The toscale platform team manages the online software as a service, including the website located at toscale.io, the toscale mobile application (s), application program interface (s), collectively or collectively, as the “Software”, and provides online services and technical support.

Bearing in mind that you have registered an account with the Software and have expressed your interest and intention to facilitate the distribution of the Software to non-public and familiar persons, toscale.io invites you to enter into this Referral Agreement (“Agreement”) under the conditions below.

ACCESSING YOUR REFERRER ACCOUNT AND CREATING A LINK TO THE LINK, YOU UNCERTAINLY ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

DEFINITIONS

“Referrer” in the definition of the Terms is an individual, an existing registered and active Client of the toscale platform, not blocked or subjected to any sanctions or restrictions, which has accepted this Agreement and thereby expressed its intention to participate in the referral program, attracting new customers using referral links.

“Personal AccountModel” means a prepaid account in the Software that is used to record and display incoming credit payments for subsequent debiting for the services of the Software.

"Referrer AccountModel" means a special account that becomes available to the Referrer after the adoption of this Agreement and after the activation of the referral program on the toscale platform. Funds in the Referrer AccountModel are accounted for in the equivalent of the US dollar and accrued in accordance with section 3 of this Agreement.

The definition of "Client" meets the conditions of the "Terms of Use of the Client" at https://toscale.io (please read it carefully).

“Qualified Customer” means an individual who (a) has successfully registered in the Software using the Referral Link and (b) has purchased and paid for a subscription to the Software in an acceptable cryptocurrency (USDT, ETH or others of the above).

DUTIES

1. To become a referral, you must:
1.1. Be a registered customer of the Software. Your profile in the Software must be completely filled out and contain all the requested data, including contact details;
1.2. Continue the verification procedure (AML / KYC compliance, if applicable);
1.3.Request and receive a referral link in a special section of the software.
2. The referrer may attract any person from the circle of acquaintances to become Qualified Users of the Software in any way possible and in any way that is not against the law, ensuring that such persons:
2.1. Have sufficient age to use the Software;
2.2. Are not controlled by a jurisdiction that expressly prohibits the use of similar software;
2.3. It is known that the use of the Software is at their sole discretion and under their own responsibility.
3. The referrer has no authority and should not:
3.1. Enter into negotiations or receive orders on behalf of toscale;
3.2. Conclude or enter into any agreements (including preliminary or oral agreements) with any persons on behalf of Toscale;
3.3. Introduce yourself as an employee or partner of the toscale platform;
3.4. Engage in any conspiracy with other existing or potential Customers of the Software in order to obtain any illegal benefit from this Agreement;
3.5. Make any representations or give any warranties or warranties regarding the Software;
3.6. To reduce, damage or reduce the reputation, image and prestige of the toscale platform and / or the Software;
3.7. Place or publish any advertisements with company keywords ("toscale", "toscale.io", etc.).
4. Any new Client attracted by the Referrer to the Software is considered a Qualified Client of the Software only if he used the Referral link provided by the Referrer during the registration procedure.
5. The toscale platform has the right, at its discretion:
5.1. Add or remove any part or function of the Software;
5.2. Change the price or specification of any component of the Software;
5.3. To conclude or not to conclude an agreement with any potential client (including a qualified client) without explanation;
5.4. Temporarily suspend or permanently terminate this Agreement, the Referral AccountModel and terminate all calculations related to this, if there are reasonable suspicions of violation of the Agreement by the Referrer.
6. Other rights and obligations of the toscale platform, as well as the Referrer (which is a priori Client), are set out in the Terms of Use of the software client.

TERMS OF PAYMENT

1. The toscale platform will pay the referrer a fee, which is calculated as a percentage of the amount of any successful and subsequently not reimbursed or “down payment” payment made by a subsequent qualified client of a lower level that was made using the Software.
2. Level 1 referral means a Qualified Client, attracted by the Referrer and taxed with a commission of 20%.
The toscale platform will pay the Referrer a commission for the initial payment made only in an acceptable cryptocurrency - USDT, ETH or the other specified in the Software.
The Referrer fee is credited by the toscale platform to the Referrer AccountModel in the amount converted from the original cryptocurrency to the equivalent of US dollars, at the rate of toscale and at the time of processing such a credit transaction.
3. The toscale platform is not required to:
3.1. To credit to the referrer account any commission for any initial payment that was made in any currency that does not meet the conditions specified above;
3.2. Transfer to the Referrer the funds accumulated in the Referrer AccountModel in any currency other than an acceptable cryptocurrency, at the request of the Referrer, but with the final approval of the toscale platform.
4. Funds on the Referrer AccountModel may be credited to the Personal AccountModel at the request of the Client. Commissions credited to the Referrer’s Personal AccountModel may only be used to pay for the services of the Software and subsequently cannot be withdrawn in full accordance with the toscale Refund Policy.
5. The referrer is responsible for reporting, collecting, transferring and paying any or all taxes, fees, duties, charges and other fees of any kind levied by state or other authorities in relation to fees credited to his referrer AccountModel, as well as to the Personal AccountModel.

DIFFERENT

1. The toscale platform may establish additional requirements and conditions, change the amount of payments or otherwise modify this Agreement by publishing an update to the Software at any time at its discretion.

2. This Agreement is governed by and construed solely in accordance with the laws of the Republic of Estonia. Unless the regulatory law provides otherwise, all disputes arising in connection with these Terms or arising in connection with them shall be referred exclusively to the competent court of Tallinn, Estonia, unless the dispute can be resolved through negotiations.

3. The invalidity or unenforceability of any provision of this Agreement does not affect the validity or applicability of any other provision of this Agreement. Any such invalid or unenforceable provision shall be replaced or deemed to be replaced by a provision which is deemed valid and enforceable and which should be as close as possible to the purpose of the invalid provision.

4. If you enter into this Agreement on behalf of a company or other legal entity, you declare that you have the authority to associate such a person and his affiliates with this Agreement, in which case the terms “you” and “your” refer to such a person and its branches, not to you personally. If you do not have such authority, you should not accept this Agreement.