Last updated: 22 July 2026
In short: Scalus is a month to month service. We give you the very best website and marketing we possibly can, and if you are ever not happy you can cancel any time. When you cancel, we stop every subscription within 72 hours and you will not be billed for another cycle. If a payment ever goes through by mistake because a subscription was not cancelled, we refund it straight away. These terms are here to protect you in exactly those cases. Our goal is to partner with you for the long term, and that is why we keep our prices and plans so affordable. Please take your time to read this in full, or read through it with someone you trust, before you decide. We want you to feel completely clear on everything.
We love what we build. Your website and marketing systems are made to be fast, modern and reliable, hosted on trusted infrastructure and looked after by us day to day. These terms are written to be clear and fair, so you always know where you stand and what you can count on from us. Here is how we work together.
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.
(a) Scalus provides website hosting, marketing automation, lead management and related services as outlined in your package agreement.
(b) Our website hosting runs on established cloud infrastructure, including Amazon Web Services (AWS), which is built for high availability with typical uptime around 99.9%. The 99.9% figure describes the typical performance of the underlying infrastructure, not a promise or warranty by Scalus.
(c) 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 ourselves.
(a) 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.
(b) Price lock. While you remain a continuous client on your current plan, the recurring monthly fee for that plan will not increase. If you change plans, add optional services, or your services otherwise change, pricing for the new arrangement applies from that point. This price lock does not apply to third party charges we pass through at cost, or to taxes and government charges, which may change.
(a) 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.
(b) 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.
(c) 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 site content and your data within 30 days of the agreement ending.
(d) Continuity commitment (at least 24 months). We plan ahead so that your business is never left stranded. We are committed to funding and holding your website hosting well ahead of time, arranged to sit apart from the day to day running of Scalus and intended to outlast Scalus itself, so that even in the unlikely event that something unforeseen prevents Scalus from continuing to operate, your website is set up to stay online for at least 24 months from that point for clients who were active and paid up at the time that event occurred. Because that hosting is paid ahead, this window keeps protecting you even if payment to Scalus can no longer be taken once we have ceased operating, so it never depends on you continuing to pay a business that is no longer running. We give this as a genuine continuity commitment on a best efforts basis. It is our firm plan and intention, not an absolute promise of a result we could not control if a hosting provider, a domain registrar or an event beyond our reasonable control acts against it. After that continuity window, ongoing hosting and services would need to be arranged with a new provider.
(e) Curated handover failsafe. Alongside this, we keep a standing commitment to hand your work back to you if it is ever needed. We are still building parts of this into an automatic process, and until that is complete we will prepare and send the pack by hand, so you receive the same handover either way. If it is ever needed, we will email you an organised handover pack and also make it available to download, and we will keep that download available for at least 24 months. Because we email the pack to you, you can save your own copy straight away, so you are never dependent on the download link staying live. The pack includes a clean, organised export of all of your contacts and enquiries; a copy of your website design and front end page code so you can recreate your site with another provider; the core business content and assets supplied by you or produced for your site; and simple notes to help you or a new provider pick things up. This is a standing safeguard, so that whatever happens you always keep your work, your contacts and your site.
(f) Non payment, the 60 day grace period, and reactivation. If your monthly payment stops or fails and is not brought up to date, your website and the connected Platform features stay live for a grace period of 60 days from the date of the missed or stopped payment. If your account is not brought back into good standing within that 60 day period, your live site and Platform features are deactivated and taken offline. There is no reduced or standby plan to keep a site online for less; a site is either on an active paid plan or it is deactivated. If you have cancelled or lapsed and later wish to re engage, you can reactivate by paying a reactivation fee of $225 (equal to one month) and restarting your monthly subscription. The reactivation fee covers bringing your site and systems back online and is in addition to your ongoing monthly fee.
(a) Everything below is month to month with no lock in, billed monthly in advance (see clause 3). You can move up or down a plan at any time, and this agreement applies to whichever plan and services you are on.
(b) Website plans.
(i) Standard Website, $225 per month. A modern, responsive website, hosted and kept live for you, with your enquiry and contact forms, live chat on your site, a Google review system that invites your customers to review you, automatic SMS follow up on new enquiries, a live dashboard and lead notifications. This is our core plan and includes ongoing hosting and support.
(ii) Website plus Advanced Automations, $425 per month. Everything in the Standard Website, plus a voicemail receptionist that answers the calls you miss and passes the details through to you, after hours and emergency call routing, appointment calendars, lead pipeline management, and unlimited advanced automations that tie your website, your CRM and your follow up together, so enquiries are captured, routed and followed up for you. Call and message handling relies on third party telephony and messaging providers, and usage above fair and ordinary business volumes may be discussed with you before it continues.
(iii) E commerce plus Advanced Automations, $625 per month. Everything in the Advanced Automations plan, built for selling online, with your online store, checkout and product pages wired into the same advanced automations and follow up.
(c) Marketing and content services.
(i) Scalus Content, $1,250 per month. We plan, produce and schedule your social content across your channels on an ongoing basis, including review posts, video posts from your own footage, basic video editing, photography and graphic design.
(ii) Meta Ad Management, $850 per month. We build, run and manage your advertising across Facebook and Instagram, including creative, setup, monitoring and ongoing optimisation. This does not include your advertising spend, which you pay to Meta directly (see clause 15).
(iii) Local Content Shoots, $325 per session. A callout fee for an on location filming and photography session for your business, charged per session and separate from your monthly subscription, so you can book as many or as few sessions as you like. You can choose a time and pay for your session on our booking page. Available to Meta Ad Management and Scalus Content clients.
(d) All prices are in Australian dollars and include GST. Plan fees are per month unless stated otherwise, and Local Content Shoots are charged per session. Advertising spend and any third party costs are separate and are covered by clause 15.
(a) Your content. Anything you supply or film yourself, and anything you or other people add to your site (your text, logos, images, and any video or photos you or your team shoot or source), is and remains yours. Scalus claims no ownership of it at any time. You grant Scalus a licence to use and edit that content only as needed to build and run your site and campaigns.
(b) Scalus Studio content. Separately, Scalus may film or produce original content for you through Scalus Studio (photography, video, audio, graphics or copy that Scalus itself creates). Finished, delivered Scalus Studio content is co owned by you and Scalus. This means both of us own it together and either of us may use it freely, including after you leave. You are free to use it to market your own business, on your own website, social channels and anywhere else you wish. Scalus is equally free to use it for promotional purposes, including Meta ads, showcasing work on the Scalus website and other marketing. Neither of us needs the other's permission to use this content for these purposes. Scalus retains the raw footage and project files.
(c) Scope. Only content that Scalus itself produces is covered by this clause. It does not apply to anything you supply or shoot, or that anyone other than Scalus adds to your site.
(d) Moral rights. Moral rights belong personally to the individual people who create content and cannot be owned or transferred to a company. For Scalus Studio content, Scalus will obtain the necessary written moral rights consents from its own staff and contractors who create that content, so that the content may be 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. For any content that you or your own people create, you give the same consent, and you confirm you have obtained the equivalent written consent from any other individual you bring who is a creator of that content.
(e) Our portfolio. Scalus's right to use the co owned Scalus Studio content for its own promotion comes from the Scalus Studio content described above and does not depend on any further licence or consent from you. Separately, because your business name, logo and branding remain yours, you grant Scalus a licence to feature them, together with the results achieved, as advertising, marketing, promotional, portfolio and case study material for Scalus across any media. If you would prefer your business name, logo or branding not be used this way, tell us in writing and we will honour that going forward. This preference does not extend to the co owned Scalus Studio content itself, which Scalus may continue to use as a co owner as set out above.
(a) Your website. The design of your website is yours to keep and use anywhere you like. If you ever want to move away from Scalus, just ask and we can provide you with a copy of your website front end code so you can try to recreate the site somewhere else. That copy is the page and design code only. It does not include our underlying systems, back end wiring, integrations, accounts, or any of the private keys and credentials that connect your site to other services, all of which remain part of the Scalus Platform described below. We will also give you an export of your site content and your data within 30 days of leaving.
(b) The Scalus platform. What stays with Scalus is the wider platform: the reusable systems, dashboards, automations, automation configurations, workflows, integrations, chat and review tools, CRM configuration and the underlying templates and technology that Scalus uses to run your site and marketing (the "Platform"). The Platform is proprietary to Scalus and is provided to you on a non exclusive, non transferable, revocable licensed basis for as long as you are an active, paid up client. It is not sold to you and you do not acquire ownership of it. Your licence to the Platform ends if this agreement ends or your account is cancelled or suspended, and you have no right to retain, copy, reproduce or host the Platform elsewhere.
(c) Month to month, and what happens if payment stops. Your monthly fee keeps your website live and hosted and keeps the connected Platform features running. If your account is cancelled, or your fees remain unpaid, the hosting and the connected Platform features stop and your live site is deactivated, subject to the 60 day grace period and reactivation terms in clause 4(f). We may also suspend or deactivate your site or Platform features for a serious breach of clause 8 that you do not fix within a reasonable time after we tell you, or where required by law or to protect the security of the systems. This is simply the service ending, not a claim over your work: you keep your own content and you keep the design of your site to use elsewhere, and you may ask us for a copy of your front end code as described above.
(d) Your content and data. 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.
(a) You agree to:
(i) Provide accurate information and keep it updated.
(ii) Not use Scalus for illegal, fraudulent or harmful purposes.
(iii) Not attempt to gain unauthorised access to systems.
(iv) Comply with applicable laws and regulations.
(a) 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.
(b) 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. These limits describe what Scalus is not financially liable to pay if something goes wrong despite reasonable care. They do not withdraw or reduce the continuity commitment or the curated handover failsafe set out in clause 4, which remain in force and are how we make sure you keep your work, your contacts and your site.
(c) 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).
(d) 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.
(a) 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:
(i) You must not rely on Scalus as your only, primary or secondary means of data storage or backup.
(ii) You must maintain backups offline and geographically separate from Scalus's servers.
(iii) You assume all risk of data loss arising from your failure to maintain backups.
(iv) You should test your backups regularly to ensure they are current and restorable.
(v) Scalus backups (if any) are for our own operational continuity only and are not a backup service for you.
(b) 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. Nothing in this clause limits or excludes the continuity commitment or the curated handover failsafe set out in clause 4. Those are standing commitments to keep your website online and to make a prepared handover pack available to you for at least 24 months, and you may rely on them.
(c) To the maximum extent permitted by law, and subject to clause 9, your non excludable rights, and the continuity commitment and curated handover failsafe in clause 4, 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.
(d) On termination or cancellation of this agreement, Scalus will provide the data export and, where it applies, the curated handover pack described in clause 4, including the handover download that stays available for at least 24 months. After the 30 day export period, Scalus may permanently delete its own live operational copies of your data, logs and files without further notice, and you agree not to rely on those live copies as your means of recovery. Deleting our live operational copies does not reduce or override the continuity commitment or the curated handover failsafe set out in clause 4, which continue in full, so you always keep the route to recover your work, your contacts and your site.
(a) Keeping your information safe genuinely matters to us. 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.
(b) 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.
(c) 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).
(a) 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.
(b) 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. This is subject to clause 9 and does not exclude any consumer guarantee under the Australian Consumer Law, including the guarantee that our services are supplied with due care and skill.
(a) We are here to help and want using Scalus to feel easy. Support is provided during business hours (9am to 5pm AEST, Monday to Friday).
(b) 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.