Terms & Conditions of DeFiScale
Section I – Initial provisions
1. Terms & Conditions of DeFiScale (further: T&C) regulate the operational rules of the Company’s project, the rules, and conditions of making investments through the website, the operational rules of the Company’s affiliate program, and the ways of usage of the website.
2. The website belongs to and is governed by DeFi Services Ltd. with its registered office in Victoria, Seychelles, address: Crystal Offices, OT Centre, Victoria Mahe, Seychelles, registered number: 225862, e-mail: firstname.lastname@example.org (further: ‘DeFiScale’ or ‘the Company’).
3. DeFiScale offers its investors participation in a diversified pool of profits yielded by the business projects chosen by the Company and revealed on the Website, including the projects allocated in assets connected to live blockchain. The investor receives the profits as a fixed daily income from the term deposits made through the website in two available assets – USDT and DFC.
4. The user accepts the present T&C by starting usage of the website. The Company may modify the provisions of the T&C at any time. The registered Users will be informed about the modifications by e-mail. Regardless of the present provision, each User should peruse the T&C on an ongoing basis.
5. The capitalized terms enumerated hereunder and used in the present T&C have the following meaning:
5.1. Affiliate – a user registered on the Website who earns profits or undertakes actions in order to earn profits on offering the Company’s product to the other customers;
5.2. Applicable law – a jurisdiction to which the present T&C are subjected, and according to which the present T&C shall be interpreted;
5.3. Company – DeFi Services Ltd with its registered office in Victoria, Seychelles, address: Crystal Offices, OT Centre, Victoria Mahe, Seychelles, registered number: 225862, e-mail: email@example.com which conducts the project called “DeFiScale”, i.e. the business described and regulated in the Website and the present T&C;
5.4. Customer – any natural person corporate body who benefit from the Company’s offer according to Section V and VI of the present T&C or to whom the Company’s offer is addressed;
5.5. Deposit time – the time when the given investment (term deposit) binds both the investor and the Company and when the investor receives daily income according to the chosen investment offer;
5.6. DFC – the Company’s multi-purpose token which grants its owners a right to participate in the profits yielded by DeFiScale and all the projects included in the Company’s investment portfolio; all the profits from deposits, as well as the affiliate’s commission are paid out in DFC;
5.7. Flex – the offer concerning the funds which were transferred to the Company’s system but were not invested in any term deposit;
5.8. Investment portfolio – all the business projects that DeFiScale invests in’;
5.9. Investor – the user who registered on the website and invested by locating the funds in at least one USDT or DFC term deposits;
5.10. Term deposit – the way of investment available in the website, implying locating the chosen amount of funds in one of two available assets – USDT or DFC – for the chosen period of time and with no possibility to withdraw the investment; term deposit brings the investor fixed daily income for the entire deposit time;
5.11. Transfer of funds – payment of the funds to the Company’s system with changing them to USDT;
5.12. USDT – (i.e. Tether); according to a definition published in coinmarketcap.com, a stable coin (stable-value cryptocurrency) issued by a Hong Kong-based company called Tether;
5.13. User – a physical person or corporate body who uses the website in any way;
5.14. Website – the site functioning under domain https://defiscale.io/ including all its subdomains held and governed by DeFiScale.
Section II – Registration on the website
1. Registration on the website is possible by:
1.1. setting up a new account based on the existing e-mail address;
1.2. connecting the existing crypto-wallet with the website.
2. By the registration the user declares that he or she:
2.1. fulfills the conditions of registration stipulated in the T&C;
2.2. is entitled to possess the assets that he or she transfers to the Company’s system in any way;
2.3. is aware and accepts a risk connected to the investments based on blockchain assets and cryptocurrencies.
3. The user who registers on the website should be of age according to the jurisdiction applicable to this user.
4. The Company’s offer is not available to the Users who live or are based in any of the counties enumerated hereunder. By registration, the User declares that he or she does not fall under the laws of any of these countries.
- American Samoa
- Islamic Republic of Iran
- Democratic People’s Republic of Korea
- Northern Mariana Islands
- Puerto Rico
- Saint Barthelemy
- Saint Martin (French part)
- Sint Maarten (Dutch part)
- South Sudan
- United States Minor Outlying Islands
- Virgin Islands US
- Western Sahara.
6. The Company may for any reason and without notice refuse registration of the given user.
Section III – Personal data provision
1. During the process of registration and usage of the website, with the aim to assure proper accessibility to the Company’s offer, the Company may collect and process the user’s personal data, such as e-mail address and any other requested by the Company.
Section IV – The usage of the Website
1. Regardless of the professional care in maintaining the website, the Company is not capable of predicting every possible event which may cause interruptions in the website’s normal functioning. Therefore the website may be subjected to some unpredictable malfunctions, malicious software, or other intrusive factors. The Company is not liable in any manner for the User’s losses caused by possible intrusive factors preventing from which was beyond the scope of the Company’s capabilities.
2. With regard to point 1 Section IV above, the Company is not liable in any manner for the User’s possible losses caused by theft or hacker attack.
3. The Company does not guarantee that the Website is accessible in every country or under every jurisdiction.
4. The User agrees to use the website only for its intended purpose and shall not attempt to:
4.1. make commercial use of the Website or any of its content without the Company’s permission;
4.2. hack, make unauthorized alterations to, gain unauthorized access to, or introduce any kind of malicious code to the Website by any means;
4.3. reverse engineer or decompile (whether in whole or in part) any software available through the Website;
4.4. make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained in it, without the Company’s permission;
4.5. use the Website for any purpose that is unlawful;
4.6. use the Website to simulate communications from the company or another service or entity in order to collect identity information, authentication credentials, or other information (known as ‘phishing’);
4.7. use the Website in any manner that disrupts its operation.
4.8. disguise or interfere in any way with the IP address of the computer you are using to access the Website or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Website.
Section V – Investing
1. The Company’s offer is available only through the Website and exclusively to the registered users.
2. The user invests by locating his or her funds in USDT or DFC term deposits (investment).
3. In order to invest in a term deposit, the user shall transfer the chosen amount to the internal wallet on the user’s individual account first (transfer of funds). The transferred funds are automatically changed to USDT according to the current exchange rate. The list of accepted currencies is visible during the transaction. The Company has the right to charge the User an operation fee. The amount of an operation fee depends on the transferred amount and is no lower than 10 USDT.
4. Investment in term deposits is possible only after transferring the funds referred to in point 3 Section V of the T&C. The funds transferred but not invested in any term deposit bring the User certain income within the framework of Flex. Withdrawal of those funds is possible at any time in the working days. Withdrawal of the funds may take up to 24 hours after submitting a withdrawal request. The Company has the right to charge a User an operation fee for making a withdrawal. The operation fee depends on the amount requested to withdraw and is not lower than 10 USDT. Regardless of this provision, in particular cases, the Company has also the right to refuse the withdrawal request, if the requested amount is not possible to withdraw due to the necessity of charging the User an operation fee that exceeds the User’s funds.
5. The User can invest in an unlimited number of term deposits.
6. Investment in a term deposit can be made only for a fixed period of time. Before a deposit time expiration, withdrawal from the investment in a term deposit both by the Investor or the Company is not possible.
7. The funds collected in the Company’s system, both invested and not invested in term deposits, create the Company’s investment wallet – the Company invests those funds in the chosen business projects which are revealed and described on the Website, in ‘Our investment pool’ tab.
8. Creating an investment portfolio shall remain the Company’s discretionary decision.
Section VI – Profits and withdrawals
1. Each investment in a term deposit grants the Investor a guaranteed daily fixed income for the entire deposit time. Profits within the framework of Flex are being granted for an unlimited period of time, according to the rules stipulated in point 3 Section VI below.
2. Interest rate of each term deposit depends on the invested amount and the chosen deposit time. The table of interest rates published on the Website presents numbers on a scale of one year (annual profit return) and remains the only and official information about the interest rates attributed to each term deposit offered.
3. Interest rates regarding Flex are counted according to the table of interests mentioned in point 2 Section VI above and are granted for every full 24 hours of uninterrupted keeping the funds in the Company’s system, without making any investment in a term deposit. Therefore, in case of any withdrawals or investments made by the User, the interest rates within the framework of Flex are counted from the lowest amount kept in the Company’s system in the given 24 hours.
4. The profits from term deposits as well as within the framework of Flex are paid out only in DFC. The profits from USDT term deposits are counted and paid out according to the current exchange rate.
5. The profits start to be paid out after 24 hours since transferring the funds or since making an investment in a term deposit.
6. The profits granted can be withdrawn at any time on the working days and it may take up to 24 h since submitting a withdrawal request. The Company has the right to charge a User an operation fee for making a withdrawal. The operation fee depends on the amount requested to withdraw and is not lower than 10 USDT. Regardless of this provision, in particular cases, the Company has also the right to refuse the withdrawal request, if the requested amount is not possible to withdraw due to the necessity of charging the User an operation fee that exceeds the User’s funds.
7. The Company is not liable for the user’s profits taxation in any manner.
Section VII – Information about the risk
1. The Company invests the funds collected in the Investor’s deposits in the chosen projects, including live blockchain projects. The Company creates its investment portfolio according to its best knowledge, based on professional experience. Nevertheless, every investment carries some level of risk, which the company has no power to fully eliminate. By making an investment the Investor declares that he or she is aware of the risk and accepts it.
2. The company guarantees a fixed income for the entire deposit time, though all the profits are paid out only in DFC. The market value of DFC is changeable and it may decrease in case of failure of one of the projects in the company’s investment portfolio or in case of any other unpredictable factors which are out of the company’s scope of activity. The company does not guarantee any market value of DFC and does not respond to DFC value decrease in any way and under any circumstances.
3. By registration the user declares that he or she is aware of the risk connected to investments in the live blockchain projects and cryptocurrencies and accepts that risk. Thereby the User waives any possible claims to the Company concerning possible losses incurred due to the investment made or due to earning fewer profits than previously expected.
4. The Company does not offer any legal tender. The Company is not a bank, an investment adviser, or an investment fund. The Company does not issue bank guarantees or fiduciary guarantees.
5. Any information or materials published on the website are not professional investment advice or any guarantees in any way. The Company shall not be responsible for the decisions made by the User and based on the Company’s content. The same relates to the forecasts or statistics published on the Website.
Section VIII – Affiliation
1. The Company promotes and sells its product through affiliate marketing.
2. The Company’s offer for the Affiliates is available to every registered user.
3. The number of one Affiliate’s invitees is unlimited.
4. The Affiliate receives an instant one-off commission for each investment made by his or her invitee and a daily income of 20% of the profits earned by the invitee on each deposit.
5. The Affiliate’s commission is paid out instantly after making an investment by the invitee and is counted on the base of the amount invested by the invitee, according to the table of commissions published on the website.
6. The Affiliate’s profit share starts to be paid out after 24 hours since the investment was made and is paid out daily for the entire deposit time.
7. Both commission and profit share are paid out only in DFC, with respect to point 4 Section VI of T&C. The Affiliate can withdraw or reinvest his or her profits at any time.
8. Affiliation is not an agency contract nor franchise contract. Therefore the Affiliate is obliged to cover all the costs of this affiliate’s business activity at his or her own’s scope. Under the same conditions, the Affiliate is responsible for the taxation of his or her income as well as for any harm caused by the Affiliate’s own actions.
9. The Affiliate shall conduct his or her business activity concerning promoting and offering the Company’s offer with due diligence, in particular with proper care for the Company’s good name and repute. In particular, the affiliate shall not make any assurances, promises, or declarations to the third parties on the Company’s behalf which go beyond or are contrary to the Company’s publicly accessible offer.
10. Regardless of point 8 Section VIII above, the Affiliate is not entitled to conclude any contract or make any legal statements on the Company’s behalf.
11. The Company works globally in compliance with the applicable law. Therefore the Affiliate is obliged to ensure at his or her own’s scope if the Company’s offer is legal in the place of the Affiliate’s activity and if he or she is not in breach of any law. The Company is not liable for any of the illegal actions of the Affiliate in any manner and the Affiliate shall keep the Company harmless from any lawsuits if they are related in any way with the Affiliate actions or inaction or omission.
12. The Company is entitled to terminate the affiliation with the immediate effect, in case of any breach of the provisions of the present T&C by the Affiliate, in particular in case of any wrongdoing enumerated in Section IX of the T&C.
Section IX – Sanctions for breach of the T&C
1. Any violation of the provisions stipulated in the present T&C may result in a warning, suspension, or removal of the User’s account including seizure of the collected profits. The actions undertaken depend on the scale of violation and remain at the Company’s discretion.
2. The Company may suspend or delete the User’s account, including seizure of the collected profits, in particular in case of:
2.1. usage of the Website against its intended purpose, in particular in case of wrongdoing mentioned in Section IV point 3 of the T&C;
2.2. dissemination of fake information about the Company, the Company’s offer or its contractors and customers or any other kind of breaching the Company’s reputation;
2.3. usage of the content published on the website against the provisions stipulated in Section VIII point 12 of the T&C;
2.4. another kind of material breach of the present T&C.
Section X – Copyright provision
1. All rights to the Website, including software, functional layout, graphics, databases, and work presented, are the sole property of DeFiScale. The usage of the Website is allowed only according to the provisions stipulated in the present T&C.
2. All rights to marketing materials published on the website as well as the right to the name and logo of DeFiScale (further: ‘the Content’) is the sole property of the Company. The usage of the Content is allowed only according to the provisions stipulated in the following section of the T&C.
3. The Affiliates are free to use the Content for the purposes related to handling their own business activity concerning promoting the Company’s offer.
4. The usage mentioned in point 3 above is free of charge and includes the fields of use enumerated hereunder:
4.1. use, display, transmission, and storage regardless of format, system, or standard;
4.2. the production of copies of a work by way of using all techniques, including the printing, reprographic, magnetic storage, and digital technique;
4.3. marketing of the copies;
4.4. public performance, exhibition, presentation, communication, and distribution, including making available in such a way that members of the public may have access to it at a place and time of their choice;
4.5. distribution on the Internet and in closed networks.
5. The usage of the Content mentioned in points 3.3 – 3.5 of this Section is allowed only under the condition that the affiliate will not charge for making the content available to the third parties in any way.
6. The Affiliates are free to use the Content in order to create their own marketing materials on its base and in accordance with the Company’s branding. Creating marketing materials the Affiliate shall take reasonable care for their quality as well as for their informational and esthetical value. In particular, the Affiliate shall not:
6.1. disseminate fake or misleading information about the Company’s offer or the Company itself;
6.2. modify the name and logo of the Company in any way.
Section XI – Final provisions
1. In case of any dispute or claim arising in relation to the interpretation or implementation of the provisions of the T&C, the user agrees to resolve the case by voluntary means, in particular by bringing a case to an independent arbitration committee indicated by the Company.
2. Should one or more provisions of the T&C prove or become void and invalid in a whole or in part, this shall not affect the validity or effectiveness of the remaining provisions unless without these provisions the present T&C would be considered void and invalid in a whole.
3. By acceptance of the T&C the user agrees to communication as well as receiving end sending any documents exclusively on an electronic form.
4. The law applicable to govern and interpret the T&C is the law of Seychelles. In matters not regulated herein, the generally applicable law shall apply.
5. In case of any claims or demands arising in relation to the present T&C the user shall contact DeFiScale on e-mail:
6. The T&C become operative on the 20th of January 2021.