Terms of Service

CostX is a browser-based BOM costing and RFQ-to-quote decision-support platform designed to support activities including BOM and CAD-related data handling, product and variant costing, material and supplier data management, costing calculations, revisions, approvals, audit trails, reports and quote-related outputs.

CostX may be provided on a subscription, trial, demonstration, proof-of-concept or other agreed basis. Specific commercial terms, including subscription period, fees, user limits, support and service levels, may be set out in an Order Form, proposal, statement of work or other written commercial agreement.

Features may vary by subscription plan, customer configuration, release or commercial arrangement.

These Terms apply to the Customer and each Authorized User accessing or using CostX on the Customer’s behalf.

The Customer represents that it is legally capable of entering into a binding agreement and that the person accepting these Terms has authority to bind the Customer.

Where an Authorized User accepts these Terms individually, that person agrees to comply with the provisions applicable to Authorized Users. The Customer remains responsible for use of CostX through its organization account.

To use portions of CostX, the Customer may be required to create an organization account and provide accurate registration, billing and administrative information.

The Customer is responsible for maintaining the accuracy of account information and for activities conducted through its organization account.

Scalex may rely on instructions from designated Customer administrators concerning users, roles, permissions and account settings.

An “Authorized User” is an employee, contractor, consultant or other individual whom the Customer authorizes to access CostX under the Customer’s subscription or other applicable arrangement.

The Customer is responsible for ensuring that Authorized Users comply with these Terms and for managing invitations, removals, roles and permissions.

Customer administrators may be able to create or deactivate users, assign roles, manage permissions and configure application access. The Customer is responsible for the consequences of permissions it grants.

Users must keep passwords, authentication codes, tokens and other credentials confidential and must not share individual credentials.

The Customer must promptly notify Scalex if it reasonably suspects unauthorized access, credential compromise or misuse of the Customer account.

Scalex may require credential resets, additional authentication or other security measures where reasonably necessary to protect CostX, the Customer or other users.

CostX is accessed through supported web browsers and internet-connected devices. The Customer is responsible for its devices, operating systems, browsers, network connectivity, VPNs, firewalls, endpoint security and other technical environment.

Scalex does not control third-party networks, internet availability, Customer devices or Customer-side security configurations.

CostX may integrate with or connect to third-party systems or services, including CAD, ERP, procurement, supplier, authentication, analytics, communication, cloud or other systems.

When the Customer enables an integration, the Customer authorizes Scalex to access and exchange information as permitted by the permissions, credentials and API scopes provided by the Customer.

Third-party services are subject to their own terms and policies. Scalex is not responsible for third-party services or changes, interruptions or failures originating from them.

“Customer Content” means data, files, documents, BOMs, CAD files, drawings, product and variant information, material and supplier information, prices, labour rates, cycle times, overheads, scrap rates, tooling information, costing assumptions, quote information, configurations and other information submitted to or generated through CostX on behalf of the Customer.

As between Scalex and the Customer, the Customer retains its ownership rights in Customer Content.

The Customer grants Scalex a limited, non-exclusive right to host, store, reproduce, transmit, process and otherwise use Customer Content only as reasonably necessary to provide, secure, maintain, support and improve CostX, comply with law, prevent misuse, resolve technical issues and perform obligations under the applicable agreement.

Scalex will not sell Customer Content.

The Customer is responsible for the legality, accuracy, completeness and integrity of Customer Content and for having all rights, permissions and consents necessary for Scalex to process it as contemplated by these Terms.

The Customer is responsible for validating imported or uploaded data, including BOM structures, CAD-derived information, prices, quantities, assumptions and other inputs.

The Customer must not upload or use CostX to process information it is prohibited from providing or processing under applicable law or contractual obligations.

Scalex will treat Customer Content as confidential and will use reasonable measures to protect it from unauthorized access, use or disclosure.

Scalex may disclose Customer Content where required by law, regulation, court order or governmental authority, or where reasonably necessary to protect the security, rights or property of Scalex, CostX users or third parties.

Nothing in these Terms prevents Scalex from using information that is independently developed, lawfully obtained without confidentiality restrictions, or becomes public through no breach of these Terms.

CostX may use rules, algorithms, machine learning, AI-assisted functionality or other automated methods to support costing, data interpretation, recommendations, calculations or related workflows.

Automated outputs may depend on the quality, completeness, structure and currency of Customer Content and other inputs and may contain errors, omissions or unexpected results.

Unless otherwise agreed in writing, Customer Content will not be used to train or fine-tune general-purpose AI models.

AI-assisted and automated outputs are decision-support tools and do not replace Customer review, approval or commercial judgment.

CostX may permit uploads of BOMs, spreadsheets, drawings, CAD files and other structured or unstructured data.

The Customer is responsible for ensuring that uploaded files are accurate, appropriately formatted, free from malicious code and authorized for processing.

CostX may not correctly interpret every file, geometry, mapping, revision, unit, attribute or data structure. The Customer must review imported information before relying on it.

CostX calculations may use Customer-provided or configured information such as material prices, supplier prices, labour rates, cycle times, machine rates, overheads, scrap, tooling, amortization and volumes.

Calculated costs and estimates may change when source data, quantities, assumptions, suppliers, configurations, revisions or other inputs change.

CostX outputs are estimates and decision-support information. They are not guarantees of actual purchase prices, production costs, margins, market prices or commercial outcomes.

CostX may maintain revisions, timestamps, user activity records, audit trails, approval status and related history.

Customer-configured workflows may require designated users to review and approve changes before costing or quote-related outputs progress.

Customer remains responsible for determining appropriate approval controls and for reviewing outputs before using them for business decisions.

CostX may generate costing reports, comparisons, quote-related information or other outputs.

The Customer is solely responsible for final pricing, quotation terms, customer commitments, purchase decisions, production decisions and other commercial actions taken using CostX outputs.

Scalex does not guarantee that any CostX output is commercially appropriate or will produce a particular margin, saving, revenue or business result.

Scalex will maintain reasonable technical and organizational measures appropriate to the nature of CostX and the information processed, which may include access controls, encryption in transit, encryption at rest where applicable, logging, backups and secure development practices.

No internet-based service can guarantee absolute security. The Customer remains responsible for its own account security, user access controls and endpoint security.

Personal information processed through CostX will be handled in accordance with the applicable CostX Privacy Policy and applicable data-protection laws.

Where required by applicable law or the nature of the Customer’s use, the parties may enter into a separate data processing agreement or other privacy addendum.

Each party is responsible for complying with privacy and data-protection obligations applicable to its activities.

Scalex will retain Customer Content for the applicable subscription or service period and for such additional period as reasonably necessary for backups, security, legal compliance, dispute resolution or legitimate operational purposes.

Following termination or expiry, Customer Content may be deleted in accordance with Scalex’s applicable retention and deletion procedures, unless retention is required or permitted by law or reasonably necessary for security, legal or dispute-related purposes.

Where commercially agreed, Scalex may provide data export or transition assistance subject to applicable fees and technical limitations.

Scalex and its licensors retain all rights, title and interest in CostX, including software, interfaces, workflows, algorithms, documentation, designs, trademarks, know-how and underlying technology, excluding Customer Content.

Subject to these Terms and payment of applicable fees, Scalex grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use CostX for the Customer’s internal business purposes during the applicable subscription or service period.

The Customer must not copy, modify, distribute, sell, lease, sublicense, reverse engineer or attempt to extract source code from CostX except to the extent expressly permitted by applicable law.

If the Customer or an Authorized User provides suggestions, ideas or feedback concerning CostX, Scalex may use that feedback without restriction or obligation, provided that Scalex does not thereby acquire ownership of Customer Content.

Scalex may create aggregated or de-identified information from use of CostX provided that such information does not reasonably identify the Customer, an individual or confidential Customer Content.

Scalex may use such information for analytics, security, service improvement, benchmarking and product development.

The Customer and Authorized Users must not use CostX to violate law or third-party rights, gain unauthorized access, interfere with service operation, introduce malware, conduct security attacks, probe or circumvent security controls, abuse APIs or access mechanisms, or use CostX to build or operate a competing service.

Users must not attempt to reverse engineer, decompile or otherwise derive source code or underlying models except where applicable law expressly permits such activity.

Scalex may investigate suspected misuse and may suspend access where reasonably necessary to protect CostX, its users or third parties.

CostX may rely on hosting providers, infrastructure providers, AI providers, communications providers and other third-party services.

Where third-party services process Customer Content, Scalex will use reasonable contractual and technical measures appropriate to the applicable service and use case.

Third-party service availability, functionality and terms may change independently of Scalex.

Trial, demonstration and proof-of-concept access is provided for evaluation purposes unless otherwise agreed in writing.

Trial or demonstration environments may have limited features, usage limits, data retention periods or support.

Unless otherwise agreed, trial and demonstration use is provided without warranties and may be discontinued at any time.

Subscription fees, user limits, billing frequency, payment terms and other commercial terms will be stated in the applicable Order Form, proposal, invoice or other written agreement.

Fees are exclusive of applicable taxes unless expressly stated otherwise. The Customer is responsible for applicable taxes other than taxes imposed on Scalex’s income.

Except where otherwise agreed or required by law, fees are non-refundable.

Unless the applicable commercial agreement states otherwise, subscriptions may renew for successive periods on the agreed renewal terms.

Scalex may change subscription pricing or plans on reasonable notice, with changes generally applying from the next renewal period unless otherwise agreed.

Any minimum commitment, notice period or renewal mechanism in an applicable Order Form or commercial agreement will prevail over this section to the extent of a conflict.

Scalex will use reasonable efforts to keep CostX available, but does not guarantee uninterrupted or error-free operation unless an applicable written service-level commitment expressly provides otherwise.

Scalex may perform scheduled or emergency maintenance, updates, security work and infrastructure changes that may temporarily affect availability.

Support will be provided according to the applicable subscription or support plan, if any.

Scalex may modify, enhance, replace or discontinue features of CostX from time to time, including for security, legal, technical or product-development reasons.

Scalex will use reasonable efforts to avoid materially reducing core functionality during an active paid subscription, except where changes are required for security, law, third-party dependencies or circumstances beyond reasonable control.

Each party may receive confidential information of the other party in connection with CostX. The receiving party will use reasonable care to protect such information and will use it only for purposes of the relationship.

Confidentiality obligations do not apply to information that is public without breach, already lawfully known, independently developed without use of confidential information, or lawfully received without restriction.

A receiving party may disclose confidential information where required by law, subject where legally permitted to prior notice to the disclosing party.

The Customer will defend, indemnify and hold harmless Scalex and its affiliates, officers, employees and agents from third-party claims arising from Customer Content, the Customer’s or Authorized Users’ unlawful use of CostX, violation of these Terms or infringement of third-party rights by Customer Content or Customer use.

Scalex will provide reasonable notice of a claim and reasonable cooperation, at the Customer’s expense, subject to the Customer’s indemnification obligations.

To the maximum extent permitted by law, CostX is provided on an “as is” and “as available” basis.

Scalex disclaims warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability and uninterrupted or error-free operation, except to the extent such warranties cannot lawfully be excluded.

Scalex does not warrant that every BOM, CAD file, data source, calculation, AI-assisted output, integration or report will be accurate, complete, current or suitable for the Customer’s intended purpose.

The Customer is responsible for independently reviewing and validating Customer Content, imported information, calculations, assumptions, approval status, reports and quote-related outputs before relying on them.

CostX is a decision-support platform and does not replace appropriate engineering, costing, procurement, finance, legal, commercial or management review.

To the maximum extent permitted by law, Scalex will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, anticipated savings or data, arising out of or relating to CostX or these Terms.

To the maximum extent permitted by law, Scalex’s aggregate liability arising out of or relating to CostX or these Terms will not exceed the fees actually paid by the Customer to Scalex for CostX during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Scalex may suspend or restrict access to CostX where reasonably necessary to address security threats, unauthorized access, misuse, legal requirements, material breach, or materially overdue undisputed fees.

Where practicable, Scalex will provide notice and an opportunity to remedy the issue before suspension. Immediate suspension may occur where delay could create material risk to CostX, users, Scalex or third parties.

Either party may terminate the applicable subscription or service arrangement in accordance with the applicable commercial agreement.

Scalex may terminate or suspend access for material breach that remains uncured after applicable notice and cure periods, or where continued provision is prohibited by law or creates material security or operational risk.

Termination does not affect rights or obligations that accrued before termination.

Upon termination or expiry, the Customer and Authorized Users must stop using CostX unless otherwise agreed.

Customer Content will be handled in accordance with Section 18. Provisions concerning intellectual property, confidentiality, indemnification, disclaimers, limitation of liability, governing law, dispute resolution and other provisions intended by their nature to survive will survive termination.

Each party will comply with applicable laws and regulations in connection with its activities under these Terms.

The Customer is responsible for determining whether its use of CostX and the information it processes complies with industry-specific, contractual, privacy, export, employment, procurement or other requirements applicable to its business.

The Customer will not use CostX in violation of applicable export-control or sanctions laws and will not permit access by persons or entities where such access is prohibited by applicable law.

Scalex may restrict or terminate access where reasonably necessary to comply with applicable sanctions or export-control requirements.

Neither party will be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government action, widespread internet or infrastructure failures, labor disputes, epidemics, or failures of third-party infrastructure, except for payment obligations that have already accrued.

These Terms are governed by the laws of India, without regard to conflict-of-law principles.

The parties will first attempt in good faith to resolve disputes through discussions between authorized representatives.

Subject to applicable law, courts located in Pune, Maharashtra, India will have exclusive jurisdiction over disputes arising out of or relating to these Terms, unless the applicable commercial agreement provides otherwise.

Scalex may provide notices through the CostX Web Application, email, the Customer’s registered account or other reasonable electronic means.

Legal notices to Scalex should be sent to the contact details in Section 49 unless a different notice address is specified in the applicable commercial agreement.

Scalex may update these Terms from time to time. The updated version will be made available through the CostX website or Web Application.

Where an update materially affects the Customer’s rights or obligations, Scalex will use reasonable means to provide notice. Continued use of CostX after the effective date of updated Terms constitutes acceptance, except where applicable law requires another form of acceptance.

Scalex may require the Customer or Authorized Users to accept updated Terms through the Web Application before continuing use.

The Customer may not assign or transfer these Terms without Scalex’s prior written consent, except in connection with a merger, reorganization or sale of substantially all assets where the assignee assumes the applicable obligations.

Scalex may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization or sale of the relevant business or assets.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment relationship or franchise.

Failure to enforce any provision of these Terms is not a waiver of the right to enforce that provision later.

If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect.

These Terms, together with any applicable Order Form, proposal, statement of work, commercial agreement, Privacy Policy, data processing agreement and other expressly incorporated documents, constitute the agreement governing the Customer’s use of CostX.

If there is a conflict, the applicable Order Form or negotiated commercial agreement will control over these Terms to the extent of the conflict, unless expressly stated otherwise.

These Terms apply to CostX, including its website and hosted Web Application, unless a written commercial agreement expressly provides otherwise.