Terms of Service

Last updated: June 2026

1. Agreement to Terms

By accessing or using Escalium ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Service.

2. Description of Service

Escalium is a software platform that allows users to create, manage, and distribute marketing content, including multimedia content such as links, images, videos, and related promotional materials. We may modify, update, or discontinue parts of the Service at any time.

3. Eligibility

You may use the Service if:

You are at least 16 years old (or the minimum legal age in your country)
You have the legal capacity to enter into a binding agreement
You comply with these Terms and applicable laws

We do not knowingly allow use by children under this age.

4. Account Registration

To use certain features, you must create an account. You agree to:

Provide accurate and complete information
Keep your login credentials secure
Be responsible for all activity under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

5. User Content

Users may upload content including but not limited to text, images, videos, links, and other media ("User Content"). You retain full ownership of your User Content.

By uploading content to Escalium, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for technical purposes), display, process, and distribute your content solely for the purpose of operating, maintaining, and improving the Service.

We may also retain copies of User Content where reasonably necessary for backup, legal compliance, security, or system integrity purposes.

We may use anonymized or aggregated data derived from User Content for analytics and performance optimization, provided that such data does not identify you personally.

You are solely responsible for your User Content and confirm you have all necessary rights to upload and use it within the Service. We do not claim ownership over your User Content.

6. Prohibited Uses

You agree not to use the Service to:

Violate any applicable law or regulation
Upload illegal, harmful, or infringing content
Harass, abuse, or harm others
Distribute malware or malicious code
Attempt to reverse engineer or disrupt the Service
Scrape, copy, or extract data without permission
Use the Service for spam or unauthorized advertising
Misrepresent your identity or affiliation

We reserve the right to remove content or suspend accounts that violate these rules.

7. Payments and Subscriptions

Escalium offers multiple plans, including a free plan and paid subscription plans.

Paid plans include:

Monthly subscription tiers (e.g. $25, $49, $129 USD)
Yearly subscription tiers (e.g. $20, $39, $103 USD)

All payments are processed via Stripe. By subscribing, you authorize recurring charges according to your selected plan.

7.1 Billing

Fees are billed in advance
All payments are non-refundable unless required by law
You are responsible for all applicable taxes

7.2 Cancellation

You may cancel your subscription at any time.

Access continues until the end of the billing period
No partial refunds are issued for unused time

8. Free Plan

Escalium offers a free plan with permanent access, subject to limited features and usage caps, which may include:

Limited number of campaigns per month
Limited number of landing pages
Limited number of video generations per month
Reduced access to analytics and platform data
Exclusion from advanced features (pre-save campaigns, automated optimization, cost-per-stream analytics, multi-artist management, team collaboration)

We may modify the features, limits, or availability of the free plan at any time. We reserve the right to suspend free accounts identified as bots, creating multiple accounts to circumvent limits, or violating these Terms.

9. Affiliate Program

Escalium may offer an affiliate and referral program ("Affiliate Program") through which eligible users may earn commissions for referring new paying customers.

9.1 Eligibility and Participation

Participation is subject to acceptance of a separate affiliate agreement available in the Escalium dashboard. We reserve the right to approve, reject, suspend, or terminate any affiliate account at our sole discretion.

9.2 Commission Structure

Unless otherwise stated: commissions are recurring (lifetime) for as long as the referred customer remains an active paying user; commissions apply only to valid, non-refunded payments.

9.3 Attribution and Tracking

Referral tracking is based on last-click attribution. Tracking cookies have a duration of up to 12 months. Only one affiliate can be credited per customer.

9.4 Payments

Affiliate commissions are paid via bank transfer, subject to minimum payout thresholds, account verification, and fraud/compliance checks. We reserve the right to delay or withhold payments in cases of suspected fraud or chargebacks.

9.5 Fraud and Abuse

We strictly prohibit: creation of fake accounts or self-referrals; use of multiple accounts to manipulate commissions; automated or bot-generated traffic; misleading marketing practices. Violations may result in commission revocation and account termination.

9.6 Program Changes

We reserve the right to modify commission rates, pause, or terminate the Affiliate Program with prior notice where reasonably possible. Changes will not retroactively affect already-earned valid commissions, unless fraud or abuse is detected.

10. Intellectual Property

All rights, title, and interest in the Service (excluding User Content) belong to Escalium, including its software, design, branding, code, features, and documentation. You may not copy, modify, distribute, or reverse engineer any part of the Service without permission.

11. Third-Party Services

The Service integrates with third-party providers such as Stripe, Google Analytics, Meta Pixel, Resend, and hosting/cloud infrastructure providers. We are not responsible for third-party services; their actions are governed by their own terms and policies.

12. Service Availability

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted access. Maintenance, updates, or outages may occur. We are not liable for downtime or data loss.

13. Termination

We may suspend or terminate your account if you violate these Terms, if required by law, or if your use poses risk to the Service or other users. You may also delete your account at any time.

14. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be error-free, always available, or that results will meet your expectations.

15. Limitation of Liability

To the maximum extent permitted by law: we are not liable for indirect, incidental, or consequential damages; our total liability shall not exceed the amount paid by you in the last 12 months (if any).

16. Indemnification

You agree to indemnify and hold harmless Escalium from any claims, damages, or expenses resulting from your use of the Service, your User Content, or your violation of these Terms.

17. Data Protection

Our collection and use of personal data is governed by our Privacy Policy, which forms part of these Terms.

18. Changes to Terms

We may update these Terms from time to time. Continued use of the Service after changes means you accept the updated Terms.

19. Governing Law

These Terms are governed by the laws of Spain. Any disputes shall be resolved in the courts of Málaga, Spain, unless otherwise required by applicable consumer protection laws.

20. Contact

If you have any questions about these Terms, contact: hello@escalium.io