Toscale | Terms of Use

TERMS AND CONDITIONS

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND RESPONSIBILITIES, ALSO AS TERMS, LIMITATIONS AND EXCLUSIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE.
BY ACCEPTING THESE TERMS, YOU AGREE AND ACKNOWLEDGE THAT:
- You have read, understood and agreed to abide by these Terms of Use;
- You accept all obligations set forth in this document;
- You have reached the age of majority and are capable of using the Software;
- You are not under the control of a jurisdiction that explicitly prohibits the use of such software;
- You use the Software at your discretion and at your own risk.

These Terms of Use constitute a legally binding agreement between you and toscale regarding your access to and use of the Software, which includes, but is not limited to, registering a Customer account (“Customer AccountModel”) in the Software. By accessing or using the Software, you agree to abide by these Terms of Use. You should also read our Privacy Policy at https://toscale.io/privacy, which is incorporated by reference into the Terms of Use. If you do not wish to comply with these Terms of Use, do not open or use the Software.

If you enter into these Terms of Use on behalf of a company or other legal entity, you declare that you have the authority to associate such a person and its affiliates with these Terms of Use, in which case the terms "you" and "your" refers to such a person and its affiliates, and not to you personally. If you do not have such authority, you should not accept these Terms of Use and may not use the Software.

Toscale may update or revise these Terms of Use from time to time, notifying you of such updates or changes to the Software. You agree that you will periodically review these Terms of Use. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, you may stop using the Software. If you violate any of these Terms of Use, your permission to use the Software automatically terminates and you must stop any use of the Software.

Software

The software provides you with tools that allow you to manage your digital assets, including, but not limited to, tools that allow you to: (i) place buy / sell orders on one or more third-party cryptocurrency exchanges using the capabilities of a third-party public API and the “ Trading terminal »toscale; (ii) configure the “Assist” parameters, which will automatically execute cryptocurrency trading orders on third-party cryptocurrency exchanges within these established parameters and without the need for additional human interaction or intervention; (iii) for an additional fee, select a subscription and receive additional information from third parties who use the Software as a platform to distribute their own information to customers who subscribe to their channel or mailing list (“Corporate Partners”); (iv) use toscale application programming interfaces and API specification documents (“toscale API” or “API”) to establish an electronic connection to third-party services.

Denial of responsibility

TOSCALE PROVIDES SOFTWARE. TOSCALE DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR OTHER PROFESSIONAL ADVICE. TOSCALE IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. YOU ACKNOWLEDGE AND AGREE THAT TOSCALE IS NOT RESPONSIBLE FOR THE USE OF ANY INFORMATION YOU RECEIVE ON THE SOFTWARE. YOUR DECISIONS TAKEN ON THE PLATFORM OR WHEN USING THE SERVICES OF THE PLATFORM OR YOUR INTERPRETATION OF DATA, YOU TAKE YOURSELF, FOR WHICH YOU ARE TOTAL RESPONSIBILITY. YOU AGREE THAT YOU USE THE SERVICE ACCEPTING EVERYTHING RELATED TO THE USE OF RISKS.

YOU ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL MEANS AND MEANS OF YOUR CLIENTS, IF APPLICABLE. Cryptocurrencies are a New and Insufficiently Tested Technology. In addition to the risks included here, there are other risks associated with your use of the software, as well as with the purchase, storage and use of cryptocurrencies, including those that TOSCALE CANNOT OPPOSE. SUCH RISKS MAY BE FURTHER MATERIALIZED AS REQUIRED VARIATIONS OR RISK COMBINATIONS DISCUSSED HERE.

Provision of software

You agree that your order constitutes an offer to buy, in accordance with these Terms of Use, all products and services listed in your order. All orders must be accepted by us, otherwise we will not be obliged to sell you goods or services. We may decide not to accept orders at our sole discretion, even after we send you an confirmation email with your order number and details of the goods you ordered.

By accepting your order, TOSCALE grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Software when filling out and submitting the registration form for the Software and only in accordance with these Terms Use.

You acknowledge and agree that the form and nature of the Software (or any of its functions) may change from time to time without notice.

You acknowledge and agree that we may terminate (permanently or temporarily) the provision of the Software (or any functions in the Software) to you or to users as a whole at our sole discretion without prior notice. You may stop using the Software at any time in accordance with the terms of these Terms of Use.

You acknowledge that the TOSCALE API is an integral part of the Software and is subject to all provisions of these Terms of Use, including liability for illegal use of the software. Please note that access to standard and documented API functions can become available both automatically after registering a client account, and after a request to the TOSCALE support service. You agree to use the API solely to develop and establish electronic connections with third-party services that: (i) provide functionality such as the normal function of their software or information system; (ii) provided and authorized you with such access; (iii) have regulated cooperation and / or entered into agreements with you in accordance with the laws of your respective jurisdiction.

Prices, terms of payment and returns

All prices, discounts and promotions posted on the Software are subject to change without notice. The price charged for the product or service will be announced in the Software at the time of placing the order in accordance with the terms of any promotions or discounts, your geographical location or place of residence, the payment method chosen. You will be charged the price announced at the time of placing the order, in accordance with the selected frequency of payment (monthly, quarterly, semi-annually, annually, etc.) until it is canceled in accordance with these Terms of Use. Our accrued price will be clearly indicated in the transaction history section of the Software after the completion and confirmation of each transaction by a third-party payment service provider.

If we increase our prices, this increase will only apply to purchases made after the date the increase takes effect. The prices indicated in the Software may not include applicable discounts or taxes until you completely fill out the profile information in your Client AccountModel. We strive to display accurate pricing information, but we may sometimes allow inadvertent typos, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising in such cases.

Additional payments or taxes may be levied by your payment service provider, issuing bank or intermediary, which are beyond our control.

You can use any available and most convenient payment method currently available in the Software for all purchases. However, TOSCALE does not guarantee the availability of any payment method at any time. TOSCALE may add, remove or suspend any payment method temporarily or permanently at its discretion.

Any payments that you make in the Software and the Software may be subject to VAT (value added tax) at the appropriate rate and in accordance with the jurisdiction legislation established by you. TOSCALE accumulates and charges VAT for your payments, based on the place you set, which is automatically determined by the IP address of your device and / or provided manually by TOSCALE when entering a payment address.
If you do not agree with the information that was automatically determined, you must provide us with your billing address, given that the Software will be used in this place: by entering the address data into the Software when making the payment; and sending us a valid proof of this residential address afterwards.

You represent and warrant that: (i) the payment information that you provide to us and to any payment service provider (“PSP”) that we can use is true, correct and complete, (ii) you are duly authorized to use such payment method for the Purchase, (iii) the costs incurred by you will be borne by the issuer of your payment method, and (iv) you will pay the costs incurred by you at the stated prices, including all applicable taxes, if any, regardless of the amount indicated on software n and the moment of your order.

Unless otherwise required by law, we are not required to provide a refund or credit. Due to the fact that the Software is a digital product, compensation is not provided without clear, reasonable and legal reasons. We will evaluate any request for reimbursement of previously paid fees on its merits and in the manner described in these Terms of Use and our Return Policy at https://toscale.io/refund.

You understand that you are purchasing the Software from toscale through the PSP. Unless otherwise required by law, you are required to contact toscale support for any questions related to payment transactions before contacting your PSP or financial institution. You must not open multiple disputes or file multiple appeals with toscale or another place at the same time.