These Terms of Service (“Terms”) are provided by Bold Technologies, Inc. (referred to as “Bold,” the “Company,” “we,” “us,” or “our”). The Terms apply to your usage of Bold's products and services, and any other services made available to you by us (collectively, the “Services”), which are accessible through our website at https://getbold.io  (the "Site") and our web-based application (the "App"). When you use the Services, you are agreeing to abide by these Terms, which may also encompass conditions set by third parties. These Terms create a legally binding agreement between you and Bold.

By using the Services, creating an account, or clicking "Agree" when prompted on the Site, you agree that you've read, understood, and accepted all of the Terms and our Privacy Policy (the "Privacy Policy"), which is incorporated by reference into the Terms.

We reserve the right to make updates to these Terms, including the Privacy Policy, at our discretion, at any time. When we do, we will update the "Last Updated" date at the start of the Terms. In the event of such an update, we will provide notice by posting the revised Terms on the App and the Site, and potentially through other suitable communication channels as determined by us. Therefore, it is essential for you to periodically review this Agreement on our App and Site for any revisions, especially when using the Services. Should you continue to use the Services following the posting of an update to the Terms, you are indicating your acceptance of the modified Terms. If you do not agree with the updated Terms, you should discontinue your use of the Services. Furthermore, as our Services change, we may alter or terminate any or all aspects of the Services without prior notice, exercising our sole discretion.

Please take note:

It's important to carefully read and understand the Terms and the Privacy Policy because they govern your use of the Services. These Terms include significant details, such as a binding arbitration provision and a waiver of class action, both of which affect how disputes are resolved. The Services are only accessible to you, and you should only use them if you fully agree with the Terms.

By using our Services or by clicking "I ACCEPT" or a similar acceptance box, you confirm that you comprehend and agree to abide by all the Terms and any incorporated agreements.

If you're accepting the Terms on behalf of a legal entity, and you access or use the Services or accept the Terms on its behalf, you confirm that you have the legal authority to do so. In this case, the term "you" (except as used in this paragraph) refers to that entity. If you lack such authority or do not agree with all the Terms, we cannot provide our Services to you. If you don't agree to the Terms, neither you nor the entity you represent should access or use our Services.

  1. ACCOUNT
  1. Account Creation: To use our Services, you must create an account ("Account"). During this process, you'll need to provide certain information such as your name, email, phone number, address, date of birth, social security number, and government-issued ID documents. When you use a new device to access your Account for the first time, you may need to provide additional information to verify your identity. If your Account cannot be authenticated, you won't be able to access it. You agree to give accurate, current, and complete information about yourself when creating an Account, and to update it promptly when necessary.
  2. Username Selection: When setting up your Account, you'll choose a username to identify yourself when using our Services. Your username must not mislead or deceive others about your identity. We may ask you to change your username or Account details at our discretion, and we can also reclaim or make your username unavailable without any liability to you. You'll have the option to hide your username from any public displays of information, such as leaderboards showing top bitcoin purchasers.
  3. Eligibility: By creating an Account, you confirm that you (a) are at least 18 years old or of the legal age required to enter into a binding contract under applicable law; (b) have the legal capacity and authority to agree to these Terms; and (c) have not been previously suspended or removed from using our Services.
  4. Information Verification: You authorize us, either directly or through third parties, to make inquiries we consider necessary to verify your Account information. This may include requesting further information or documentation related to your Account usage or identity. We may also verify your information against third-party databases or other sources.
  5. Account Approval: We have the right to reject your application to create an Account or cancel an existing Account for any reason at our discretion. However, your rights related to the bitcoin held with a Custodian will remain unaffected.
  6. Communication: We will primarily use the email address you provide to communicate about your Account and provide technical support. It's essential to keep your email address and contact information up to date in your Account profile.
  7. Mobile Phone Number: If you provide us with a mobile phone number, you consent to receiving text (SMS) messages and/or phone calls from us. Standard text messaging rates and other charges may apply based on your mobile carrier's plan.
  8. Impersonation and Fraud: You must not impersonate any other person or entity to access an Account or access someone else's Account without their permission. Automated or fraudulent Account creation is not allowed.
  9. Legal Compliance: You agree to use the Services in compliance with all applicable laws. You are solely responsible for any improper or unlawful activity related to your Account, including any misrepresentations during Account creation.
  10. Sharing Information: We will share your Account information and transaction details with third-party service providers, including Custodians, who process transaction requests as outlined in our Privacy Policy.
  11. Account Security: You are responsible for the security of your Account. If you notice any unauthorized use of your password or Account, you agree to promptly notify us through our Support Channels, such as [email protected], or other contact methods provided on the Site.
  1. PURCHASING OR SELLING BITCOIN
  1. How to Purchase Bitcoin: To buy bitcoin, you need to follow these steps: (a) create an Account and agree to the corresponding self-directed custodial account agreement with a Custodian; (b) fund your Bold account with US dollars by transferring dollars into your Bold account from your external bank account;  (c) select the amount of bitcoin you would like to purchase in dollars (or the total amount in BTC). 
  2. Bitcoin Purchase Execution: After you provide the instructions as mentioned in Section 2.1 through our Site or App, we share this information with a Custodian. The Custodian will (a) sell the requested amount of bitcoin to you (plus a Fee); (b) transfer the purchased bitcoin to a digital wallet set up to hold it for you; (c) transfer a portion of the Fee to a digital wallet for us; and (d) if requested, transfer the bitcoin to any other digital wallet specified by you. This typically happens within a holding period of less than 30 calendar days, but this period may be shorter based on your payment method and our risk assessment, or it could extend up to 60 calendar days in cases of suspected fraud or security issues.
  3. Bitcoin Purchase Fee: We charge a percentage of the bitcoin purchase price as a fee (the "Fee"), as displayed on the Site when you use our Services. The Custodian may also apply an on-chain withdrawal fee when you request to transfer bitcoin from the Site to another digital wallet, including to your Vault.
  4. Bitcoin Purchase Price: While we provide information indicating a price for the bitcoin you're buying, please note that we do not sell or broker the sale of bitcoin. The entire purchase transaction takes place between you and a Custodian, which might result in a different price for the bitcoin than what you initially saw when using our Service.
  5. How to Sell Bitcoin: To sell bitcoin, you must follow these steps: (a) create an Account and agree to the corresponding self-directed custodial account agreement with a Custodian; (b) fund your Bold account with BTC by either (i) transferring BTC into your Bold account from an external bitcoin wallet you control, or (ii) buying BTC via the Bold App; (c) select the amount of BTC you would like to sell in dollars (or the total amount in BTC).
  6. Bitcoin Sale Execution: After you follow the process outlined in section 2.5 through our site or App, we share that information with the Custodian. The Custodian will then (a) sell the requested amount of bitcoin on your behalf; (b) transfer the US dollar proceeds from the bitcoin sale into you Bold Account; and (c) transfer a portion of the Fee to an account for us. Bitcoin is available for sale via the Bold Site or App once the bitcoin transaction to your Bold account has received at least six (6) on-chain block confirmations.
  7. Bitcoin Sale Fee: We charge you a percentage of the bitcoin sale price as a fee (the “Fee”), as displayed on the Site or App when you use our Services.
  8. Bitcoin Sale Price: Although we provide information indicating the exchange rate at which your bitcoin will be sold, please note that we do not sell or broker the sale of your bitcoin. The entire sale transaction takes place between you and a Custodian, which might result in a different exchange rate for the bitcoin sold than what you initially saw when using our Service.
  9. ACH Transactions: If you choose to pay for your bitcoin purchases through ACH transactions, you expressly authorize the initiation of these transactions from your external bank account as specified in these Terms. You agree to provide accurate and complete bank account information, including verifying your ownership of the account and maintaining sufficient funds to cover authorized transactions. If you initiate a transaction, your linked bank account may be debited immediately. After initiating an ACH transaction, the corresponding U.S. dollar balance in your Account is temporarily pending and will be formally credited after the bank transfer clears, usually within five (5) business days.
  10. Recurring Purchases: Occasionally, we offer products that allow you to make future bitcoin purchases based on a recurring schedule  (known as "Recurring Purchases"). If you've authorized ACH transactions for Recurring Purchases, this authorization remains in effect until you modify or cancel your Future Purchase settings in your Account. Recurring Purchases happen as per your chosen settings, typically within a 24-hour window on the transaction date. You can cancel or modify Recurring Purchases anytime through your Account. Such changes made directly through your Account dashboard may take up to two business days to take effect. You can also cancel or modify your ACH authorization, including for Future Purchases, by notifying us through our Support Channels at least 3 business days before the next scheduled transaction.
  11. Credit Report Authorization: Under the Fair Credit Reporting Act (FCRA), we may obtain a consumer report to assess your bank account's transaction history, including overdrafts, insufficient funds, or unauthorized use notifications, solely for this specific purpose when you choose to purchase bitcoin through ACH transactions or wire. By doing so, you expressly authorize us to obtain this consumer report, and you understand that the information will be kept confidential and used exclusively for this purpose, potentially involving third-party vendors.
  12. ACH Reversals: If an ACH reversal occurs after purchasing bitcoin through ACH transactions, you may be responsible for associated fees or charges. In cases where an ACH reversal leads to a negative balance in your Account, we have the right to reverse the bitcoin trades made with the reversed funds. Once a transaction is marked as complete or pending, you cannot cancel, reverse, or change it. If your payment fails or if your payment method has insufficient funds, we may, at our discretion, cancel the transaction or debit your other payment methods, including your U.S. dollar balance or linked accounts, to complete it. You must maintain an adequate balance (or credit limits) to avoid overdraft or non-sufficient funds (NSF) fees charged by your bank or payment provider. We reserve the right to refund U.S. dollar amounts in your account, refuse to process or cancel transactions, or reverse them for reasons like legal orders, suspected financial crimes, errors, or violations of our provisions.
  13. ACH Transaction Fees: You agree to pay any fees or charges associated with ACH transactions, including fees imposed by your bank or the ACH operator. These fees and charges may change without notice.
  14. Transaction Authorization: When any transaction occurs in your Account, we assume you authorized it unless you inform us otherwise. If you believe an unauthorized or incorrect transaction has taken place, contact our Support Channels immediately. Regularly check your Account and transaction history and report any unauthorized or incorrect transactions as soon as possible.
  15. Transaction Records: You can view your U.S. dollar and bitcoin balances in your Account. Your transaction history includes information such as the transaction amount and type, the payer/payee's identity (if applicable), Fees, the U.S. dollar to bitcoin exchange rate for each transaction, and the transaction date.
  1. OUR RELATIONSHIP WITH THE CUSTODIANS

We want to clarify that we don't have the authority to give directions to a Custodian regarding your assets held with them, or with any partner of a Custodian. The only exception to this is when our direction is necessary to help transfer your assets from one Custodian to another. In all other situations, a Custodian won't grant us any control or decision-making power over your assets they hold on your behalf. Additionally, a Custodian will never mix the assets they hold on our behalf with the assets they hold on your behalf. It's important to note that we are not designated as an agent for your custodial account with a Custodian. Just like with any qualified custodian, you always maintain legal ownership of the assets held in your Custodian account. 

  1. OUR RIGHTS

We want to make you aware of the following rights we have, which are not obligations on our part.

  1. We can modify, substitute, eliminate, or add to any of our Services with or without notice to you.
  2. We can suspend or terminate the Account of anyone who violates the Terms.
  3. We can review, modify, filter, disable, delete, or remove any and all content and information from the Site.
  4. We can automatically update and download any software provided on or through the Site.
  5. We can cooperate with law enforcement, courts, government investigations, or third parties if they request or direct us to disclose information or content that you provide.
  6. We may display advertising and promotions on the Site, which could be targeted to specific users or parts of the Site based on user queries or preferences. These advertisements or promotions may not always be labeled as paid.
  1. INTELLECTUAL PROPERTY OWNERSHIP
  1. Our Intellectual Property: We own all rights, titles, and interests in our intellectual property, which includes things like inventions, ideas, code, designs, trademarks, and more (referred to as "Company IP"). This Company IP is safeguarded by copyright, trade dress, patent, trademark laws, international conventions, and other relevant intellectual property and proprietary rights, as well as applicable laws. You can't use any of the Company IP without our prior written consent. We reserve all rights in and to the Company IP that are not explicitly granted to you in the Terms.
  2. Limited License: We grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access the material on the Site for non-commercial purposes only, subject to your continuous compliance with the Terms. This license allows you to use the Site and our Services as permitted by the Terms. You agree not to remove, alter, or obscure any proprietary notices on the material on the Site or any other Company IP. You are not allowed to modify, alter, convert, adapt, clone, replicate, duplicate, copy, translate, reverse engineer, or otherwise manipulate any part of our Services or the Company IP. Any rights not explicitly granted in the Terms are reserved.
  3. Providing Feedback: If you choose to provide comments, bug reports, ideas, or other feedback about our Services (collectively referred to as "Feedback"), you agree that we can use this Feedback at our discretion without owing you additional compensation. We may also disclose this Feedback to third parties, whether on a non-confidential basis or otherwise. If required by applicable law, you grant us a perpetual, irrevocable, non-exclusive, transferable, worldwide license to use your Feedback for any purpose, with all necessary rights to incorporate and use your Feedback.
  1. CONDUCT
  1. By way of example, and not as a limitation, you may not, and may not allow any third party to:
  1. breach the Terms or any agreement incorporated by referenced into the Terms;
  2. breach any law, statute, ordinance, or regulation;
  3. infringe any Company IP or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights or rights of publicity or privacy;
  4. create or control more than one personal Account for yourself without our express authorization, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;
  5. act in any way that is unlawful, libelous, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable (including, without limitation, display any content on our Site, or using our Services to transmit content, that contains any hate-related or violent content);
  6. provide false, inaccurate or misleading information;
  7. send or receive what could reasonably be believed to be (by us or by others) potentially fraudulently acquired bitcoin;
  8. use our Services or the services of our partners in a manner that results in or may result in complaints; disputes, claims, reversals, or chargebacks; or fees, fines, penalties or losses to us or any of our partners;
  9. distribute or facilitate the distribution of viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature or otherwise interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Site or our Services, the proper working of the Site or our Services, security features of the Site or our Services, or the equipment connected to the Site or our Services;
  10. take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;
  11. transmit or otherwise make available through our Services any unsolicited commercial messages (i.e., spam), junk mail, pyramid schemes, chain letters or similar materials or information;
  12. interfere with other users’ enjoyment of our Services;
  13. exploit our Services for any unauthorized commercial purpose;
  14. reformat or frame any portion of the Site;
  15. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of our Site or content on other of our Services, or to collect information about our users for any unauthorized purpose;
  16. use any metatags or any other “hidden text” using any of our marks;
  17. access or use our Services for the purpose of creating a product or service that is competitive with any of our products or services, including, without limitation, our Services.
  1. If you engage in any of the activities prohibited by Section 6.1, then we may, at our sole and absolute discretion, without notice to you and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your Account and/or prevent you from accessing our Services. If we prevent you from accessing our Services, then you are responsible for all losses that result from that suspension or termination. You are further prohibited from using the Services in any manner that is not expressly and unambiguously authorized by the Terms.
  1. THIRD-PARTY SERVICE PROVIDERS
  1. Service through Third Parties: Our Services operate with the involvement of third-party service providers. When you use our Services, you must agree to separate agreements with these third parties. You are obligated to comply with all the terms of these third-party agreements when using our Services. Please note that we are not part of these agreements, and we bear no responsibility for the products and services offered by these third parties. The Terms do not establish a contractual relationship between you and our service providers. You recognize and accept that we are solely responsible for our Services, including maintenance and support.
  2. No Warranty from Service Providers: Our third-party service providers do not have any warranty obligations concerning our Services. If there are any claims, losses, liabilities, damages, costs, or expenses related to our Services not meeting any warranty provided by us (if any), it's our sole responsibility.
  3. Claims and Responsibilities: When it comes to the services provided by our third-party service providers in connection with our Services, they are responsible for addressing claims, including but not limited to: (a) product liability claims; (b) claims about the Services not meeting applicable legal or regulatory requirements; (c) claims arising under consumer protection, privacy, or similar laws; and (d) intellectual property claims.
  1. TAXES

You are solely responsible for following the laws related to using the Services. This includes any obligations to report and pay taxes. You're also responsible for figuring out, paying, withholding, filing, and reporting all taxes, duties, and other assessments connected to your use of the Services. If you're not a United States taxpayer, you should check the laws of your relevant jurisdiction.

  1. YOUR REPRESENTATIONS AND WARRANTIES 

When you use our Services, you are making certain promises to us and our affiliated companies. These promises include the following:

  1. Authority: You have the necessary authority and power to agree to the Terms, buy and use our Services, and fulfill your obligations under the Terms. If you are an individual, you are at least eighteen (18) years old and legally capable of buying and using our Services. If you are a business entity, you are properly organized, legally existing, and in good standing under your home jurisdiction's laws and any other places where you operate.
  2. No Conflict: Agreeing to, signing, and following the Terms will not result in any breaches, conflicts, or significant defaults in various situations, including:
  1. Violating your organizational documents, if applicable.
  2. Violating any court judgments, decrees, or orders that involve you or your valuable assets.
  3. Violating any important agreements, obligations, duties, or commitments that involve you.
  4. Violating any applicable laws, regulations, or rules.
  1. No Consents or Approvals: You don't need approvals or actions from any government authority or individual other than yourself to agree to the Terms, execute them, or fulfill your obligations under them.
  1. SANCTIONS

We must  follow economic sanctions and trade limitations, including those set by the Office of Foreign Assets Control ("OFAC") at the United States Department of the Treasury. This means that neither we nor anyone using our Services can engage in transactions involving specific individuals or places, as identified by agencies like OFAC. No one using our Services, no matter where they are, can take part in transactions that involve:

  1. Specific Geographic Areas: Such as Crimea, Cuba, Iran, North Korea, and Syria, or anyone residing or operating in these places.
  2. Sanctions Lists: This includes individuals or entities listed on sanctions lists such as OFAC's Specially Designated Nationals (SDN) List or Foreign Sanctions Evaders (FSE) List, including any digital currency addresses linked to these individuals or entities.
  3. Cuban Nationals: Nationals of Cuba, unless they can prove citizenship or permanent residency outside of Cuba.

To ensure compliance with these sanctions, you cannot use your Account while in certain geographic locations. If we suspect that you're using your Account from a sanctioned place or violating economic sanctions or trade restrictions in any way, we may suspend or terminate your use of our Services, even canceling ongoing bitcoin purchases or withdrawals.

Generally, you cannot sell products or services that originate from sanctioned areas. This includes items that existed before the sanctions, as we can't verify when they were removed from the restricted location. Besides following OFAC and local laws, other countries may have their own trade restrictions, and some items might not be allowed for export or import under international laws. When transactions involve international parties, it's essential to understand the laws of the relevant jurisdiction.

Third-party payment processors and Custodians may also independently check transactions for sanctions compliance and block them as part of their own compliance efforts. We don't have control over their independent decision-making.

Remember that economic sanctions and trade restrictions can change, so it's a good idea to regularly check sanctions resources. 

  1. TERMINATION

You can terminate the Terms whenever you like by closing your Account and stopping your use of our Services, as long as you follow the Terms and applicable laws. Just send us an email at [email protected] to cancel your Account.

We have the right to terminate the Terms and suspend or close your Account and access to our Services for any reason or no reason at all, at our sole discretion. We might do this without giving you advance notice, and we won't be responsible to you or anyone else for such suspension or termination.

If we end the Terms or suspend or terminate your access due to a violation of the Terms or suspected fraudulent, abusive, or illegal behavior, this termination will be in addition to any other legal or equitable remedies we might have.

When the Terms end or get terminated, whether by you or us, you might not have access to information you posted on our Services or related to your Account anymore. We're not obligated to keep that information in our databases or to send it to you or anyone else. However, you'll still have all your rights related to the bitcoin held by a Custodian even after the Terms end.

  1. DISCLAIMERS
  1. Service "As Is" and "As Available"

Your use of our Services comes with some important disclaimers. Our Services are provided "as is" and "as available." This means you're using them at your own risk, and we don't make any promises or guarantees about them.

To the fullest extent allowed by the law, the Company and everyone associated with it, including its members, managers, officers, employees, advisors, representatives, affiliates, and agents (“Company Parties”), don't offer any explicit warranties and explicitly deny any implied warranties regarding our Services or any part of them. This includes things like warranties of merchantability, fitness for a specific purpose, non-infringement, accuracy, and reliability.

In simpler terms, the Company Parties DO NOT promise that:

  1. Our Services will meet your specific needs.
  2. Our Services will always work perfectly without interruptions, delays, or security issues.
  3. Any data or information provided through our Services will be completely accurate.
  4. Our Services or any content, features, or services available through our Services will be free of viruses or other harmful components.
  5. The data you share when using our Services will be completely secure.

Some places don't allow the exclusion of implied warranties, so some or all of these disclaimers might not apply to you.

  1. Personal Risks

You understand that using the internet and providing information online carries inherent security risks. You agree that we're not responsible for any security breaches unless they result from our gross negligence. You should take reasonable steps to secure access to:

  1. Any device you use in connection with our Services.
  2. Any usernames, passwords, or other login credentials you have.

In other words, you're responsible for keeping your devices and login information safe and secure.

  1. LIMITATION OF LIABILITY
  1. Indirect Damages Disclaimer

You need to understand that none of the Company Parties will be responsible for any indirect, incidental, special, consequential, or exemplary damages that you might experience, regardless of the reason or legal basis. These damages could include things like lost profits (whether direct or indirect), harm to your reputation or business, data loss, the cost of getting replacement goods or services, or any other non-tangible losses, even if we were warned about the possibility of these damages.

  1. Force Majeure Events

You agree that the Company won't be liable and is not responsible for any issues or losses caused by what we call "force majeure events." These include things like acts of nature (e.g., natural disasters), labor disputes, utility failures (like power or internet outages), software bugs or vulnerabilities, government actions, terrorism, war, changes in technology, or changes in economic conditions, among other things.

  1. Maximum Liability

Our total responsibility to you for any and all claims related to the Terms or your use of our Services, whether based on contract, tort, strict liability, or any other legal theory, is limited to the greater of:

  1. The fees you actually paid to us under the Terms in the twelve months before the claim arose.
  2. One hundred dollars ($100).
  1. Reasonable Allocation of Risk

You acknowledge and agree that we provided our Services to you and agreed to the Terms with the understanding that the warranty disclaimers and limitations of liability stated here are a fair and reasonable way to distribute the risk between you and the Company. These terms are essential to our agreement.

  1. Exceptions

In some places, the law doesn't allow us to exclude or limit certain types of damages, especially when personal injury is involved. So, the limitations and disclaimers above might not apply in those cases.

  1. NO RESPONSIBILITY FOR CUSTODIAN TRANSACTIONS

We want to make it clear that we are not responsible for any transactions you have with a Custodian. If a Custodian doesn't complete a purchase for you on time or makes a mistake in the amount, or if there are any losses related to the bitcoin held by that Custodian, we won't be held responsible for any of your losses or damages.

  1. INDEMNIFICATION

To the maximum extent allowed by the law, you agree to protect, defend, and compensate Company Parties against any and all legal actions, lawsuits, claims, damages, requests, and expenses (including legal fees) that a Company Party may face due to:

  1. Your use of the Site or our Services;
  2. Your responsibilities or obligations outlined in the Terms;
  3. Any violation of or failure to follow the Terms on your part;
  4. Any inaccuracies in the representations or warranties you provide;
  5. Any infringement of the rights of any other person or entity, including their proprietary or privacy rights;
  6. Any breach of laws or regulations by you; and/or
  7. Any of your actions or failures to act that are negligent, illegal, or considered willful misconduct.

The Company reserves the right to take full control over the defense, at your cost, of any claim that falls under this Section 15. This indemnification is in addition to, and not instead of, any other indemnities specified in a written agreement between you and the Company.

  1. DISPUTE RESOLUTION

Please carefully review this ARBITRATION AGREEMENT because it mandates that all disputes with us must be resolved through arbitration and places limitations on how you can seek remedies.

  1. Both you and the Company agree to settle any disagreement, claim, or dispute related to the Terms or our Services confidentially, conclusively, and through binding arbitration.
  2. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution process. Arbitration will be initiated via JAMS. This arbitration process will be:
  1. Confidential,
  2. Conducted in English,
  3. Administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”),
  4. Overseen by a single arbitrator experienced in handling commercial contract disputes,
  5. In accordance with the JAMS Comprehensive Arbitration Rules & Procedures, and
  6. Held in Miami Dade County, Florida.

All costs associated with filing, administration, and the arbitrator's fees will adhere to JAMS Rules. A court of competent jurisdiction can enter judgment based on the arbitrator's decision.

  1. TO THE FULLEST EXTENT ALLOWED BY LAW, BOTH PARTIES WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO LITIGATE IN FRONT OF A JUDGE OR JURY AND INSTEAD CHOOSE ARBITRATION AS THE METHOD FOR RESOLVING ALL CLAIMS AND DISPUTES. Arbitration procedures are typically more limited, efficient, and cost-effective compared to court proceedings and are subject to very limited court review. In the event of litigation between you and the Company, you both, to the fullest extent allowed by law, waive your rights to a jury trial and agree to resolve the dispute before a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED TO SEEK LEGAL COUNSEL BEFORE AGREEING TO ARBITRATE.
  2. The Terms are governed by and will be interpreted according to the laws of the state of California, without regard to its conflict of laws principles.
  3. You can only resolve disputes with us individually and may not initiate a claim as a plaintiff or class member in any class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidations with other arbitrations are prohibited. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CLAIMS AND DISPUTES MUST BE ADDRESSED INDIVIDUALLY AND CANNOT BE PURSUED AS A PLAINTIFF OR CLASS MEMBER IN ANY SUPPOSED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. NEITHER A CLAIMANT NOR THE ARBITRATOR CAN CONSOLIDATE CLAIMS OF MULTIPLE INDIVIDUALS OR ENGAGE IN ANY CLASS ARBITRATION OR JOINT LITIGATION. CLAIMS FROM MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY, AS A CLASS, OR CONSOLIDATED WITH THE CLAIMS OF ANY OTHER CUSTOMER OR USER. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS REPRESENTATIVE IN ANY ALLEGED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
  1. ENTIRE AGREEMENT

The Terms, along with the Privacy Policy, represent the complete agreement governing your relationship with us regarding the Services. They override any prior or concurrent written or verbal agreements, communications, or understandings related to the subject matter in the Terms. 

The Terms do not modify any existing agreement you have with a Custodian. If any conflict arises between the Terms and an agreement with a Custodian, the terms of the other agreement will prevail only if it explicitly states that it supersedes the Terms.

  1. PRIVACY POLICY

The Privacy Policy outlines how we gather, utilize, retain, and reveal your personal information. By using our services, you consent to the collection, utilization, retention, and disclosure of your data as per the Privacy Policy.

  1. STATE NOTICE

If you are a California resident and wish to report complaints or seek information regarding your Account with us or our Services, you have the option to do so in the following ways:

  • Mail:Department of Business Oversight, Attn: Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814.
  • Online: Through the California Department of Business Oversight's website at (https://www.dbo.ca.gov/Consumers/consumer_services.asp)
  • Phone: Contact them at 866-275-2677.

For any other inquiries or complaints, you can contact us via email at [email protected].