

• Connected accounts

• Brands or workspaces

• Authorized Users

• Storage

• Media uploads

• Analytics history

• Reports

• Exports

• API calls

• Artificial intelligence credits

• Automated actions

• Messages and comments

• Advertising accounts

We may contact you if your usage appears unusually high or inconsistent with normal use.

We may require you to reduce usage, upgrade your plan, purchase additional capacity, or enter into an enterprise agreement.

We may throttle, limit, suspend, or terminate excessive or abusive use.

23. Customer Content

As between you and Skale, you retain ownership of Customer Content.

You grant Skale and its service providers a worldwide, nonexclusive, royalty-free, sublicensable license to host, copy, store, cache, process, reproduce, modify, format, transmit, display, analyze, publish, and distribute Customer Content solely as necessary to:

• Provide the Services

• Fulfill your instructions

• Maintain and secure the Services

• Prevent abuse

• Provide technical support

• Comply with law

• Improve the Services using aggregated or deidentified information

• Enforce the Agreement

This license continues for as long as Customer Content remains stored or processed through the Services.

24. Responsibility for Customer Content

You are solely responsible for Customer Content and its consequences.

You represent and warrant that:

• You own Customer Content or have all necessary rights.

• Customer Content does not infringe intellectual property, privacy, publicity, confidentiality, contractual, or other rights.

• You have obtained all required consents and permissions.

• Customer Content complies with all laws and Third-Party Platform policies.

• Customer Content is accurate where accuracy is legally required.

• Your instructions to Skale are lawful.

Skale is not required to review Customer Content before it is published.

25. Prohibited Content and Conduct

You may not use the Services to create, upload, schedule, publish, distribute, promote, transmit, or facilitate content or conduct that:

• Is illegal, fraudulent, deceptive, or misleading

• Infringes intellectual property or proprietary rights

• Violates privacy, publicity, confidentiality, or data-protection rights

• Contains malware, ransomware, spyware, viruses, or harmful code

• Facilitates phishing, credential theft, hacking, or unauthorized access

• Promotes terrorism or violent extremist organizations

• Exploits or endangers children

• Contains child sexual abuse material

• Promotes unlawful discrimination or targeted harassment

• Makes credible threats of violence

• Encourages suicide or self-harm

• Is defamatory or unlawfully obscene

• Impersonates another person or organization

• Manipulates engagement through unlawful or deceptive means

• Conducts unauthorized scraping or data harvesting

• Sends spam or unsolicited bulk communications

• Violates sanctions, export controls, or trade restrictions

• Promotes illegal goods or services

• Interferes with elections or civic processes unlawfully

• Violates a Third-Party Platform’s rules

• Attempts to avoid enforcement or account restrictions

• Misuses another person’s personal information

• Uses the Services to develop or train a competing product without permission

We may remove content, restrict activity, or suspend accounts when we reasonably believe these restrictions have been violated.

26. Compliance With Laws

You are responsible for complying with all laws applicable to your use of the Services, including laws concerning:

• Advertising

• Marketing

• Email and text messaging

• Privacy

• Data protection

• Cookies

• Intellectual property

• Consumer protection

• Promotions

• Sweepstakes and contests

• Endorsements and influencer disclosures

• Employment

• Children

• Financial services

• Healthcare

• Political advertising

• Export controls

• Sanctions

Skale does not provide legal advice and does not guarantee that your use of the Services complies with laws applicable to you.

27. Privacy and Data Protection

Our collection and use of personal information are described in the Skale.social Privacy Policy.

Where Skale processes personal information on behalf of a Customer, the parties may enter into a Data Processing Agreement.

The Customer is responsible for:

• Determining the lawful basis for processing

• Providing legally required notices

• Obtaining legally required consents

• Responding to data-subject requests

• Configuring access permissions

• Ensuring Customer instructions are lawful

• Determining whether a Data Processing Agreement is required

You must not use the Services to unlawfully collect, process, monitor, profile, or disclose personal information.

28. Security

Skale uses commercially reasonable administrative, technical, and organizational safeguards.

However, no system is completely secure.

You are responsible for:

• Securing your devices

• Securing login credentials

• Enabling available authentication features

• Controlling Authorized User access

• Reviewing integrations

• Removing former employees and contractors

• Maintaining backup copies

• Promptly reporting suspected security incidents

You must notify us immediately at security@skale.social if you believe your account or data has been compromised.

29. Feedback

You may voluntarily provide suggestions, recommendations, ideas, or feedback.

You grant Skale a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right to use, modify, commercialize, and incorporate feedback without restriction or compensation.

You should not submit feedback that you consider confidential.

30. Skale Intellectual Property

Skale and its licensors own all rights, title, and interest in the Services, including:

• Software

• Source code

• Object code

• Interfaces

• Designs

• Workflows

• Databases

• Documentation

• Reports

• Templates

• Logos

• Trademarks

• Service marks

• Trade names

• Graphics

• Technology

• Artificial intelligence systems

• Aggregated and deidentified analytics

Except for the limited right to use the Services under the Agreement, no rights are granted to you.

31. Restrictions on Use

You may not:

• Copy, modify, or create derivative works of the Services

• Reverse engineer, decompile, or disassemble the Services

• Attempt to discover source code, algorithms, or models

• Bypass access controls or security measures

• Remove proprietary notices

• Resell, sublicense, rent, lease, or distribute the Services without permission

• Benchmark the Services for publication without permission

• Use the Services to build a competing product

• Access the Services through unauthorized automated means

• Probe or test vulnerabilities without authorization

• Interfere with the integrity or performance of the Services

• Use another person’s account without permission

• Misrepresent your relationship with Skale

• Use Skale trademarks without written permission

Restrictions apply only to the extent permitted by applicable law.

32. Confidentiality

Each party may receive nonpublic information from the other party.

The receiving party agrees to:

• Protect confidential information using reasonable care

• Use it only to perform under the Agreement

• Disclose it only to persons who need access and are bound by confidentiality obligations

• Not disclose it to unauthorized third parties

Confidential information does not include information that:

• Becomes public without breach

• Was lawfully known without restriction

• Is received lawfully from another source

• Is independently developed without using confidential information

A party may disclose confidential information when legally required, provided it gives advance notice where legally permitted.

33. Beta and Experimental Features

Skale may provide alpha, beta, preview, early-access, or experimental features.

Such features:

• May be incomplete

• May contain errors

• May change without notice

• May be discontinued

• May have additional terms

• May not be suitable for production use

• May result in data loss

Beta features are provided “as is” and without warranties.

34. Support

Support availability, response times, communication methods, and service levels may vary by plan.

Unless stated in a signed Service Level Agreement, support response times are estimates and are not guaranteed.

Support does not include legal, marketing, advertising, cybersecurity, or professional consulting advice unless expressly purchased.

35. Maintenance and Availability

We may perform scheduled or emergency maintenance.

The Services may be unavailable due to:

• Maintenance

• Software defects

• Network failures

• Cyberattacks

• Hosting disruptions

• Third-Party Platform outages

• API changes

• Force majeure events

• Government actions

• Events beyond our reasonable control

Unless a signed Service Level Agreement states otherwise, we do not guarantee uninterrupted or error-free availability.

36. Suspension

We may suspend or restrict access to some or all of the Services if:

• You violate the Agreement.

• Payment is overdue.

• Your use creates a security risk.

• Your use may harm Skale, another user, or a third party.

• Your account is suspected of fraud.

• Suspension is necessary to comply with law.

• A Third-Party Platform requires action.

• Your usage materially exceeds plan limits.

• Your account is inactive for an extended period.

• Your use may expose Skale to liability.

Where reasonably practical, we may provide notice and an opportunity to remedy the issue.

We may act immediately when necessary to prevent harm or comply with law.

37. Termination by You

You may stop using the Services at any time.

You may cancel a subscription through your account settings or by contacting support.

Cancellation does not relieve you of obligations incurred before the cancellation date.

Deleting an application, disconnecting a social account, or ceasing use does not necessarily cancel a paid subscription.

You must follow the designated cancellation process.

38. Termination by Skale

We may terminate the Agreement or your account:

• For a material violation

• For nonpayment

• For unlawful or abusive activity

• For repeated violations of Third-Party Platform rules

• To comply with legal requirements

• If continuing to provide the Services creates material risk

• If we discontinue the Services

• For prolonged inactivity on a free account

• As otherwise permitted by an applicable order form

When reasonably appropriate, we may provide advance notice.

39. Effect of Termination

Upon termination:

• Your right to use the Services ends.

• Scheduled content may no longer be published.

• Connected account access may be revoked.

• Authorized Users may lose access.

• Outstanding fees become immediately due.

• Customer Content may be deleted.

• Provisions intended to survive will remain effective.

You are responsible for exporting Customer Content before termination.

We may retain information as required by law, for legitimate business purposes, to resolve disputes, prevent fraud, enforce agreements, or maintain backup systems.

40. Data Export and Deletion

Export functionality may depend on your plan and the type of data.

You should regularly maintain independent copies of important information.

Following account termination, we may delete or anonymize Customer Content after a commercially reasonable retention period, subject to legal obligations and backup cycles.

We are not responsible for Customer Content that you fail to export before deletion.

41. Third-Party Services and Links

The Services may include links to or integrations with third-party websites, products, content, software, or services.

Skale does not control and is not responsible for:

• Third-party content

• Third-party availability

• Third-party security

• Third-party privacy practices

• Third-party fees

• Third-party terms

• Transactions with third parties

• Changes made by third parties

Your use of third-party services is governed by the applicable third party’s terms.

42. Mobile Applications

If you download a Skale application through an application store, you acknowledge that:

• The Agreement is between you and PARGO Digital Inc., not the application store.

• The application store is not responsible for the application or its support.

• Your use must comply with the store’s rules.

• The store may be a third-party beneficiary of applicable mobile terms.

• Purchases and refunds may be governed by the store’s billing policies.

Additional application-store terms may apply.

43. No Professional Advice

The Services, including analytics, recommendations, AI output, templates, and reports, do not constitute legal, accounting, tax, investment, medical, employment, cybersecurity, or other professional advice.

You are responsible for obtaining qualified professional advice when necessary.

44. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

PARGO DIGITAL INC. DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF:

• MERCHANTABILITY

• FITNESS FOR A PARTICULAR PURPOSE

• TITLE

• NON-INFRINGEMENT

• ACCURACY

• AVAILABILITY

• SECURITY

• RELIABILITY

• QUIET ENJOYMENT

• RESULTS

WE DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE

• CONTENT WILL BE PUBLISHED SUCCESSFULLY OR ON TIME

• ANALYTICS WILL BE ACCURATE

• DEFECTS WILL BE CORRECTED

• THE SERVICES WILL MEET YOUR REQUIREMENTS

• THIRD-PARTY INTEGRATIONS WILL REMAIN AVAILABLE

• CUSTOMER CONTENT WILL NOT BE LOST

• AI OUTPUT WILL BE ACCURATE OR UNIQUE

• USE OF THE SERVICES WILL PRODUCE REVENUE, ENGAGEMENT, FOLLOWERS, SALES, OR OTHER RESULTS

YOU USE THE SERVICES AT YOUR OWN RISK.

45. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARGO DIGITAL INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY:

• INDIRECT DAMAGES

• INCIDENTAL DAMAGES

• SPECIAL DAMAGES

• CONSEQUENTIAL DAMAGES

• EXEMPLARY DAMAGES

• PUNITIVE DAMAGES

• LOST PROFITS

• LOST REVENUE

• LOST BUSINESS

• LOST SAVINGS

• LOSS OF GOODWILL

• LOSS OF DATA

• BUSINESS INTERRUPTION

• COST OF SUBSTITUTE SERVICES

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARGO DIGITAL INC.’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT OR SERVICES WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID TO SKALE FOR THE SERVICES DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

2. ONE HUNDRED U.S. DOLLARS.

THE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

46. Essential Purpose

The limitations and exclusions in the Agreement are fundamental elements of the parties’ agreement and apply even if a limited remedy fails of its essential purpose.

47. Indemnification

You agree to defend, indemnify, and hold harmless PARGO Digital Inc., its affiliates, officers, directors, employees, contractors, licensors, and service providers from claims, liabilities, damages, judgments, losses, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Your use of the Services

• Customer Content

• Your connected accounts

• Your advertisements

• Your products or services

• Your violation of the Agreement

• Your violation of law

• Your violation of Third-Party Platform rules

• Your infringement of intellectual property or privacy rights

• Acts or omissions of Authorized Users

• Disputes between you and your clients

• Your collection or processing of personal information

• Your automation settings or instructions

Skale may control the defense of a claim subject to indemnification. You may not settle a claim in a manner that admits fault by or imposes obligations on Skale without our written consent.

48. Dispute Resolution

Please read this section carefully. It affects your legal rights.

Before filing a formal claim, you and Skale agree to attempt to resolve the dispute informally.

The party raising the dispute must send a written notice describing:

• The party’s name and contact information

• The relevant account

• The facts supporting the dispute

• The requested resolution

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of notice.

Notices to Skale must be sent to:

legal@skale.social

49. Binding Arbitration

Except for claims eligible for small claims court or requests for injunctive relief concerning intellectual property, security, or unauthorized system access, disputes arising out of or relating to the Agreement or Services will be resolved by binding individual arbitration.

The arbitration will be administered by the American Arbitration Association under its applicable Commercial Arbitration Rules.

The arbitration will:

• Be conducted in English

• Be handled by one arbitrator

• Take place in Delaware unless the parties agree otherwise

• Permit remote participation where appropriate

• Be conducted on an individual basis

The arbitrator may award the same individual remedies available in court, subject to the Agreement.

Judgment on the award may be entered in any court with jurisdiction.

50. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PARGO DIGITAL INC. AGREE THAT EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY.

NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE PERSONS WITHOUT THE WRITTEN CONSENT OF ALL PARTIES.

51. Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PARGO DIGITAL INC. WAIVE THE RIGHT TO A TRIAL BY JURY.

52. Arbitration Opt-Out

You may opt out of the arbitration agreement by sending written notice to legal@skale.social within 30 days after first accepting these Terms.

Your notice must include:

• Your full legal name

• Your account email

• Your company name, if applicable

• A clear statement that you are opting out of arbitration

Opting out of arbitration does not opt you out of any other provision of the Agreement.

53. Governing Law

The Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

54. Court Venue

For disputes not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.

Each party waives objections based on personal jurisdiction, venue, or inconvenient forum.

55. Time Limit for Claims

To the maximum extent permitted by law, any claim arising out of or relating to the Services or Agreement must be filed within one year after the claim arose.

Otherwise, the claim is permanently barred.

56. Export Controls and Sanctions

You may not use, export, re-export, transfer, or provide access to the Services in violation of United States export-control or sanctions laws.

You represent and warrant that you are not:

• Located in a prohibited jurisdiction

• Subject to applicable sanctions

• Listed on a prohibited-party list

• Using the Services for prohibited end uses

We may restrict access where required for compliance.

57. Government Use

The Services are commercial computer software and commercial computer software documentation.

Government users receive only the rights granted to other users under the Agreement, unless otherwise required by law or agreed in writing.

58. Force Majeure

Skale is not responsible for delays or failures caused by events beyond its reasonable control, including:

• Natural disasters

• Fires

• Floods

• Severe weather

• War

• Terrorism

• Civil unrest

• Epidemics

• Pandemics

• Labor disputes

• Government actions

• Internet failures

• Hosting outages

• Utility failures

• Cyberattacks

• Third-Party Platform changes

• API failures

• Supply shortages

59. Notices

Skale may provide notices through:

• Email

• Account notifications

• Website postings

• In-product messages

• Billing communications

Notices are effective when sent or posted.

You are responsible for maintaining a valid email address and reviewing account notices.

Legal notices to Skale must be sent to:

PARGO Digital Inc.
Attn: Legal Department
Delaware, United States
Email: legal@skale.social

A complete mailing address should be added before these Terms are published.

60. Changes to the Services

We may change, update, restrict, replace, or discontinue any part of the Services.

Where commercially reasonable, we may provide advance notice of material changes that significantly reduce core paid functionality.

We are not responsible for changes required by law, security concerns, or Third-Party Platforms.

61. Changes to These Terms

We may update these Terms from time to time.

When changes are made, we may:

• Update the Effective Date

• Post the revised Terms

• Notify you by email

• Provide an in-product notice

• Request renewed acceptance

Material changes will apply prospectively unless a different application is required by law.

Your continued use of the Services after revised Terms become effective constitutes acceptance of those Terms.

If you do not agree to the revised Terms, you must stop using the Services and cancel your subscription.

62. Assignment

You may not assign or transfer the Agreement without Skale’s prior written consent.

Skale may assign the Agreement to:

• An affiliate

• A successor

• A purchaser of assets

• An acquiring entity

• An entity involved in a merger, restructuring, or change of control

Any prohibited assignment is void.

63. Relationship of the Parties

The parties are independent contractors.

The Agreement does not create a:

• Partnership

• Joint venture

• Employment relationship

• Franchise

• Fiduciary relationship

• Agency relationship

Neither party may bind the other without written authorization.

64. Third-Party Beneficiaries

Except as expressly stated in the mobile-application provisions or an applicable order form, the Agreement does not create rights for third-party beneficiaries.

65. No Waiver

Failure to enforce a provision does not waive the right to enforce it later.

A waiver must be in writing and signed by an authorized representative.

66. Severability

If any provision is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

67. Interpretation

Headings are for convenience only.

The words “including” and “includes” mean “including without limitation.”

The Agreement will not be interpreted against either party solely because that party drafted it.

Electronic acceptance has the same effect as a handwritten signature.

68. Order of Precedence

If there is a conflict among applicable documents, the following order will ordinarily control:

1. A signed enterprise agreement

2. An applicable order form

3. A Data Processing Agreement, solely for data-processing matters

4. These Terms of Service

5. Incorporated policies

6. Website descriptions and marketing materials

An order form overrides these Terms only where it expressly identifies the provision being modified.

69. Entire Agreement

The Agreement constitutes the entire agreement between you and PARGO Digital Inc. concerning the Services.

It supersedes all prior or contemporaneous discussions, proposals, statements, representations, and agreements concerning the Services.

You acknowledge that you have not relied on any statement not expressly included in the Agreement.

70. Contact Information

Questions about these Terms may be directed to:

PARGO Digital Inc.
Operator of Skale.social
Delaware, United States

Website: https://skale.social
Legal: legal@skale.social
Support: support@skale.social
Privacy: privacy@skale.social
Security: security@skale.social