Terms of Service

Last updated: April 25, 2026

1. Agreement to Terms

By accessing or using Scaler by Marketproof ("Scaler," "the Service"), operated by Marketproof, Inc. ("we," "us," "our"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

Scaler is a prospecting platform for licensed real estate brokers. The Service enables users to identify property owners, create outreach campaigns across email, direct mail, and SMS channels, and manage campaign delivery and responses. Scaler integrates with third-party services including Marketproof Pro (property data), Mailjet (email delivery), Twilio (SMS), Lob (direct mail), Stripe (billing), and Canva (design).

3. Eligibility

You must be a licensed real estate professional in good standing to use Scaler. By creating an account, you represent that you hold a valid real estate license and that your use of the Service complies with all applicable real estate regulations, including CAN-SPAM, TCPA, and DNC registry requirements.

4. Account and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Acceptable Use

You agree to use Scaler only for lawful real estate prospecting activities. You will not use the Service to send spam, harass recipients, transmit false or misleading information, or violate any applicable laws or regulations. You will honor all opt-out requests promptly and maintain compliance with CAN-SPAM, TCPA, and state-specific Do Not Call regulations.

6. SMS Messaging

Scaler provides SMS outreach capabilities through dedicated phone numbers provisioned via Twilio. By using the SMS feature, you agree to comply with all TCPA regulations, A2P 10DLC requirements, and carrier guidelines. Recipients may opt out at any time by replying STOP. Message frequency varies by campaign configuration. Message and data rates may apply to recipients. You are solely responsible for the content of messages sent through your account.

7. Billing and Payment

Scaler operates on a subscription model with prepaid send credits. Subscription fees are billed monthly via Stripe. Send credits are consumed on a per-message basis at the rates displayed in the platform. All fees are non-refundable except as required by law.

8. Property Data

Property data provided through Scaler is sourced from Marketproof Pro, which aggregates data from public records including ACRIS, NYC Department of Finance, and other publicly available sources. While we strive for accuracy, we do not guarantee the completeness or accuracy of property data. You should independently verify any information before relying on it for business decisions.

9. Intellectual Property

Scaler and all associated branding, technology, and content are the property of Marketproof, Inc. You retain ownership of content you create using the Service, including campaign copy and designs.

10. Limitation of Liability

To the maximum extent permitted by law, Marketproof, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to your use of the Service.

11. Termination

We may suspend or terminate your account at any time for violation of these Terms. You may cancel your account at any time through the platform. Upon cancellation, your dedicated phone number will be released and your data will be retained for 90 days before deletion.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notification. Continued use of the Service after changes constitutes acceptance of the updated Terms.

13. Contact

For questions about these Terms, contact us at support@marketproof.com or Marketproof, Inc., New York, NY.