Terms of Service

Terms of Service

Last Updated on October 29, 2024

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.ONEXSCALE.COM OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 11, 17, 18, AND 19). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

The use of www.onexscale.com or other sites to which these Terms are linked (each, a “Website”), owned and maintained by VICEfutures LLC d/b/a OneXscale (“OneXscale,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub-users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND VICEFUTURES LLC D/B/A ONEXSCALE. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY ONEXSCALE, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE, AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

SECTION 1 – WEBSITE USE

The Website is intended for businesses operated by adults. By using the Website, you affirm that you are at least 18 years old, operate a business, have the legal capacity to enter into a binding contract with us, and have read and agree to these Terms.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS

VICEfutures LLC d/b/a OneXscale grants you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, and non-transferable license to use the Website, subject to your compliance with these Terms. All content on the Website is protected by U.S. and international intellectual property laws and remains the exclusive property of VICEfutures LLC.

SECTION 3 – PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM

We value your privacy and protect your personal information. Submission of personal data through the Website is governed by our Privacy Statement and, as applicable, our Data Processing Addendum (DPA).

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS

As a OneXscale user, you must create an account and provide accurate information. You are responsible for maintaining the confidentiality of your password and any proprietary or non-public information we share with you.

SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE

Payment must be received before your order is accepted. We reserve the right to limit orders, modify them, or cancel at our discretion. Contact us immediately if you need to modify or cancel an order.

SECTION 6 – REFUNDS FOR HARD GOODS

If you purchase a tangible product from OneXscale, you may request a refund within 30 days if the product is returned in like-new condition, subject to our discretion.

SECTION 7 – TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION

Free trials are available to new subscribers only. If you do not cancel within the trial period, your subscription will continue automatically at the regular rate. To cancel, submit a request via our support email or through your Account Dashboard.

SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT

Subscription payments are recurring and will be charged to your designated payment method. To cancel, provide notice at least 10 days before the next billing cycle.

SECTION 9 – SHIPPING FEES

Shipping fees may apply to physical products. Shipping dates are estimates and may vary.

SECTION 10 – PRODUCTS, SERVICES, AND PRICES

VICEfutures LLC reserves the right to modify product offerings, prices, and services. Price changes take effect following email notice.

SECTION 11 – DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS MAY VARY

VICEfutures LLC does not guarantee business success, income, or sales. Success depends on multiple factors specific to your business.

SECTION 12 – YOUR RESPONSIBILITIES

You agree to use VICEfutures’ products and services legally and are solely responsible for compliance with any applicable laws, including tax laws.

SECTION 13 – OPTIONAL ORDER “ROUND UPS” FOR CHARITABLE DONATIONS

OneXscale may offer optional "round-up" donations at checkout. These donations are non-refundable and may be subject to tax.

SECTION 14 – COMMISSION PROGRAM AND AFFILIATE PROGRAM

OneXscale may offer opportunities for affiliates. Affiliates are independent contractors and not employees of VICEfutures LLC.

SECTION 15 – VOLUNTARILY SUBMITTED INFORMATION

Testimonials and reviews you provide may be used by OneXscale for promotional purposes.

SECTION 16 – COMPLIANCE WITH LAWS

You must comply with all relevant laws when using VICEfutures LLC’s services, including marketing, privacy, and data protection laws.

SECTION 17 – DISCLAIMERS OF WARRANTIES

The Website and all content are provided "as is." VICEfutures LLC makes no representations or warranties regarding the reliability or accuracy of the Website.

SECTION 18 – LIMITATIONS OF LIABILITIES

VICEfutures LLC is not liable for any indirect or consequential damages. In no event shall VICEfutures’ liability exceed the amount you paid in the previous month or $2,000, whichever is greater.

SECTION 19 – DISPUTE RESOLUTION BY ARBITRATION AND CLASS ACTION WAIVER

All disputes must be resolved by binding, confidential arbitration in [Designated Jurisdiction]. You waive your right to a court trial and class actions.

SECTION 20 – ONEXSCALE’S ADDITIONAL REMEDIES

VICEfutures LLC may seek injunctions or equitable relief to prevent breaches or infringement of intellectual property rights.

SECTION 21 – INDEMNIFICATION

You agree to indemnify VICEfutures LLC for any claims arising from your use of the Website or any breach of these Terms.

SECTION 22 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT

If you believe content on the Website infringes your copyright, contact us at [email protected]

SECTION 23 – THIRD-PARTY LINKS

OneXscale is not responsible for third-party websites linked to from our Website.

SECTION 24 – TERMINATION

We may terminate this Agreement and your access to the Website for any breach of these Terms.

SECTION 25 – NO WAIVER

Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

SECTION 26 – GOVERNING LAW AND VENUE

This Agreement is governed by the laws of [Designated Jurisdiction]. Disputes will be resolved exclusively in the courts of [Designated Location].

SECTION 27 – FORCE MAJEURE

VICEfutures LLC is not liable for delays or failures caused by forces beyond our control.

SECTION 28 – ASSIGNMENT

VICEfutures LLC may assign its rights under this Agreement without notice to you.

SECTION 29 – ELECTRONIC SIGNATURE

By using the Website, you agree to electronic communication and consent to electronic signatures.

SECTION 30 – CHANGES TO THE AGREEMENT

We may update these Terms at any time. Continued use of the Website indicates acceptance of updated Terms.

SECTION 31 – ADDITIONAL REPRESENTATIONS AND WARRANTIES

You represent that you are at least 18 years old, have the legal capacity to enter into this Agreement, and have no pending government investigations.

SECTION 32 – SEVERABILITY

If any provision of this Agreement is unenforceable, the remaining provisions will remain in effect.

SECTION 33 – ENTIRE AGREEMENT

These Terms and any policies posted by OneXscale constitute the entire agreement between you and VICEfutures LLC d/b/a OneXscale.

SECTION 34 – CONTACTING US

For questions about these Terms, contact OneXscale at [email protected]