Legal

Terms of Service

Last updated: October 15, 2025

These Terms of Service (the "Terms") govern your access to and use of the websites, applications, and other products or services provided by Overscale, Inc. (collectively, the "Services"). By accessing or using the Services you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility and Accounts

You must be at least the age of majority in your jurisdiction and capable of entering into a binding agreement to use the services offered by Overscale, Inc.. You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately if you believe your account has been compromised so that we can help secure your access.

2. Description of the Services

Overscale, Inc. provides technology, tools, and advisory support to help founders and their families understand, organize, and act on their wealth. Unless expressly stated in writing, Overscale, Inc. is not a bank, broker-dealer, or custodian and does not execute trades or hold client assets directly.

Certain features, such as account aggregation, cash management, or document execution, may be powered by third parties. Those features may have additional eligibility requirements, service limitations, or disclosures that apply in addition to these Terms.

3. Third-Party Services and Custodians

Our platform integrates with third-party custodians and service providers, including Interactive Brokers LLC and other regulated institutions (collectively, the "Custodians"). Your relationship with any Custodian is governed by that institution's agreements, disclosures, and fee schedules. You must accept those terms before accessing custodied accounts through Overscale.

Overscale, Inc. does not take possession of client funds or securities. Custodians remain responsible for account statements, trade execution, clearing, settlement, and safeguarding assets. We are not liable for a Custodian's acts, omissions, outages, or security controls.

4. No Investment, Legal, or Tax Advice

Content available through the services is for informational and administrative purposes only. Unless we have a written advisory agreement in place, nothing we provide should be viewed as personalized investment, legal, tax, or accounting advice.

You should consult your own professional advisors before making financial decisions. Any investment or planning decisions you make based on our materials are solely your responsibility.

5. Fees and Taxes

We may charge fees for advisory engagements, access to premium tools, or other services. Applicable fees will be disclosed in the relevant agreement or enrollment flow before you are charged. By continuing to use fee-based services, you authorize Overscale, Inc. or the appropriate Custodian to deduct or invoice those amounts.

You are responsible for any taxes, government assessments, or third-party charges that arise from your use of the services, except for taxes based on Overscale, Inc.'s net income.

6. Acceptable Use

You agree not to misuse or interfere with the operation of the services. Prohibited conduct includes, but is not limited to:

  • Interfering with or disrupting the services or the systems that support them.
  • Reverse engineering, decompiling, or attempting to discover the source code, except where permitted by law.
  • Accessing the services using automated means other than our published interfaces.
  • Uploading content that is unlawful, harmful, or infringes another party's intellectual property or privacy rights.

We reserve the right to investigate violations and enforce these Terms, including by suspending access or cooperating with legal authorities.

7. Intellectual Property

All content, features, and functionality within the services, including text, graphics, logos, and software, are owned by Overscale, Inc. or our licensors and are protected by intellectual property laws. These Terms grant you a limited, non-transferable right to access and use the services for your personal or internal business purposes.

You may not copy, modify, distribute, sell, lease, or create derivative works based on our services unless we provide express written permission.

8. Feedback and Testimonials

If you share feedback, testimonials, or suggestions with us, you grantOverscale, Inc. a perpetual, irrevocable, royalty-free license to use that input for any lawful purpose, including improving or marketing the services, without obligation to you.

We may request your permission before publishing any testimonial that includes your name or likeness.

9. Privacy and Data Protection

We collect, use, and safeguard personal information as described in our Privacy Policy. By using the services, you consent to those practices and to receiving notices electronically.

You are responsible for maintaining adequate security on the devices you use to access Overscale and for alerting us promptly if you suspect unauthorized activity.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Overscale, Inc. DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the services will be uninterrupted, error-free, secure, or free of harmful components, or that any particular results will be achieved through their use.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Overscale, Inc. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR THIRD-PARTY SERVICES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Overscale, Inc.FOR ANY CLAIMS UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID TO Overscale, Inc. FOR THE SERVICES DURING THE THREE MONTHS PRECEDING THE CLAIM OR 100 USD.

12. Indemnification

You agree to indemnify, defend, and hold harmless Overscale, Inc. and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way related to your access to or use of the services or your violation of these Terms.

13. Suspension and Termination

We may suspend or terminate your access to the services at any time if we believe you have violated these Terms, to comply with legal obligations, or to protect the integrity of the platform. You may stop using the services at any time.

Sections that by their nature should survive termination will continue in effect, including ownership provisions, warranty disclaimers, limitations of liability, and indemnification.

14. Governing Law and Dispute Resolution

These Terms are governed by applicable federal law and the laws of the State of California, without regard to conflict-of-law principles, unless local law requires otherwise. Venue for any disputes that are not subject to arbitration will be in the state or federal courts located in San Francisco County, California.

Nothing in these Terms limits any right you may have under mandatory consumer protection laws.

15. Service Availability and Changes

We continually evolve the services and may modify, suspend, or discontinue features at any time. If we make a material change that negatively affects you, we will provide notice through the services or by email when practicable.

Continued use of the services after a change becomes effective constitutes your acceptance of the updated offering.

16. Communications and Electronic Records

By using the services, you consent to receive communications from us electronically and to the use of electronic signatures and records in connection with the services, to the extent permitted by law.

You agree that we may provide notices and disclosures by posting them within the services or by sending them to the contact details associated with your account.

17. Third-Party Terms

When you connect accounts or use services through a Custodian or other third party, those providers' agreements apply in addition to these Terms. Any disputes regarding custodial accounts, trade execution, clearing, or settlement must be addressed with the applicable provider.

Links to third-party sites or resources are provided for convenience and do not imply endorsement. Overscale, Inc. is not responsible for the availability or accuracy of such sites or resources.

18. Contact and Complaints

If you have questions about these Terms or the services, please contact us at clients@overscale.org. For compliance or regulatory matters, email compliance@overscale.org.

Additional contact information is available on overscale.org. We aim to respond to inquiries promptly and will provide instructions for escalating any unresolved concern.

Acknowledgement

By using the Services you confirm that you have read, understood, and agree to these Terms, and that you will review them periodically for updates. If you are acting on behalf of an entity, you represent that you have authority to bind that entity to these Terms.