- Following the issuance of the General Rules under the "Law to Regulate Financial Technology Institutions," it was determined that our operating model does not qualify for authorization to operate as a Financial Technology Institution (ITF) under the category of an electronic payment funds platform. Accordingly, our operations are not supervised by the financial authorities. However, our activities remain lawful, formal, and regulated, and are subject to various obligations under the Federal Law for the Prevention and Identification of Transactions with Illicit Proceeds (commonly known as the Anti-Money Laundering Law) since September 2019. Before becoming a user or client and consenting to our Legal Agreements, it is important to understand that neither the Federal Government nor any entities of the parastatal public administration assume responsibility for, or guarantee, the resources involved in any of the services offered by AllScale on our platform.
- By signing up to use the AllScale Services signifying your acceptance to these terms (i.e., clicking the “I have read and agreed” button or through any other means provided by AllScale), by accessing or using any of the AllScale Services, you acknowledge that you have read, understood, and have granted your full and unconditional acceptance of the general and specific terms and conditions established by the AllScale User Agreement and other AllScale User Agreement Rules, which may be revised from time to time, without notice to you alone, in certain, limited circumstances described herein. AllScale has the right to modify this AllScale User Agreement and/or the AllScale User Agreement Rules and will give notice through a public announcement without informing you alone. Published changes take effect immediately following the date of their publication on AllScale Site(s).
- You are committed to accept and comply with this AllScale User Agreement. If you do not agree to any terms in this AllScale User Agreement or AllScale User Agreement Rules, or with any update, change, or modification hereto, you should cease using AllScale Services immediately or otherwise be bound by such terms of service.
- In the event of any breach in these terms, AllScale has the right to terminate the services of any AllScale User(s) who are suspected of violating these terms or any relevant laws and regulations applicable to the AllScale Services and AllScale Users.
- AllScale has the right to report suspicious transactions to relevant financial regulators and, if necessary, freeze the User’s assets and transfer them to the appropriate department for processing in terms of applicable AML and CTF Provisions.
- AllScale Services are sophisticated, carry a high level of risk, and are not appropriate for users who do not possess the proper level of knowledge and experience to deal with them. AllScale Users assume full responsibility to assess the suitability to you of AllScale Services and any statement or comment which may be made by AllScale or any of its directors, officers, employees, agents, or representatives and should, under no circumstance, be considered as investment or legal advice and should not be received or relied upon as such. AllScale makes no warranty, either express or implied, concerning the AllScale Services, including, but not limited to, the suitability of the AllScale Services, as well as to the rendering of such AllScale Services without errors or omissions, and the persistence, accuracy, reliability, and fitness of the AllScale Services for a particular purpose.
- Any use of the AllScale Services, including the decision to register as a AllScale User, is done at your own free will and volition. Therefore, you are responsible for the consequences that this decision may have on your estate.
- Definitions: In this User Agreement and all documents incorporated herein by reference, the following words and phrases have the following meanings unless otherwise indicated:
Affiliates: It refers to any person or any other person that directly or indirectly controls, is controlled by, or under the common control of such first-person, and shall include subsidiaries and parent companies of the first person and subsidiaries of the parent.
AML and CTF Provisions: Shorthand for Anti-Money Laundering and Counter-Terrorist Financing Provisions. It includes, but is not limited to, all Laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, Fiat, or Digital Assets, including, but not limited to, the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or economic sanctions violations, which may also require internal controls to detect, prevent, report, and maintain records of suspected money laundering or terrorist financing.
Anti-Corruption: All Laws applicable to each Party prohibiting corruption or bribery of Government Officials, kickbacks, inducements, and other related forms of commercial corruption or bribery.
Blockchain: A data structure that makes it possible to create a digital ledger of transactions and share it among a distributed network of computers Crypto-assets: A type of digital asset in which encryption techniques are used to regulate the creation of new units, verify transactions, and secure the transactions without the intervention of any middleman, through a peer-to-peer network.
Cryptocurrency: a type of digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank or Country, and usually do not have legal tender status.
Custody/Control: "Custody" and "control" of virtual assets shall mean the possession or control of the private keys, credentials, or other authorizations necessary to initiate or authorize a transaction involving such assets.
Data: Also called “User Data”, it refers to any identifiable information relating toa AllScale User and is regulated by AllScale's Privacy Policy.
Digital Asset or Digital Token: A digital representation of value that may function as a (i) a medium of exchange; (ii) a unit of account; (iii) a store of value; and/or (iv) other similar digital representations of rights or assets, which is neither issued nor guaranteed by any country or jurisdiction and does not have legal tender status in any country or jurisdiction, typically including blockchain-based assets or rights including sovereign cryptocurrency such as bitcoins, litecoins, and ethers.
Digital Token Address: A string of alphanumeric characters used to receive and send Digital Tokens, which typically is associated with a user's Digital Token Wallet.
Digital Token Wallet: A software application (or other mechanisms) that provides a means for holding, storing, and transferring Digital Tokens, including a user's Digital Tokens Address, Digital Token Balance, and cryptographic keys.Economic Sanctions: means financial sanctions, trade embargoes, export or import controls, anti-boycott, and restrictive trade measures enacted, administered, enforced, or penalized by any Laws applicable to you or the Site.
Electronic Payment Funds shall mean monetary value that is:(a) Represented by a claim on the issuer;(b) Stored on an electronic or digital medium;(c) Issued against the receipt of funds for the purpose of making payment transactions, including transfers of funds to others; and(d) Accepted by a person or entity other than the issuer as a means of payment.
The following shall not be considered Electronic Payment Funds: (i) Loyalty or rewards program balances offered by a legal entity that are redeemable only with that entity or its affiliates for goods, services, or benefits and are not convertible into legal tender;(ii) Prepaid amounts for goods or services accepted only by the issuer or its affiliates within the same corporate group, provided such amounts are not convertible into legal tender; and(iii) Deposits or balances held by regulated financial institutions pursuant to applicable laws governing depository institutions.Eligible Contract Participant has the meaning set out in Section 1a(18) of the United States Commodity Exchange Act and Rule 1.3 of the United States Commodity Futures Trading Commission, each as amended;Eligible Person: Any Non-Sanctioned Person that meets the requirements established in section 4.1 of the AllScale User Agreement.
Fiat: Also called “Fiat Currency”, it refers to the government-issued currency that is designated as legal tender in its country of issuance through government decree, regulation, or the law.
Force Majeure Event: It refers to such events as the outbreak of diseases, death of or serious injury to any key member of the Parties, acts of God, riots, and insurrection, war, acts of terrorism and fire, judicial or government action, acts of civil or military authority, each of which is beyond the reasonable control of the Party/Parties whose performance of its obligations hereunder is prevented or delayed by such event.
Government means any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to a government instrumentality, including any parasternal company, or state-owned (majority or greater) or controlled business enterprise.
Government Approval means any authorization, license, permit, consent, approval, franchise, concession, lease, ruling, certification, exemption, exception, or waiver by or with any Government necessary to conduct the business of either Party or the execution and delivery of the Services under this Terms of Service;Government Official means an officer or employee of any Government, a director, officer, or employee of any instrumentality of any Government, a candidate for public office, a political party or political party official, an officer or employee of a public international organization, and any Person who is acting in an official capacity for any of the foregoing, even if such Person is acting in that capacity temporarily and without compensation.
Intellectual Property: It refers to any copyright, patents, utility models, trademark, design, database right, trade, business or company names, trade secrets or other propriety rights or any other rights including the registration of such rights and, including any rights or confidential information, trade secrets, know-how, innovation, or data.
Laws means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you or the Site;
AllScale Inc.: referred to as “AllScale” or “AllScale Global,”, a company duly incorporated in Hong Kong, with its registered address at Unit 2004-06, 20/F, Strand 50, 50 Bonham Strand, Sheung Wan, Hong Kong.s. AllScale is an online payroll service provider and global settlement platform that facilitates payments in digital currencies, including cryptocurrencies.
AllScale Services: It refers to all services offered to AllScale Users, directly or indirectly through third-party providers, by AllScale Inc.. These services may include, when permitted by the applicable law, access to the AllScale Site, the use of the AllScale Dashboard, transfer of balances to other Persons or AllScale Users, and other financial services that could be made available directly or indirectly to AllScale Users.
AllScale Site: Hereinafter called “Site”, it refers to all official AllScale brand websites and applications, such as www.AllScale.io, that serve as the interface to connect AllScale Users to his/her/their Wallet.
AllScale User: Also “AllScale Customer”. It is any natural or juridical Person who, according to AllScale’s Rules, is 1) an Eligible Person; 2) has completed the registration on the AllScale Site; 3) is authorized to use AllScale Services; and 4) his/her/their identity has been verified and has complied with applicable AML and Know Your Customer provisions.
OFAC means Office of Foreign Assets Control of the U.S. Department of the Treasury.
Party/Parties: Refers to Parties hereto and the expression “Party” or “Parties” shall be construed as any one of them under the set context.
Person: any individual, partnership, association, corporation, company, other body corporate, estate, trust, and any form of organization, entity, or group (whether having separate legal personality or not).
Sanctions List: means the Law No. 13,810, of March 8, 2019), “Specially Designated Nationals and Blocked Persons” (“SDN”) List and the Non-SDN List, including the “Sectoral Sanctions Identifications List”, published by OFAC; the Section 311 Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern published by FinCEN; and, any other foreign terrorist organization or other sanctioned, restricted, or debarred party list published by the FIA, or under Economic Sanctions, AML, or CTF Laws of or by Governments of the United States, the British Virgin Islands, the United Nations, Hongkong, or any other jurisdiction or Government, as applicable to you or to the Site, as amended, supplemented, or substituted from time to time.
Sanctioned Person: It refers to any Person or Digital Token Address that is: (a) listed explicitly in any Sanctions List; (b) directly or indirectly owns or owned 50 percent or more by any Person or Persons, referred to in any Sanctions List, or Government or Government Official of any prohibited jurisdiction; or (c) that is subject to any Government approval or otherwise sanctioned, restricted, or penalized under applicable laws.
United States: means the several states of the United States and the District of Columbia.
U.S. Account: means any account that is held by one or more U.S. Persons or non-U.S. entities that have one or more Controlling Persons who is a U.S. Person;U.S. Citizen or U.S. Resident: includes any U.S. citizen, U.S. lawful permanent resident, individual who meets the “substantial presence” test described in section 7701(b)(3) of the U.S. Internal Revenue Code of 1986 (as amended), protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act, or individual who holds a passport issued by the United States Government.
U.S. Financial Institution: means any U.S. Person and any of its affiliates, branches, offices, or agents incorporated, organized, or located in the United States or Territory or Insular Possession of the United States that is engaged in the business of: (i) accepting deposits, (ii) making, granting, transferring, holding, or brokering remittances, loans, or credits, or (iii) purchasing or selling foreign exchange, securities, commodity futures or options, or procuring purchases and sellers thereof, whether as principal or agent, and this term applies to affiliates, branches, offices, and agencies of any foreign financial institution that are located in the United States or Territory or Insular Possession of the United States, but not such foreign financial institution’s affiliates, branches, offices, or agencies located outside the United States and Territory or Insular Possession of the United States.
U.S. Person: means
a. U.S. Citizen or U.S. Resident;
b. corporation, partnership, or other entity established or organized in or under the Laws of the United States;
c. any estate of a decedent who was a citizen or a resident of the United States;
d. any trust if
(i) a court within the United States is able to exercise primary supervision over the administration of the trust, and
(ii) one or more United States Persons have the authority to control all substantial decisions of the trust; or
f. any Person organized or incorporated outside the United States and the Territory or Insular Possession of the United States in which any of the foregoing, whether singularly or in the aggregate, directly or indirectly holds a 50 percent or greater equity interest by votes or value, holds a majority of seats or memberships on the board of directors of the entity, or authorizes, establishes, directs, or otherwise controls the actions, policies, personnel decisions, or day-to-day operations of the Person.
Virtual Asset means a digital representation of value that is electronically recorded and used by the public as a medium of exchange, unit of account, or store of value, and that can be transferred, stored, or traded electronically. For the avoidance of doubt, legal tender currencies (whether domestic or foreign) and assets denominated in legal tender are not considered Virtual Assets. - Headings:
In this User Agreement, headings and subheadings are for convenience only and are not taken into account in the construction or interpretation of any provision or provisions to which they refer. - Extended Meanings:
Unless otherwise specified in this User Agreement, words importing the singular include the plural and vice versa and words importing gender include all genders. - Governing Law:
This Agreement shall be governed by, construed, and interpreted under the Laws of the Hong Kong Special Administrative Region ("HKSAR"). Any dispute, controversy, claim or action arising from or related to your use of the Site or these Terms of Service likewise shall be governed by the Laws of the HKSAR, exclusive of choice-of-law principles. A reference to any statute or statutory provision shall be construed as a reference to the same as it may have been, or may from time to time be, amended, modified, or re-enacted.
- AllScale Inc. provides an online payroll and global settlement platform that facilitates payments in digital currencies, including cryptocurrencies. AllScale acts solely as an independent contractor for all purposes. AllScale does not control, and assumes no liability for, the products or services that users may purchase or settle using AllScale Services. AllScale does not guarantee the identity of any user or third party, nor does it ensure that any payment or settlement will be completed. AllScale is not a money transmitter. AllScale assists users in the settlement of obligations through the use of Digital Tokens.
- Your Privacy. Protecting AllScale Users’ privacy is important to AllScale. Please review our Privacy Policy to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
- Privacy of Others; Marketing & Advertising. If you receive information about another AllScale User using AllScale Services or other means, you must keep the information confidential and only use it in relation to AllScale Services. You may not disclose or distribute another AllScale User(s)’ information to a third party or use the information for marketing and/or advertising purposes unless you receive the AllScale User(s)’ express consent to do so. You may not send unsolicited email(s) or messages to a AllScale User using AllScale.
- Intellectual Property. “AllScale” and all logos related to AllScale Services and/or AllScale Inc. services are either trademarks or registered marks of AllScale Inc. or its licensors. All products and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
- Email, Password, and Account Security. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access AllScale Services. You are responsible for keeping your email address up to date in your AllScale account. Any change of email shall be notified in advance to AllScale to become effective.
- Notices to you. You agree that AllScale Inc. may provide communications, requirements, announcements, and notifications about your account or about AllScale Services through official AllScale Site(s) or to the electronic address established by you during your registration. You also assume responsibility to regularly access AllScale Site(s) to review any notification(s) and/or announcement(s) published there.
- Notices to AllScale. AllScale prefers receiving notices to AllScale Inc. electronically through our support system and/or (insert all official email, phone numbers here). Paper notices can also be sent to AllScale Inc. to its registered address.
- Validity of Notices. You agree that for any matter related to the provision of AllScale Services, such notices are only to be between AllScale and you through the email provided at the time of registration on the AllScale Site or through an email that is subsequently provided to AllScale. Said notices will be considered valid with the sole fact that AllScale can prove that the email left AllScale’s servers. You cannot assume legal responsibility nor rights for any activities or information such as winning and offers, which are not provided to you through AllScale's official electronic distribution channels.
- Before or by continuing to use AllScale Services provided by AllScale, you are voluntarily and expressly acknowledging and accepting, and without limitation, the following:
•Use of AllScale Services and Digital Tokens. The price or value of digital currency are volatile and can change rapidly, decrease, or even potentially become zero, resulting in potential large losses. Digital Tokens may cancel, display, or duplicate, otherwise, lose all or most of its value, due to forks, attacks, changes in Token properties, or the Digital Token's failure to function as expected. Digital Tokens may decrease in value or lose its full value due to, but not limited to, legislative or regulatory activity by governments, changes in the operation of Digital Token technology, cyber-attack, fraud, and publicities. Therefore, AllScale Users alone are responsible for carrying out independent analysis of the specific risks of the Digital Asset, AllScale Services, and of any other risk associated with the use of Digital Tokens. YOU SHOULD NOT ACQUIRE ANY DIGITAL ASSET UNLESS YOU HAVE SUFFICIENT FINANCIAL RESOURCES AND CAN AFFORD TO LOSE THE FULL VALUE OF THE TOKENS.
• Digital Tokens and Crypto-asset Regulations. The exchange and acquisition of Digital Tokens and Crypto-assets, in general, are not activities regulated by many countries, including the USA, and as such, is not supervised by any authority.
• Legal Tender and Currency Status. Digital Tokens are not legal tender and are not endorsed by any government or any financial institution. Digital Tokens are not a currency, are not backed by any government and are not insured by any type of deposit insurance at the local or federal level.
•Legal Regime. That Digital Assets do not have a fully defined legal regime and are therefore subject to legislative, policy and/or regulatory changes at the state, federal and international levels that could affect their use, transmission, exchange, and value.
• Operation of Digital Token Technology. AllScale Inc. does not own or control the Underlying Technology which governs the operation of digital currencies in AllScale Services. The functions, characteristics, operation, use, and other properties of the Digital Tokens (hereinafter, "Token Properties") and the underlying software, networks, protocols, systems, and other technologies (hereinafter, "Underlying Technology") used to manage, create, transfer, cancel, use and/or transact with the Token can be complicated, technical, and challenging to understand and evaluate.
• Open Technology Risks. Digital Tokens and its Underlying Technology are vulnerable to attacks on its security, integrity and/or operation of the Digital Token or its Underlying Technology, including those attacks that, using sufficient computational force, can affect the regular operation of a blockchain or its underlying technology. Such Digital Tokens, Token Properties, and/or the Underlying Technology may change or stop working as expected due to a change made in the Underlying Technology (e.g., “forks”), a change made using features or functions incorporated in the Underlying Technology or a change resulting from an attack. There is also a possibility that the AllScale User may not use and/or deposit and/or withdraw the Digital Tokens when required. Such changes and risks may materially affect the value, function, and/or even the name of the Digital Token you buy/sell/exchange/store using AllScale Services.
• Forks. AllScale Inc. reserves the sole right to choose which fork(s) of each Digital Token will be supported by AllScale Services.
• Inherent Risks to the Use of Digital Token Exchanges. The use of Digital Assets may, by its nature, lead to an increased risk of cyber-attack or fraud. There are technological, cyber, and fraud risks inherent in the purchase, sale, and exchange of digital tokens and crypto assets in general, including the possibility of hacking. In these cases, it may take AllScale days, weeks, and even months to resolve specific problems that may arise from the use of technology, and in some cases, may not be able to be solved at all.
• Unauthorized Use. Third parties can gain access or use your AllScale Account and carry out transactions without your knowledge or authorization, either by obtaining the password for your AllScale Account or by any other method. AllScale Users are responsible for keeping their account safe, as set forth in 5. Accounts and Registration.\AllScale always reserves and, in its sole discretion, the right to eliminate and/or suspend and/or stop maintaining support, custody, or storage of any services. AllScale may suspend or reject the execution of any payment or suspend your access to the Services to comply with any applicable regulation or law.
AllScale always reserves and, in its sole discretion, the right to eliminate and/or suspend and/or stop maintaining support, custody, or storage of any services. AllScale may suspend or reject the execution of any payment or suspend your access to the Services to comply with any applicable regulation or law.
• No Warranty. That the information about any Digital Token offered within the platform is not endorsed or verified by AllScale. Therefore, the information that is available through the platform is not a complete and real representation of the properties, characteristics, functionalities, use, and value of the Digital Token. The fact that AllScale supports the exchange of the Digital Token, as well as its storage through AllScale Services, in no way indicates the approval or disapproval by AllScale of the Token, the issuer, its team, or its whitepaper. The acquisition of the Digital Token is the sole responsibility of the person who decides to do so. AllScale DOES NOT PROVIDE COMMERCIAL ADVICE, IS NOT ACTING AS YOUR INTERMEDIARY, BROKER, ADVISOR, AGENT, NOR DOES IT HAVE ANY FIDUCIARY DUTY TO YOU OR ANY OTHER USER AND DOES NOT OFFER ANY GUARANTEE ON THE SUITABILITY OF THE TOKEN FOR ITS PURCHASE, COMMERCIALIZATION OR OWNERSHIP.
• Security. AllScale strives to enable users to access and use this Site securely, but AllScale does not state that this Site or its servers are free of viruses or other potentially harmful factors; therefore, users should use the industry's recognized software to eliminate any potential viruses in any download from AllScale File. AllScale is trying to ensure that the platform works 365 days * 24 hours to keep online. But AllScale cannot guarantee the DDoS attack, the server vendor to suspend the service, the network provider to suspend service or other force majeure, and other reasons the Site cannot be accessed. You also acknowledge that the trading hall cannot be a single order and that certain withdrawal orders and pending orders could be subject to extraordinary circumstances that would delay their completion (as opposed to other trades typically executed). Deposits and funding can also take a long time to be credited into the account and so on. For the above reasons, which may result in losses to users, AllScale does not assume any responsibility nor liability. - By continuing to use AllScale Services, you acknowledge that AllScale is not responsible for the associated risks, and you assume and accept such risks in the decision to use AllScale Services and/or when buying, selling, exchanging, and/or storing Digital Tokens or Crypto-assets through AllScale Services. Further, You expressly declare and guarantee that you have:
• The necessary technical experience and the ability to make use of AllScale Services; and;
• The knowledge, understanding, experience, professional advice, and information to make your own assessment of the merits and risks of the Digital Tokens offered within the Site.
- Eligibility. The access to AllScale Site(s) and AllScale Service(s) is null and void where such access or use is forbidden by law, or would constitute a breach of AllScale User Agreement Rules, or would be subject to sanctions under applicable regulations. The access or use of AllScale Site(s) shall not be the reason for considering or recognizing any interest, right, remedy, power, or privilege. Non-Eligible Persons that use AllScale Services or AllScale Site(s) are in breach of AllScale User Agreement Rules and any funds, proceeds, or other property held in any AllScale services within the AllScale Site(s) will be confiscated. AllScale may implement controls to restrict participation from any jurisdiction prohibited under this section.
- AllScale reserves the right to close any of your accounts immediately, freeze your funds, and/or liquidate any open positions if AllScale determines that you are accessing any of AllScale Services from any Forbidden Jurisdiction or have given false representations as to your location of incorporation, establishment, citizenship, or place of residence.
- As an Eligible Person, you declare and guarantee that:
• Personhood. You are a natural or juridical person or other organization with full civil rights and full civil capacity when you register or use AllScale Services in the different ways that AllScale allows. If you are a juridical or legal person, your corporate purpose shall allow you to use AllScale Services and your legal representative shall have sufficient authority to represent you. If such qualifications are missing or impaired, either on your legal personhood or through your legal representative, you shall bear all the consequences arising therefrom. AllScale shall have the right to temporarily/permanently cancel or freeze your account and claim against you and your legal representative;
• Technical and Legal Capacity. You have full legal and technical capacity to read, understand, and accept AllScale User Agreement Rules and have also accepted said AllScale User Agreement Rules and its scope;
• History of Suspension. You have not been previously suspended by AllScale Services, or had access to the AllScale Sites withdrawn by AllScale;
• Designated Person/Organization. You represent and warrant that you are not identified on any list of sanctioned, restricted, or debarred parties, including but not limited to the Specially Designated Nationals and Blocked Persons List (SDN List), the Sectoral Sanctions Identifications List (SSI List), or any other sanctions list administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC); nor are you listed on any sanctions, anti-money laundering (AML), or counter-terrorist financing (CTF) list administered by the United Nations, the European Union, Hongkong or any other applicable governmental authority. You further represent that you are not subject to any economic sanctions laws, regulations, or restrictive measures that would prohibit your use of AllScale Services.
Locality, Citizenship, and Residency. You are not located in, or are a citizen or resident of any state, country, territory, or other jurisdiction where AllScale Services may be considered illegal or in violation of any applicable law, or who has not been, in AllScale’s discretion, considered prohibited in participating as an Eligible Person;
• Non-conferment of Rights. You understand that Digital Assets do not confer any rights of any kind concerning AllScale and/or other AllScale Users and/or the Issuer of the Digital Assets, including, but not limited to, voting, distribution, redemption, liquidation, ownership rights (including any form of rights to intellectual property), or any other financial or legal right;
• Beneficiaries. You are using AllScale Site(s) for your own benefit and declare to be the last beneficiary of any fund, token, proceed or other property held in any wallet within the AllScale Site;
• Source of Funds. The funds used to acquire, sell and/or commercialize Digital Assets, come from legal sources, and are not used as a source of money laundering, or to finance any terrorist activity; and
• Tax Obligations. You will comply with any tax obligation in your jurisdiction derived from the acquisition, storage, sale, exchange, or transfer of any Digital Asset. It is your responsibility to determine what, if any, taxes apply to the actions described herein, and consequently it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. AllScale is not responsible for determining whether taxes apply to your transaction(s) or for collecting, reporting, or remitting any taxes arising from any transaction(s). - Duty to Uphold AllScale User Agreement Rules. As an Eligible Person, you agree that you have complied with these terms and will abide by the specific restrictions if AllScale’s or any pertinent regulation’s methods of preventing your participation are wholly or partially ineffective or may be overridden by you in any way.
- Registration Process. You agree to provide true and valid contact information per the requirements for opening of a Level 1 account set out in the AllScale registration page, including, but not limited to:
• Full legal name, without abbreviation;
• Date of Birth or Date of Incorporation;
• Gender;
• Place of Birth or Place of Incorporation
• Nationality;
• State of Residence
• Occupation, profession, activity, and/or line of business;
• Valid email address;
• Cell phone number (verification);
• Geolocation of the mobile device or the IP address of the computer from which you opened your account;
• A valid, official ID or Power of Attorney; and
• Facial Verification
Likewise, you agree to set a AllScale account number/username and password and ensure the authenticity, completeness, and accuracy of all information/documentation provided. You are entitled to a AllScale Account and password to log on if you have legally, thoroughly, and effectively provided the information required for registration. You are deemed to have successfully registered when you sign up a AllScale account and password, and you agree to receive an email or short message from AllScale's management and operation related to AllScale.
You are responsible for maintaining the validity of the contact information you provided so that AllScale or other AllScale Users can contact you effectively. If there are any changes or the information you provided needs updating, you undertake to update your data immediately. You may be held liable for any direct or indirect damages and adverse consequences arising from your inaccurate or incomplete information at the time of registration.
AllScale reserves the right to request any additional information to those set in this AllScale User Agreement, to determine or corroborate the trading profile of the client, whether declared or based on the transactions and the source and intended use of the funds involved in the transactions that you carry out in AllScale Site(s). AllScale can also request additional information and documentation in case there are modifications in the law applicable to AllScale Services.
If there are reasonable grounds for suspecting that the information you provided is incorrect, false, outdated, or incomplete, AllScale has the right to send you a notice or request a correction, and the right to delete the information directly. If AllScale does not receive the requested information in a timely fashion, AllScale may suspend or terminate the services and/or the contractual relationship with the AllScale User, including access to the platform.
AllScale may reject any registration request, cancel previous registrations, or downgrade the account level without being obliged to justify the causes or reasons behind its decision. - Legitimate Use. You acknowledge that the Data that is collected directly or indirectly by AllScale will be used for your registration; therefore, you agree to provide legitimate and accurate Data per the requirements that AllScale establishes and in accordance with AllScale’s Privacy Policy.
- AllScale User Responsibilities. You are required during registration, or activation, of your AllScale account to provide timely, accurate, and complete information as required in the AllScale registration page. Any information posted by your username and password will be deemed to be your own information, and AllScale will not be liable for any loss arising therefrom. AllScale suggests taking the following measures to avoid the inherent risks of using AllScale Services:
• Periodically change your password.
• Refrain from carrying out use of the AllScale Site(s), AllScale Services, or your AllScale account in public places such as, but not limited to, internet cafes, hotels, airports, or any other place where it not guaranteed that the equipment used to access the service is free of malicious software.
• Protect your computer(s) and/or devices from malicious software with at least an updated firewall, antivirus, and anti-spyware programs.
• Do not provide, in under any circumstances, any person your username, password, and other authentication elements. These elements are personal and non-transferrable.
• Use two-factor authentication methods to protect your account (including, but not limited to, the email and/or phone number you used to sign up for a AllScale account).
• Verify that you always logout of your session once finished using AllScale Services and the AllScale Site(s)
• Always verify the security measures that AllScale informs AllScale Users through its internet portal or social networks.
• Use the AllScale Site(s) and AllScale Services as strictly personal.
• Any other means to prevent unauthorized access to your AllScale account as relayed by industry best practices or any other prudent means. - AllScale also does not send emails requesting any type of personal information unless they constitute the valid purposes set forth in AllScale User Agreement Rules and through proper, secure channels (e.g., requesting of additional information for registration, account recovery, etc.). As such, you must a) ignore, delete, or otherwise not respond to emails or communications that seem to come from AllScale in which you are asked to provide personal information, b) avoid opening hyperlinks that appear in the body or said communications or its attachments, c) periodically check that your computer is free from malicious software and update security mechanisms, and d) immediately notify AllScale in case you notice any of your authentication elements may or have been stolen, lost, or accessed or if any of the above-mentioned situations occur.
- Account Security. AllScale Users are solely responsible for the custody and confidentiality of your AllScale account, password, and other authentication elements. You are responsible for all activities conducted with your AllScale account including, but not limited to, events such as information disclosure, posting, online click consent, or submission to various rules and agreements that occur under that account or session, online renewal the AllScale User Agreement Rules, or acquisition of products or services.
You agree that you will immediately notify AllScale of any unauthorized use of your AllScale account or password or other breach of confidentiality and you ensure that you correctly logout of AllScale Site(s) or AllScale Services at the end of each session.
AllScale may, to ensure that your account remains compliant with AllScale Site(s) and AllScale Services, in its own discretion and without any responsibility, temporarily/permanently freeze or block your AllScale account’s username and password, or other authentication elements such as access codes, or when an attempt has been made to enter the AllScale Site or use AllScale Services by submitting an incorrect username or password, or if AllScale detects that such authentication elements have been stolen.
The Parties agree that to reset the password and to be able to enter the AllScale Site(s) and use AllScale Services, you must communicate to AllScale and submit the proper identification requested by AllScale to reset your password or other authentication elements. You agree that if AllScale, in its discretion or when legally required, cannot ascertain or evoke confidence in the information you have provided to verify your identity, AllScale may continue to freeze, block, or otherwise prevent access to your AllScale account, the AllScale Site(s), and/or AllScale Services to uphold the security of the AllScale account.
AllScale shall not and will not be liable for any loss whatsoever arising from your failure to comply with this section. You understand that AllScale acts on your request and that AllScale is not responsible for any consequences (including, but not limited to, any losses or direct or indirect damages) that you have incurred before taking action. - Validity of Electronic Signatures. Your provided username and password serve as authentication elements. AllScale may, when it considers necessary or when legally required, provide you with additional authentication or identification elements to operate the AllScale Site and AllScale Services. Your authentication elements, including any additional elements as necessary, have the same evidentiary value as a written signature in accordance with applicable law(s).
- Third Party Applications. If you grant express permission to a third party to connect to your AllScale Account, either through the third party’s product or through AllScale, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this AllScale User Agreement. Further, you acknowledge and agree that you will not hold AllScale responsible for, and will indemnify AllScale from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
- Service Description. Through the AllScale Services and other services provided by AllScale and its affiliates, business users can initiate payroll and settlement processes by sending payments via wire transfer to designated AllScale bank accounts. Upon receipt of funds, AllScale processes payroll on behalf of the business user, generates relevant invoices, and distributes payments to designated recipients, including employees, contractors, and service providers. Payments may be made in supported Digital Assets or other approved currencies. AllScale also provides related administrative, informational, and technical support services.
- Service Cost. Your expenses, including hardware, software, services, and other costs incurred in your use of the AllScale Services, are borne by you, independently and exclusively. When you use AllScale Services, AllScale has the right to charge you a fee per the Fee Schedule published on the AllScale Site(s). AllScale has the right to make and adjust service charges, depending on the Fee Schedule listed on AllScale when you use the AllScale Services or other written agreements between you and AllScale. Unless otherwise stated or agreed by both parties, you agree that AllScale has the right to deduct the service charge directly from your assets or Digital Tokens held in AllScale Wallets at any time, in its sole discretion.
- Service Rules and Norms. To ensure that you and fellow AllScale User(s) can maximize AllScale Services and AllScale Site(s), you commit yourself to abide by the following:
• When interacting with other AllScale Users, you agree to act in good faith, refrain from engaging in unfair competition, avoid disrupting the regular course of transactions, and comply with all applicable laws and regulations governing online activities. If a dispute arises between you and another AllScale User during a transaction, and either party or both parties jointly submit a request for mediation to AllScale, you acknowledge and agree that AllScale may, at its sole discretion, render a mediation decision based on its independent judgment. You further agree to accept and be bound by AllScale’s mediation decision.
• You are committed to making no commercial use of any of the Data and Intellectual Property on AllScale, including but not limited to the use of information displayed on the AllScale site, in any manner without the prior written consent of AllScale. You shall not use any device, software, or routine to interfere or attempt to interfere with the regular operation of AllScale or any transactions and activities that are taking place on AllScale. You may not take any action that would result in an unreasonable large data load imposed on AllScale network equipment.
• To maintain the integrity and security of the AllScale platform, AllScale reserves the right to suspend, cancel, or reject any payment, settlement, or service request in the event of suspected malicious activity, fraud, disruption of normal platform operations, or violation of applicable laws or regulations.
• For acts you conducted on AllScale, including those that you have not conducted on AllScale but have affected AllScale and its users, AllScale has the right to determine the nature of your conduct unilaterally and whether it constitutes a breach of this AllScale User Agreement and, accordingly, take the appropriate remediation measures and actions available under the applicable laws. You should keep all the evidence of your transactions in your possession or deal with the adverse consequences of your inability to provide sufficient evidence.
• AllScale has the right, based on its own discretion, to determine that your conduct is suspected of violating the terms of this AllScale User Agreement or allegedly violating the applicable laws and regulations applicable to the AllScale Services, as well as administrative rules or if a judicial authority confirms that you have committed an offense or infringement, without the need for your consent or to provide advance notice to you. Your alleged illegal acts, or breach of contract, will entitle AllScale to take action against you. In the event of the occurrence of an alleged violation of another person's legal rights or violation of this AllScale User Agreement, AllScale reserves the right to remove your user registration without prior notice and to impose penalties under the terms of the AllScale User Agreement.
• You shall, solely and exclusively, assume all liability for damage to any third party in respect of any alleged breach of the Agreement and shall ensure that AllScale is free and safe from any loss, direct or indirect damage or expense. If you are suspected of violating the laws or the provisions of this AllScale User Agreement, including causing any loss to AllScale, or if you are subject to any third party claims, or subject to any administrative penalties, you shall indemnify and keep AllScale safe of any loss and expenses incurred, including the documented costs of counsel.
- AllScale Service Changes. In the event of any special circumstances, AllScale will be entitled to the following:
- Changes to AllScale Services. AllScale reserves the right to make changes to the content of this Agreement, the Fee Schedule, and/or other provisions and operation rules issued by AllScale at any time. AllScale will publish a notice at a visible position within the Site and will become immediately effective. If you continue to use the AllScale Services, you are deemed to agree to the change of content published by AllScale. If you do not agree to the changed content, you have the right to stop using the AllScale Services.
- Interruption or Termination of AllScale Service(s). AllScale reserves the right to terminate all AllScale Services according to this AllScale User Agreement, and this AllScale User Agreement shall terminate on the date of termination of the entire service of AllScale. Upon termination of this AllScale User Agreement, you are not entitled to require AllScale to continue to provide you with any services or to perform any other obligations, including but not limited to requiring AllScale to retain or disclose any information in its original account to you or any third-party Information you have not read or sent. The termination of this AllScale User Agreement shall not affect the breach of contract by the defaulting Party.
- In the event of the occurrence of any of the following circumstances, AllScale reserves the right to discontinue or terminate the AllScale Services provided to you, without prior notice:
• your personal information is untrue or inconsistent with the information at the time of registration, and you fail to provide reasonable evidence of such information;
• you violate the relevant laws and regulations applicable to AllScale Services or any of the terms and conditions under this AllScale User Agreement;
• attempts to gain unauthorized access to the Site or another User's account or assisting others trying to do so;
• use AllScale Services to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities;
• due to the requirements of the financial regulatory authorities, the Financial Intelligence Unit or the criminal, political and legal departments;
• for security reasons or other circumstances considered as relevant by AllScale; or
• for any other reason established in this AllScale User Agreement.
Following the suspension or termination of AllScale Services, you remain solely responsible for independently handling and bearing all costs, disputes, or losses arising from any transactions, settlements, or obligations initiated prior to such suspension or termination. You agree to indemnify and hold AllScale harmless from any costs, liabilities, or claims related to such transactions. Upon suspension or termination, AllScale reserves the right to cancel any pending payment instructions, settlements, or service requests that have not yet been completed. - Freezing your AllScale Account. You agree that the Government may require AllScale, per the requirements of the applicable laws and regulations, as well as under the requirements of the financial regulatory authorities, to freeze all or part of your account, that is, temporarily shut down some or all of your accounts. AllScale may also decide to freeze all or part of your account whenever AllScale has reasonable suspicion that the transactions you are conducting (or that you intend to conduct) might be illicit or might facilitate money laundering or terrorism financing. To unfreeze your account the AllScale User must cooperate with AllScale and provide all necessary information for AllScale to be able to verify your identity and other relevant information, including but not limited to information related to your identity, passports, other valid identification documents, and additional information or documents required by AllScale or any applicable laws and regulation. If the account has been frozen by a mandate from an authority, the AllScale User must take all the necessary steps before the competent authority to unfreeze the account and manage the sending of the resolution authorizing AllScale to release it. In any case, AllScale reserves the right to reject the unfreezing of an account and/or to terminate the provision of the AllScale Services.
- Payment Processing and Settlement Rules. AllScale provides services enabling Users to fund their AllScale Wallets, instruct payments, and settle transactions in supported digital currencies or traditional currencies. All payments must be fully funded by the sending User prior to execution. All transactions are settled by the actual delivery of the corresponding amount of digital currency or fiat currency to the recipient’s designated account or wallet.
AllScale acts solely as a service provider facilitating the secure processing of User-initiated payroll disbursements, supplier payments, and other settlement transactions.
Users are responsible for ensuring that they have sufficient available balances to complete any payment instruction. If sufficient funds are not available at the time of processing, AllScale may cancel the transaction or process it partially up to the available balance.
AllScale reserves the right to add, modify, or remove supported payment methods, digital currencies, and settlement options at any time. Before initiating a payment using any new method or currency, Users must ensure they fully understand the payment flow and applicable rules.
Use of AllScale Services is prohibited where restricted by applicable law. Sanctioned Persons and non-eligible users are strictly prohibited from holding an AllScale Wallet, accessing the Site, or using any Services directly or indirectly. - Payment Instructions, Transactions, and Fees. A Payment Instruction is created when a User enters an instruction to make a payment or settlement using the AllScale Platform. Payments may be processed immediately or scheduled according to the User’s selected preferences, subject to AllScale’s confirmation of available balances.Upon placement of a Payment Instruction, the User’s AllScale Wallet balance will be updated to reflect the pending transaction. Once processed, the Wallet will be updated again to show the successful debit and credit actions.AllScale may charge fees for payment processing, currency conversion, or settlement services. Applicable fees will be disclosed prior to transaction confirmation.AllScale reserves the right to modify fee structures or introduce new fees, provided that notice is given to Users where required by law.
- Payment Cancellations. You may cancel a payment instruction only before it has been executed and sent to the designated recipient. Once a payment has been executed by AllScale, you may no longer change, cancel, or revoke your instruction.
- Supported Digital Tokens. AllScale reserves the right, at its sole discretion, to whether support any Digital Token within the AllScale Site(s). AllScale may, at any time, cease supporting any Digital Token for any and no reason. Unless otherwise required by law enforcement or law, AllScale will make reasonable efforts to notify you of its decision either by email or by posting a warning or notice on the AllScale Site(s).Failure to transfer the affected Digital Asset within the time established in the notice is tantamount to forfeiture of the Digital Token due to your inability to access, move or otherwise control the Digital Token using AllScale Services. You acknowledge and agree that AllScale will not be liable for any loss, liability, or expense related to its decision to cease supporting a Digital Asset or your inability to timely withdraw your Digital Tokens.
- When required by law or demanded upon lawful request by any Government, Agency, or Financial Institution, AllScale may be required to share your User and transactional information while processing and sending any withdrawals or when processing and receiving deposits to your AllScale account. You hereby and irrevocably grant full permission and authority for AllScale and its Affiliates to share this information as required under applicable Laws or demanded upon lawful request by any Government, Agency or Financial Institution, and release AllScale and any of its directors, officers, employees, agents or representatives from any error, negligence, liability, or mistake related thereto.
- You acknowledge that to receive payments, it is necessary to enter the Digital Token Address accurately. The User acknowledges that any error in setting the address correctly may result in the irrecoverable loss of your Digital Tokens. Therefore, you accept to be the sole responsible for verifying that the Digital Token Address is accurate and correctly put, and assume any consequence, including loss, derived from any error or inaccuracy of the Digital Token Address while depositing or withdrawing any Digital Asset.
- Compliance to AML/CTF Policies. The AllScale User acknowledges that AllScale will strictly comply with the Anti-Money Laundering (“AML”) and Counter-Terrorism Financing (“CTF”) provisions applicable to AllScale Services and to requirements formulated by any competent authority, by which there may be additional requirements to those established in this AllScale User Agreement, which may be related to the level of risk, whether operational, legal, reputational, geographical or by preponderant activity, among others. Said requirements must be fully complied with to establish and/or continue with the provision of the AllScale Services. The compliance with the requirements regarding personal data made by the competent authority will be always subject to the provisions of our Privacy Policy and the legislation in force.
You understand and agree that AllScale has the right to provide you with necessary information such as user information and transaction records provided to AllScale at the request of government authorities (including without limitation, financial regulatory authorities, the Financial Intelligence Unit, as well as the judiciary and administrative authorities). - AllScale’s Right to Audit, Review, and Right to Act. If you are suspected of failing to comply with any AML/CFT provision, whether domestic or international, you agree that AllScale has the right to carry out any review and audit action that we consider necessary or desirable, such as requesting and gathering any information or documentation that we deem necessary or desirable, as well as to report, at our sole discretion, any activity to any authority and, if necessary, take any measure or carry out any act implicitly or explicitly contemplated in this Agreement or the applicable legislation, including without limiting the temporary or total suspension of the offering of the AllScale Services.
- You also accept the possibility of AllScale sharing your information in cases where it is required to comply with the obligations related to the prevention of money laundering or terrorist financing in the term of the applicable AML and CTF provisions and any related law without the foregoing implying a violation of the obligation of confidentiality or constituting violations of the disclosure restrictions established in our privacy policy. As part of the implementation of our AML/CFT policy,
- AllScale reserves the right to require any additional information to determine or corroborate the declared or operated transactional profile of our users as well as the origin and destination of the funds involved in the operations that the User performs in our platform or for any other related or convenient purpose and, if the necessary information is not received, AllScale may suspend or terminate the AllScale Services and/or the contractual relationship with the User, including his access to our applications.
- AllScale endeavors to provide you, within reason, with an "available" status. AllScale makes no warranty, either express or implied, concerning the AllScale Services, including, but not limited to, the suitability of the AllScale Services, as well as to the rendering of such AllScale Services without errors or omissions, and the persistence, accuracy, reliability, and fitness of the AllScale Services for a particular purpose.
- Described herein are the AllScale User Rights and Responsibilities granted to AllScale Users:
• Right to Information. You have the right to obtain the same available information of the supported Digital Assets in the Site as other AllScale Users that participate in the purchase, sale, and trade of Digital Tokens. However, you acknowledge that the information provided by AllScale may be quoted or obtained from third parties that publish such information and data and, therefore, there may be risks and flaws in such information. AllScale acts only as your trading platform and cannot control the legality of the supported Digital Asset, the authenticity or accuracy of the information provided by third parties, and the ability of the parties to fulfill their obligations in the transaction agreement. You shall do your own research to determine by yourself the authenticity, legality, validity, and suitability to acquire a particular digital asset and their corresponding information, and you shall bear your own responsibilities and losses.
• Right to Deposit and Withdraw. When you register successfully, you have the right to trade in AllScale's Exchange Platform and deposit and withdraw Digital Assets supported by AllScale Services subject to any other provisions stated in this AllScale User Agreement. You agree and acknowledge that for the moment, AllScale only supports digital assets and not fiat currency.
• Right to Suggest. You have the right to make comments and suggestions about AllScale Services, and AllScale will decide whether to adopt such changes at its own discretion or not. You agree that any feedback, claims, and suggestions shall not include violent words, insulting words, false statements, profanity, verbal abuse, rumors, and defamation. If it is discovered that you made such type of comments, claims, or suggestions, AllScale has the right to freeze your account temporarily or permanently, as well as the right to delete, clarify the requirements of the relevant false statements and retain the right to pursue legal claims or actions against you further.
• Right to Ask for Help. If when you are in the process of using AllScale Services, you encounter AllScale's tools or features challenging to use, or if you have doubts about the AllScale User Agreement Rules, funding mechanisms, errors in charges, errors in address, charges not credited in a long time and other issues, you have the right and must submit a support ticket to AllScale, applying for an inquiry or seeking help. You understand that AllScale needs to manage its resources, and it might take some additional time, on certain occasions, to deal with your tickets. AllScale does not guarantee to help you recover from erroneous charges or errors in addresses, and for other reasons that caused the loss of assets.Right to Use AllScale Services. Certain products and services information provided on the platform of AllScale is only available to customers with specific rights and transactional profile. AllScale does not guarantee that you will be able to view or use all information or services, because this will depend on the type of AllScale Services that you will contract and on your transactional profile.
• Responsibility to Non-infringement of Intellectual Property. You may not use the trademarks, signs, logos, emblems, and service marks contained in this website in any way without the prior written consent of AllScale. You may not copy, reproduce, and/or store the information and materials contained in the AllScale platform in the retrieval system, and you shall not transmit, distribute, or conduct other infringement. If you are suspected of infringing upon the legitimate rights and interests of others, such as intellectual property rights, AllScale also has the right to determine the alleged infringement in the case of the existence of the right to provide you with the necessary identity information.
• Responsibility to Abide by Local and International Laws. You shall strictly abide by applicable national laws and regulations, including without limitation, the AML and CTF provisions relevant to you.Responsibility to Safeguard the AllScale Site. You shall not publish any illegal content on AllScale Site. - Additionally, AllScale is under no obligation to review all AllScale User(s)’ information data, digital asset information, trading behavior, and other matters relating to the transaction, expect as express required by law or regulations, or in the following circumstances:AllScale has reasonable grounds for believing that a particular AllScale User may have incurred in a material breach or breach of contract for a specific transaction or set of related transactions.AllScale has reasonable grounds to believe that a particular AllScale User(s)’ behavior in AllScale is suspected of being unlawful or improper.
- Circumstances of Termination. In the event of the following circumstances, AllScale has the right to terminate the Agreement directly by way of cancellation of the account and/or the right to permanently freeze (cancel) your account when:
You are suspected to be registered as a AllScale User directly or indirectly or in the name of another person;
There are sufficient elements to presume that the registered User is not using your username and password.
Your email address does not exist or cannot receive emails, and there is no other way to contact you, or AllScale informs you of other changes to your email message, and within three business days of AllScale's notice has not been changed to a valid email;
It is identified that the transaction comes from a compromised IP or flagged transaction address.
The main content of the user information you provide is untrue, inaccurate, timeless or incomplete;
AllScale suspects that you are intending to use or is using your account for any criminal or illegal activity, including without limitation, fraud, money laundering, and/or terrorist financing.
When you expressly notify AllScale that you are reluctant to accept the current and/or future changes to this AllScale User Agreement and therefore prevent AllScale from serving you; and/or
Others that make AllScale decide to terminate the service situation. - Unauthorized Uses. Users are prohibited from using any AllScale Services, services provided to or in relation to other users, and related third party services, for or in relation to certain activities (“Prohibited Uses”) which contravene the AllScale User Agreement. This prohibition is designed to protect AllScale Users from wrongdoing and ensure compliance with local laws and international norms. AllScale will report any suspicious activity to the relevant law enforcement agencies.
These categories are not exhaustive and are designed primarily for illustrative purposes. Any use of the services for the purpose of facilitating, participating in, or acting in relation any Prohibited Uses can lead to service disruptions, changes in services, account deactivation or reporting to law enforcement. If you believe you are using AllScale Services for one of the purposes outlined in Attachment A. Prohibited Uses, are seeking to use AllScale Services for that reason, or are unsure whether your use or intended use may be a Prohibited Use, you may contact AllScale Support for clarity.
- Release of AllScale Inc. You consequently and irrevocably release AllScale (and our parent, officers, directors, agents, joint ventures, employees, and suppliers) from any type of civil, criminal, commercial, administrative, or any other kind of liability or demands, present or future, known or unknown, related to any of the risks described herein, and therefore irrevocably waive any action that may be taken to claim any type of liability from AllScale. You also agree to liberate AllScale and set free from any liability that may arise from the wrongful or illicit use of AllScale Services and to indemnify AllScale for any damage derived from such unlawful actions.
- Arbitration. You and AllScale expressly agree, by common consent and without reservation, to resolve always to individual and binding arbitration any dispute or claim that may arise concerning this contract or the use of the services provided by AllScale.
Accordingly, you and AllScale waive resolving any dispute arising between both parties through a court, tribunal or Jury Trial, or class arbitration, class action, or any other type of representative proceeding.
If for any reason, a claim must be heard before a Court rather than through arbitration, both parties waive any right they may have to have a jury trial when applicable under applicable law. If the Law of any jurisdiction or Country or a Court prevents the application of the limitation contemplated herein for a claim, in this case, this and only this claim must be resolved before a Court. AllScale may appeal the decision of the latter if appropriate according to the applicable law. The remaining claims will continue to be resolved through arbitration.
This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (HKSAR). In the event of any dispute arising out of or relating to this Agreement, the parties shall first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to submit the dispute to final and binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with its Administered Arbitration Rules then in effect. The seat of arbitration shall be Hong Kong, and the language of arbitration shall be English. - Disputes with Other AllScale Users. AllScale or a third party authorized by AllScale shall have the right to solve your dispute with another user for any payment, according to your irrevocable authorization granted in this AllScale User Agreement. AllScale or such third party will have the sole discretion in fact finding relating to the dispute and to interpret the rules that govern AllScale Services, and consequently make a ruling, including but not limited to, the adjustment of the payment status of the relevant order or to determine a payment that AllScale User(s) must pay.
You agree that the decision is binding to you. If you do not comply with the payment and/or action established under a ruling issued within the corresponding deadline, AllScale has the right (but no obligation) to use the funds that you have on your AllScale account to set off the amount ruled in its or another AllScale User’s favor or, you can decide to pay directly AllScale (and/or its affiliates) and/or the other AllScale User (as the case may be) the corresponding amount determined in such ruling in favor of AllScale.
You should make up to AllScale (and/or its affiliates) and/or other AllScale User(s) the margin or owed amounts promptly and make up for any loss or damage of the same. AllScale (and its) affiliates shall have the right to directly set off the amounts contained in your AllScale account or in any other accounts that you have based on other contracts you executed with AllScale. AllScale will be entitled to continue such set off until the entirety of the margin or amount owed by you to AllScale is recovered.
You understand and agree that AllScale or a third party authorized by AllScale are not judicial authorities and can only identify and review the evidence provided by the Parties in its best capacity as an adjudicator of the dispute. The outcome of the adjudication for the said dispute may not be in line or comply with your expectations. You accept and acknowledge that the adjudicator shall not bear any responsibility for its conclusions and ruling.
- Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF AllScale OR OUR PARENT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, AllScale SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
- You acknowledge and agree that AllScale is not liable for any losses or damages caused by any of the following circumstances, whether AllScale could have reasonably foreseen such losses or damages or not, and whether or not AllScale has previously been advised of the possibility of such losses or damages:
• Specific users and specific transactions that may cause a significant violation or breach of contract;
• Specific users and specific transactions that may cause a significant violation or breach of the applicable AML and CTF provisions, this is that the funds used are of illegal origin;
• The behavior of specific AllScale Users that gives reasonable suspicion of illegal or improper conduct and transactions;
• Your misunderstanding of the AllScale Services;
• AllScale, as a "payment service provider" of a third-party platform, does not guarantee that the site platform information and services can fully meet the needs of users. AllScale does not assume legal liability for errors, insults, defamation, omission, obscenity, pornography, or blasphemy that may occur during the rendering and acceptance of AllScale Services.
Information provided by AllScale (including but not limited to currency introduction, investment analysis report, forecasting article information, and other comments, data, charts, indicators, theory, direct or implied instructions) are for reference and educational purposes only. AllScale does not guarantee the accuracy and completeness of the information. Please refer to the product white paper for additional details and context. AllScale shall not be liable for any loss, claim, or damage resulting from the use of the contents of this website, or that derives from the contents of this website.
AllScale may provide some links to other third-party sites. In that case, the link is only for your convenience, because AllScale does not guarantee the authenticity, effectiveness, legitimacy of information found in third-party sites.
• Costs and losses arising from the purchase or acquisition of any data, information, or transactions in connection with the AllScale Services; this includes but it is not limited to loss of revenue, loss of trading profits or contracts, loss of business, loss of expected savings, loss of information, loss of opportunity, goodwill or reputation, damage or loss of data, cost of purchase of alternative product or service, the elimination or withdrawal of a Digital Asset, as well as any indirect, special or incidental loss or damage arising from infringement (including negligence), breach of contract or any other cause. - Disclaimer. The guarantees and undertakings of AllScale as outlined in this AllScale User Agreement are the sole warranties and representations made by AllScale, in respect of the AllScale Services provided under this AllScale User Agreement, and supersede any other of warranties and undertakings, whether written or verbal, expressed or implied. All such warranties and undertakings represent only the commitment and obligations of AllScale; therefore, AllScale does not guarantee that any third party will comply with the warranties and undertakings under this AllScale User Agreement.
- Time Limitations on Claims. You agree that any claim you may have arising out of or related to your relationship with AllScale must be filed within one (1) year after such claim arose. Otherwise, your claim is permanently barred.
- Force Majeure. AllScale will have no responsibility or liability for any failure or delay in performance of any AllScale Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of AllScale or any of its Affiliates, including without limitation, extraordinary weather conditions, earthquake, acts of God, war, fire, revolts, labor dispute, riot, accident, action of government, power failure, hack, equipment failure, internet outages, server failure, DDoS attacks, software malfunction, or any other occurrence outside of AllScale’s control.
- Effectiveness and alteration of Agreement. This Agreement takes effect immediately on the date of publication, and when you click on the agreement button when registered, it is legally binding for you and AllScale when you use AllScale Services.
- Termination of AllScale User Agreement. You agree that AllScale shall have the right to terminate or provide you with some or all the AllScale Services, temporarily freeze or permanently freeze (delete) your account's rights in AllScale for any reason without prior notice. AllScale does not need to assume any obligations to you or any third party for this purpose, whenever any of the events described below occurs. AllScale has the right to continue to keep the information, records, and other information relating to the account and the use of the data, subject to any regulation or law related to privacy and our Privacy Policy. In such case, AllScale undertakes to notify you by e-mail of said circumstances immediately. Therefore, you agree that your account service can be terminated or that your account can be permanently frozen (canceled) after AllScale's review and consideration of the events described in Unauthorized Uses or any other specific provision in this AllScale User Agreement. You are not obliged to keep or disclose any information in your account unless there is a specific requirement from a government authority for you to do so, and you agree that AllScale does not assume any obligation to forward to you or a third party any information you have not read.
- Severability. If any part, term, or provision of this Agreement is held void, illegal, unenforceable, or in conflict with any applicable law or jurisdiction, the validity of this Agreement will not be affected thereby except to the extent such provision will be so held void, illegal or otherwise unenforceable. If a general provision is inconsistent or conflicting with a specific rule, the latter will have priority.
- Entire Agreement. This AllScale User Agreement contains the complete understanding between the Parties. The Parties agree to abide by the terms and conditions established herein, replacing, and leaving without effects any prior oral or written agreement or negotiation between them.
- Conjunction with Other Agreements. The contents of this AllScale User Agreement in its entirety work alongside all various types of rules AllScale has released to date or may be released in the future, including the Privacy Policy, Over The Counter Policy, and Derivatives Trading Policy. All rules are an integral part of this AllScale User Agreement and have the same legal effect as the AllScale User Agreement. Except as otherwise expressly stated, any services provided by AllScale and its affiliates are governed by this AllScale User Agreement.
- Non-Waiver or Rights. The failure of AllScale at any time to require performance by you of any provision hereof shall not affect the right of AllScale to request performance at any time thereafter, nor shall the waiver of AllScale of a breach of any provision hereof be taken or held to be a waiver of a provision itself. AllScale does not waive any rights not covered by this AllScale User Agreement, to the extent that the law applies to AllScale, which reserves the right to waive or cancel further liabilities.
- Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under this Agreement without AllScale's prior consent. AllScale may assign or transfer any or all its rights or obligations under this Agreement, in whole or in part, without notice or obtaining your consent or approval.
- Language. AllScale may endeavor to provide this AllScale User Agreement in languages other than English, and are enforced in both languages, and which have equal legal force. In the event of any conflict between the provisions of the AllScale User Agreement prepared in different languages, the respective provision in English shall prevail.
You, the AllScale User (including individual and institutional users), undertake the following:
- You have the legal status necessary to carry out the corresponding activities performed within the Site, as well as to contract the AllScale Services, and there are no legal or administrative regulations prohibiting or restricting the situation.
- All documents and information provided by you are true, comprehensive, valid, and lawful, and the legal sources of funds used within the Site are licit.
- You undertake to consciously abide by the laws, regulations, rules and regulations, and regulatory documents relating to AllScale.
- You accept the possibility of AllScale to share your information in cases where it is required to comply with the obligations related to the prevention of money laundering or terrorist financing in the term of the applicable AML and CTF provisions and any related law without the foregoing implying a violation of the obligation of confidentiality, or constituting violations of the disclosure restrictions established in our privacy policy.
- You have committed to fully understand the meaning of "digital currencies & financing," knowing there is also the possibility of loss. In that case, you will be the sole responsible for the results, whether they are profits or losses, and hereby release AllScale from any responsibility or liability in connection with such gains or losses.
- You accept the Site as a valid way to be notified of any notice, change, or modification related to the AllScale Services, and/or the AllScale Rules through the Site. Therefore you assume the responsibility of regularly accessing the Site to review any notification and/or announcement that is published there.
- You agree that for any particular matter related to the provision of the AllScale Services only between AllScale and you to be notified through the e-mail that was provided at the time of registering on the platform, or through the e-mail that is subsequently provided to AllScale. Said notification will be considered valid with the sole fact that AllScale can prove that the e-mail left AllScale's servers.
- You recognize and assume any risk derived from the use of the AllScale Services, the Site, and the AllScale services.
- You recognize and assume any risk derived from tYou confirm your agreement and acceptance of the relevant electronic contract or instrument in the process of establishing the trading system, service system, and other business systems on the computer, electronic terminal, and network, and then sign the corresponding contract with AllScale. The signature or seal of the paper contract shall have the same legal effect and shall not require the signature of a paper contract or instrument.he use of the AllScale Services, the Site, and the AllScale services.
- You shall be solely responsible for maintaining and safeguarding the password that allows you access to the AllScale services. All operations after verification of your identity that are made with the said password will be considered yours. You, and you alone, will bear all the resulting legal consequences.