Scaido.io Terms of Service

Effective Date: August 29, 2022

Important: By using, downloading or installing any element of the Product (as defined in Section 1 below), you indicate that you have read, understood, and agree to be bound by these Scaido.io Terms of Service (“Terms”). These Terms govern your use of the Product and form a legal contract (“Agreement”) between Luna Park, LLC, including its corporate affiliates in your local jurisdiction as applicable (“Scaido.io”, “we” or “us”), and you (“Customer” or “you”). 

By electronically accepting these Terms or by establishing an Scaido.io account or using the Product after the Effective Date of these Terms, you consent and agree to comply with these Terms. This Agreement includes and you are consenting to:

  1. Scaido.io Privacy Notice

  2. Scaido.io Billing Policy

  3. Scaido.io Electronic Disclosure and Consent Policy

  4. Payment network rules, as applicable

When you agree to these Terms and accept this Agreement, you do so on behalf of yourself and any person that you entitle or authorize to use your Scaido.io account (with you, each a “User” of your Scaido.io account).

If you are an individual using, downloading or installing any element of the Product on behalf of a another, whether a natural person (“Individual”) or legal non-natural person or entity (an “Organization”), then you are binding the Individual or Organization to these Terms and represent and warrant that you have full power and authority to do so. 

Scaido.io may modify these Terms from time to time as described in Section 18 (Modifications to Terms) below.

1. Introduction.

Thank you for using the Scaido.io Product. The “Product” means (i) our suite of services and features, (ii) our related mobile applications and software (“Software”), (iii) any Updates (defined below) and (iv) Scaido.io’s standard user documentation.

2. Your Account.

You must be at least 18 years of age to use the Product. Use of the Product may require you to create an account and register your email address and a password (“Login Credentials”). To register an Scaido.io account and/or enroll as a User, you will be required to provide us with information about yourself, including but not limited to your name, address, email address and other contact or identifying information, and about your Organization, as appropriate.  You agree that the information you provide to us will be accurate and you will keep it up-to-date at all times. 

3. Electronic Communications.

You consent to receive notifications from Scaido.io electronically and agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to it in an unchanged form. You agree to keep your contact information current.

4. Security of User Login Credentials.

Users are solely responsible for maintaining the confidentiality of Login Credentials.  To the extent allowed by law, you are solely responsible for any and all actions taken using your account, including all instructions, including but not limited to any payment instructions, electronic transfer instructions, or deposit instructions provided to Scaido.io, our service providers, or Payment Providers, whether authorized or not. Each User agrees to keep User Login Credentials confidential and secure, and Users will not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if Users allow a person to gain access to Login Credentials, with or without permission, the User is authorizing that person to use the Product, and you will be responsible for all transactions, instructions, and actions that result from such access, even if they are unauthorized.

You acknowledge and agree that our security procedures are a commercially reasonable method of verifying your identity and instructions, providing security against unauthorized transactions, unauthorized actions, and fraud, and protecting your Scaido.io account.

5. Purpose of Use of the Product.

The Product is designed to be used for business purposes. You represent and warrant that you are not using the Product for primarily personal, family, or household purposes.

6. Third-Party Service Providers.

You grant Scaido.io and we reserve the right to use third parties to provide or facilitate the Product as described in Section 12e. of this Agreement.

7. The Product.

  1. Use of the Product. Subject to these Terms, including Section 8 (Usage Plans, Fees and Beta Releases) below, you may access and use the Product during the applicable Subscription Term for your internal business purposes and for the benefit of your customers, business partners or other applicable individuals (“End Customers”), in accordance with our standard user documentation. This includes the right to download and use the Software on compatible devices that you own or control, to use the Product to send to End Customers bona fide invoices, estimates and quotes (“Invoices”), to create and display a website for your business, and to manage data regarding your End Customers, all as permitted under this Agreement and your Usage Plan. You may permit your employees and agents to use the Product on your behalf, but you agree that you remain responsible for these Users’ acts, omissions, and compliance with these Terms.

  2. Restrictions. Your rights to use the Product are non-exclusive, non-transferable and non-sublicensable. You will not (or permit anyone else to): (i) rent, lease, reproduce, modify, create derivative works of, distribute or transfer the Product; (ii) use the Product for the benefit of any third party or incorporate the Product into any other product or service; (iii) circumvent mechanisms in the Product intended to limit your use; (iv) reverse engineer, disassemble, decompile, or translate the Product or attempt to derive the source code of the Software or any non-public APIs; (v) publicly disseminate information regarding the performance of the Product; (vi) access the Product to build a competitive product or service; (vii) submit any viruses, worms or other harmful code to the Product or otherwise interfere with or cause harm to the Product; (viii) seek to access information or data of other Scaido.io customers; (ix) use the Product to transmit spam or other unsolicited email; or (x) use the Product except as expressly permitted herein.

  3. Reviews. The reviews feature of the Product allows End Customers and other third parties to leave reviews and ratings of the Customer.  While Scaido.io may allow such third parties the opportunity to revise their reviews and ratings, Scaido.io itself has no obligation to remove or revise a review or rating or to allow the Customer to do so. 

8. Usage Plans, Fees and Beta Releases.

  1. Usage Plans. Scaido.io offers various usage plans for the Product, as described at https://scaido.io/pricing. Your permitted scope of use – such as features available and number users – depends on the usage plan you select. Your specific plan will be identified in the Order Terms (as defined below).

  2. Order Terms. The set term of your subscription to the Product (“Subscription Term”), usage plan and other order details will be identified in the terms presented when you register, order or pay for the Product (“Order Terms”) and as further described in our Billing Policy. These Terms incorporate the Order Terms and any URLs and Scaido.io policies they reference, including the Billing Policies. Depending on how you use the Product, the Order Terms may be presented by Scaido.io (e.g., through our website), by a third-party application store or marketplace (“App Marketplace”), or through the Product itself.

  3. Subscription Term. The Product is provided on a subscription basis for a set term designated in the Order Terms (“Subscription Term”). Unless renewed, the Product will revert to limited (or no) functionality upon expiration of a Subscription Term.

  4. Renewals and Other Important Terms. Renewals, subscription upgrades and other important billing terms are governed by our Billing Policy.  Please review these terms carefully, including sections related to auto-renewal of your Subscription Term.

  5. Fees. You must pay all fees and taxes to Scaido.io or the authorized third party (e.g., App Marketplace) through which you made your purchase, as specified in the Order Terms and further detailed in our Billing Policy. All fees are non-refundable except as expressly specified in Section 13b. (Termination or Suspension by Scaido.io), Section 18 (Modifications to Terms), the Order Terms or our Billing Policy.

  6. Free Trials. If specified in the Order Terms, Scaido.io may offer you free access to the Product during a limited Subscription Term (“Free Trial”). Important: Depending on the Order Terms, at the end of your Free Trial, you will be asked to subscribe to one of the plans for the Product. Your usage plan and the fees for the Subscription Term may be specified in the Order Terms when you begin the Free Trial or may be presented when the Free Trial ends. See the Billing Policy and Order Terms for further details.

  7. Beta Releases. As part of Scaido.io’s effort to expand the functionality of the Product, certain features of the Product may be made available to customers on a “beta” basis (“Beta Releases”). If Customer chooses to use a Beta Release, Customer acknowledges that the Beta Release may not be complete or fully functional and may contain bugs, errors, omissions and other problems. Scaido.io does not guarantee that future versions of a Beta Release will be made available under these Terms or otherwise.

9. Support and Updates.

Scaido.io uses reasonable efforts to provide email, live chat and online self-help. All support is governed by Scaido.io then-current support policies.   Scaido.io reserves the right, from time to time to update the Product (“Updates”) and/or make new applications, tools, features, or functionalities available through the Product, the use of which may be contingent upon your agreement to the additional terms and and/or service fees.  All Updates are governed by these Terms unless we specify otherwise. In certain cases, we may require you to download Updates to continue to use the Product. Updates and other Product changes are made in our sole discretion; we have no liability to you for any such changes and do not guarantee that any changes will meet your needs.  Scaido.io reserves the right to discontinue the Service, or certain applications, tools, features or functionalities of the Service, for any reason at any time, in Scaido.io’s sole discretion, without Scaido.io incurring any liability to you.

10. Customer Data.

  1. Scaido.io’s Access to Customer Data. If you, any User, or End Customer submits, uploads, stores, shares, or otherwise processes your documents, information, data (“Customer Data”), you consent to Scaido.io’s access and processing of your Customer Data in accordance with our Privacy Notice, this Agreement, the settings in your Scaido.io account, or the features of the Product you elect to use.  Scaido.io reserves the right to remove or delete your Customer Data from the Product for any reason, including if your Customer Data violates this Agreement or applicable law, in Scaido.io’s reasonable discretion, without incurring any liability to you.  Except as otherwise provided in this Agreement, we do not claim ownership of your Customer Data.

  2. Your Rights. As between Scaido.io and Customer, Customer retains all of its rights to any Customer Data that Customer submits to the Product (including through Third-Party Services) or that End Customers provide to Customer through the Product.   

  3. Use of Customer Data. Customer grants Scaido.io a worldwide, non-exclusive, royalty-free right to use, copy, store, transmit, distribute, publicly perform and display, create derivative works of and modify any Customer Data in order to provide the Product to Customer and otherwise to operate, improve and maintain the Product. This includes Scaido.io’s distribution of Invoices containing Customer Data to the End Customers designated by Customer through the Product. Scaido.io may use, disclose and retain Customer Data collected for you from End Customers only to provide the Product to Customer, comply with legal requirements, and exercise its rights under this Agreement and applicable law.  Scaido.io may use the services of subcontractors to provide the Product and permit them to exercise our rights to Customer Data.

  4. Storage of Customer Data. Scaido.io does not provide an archiving service. Scaido.io agrees only that it will not intentionally delete Customer Data prior to termination or expiration of your Subscription Term. We expressly disclaim all other storage obligations to the extent permitted by applicable law. You are solely responsible for maintaining backups of Customer Data on your own systems.

  5. Aggregate/Anonymous Data. In addition to its other rights above, Scaido.io may aggregate Customer Data with other data so that the results are non-personally identifiable to Customer and may collect or create anonymous or deidentified technical and other data about Customer’s use of the Product (“Aggregated/Anonymous Data”). Scaido.io owns all Aggregate/Anonymous Data and may use and disclose Aggregate/Anonymous Data for its marketing, reporting and other lawful business purposes.

  6. Compelled Disclosures. Scaido.io may share Customer Data when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary and appropriate to: (i) satisfy any applicable law, subpoena, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; or (iii) protect against imminent harm to the Product or the rights, property or safety of Scaido.io, its users or the public as required or permitted by applicable law.

  7. Other Data Collection and Handling. You agree to Scaido.io’s use, disclosure, and other handling of your account information (as described in Section 2), personal information in Customer Data and certain other information about your use of the Product in accordance with our Privacy Notice.

11. Your Responsibilities.  

  1. Generally. Customer represents, warrants and agrees that: (i) Customer’s use of the Product will comply with all applicable local, state, federal and international laws and regulations, including those relating to privacy, data security, export control and electronic commutations (“Laws”); (ii) Customer has obtained all necessary rights, releases and permissions to provide and allow the processing, use and disclosure of Customer Data by Scaido.io under these Terms; (iii) neither the Customer Data nor its processing, use, or disclosure will violate any Laws, third-party rights (including intellectual property rights, rights of privacy or rights of publicity) or any applicable Customer privacy policy; and (iv) Customer will not use the Product in support of, or to further, any activities prohibited by any Laws (e.g., money laundering) or, even if not prohibited by law, for gambling, prostitution, alcohol, drug, pharmaceutical or healthcare businesses or services.

  2. Without limiting the foregoing, with respect to Product features that allow Customer to send electronic communications (“Third-Party Communications”), Customer represents, warrants and agrees that: (i) it will obtain the prior opt-in consent from each recipient of such communications where legally required, (ii) it will include an unsubscribe mechanism and will promptly honor such opt-out requests where legally required, and (iii) it will not use the Product for spam or any other abusive or annoying communication. You acknowledge that you are solely responsible for the content of such Third-Party Communications and agree to indemnify, defend, and hold us harmless from and against all claims, losses, expenses, damages, and costs (including attorney’s fees and costs) arising out of such Third-Party Communications.

  3. Prohibited Uses. Except in the specific fields designated by Scaido.io, Customer agrees not to submit to the Product any tax identification numbers, bank account numbers or credit or debit card numbers. In addition, Customer agrees not to include in any Invoices  or otherwise submit to the Product any of the following: (i) patient, medical or other protected health information (“ePHI”) regulated by any applicable laws, rules or regulations, including the Health Insurance Portability and Accountability Act (as amended and supplemented) (“HIPAA”) (including without limitation any health insurance information); (ii) other special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation, including personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, or data concerning an individual’s sex life or sexual orientation (iii) social security numbers or similar; (iii) driver’s license numbers or governmental identification card numbers; (iv) other information subject to regulation or protection under specific laws such as the Children’s Online Privacy Protection Act; or (v) any data similar to the above protected under foreign or domestic laws (collectively, “Prohibited Data”). Customer further agrees not to use the Product for activities where use or failure of the Product could lead to death, personal injury or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles or air traffic control (“High Risk Activities”). Customer acknowledges that the Product is not intended to meet any legal obligations for Prohibited Data or High Risk Activities, including HIPAA requirements, and that Scaido.io is not a Business Associate as defined under HIPAA. Notwithstanding anything else in these Terms, Customer acknowledges that Scaido.io has no liability for Prohibited Data or use of the Product for High Risk Activities. Scaido.io does not allow its services to be used to promote hate, violence, or other forms of intolerance that are discriminatory.  As applicable, you represent and warrant that you and/or your Organization are not a prohibited business under our Service Provider Adyen’s list of prohibited businesses.

  4. Responsibility for Customer Data. Scaido.io takes no responsibility and assumes no liability for any Customer Data, and Customer is solely responsible for Customer Data and the consequences of its use.

  5. Customer Indemnity. Customer will indemnify, defend (at Scaido.io’s request) and hold harmless Scaido.io and its affiliates and their respective employees, agents, officers, directors and other customers (collectively, the “Scaido.io Parties”) from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or in connection with (i) any Customer Data, (ii) Customer’s negligence, misconduct or breach or alleged breach of these Terms, or (iii) any Customer business, service, product or offering used in connection with the Product and (iv) Customer’s relationships or disputes with any third parties in connection with such business, service, product or offering, including End Customers, Payment Partners, or Capital or Lending Partners.  Customer may not settle or compromise any matter subject to this paragraph without the prior written consent of Scaido.io, which it may withhold in its sole discretion.  Scaido.io, along with any affected Scaido.io Party, may appoint their own counsel and participate in and control the defense, compromise and settlement of any such matter, even where Scaido.io has invoked its right to defense under this paragraph.

  6. Third-Party Services. You may choose to use the Product and share Customer Data with Third-Party Services that are made available to you by Scaido.io in connection with your use of the Product or for which Scaido.io otherwise facilitates your use with the Product. Third-Party Services are not considered part of the Product. “Third-Party Service” means any platform, add-on, service or product that you elect to use, integrate or enable for use with or through the Product, including but not limited to accounting software, Payment Partners and Capital or Lending Partners (as defined below). Use of Third-Party Services is subject to your agreement with the relevant provider and not these Terms, except that these Terms require you to comply with your agreement with the relevant provider. Scaido.io does not control and has no liability for Third-Party Services, including their security, functionality, operation, availability or interoperability or how the Third-Party Services or their providers use Customer Data. If you choose to enable a Third-Party Service with the Product, Scaido.io may access and exchange Customer Data with the Third-Party Service.

12. Ownership.

Scaido.io and its licensors retain all rights, title, and interest (including all intellectual property rights) in and to the Product and any and all related and underlying technology and documentation. Customer is obtaining only a limited usage right to the Product, regardless of use of words like “purchase”, “sale” or similar terms. If Customer submits any comments, suggestions or other feedback regarding the Product, Scaido.io may freely exploit it (including as part of the Product) without restriction on account of intellectual property rights or otherwise.

13. Termination and Suspension.

 These Terms will continue until terminated.

  1. Termination by Customer. You may terminate these Terms at any time by ceasing all use of the Product and deleting any Software and then emailing a clear notice of termination to support@scaido.io, which must be sent from the email address you previously have provided to us, if any.

  2. Termination or Suspension by Scaido.io. Scaido.io may terminate or suspend these Terms if Customer fails to cure any material breach within fifteen (15) days after written notice, except that Scaido.io may terminate or suspend these Terms immediately, in our sole discretion, as a result of Customer’s breach of the express obligations under Sections 7b. (Restrictions), 12 (Your Responsibilities) or to prevent harm to the Product or other customers. In addition, for Free Trials and Beta Releases, Scaido.io may terminate or suspend these Terms at any time for any or no reason. Further, if Scaido.io ceases to offer the Product, or if Scaido.io’s right or ability to offer the Product is restricted, suspended or terminated (whether pursuant to Laws or by App Marketplaces or other third parties), Scaido.io may immediately terminate or suspend these Terms and you will receive a prorated refund of any fees paid for the unused portion of your Subscription Term.

  3. Effect of Termination. Upon termination of these Terms, your right to the Product will automatically terminate and you must cease using the Product and delete any Software. Following termination, you will have no further access to any Customer Data in the Product and Scaido.io may delete all Customer Data in its possession along with any Instant Website or other material at any time unless prohibited by applicable law. You will delete all Confidential Information (or return it to Scaido.io) upon any termination of these Terms or request by Scaido.io. The following will survive termination: Section 7b (Restrictions), Sections 10f (Aggregate/Anonymous Data) through 10h (Other Data Collection and Handling), Section 11 (Your Responsibilities), and Sections 12 (Ownership) through 19 (Apple-Related Terms).  The effect of termination of these Terms on your relationship with Third-Party Services is a matter to be resolved between you and the Third-Party Services, but in any case, you will no longer have access to the Product.

14. Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED “AS IS” AND THE Scaido.io PARTIES AND THEIR LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. 

THE PRODUCT IS NOT INTENDED TO PROVIDE PROFESSIONAL ACCOUNTING, TAX OR OTHER ADVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THE  Scaido.io PARTIES EXPRESSLY DISCLAIM ANY WARRANTY THAT USE OF THE PRODUCT WILL ENSURE YOUR COMPLIANCE WITH ANY ACCOUNTING STANDARDS OR LEGAL OR REGULATORY OBLIGATIONS OR THAT THE RESULTS OF THE PRODUCT WILL BE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES, (B) THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR FREE, THAT ACCESS WILL BE CONTINUOUS OR UNINTERRUPTED, THAT ANY INFORMATION PROVIDED OR USED WITH THE PRODUCT WILL BE SECURE, ACCURATE, COMPLETE OR TIMELY, OR THAT ANY CUSTOMER DATA WILL BE PRESERVED OR MAINTAINED WITHOUT LOSS, AND (C) THE  Scaido.io PARTIES SHALL NOT BE LIABLE FOR ANY PRODUCT FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF Scaido.io. YOU MAY HAVE OTHER STATUTORY RIGHTS; HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Limitation of Liabilities.

  1. Consequential Damages Waiver and Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE Scaido.io PARTIES OR THEIR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY (I) FOR ANY LOST PROFITS, LOSS OF USE, LOST DATA, INTERRUPTION OF BUSINESS, FAILURE OF SECURITY MECHANISMS OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR (II) IN ANY EVENT, FOR AMOUNTS EXCEEDING THE GREATER OF (A) THE AMOUNT PAID OR PAYABLE BY CUSTOMER TO Scaido.io IN THE PRIOR SIX (6) MONTH PERIOD OR (B) ONE HUNDRED DOLLARS (US$100). 

  2. Nature of Limitations. Customer acknowledges that the foregoing limitations are an essential element of these Terms and a reasonable allocation of risk between the parties, and that in the absence of such limitations the pricing and other provisions in these Terms would be substantially different. The waivers and limitations in this Section 15 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.

16. Operated from the European Union.

The Product is controlled and operated from facilities in the European Union and other locations and may involve transmission of data or utilization of third-party services globally. Scaido.io makes no representations that the Product is appropriate or available for use outside the European Union. Those who access or use the Product from other jurisdictions do so at their own volition and all users are entirely responsible for compliance with all Laws. 

17. Confidential Information.

In connection with access to the Product, Customer may receive access to confidential or proprietary information of Scaido.io (“Confidential Information”). Confidential Information includes the Software, all non-public elements of the Product and any performance information regarding the Product. Confidential Information excludes information that Customer already lawfully knew or that becomes public through no fault of Customer. Customer will (a) use a reasonable degree of care to protect all Confidential Information, (b) not use Confidential Information except in support of its authorized use of the Product and (c) not disclose Confidential Information except to employees and agents with a legitimate need to know and who have agreed in writing to keep it confidential. Customer may also disclose Confidential Information to the extent required by law after reasonable notice to Scaido.io and cooperation to obtain confidential treatment. Unauthorized disclosure of Confidential Information may cause harm not compensable by damages, and Scaido.io may seek injunctive or equitable relief in a court of competent jurisdiction, without posting a bond, to protect its Confidential Information.

18. Modifications to Terms.

Scaido.io may modify these Terms (including Product pricing and plans) from time to time, with notice given to you by email or through the Product. If you have a Free Trial or are using Beta Releases, then any modifications will become effective immediately, and if you disagree with the modifications, your exclusive remedy is to terminate these Terms. You must notify Scaido.io within fifteen (15) days of notice of the modifications that you do not agree to such changes, and Scaido.io (at its option and as your exclusive remedy) may either: (i) permit you to continue under the prior version of these Terms until your next subscription expiration or renewal date (after which the modified Terms will apply) or (ii) allow you to terminate these Terms and receive a prorated refund of any fees paid to Scaido.io for the unused portion of Scaido.io fees for your Subscription Term, not including any fees for Third-Party Services, for which the effect of termination is between you and such Third Party Services. Upon any changes to these Terms, you may be required to click to agree to the modified Terms in order to continue using the Product, and in any event your failure to terminate the Terms pursuant to Section 13a. before the modifications take effect constitutes your acceptance of the modifications. As an exception to these rules regarding changes to these Terms, (x) if we make changes to the Billing Policy, the version of the Billing Policy in effect at the time of your most recent purchase (or renewal) shall apply to that usage plan, and (y) any changes to our Privacy Notice will automatically become effective upon posting as described in the Privacy Notice.

19. General.

  1. Contract Mechanics and Interpretation. These Terms constitute the entire agreement between you and Scaido.io and any of its affiliates related to the Product and supersede any prior or contemporaneous agreements relating to the Product. If any provision of these Terms is held unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force. No provision of these Terms will be deemed waived unless the waiver is in writing and signed by Scaido.io. Except as set forth in Section 18 (Modifications to Terms), all amendments to these Terms must be in writing and signed by both parties. In these Terms headings are for convenience only and “including” and similar terms will be construed without limitation.

  2. Scaido.io Contact Information. If you have any questions, complaints or claims regarding the Product, please contact:
    "Luna Park", LLC
    Dzirnavu iela 110A - 6, Rīga, LV-1050, Latvia
    Email: hello@scaido.io

  3. Notices to You. We may send notices to your email on file or through the Product. All notices are effective upon delivery.

  4. Publicity. Scaido.io may use Customer’s name, logo and marks on Scaido.io’s customer lists and marketing materials.

  5. Anti-Money Laundering and Know Your Customer Requirements: Where applicable,  to help the U.S. government fight the funding of terrorism and money laundering activities, federal and state law requires financial institutions, including money services businesses, to obtain, verify, and record information that identifies every customer.

    1. What this means for You. In certain cases, when you use the Product, we will ask you for your name, address, date of birth, government identification number, and other information that will allow us to identify you.  We may also ask to see other identifying documents, including but not limited to, your driver’s license and business-related documents.  We will let you know if additional information is required.

    2. Verification Required. We reserve the right to refuse to allow any User, End Customer, or any other third-party to use or participate in the Product if we are unable to obtain or verify information relating to identity or financial condition, such as identifying information for an Organization’s representatives or beneficial owners. Notwithstanding any steps that we take to verify the information provided to us, you represent and warrant that all information You provide is complete, truthful, accurate, and up-to-date.

    3. Review of Accounts and Payments. You grant to us and we reserve the right to review or place on hold any account or any payment, transfer, or deposit requested or initiated, through the Product for any reason, including but not limited to credit and fraud risk or compliance with applicable laws (such as anti-money, laundering regulations, combating terrorist financing laws, and OFAC sanctions), conflicting ownership claims and legal orders. This right does not apply to the Banking Services, although any agreement with the Bank Partner may grant similar rights to the Bank Partner and its service providers. In our sole discretion, we may place a hold on a payment, transfer, or deposit for as long as reasonably necessary to conduct an appropriate inquiry regarding the payment, an account, a User, an Organization or Individual, a Customer, or other third party, or any related facts or circumstances. Depending on the results of this review, we reserve the right to take any appropriate action, including canceling the payment, reversing the payment, or continuing to hold the payment pending instructions from a government agency. 

  6. Reports. You acknowledge that we may make appropriate reports regarding payments made through the Product, including but not limited to financial institutions, regulators, tax agencies and law enforcement authorities, and we will cooperate with the appropriate authorities in any resulting investigation or prosecution, all as required or permitted by law.

  7. Open Source Software. The Product may contain or be provided with components licensed under “open source” software licenses (“OSS”). We list the OSS here and may update the list from time to time as our usage of OSS changes. To the extent required by the applicable OSS license, the terms of such licenses will apply in lieu of the terms of these Terms with respect to such OSS.

  8. Government Users. The Product includes commercial computer software and commercial computer software documentation. If the user or licensee of the Product is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Product or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by these Terms in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Product was developed fully at private expense. All other use is prohibited.

  9. Force Majeure. Scaido.io and its affiliates and their respective employees, agents, officers, and directors will not be liable to Customer in any way whatsoever for any failure or delay in performance of any of its obligations under these terms arising out of any event or circumstance beyond the reasonable control of Scaido.io, including a strike, blockade, pandemic, war, act of terrorism, riot, Internet or utility failures, refusal of government license or natural disaster.