Updated as of August 14, 2023.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE (INCLUDING ALL ANNEXES AND OTHER TERMS INCORPORATED BY REFERENCE, AND ALL AMENDMENTS TO THE FOREGOING, THESE “TERMS OF SERVICE”) GOVERN YOUR ACCESS AND USE OF THE iTRUSTCAPITAL™ PLATFORM (the “PLATFORM” AS FURTHER DEFINED BELOW) AND CONSTITUTE A BINDING CONTRACT BETWEEN YOU AND ITC2.0, INC., THE PROVIDER OF THE PLATFORM. BY ACCESSING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY CEASE ACCESSING THE PLATFORM.
THE PLATFORM IS A TECHNOLOGY INTERFACE PROVIDING ITS USERS WITH TECHNOLOGY AND AUTOMATED TOOLS GIVING ACCESS TO CUSTODIAL AND FINANCIAL SERVICES PROVIDED TO YOU BY THIRD PARTIES RELATING TO DIGITAL ASSETS, ALLOWING YOU TO ENGAGE DIRECTLY WITH SUCH THIRD PARTIES IN SELF-DIRECTED TRANSACTIONS IN DIGITAL ASSETS (“SELF-DIRECTED TRANSACTIONS”). IRA CUSTODIAL AND FINANCIAL SERVICES ARE PROVIDED TO YOU DIRECTLY BY FORTRESS TRUST LLC, A NEVADA CHARTERED TRUST COMPANY.
TRANSACTIONS IN DIGITAL ASSETS INVOLVE SUBSTANTIAL RISK OF LOSS. THE STRATEGIES YOU UTILIZE TO ENGAGE IN SELF-DIRECTED TRANSACTIONS ARE USED AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR THE FINANCIAL RESOURCES YOU UTILIZE. IF THE MARKET MOVES AGAINST YOU, YOU MAY SUSTAIN A TOTAL LOSS OF THE INITIAL AMOUNT YOU ALLOCATED TO THE TRANSACTION. YOU SHOULD NOT ENGAGE IN SELF-DIRECTED TRANSACTIONS UNLESS YOU FULLY UNDERSTAND THE NATURE OF THE TRANSACTION YOU ARE ENTERING INTO AND THE EXTENT OF YOUR EXPOSURE TO LOSS. IF YOU DO NOT FULLY UNDERSTAND THESE RISKS, YOU SHOULD SEEK INDEPENDENT ADVICE FROM YOUR FINANCIAL ADVISOR.
AS SET FORTH BELOW, ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM AND/OR THESE TERMS OF SERVICE WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE “DISPUTE RESOLUTION” PROVISION CONTAINED IN THESE TERMS OF SERVICE. THESE TERMS OF SERVICE ALSO INCLUDE A WAIVER OF CLASS ACTION AND YOUR RIGHT TO A JURY TRIAL. PLEASE READ THE “DISPUTE RESOLUTION” SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY US. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THESE TERMS OF SERVICE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. The Platform and Terms of Service.
Welcome to the iTrustCapital Platform, which is provided by ITC 2.0, Inc. (hereafter “we,” “us,” “our”, and “iTrustCapital” and our successors, affiliates, assignees). The Platform is a technology interface and set of solutions providing users with technology and automated tools that enable users to have access to third party custodial services and engage in Self-Directed Transactions involving cryptocurrencies, precious metals, other digital assets and other potential alternative assets, including but not limited to real estate in real-time through their individual retirement accounts (“IRAs”), and to receive other associated financial services from third parties. The term “Platform” includes the iTrustCapital Platform and all services, features, technologies, and/or functionalities offered by iTrustCapital (collectively, the “Services”), which may be accessed through our internet website, a mobile application supplied by us, or other means designated by us, and also includes all software, data and databases, content and hardware associated with the foregoing, but excludes the Third Party Services (defined below) and the third party platforms through which those services are provided to you by third parties. “You” and “your” means the person to whom Credentials are issued and who is authorized to use the Services as provided in these Terms of Service.
These Terms of Service are a binding contract between you and iTrustCapital, which governs your access to and use of the Platform and the Services we provide. You agree to comply with all terms and conditions in these Terms of Service, which we may amend from time to time. These Terms of Service also incorporate by reference additional terms of which we may from time to time notify you by posting them on the Platform. By accessing the Platform, you agree to be bound by and comply with these Terms of Service, including to pay any fees we may charge from time to time for use of the Services. If there is a conflict between these Terms of Service and any other agreement you may have with us, or any document or statement made to you concerning the Platform or Services, these Terms of Service will govern with respect to the Platform and the Services. If we amend these Terms of Service in any material respect, we will provide reasonable notice to you, which you agree may include posting the updated Terms of Service on the Platform. If we must implement a change to address the security of the Platform or other imminent harm, such change can be implemented without prior notice. The updated version of these Terms of Service supersedes all prior versions and upon issuance will govern the Platform and Services. Your continued access to the Platform and Services after the update will be deemed acceptance of the updated terms and you will be bound by it. If you do not agree with the terms of any update, you must immediately cease all access to the Platform and use of the Services. Your termination of these Terms of Service does not affect any of our rights or your obligations arising under these Terms of Service prior to such termination.
2. Third Party Services.
You will have access to services provided by third parties (collectively, the “Third Party Services”), including IRA custodial services, transactions in digital assets, precious metals and other financial services. Any Self-Directed Transactions in which you engage will not be with iTrustCapital, but will be directly with such third parties. In order to access and use certain Third Party Services that are accessible through the Platform, you may be required to enter into a separate agreement with the provider of the Third Party Services (the “Third Party Services Provider”). For example, IRA custodial and financial services are provided to you directly by Fortress Trust LLC, a Nevada chartered trust company (“Fortress” or the “Qualified Custodian”), on the terms and conditions of the agreement between you and the Qualified Custodian. You hereby acknowledge that the Third Party Services are provided by such third parties, and not iTC 2.0, through third party platforms which are not owned or controlled by us.
3. Access to the Services.
Eligibility: To use the Services you must be an individual of at least 18 years of age, have a U.S. bank account, and reside in the United States or one of its territories. Use of certain Services may have further eligibility requirements that will need to be verified prior to you using such Services or from time to time in order to continue your use of the Services. Certain features of the Services may be limited depending on the state in which you reside, the date on which you created your Account or other factors.
Access: You may access the Platform and Services solely through the online portal, mobile app or other means authorized by us from time to time.
Your Registration Obligations: You are required to register on the Platform in order to access and use certain features of the Services. Your acceptance of the Consent to Receive Electronic Disclosures (E-sign Disclosure and Consent) is required to create an account on the Platform (“Account”). You also must open an IRA account and enter into an associated IRA agreement with the Qualified Custodian. If you choose to register for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Services’ registration form. If any of this information changes, it is your obligation to provide updated information as soon as possible. You are responsible for providing iTrustCapital with a correct and operational email address. You must notify iTrustCapital of any change to your email or postal mailing address, or if you are unable to access Account information through our Platform. iTrustCapital will not be liable for any adverse effects as a result of undelivered mail or email or your inability to access Account information through the Platform due to a failure to promptly notify us of a change to your email or postal mailing address. iTrustCapital is not responsible for any costs you incur to maintain internet access or an email account. From time to time, we may also require you to provide further information as a condition for continued use of the Services. We reserve the right to maintain your Account registration information after you close your Account for business and regulatory compliance purposes.
Important Information About Procedures for Opening a New Account: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions, including our custodial services provider, to obtain, verify, and record information that identifies each person who opens an Account. What this means for you: On behalf of our custodial services provider, when you open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents. You authorize us to share this information with the Qualified Custodian, and for the Qualified Custodian to use such personal identifiable information to verify your identity, including to conduct searches of public records, credit agencies, law enforcement agencies, state/federal court records and other such databases to the extent necessary to confirm your identity and for other regulatory compliance purposes. You authorize the Qualified Custodian to share the results of any such search along with any collected personal identifiable information with iTrustCapital in connection with your Account.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your login ID, password, multi-factor identification codes and any other credentials relating to your Account (“Credentials”). You should not share your Credentials with any other person, and you are fully responsible for any and all communications and activities relating to the Platform conducted using your Credentials. You agree to: (i) immediately notify us of any unauthorized use of or access to your Credentials or Account, or any other breach of security, and (ii) ensure that you exit from your Account at the end of each session when accessing the Services. We will not be liable for any loss or damage arising from your failure to comply with this Section or take reasonable measures to protect access to your Account.
4. Pricing, Valuation and Self-Directed Transactions
Self-Directed Transactions: Once you have set up and funded your IRA with the Qualified Custodian, you may engage in Self-Directed Transactions in accordance with the terms of the Terms of Service and the IRA Agreement or other agreement entered into with the Qualified Custodian.
Storage: Digital Currencies are stored by the Qualified Custodian using an institutional cryptocurrency storage wallet provider(s), and precious metals are physically held at the Royal Canadian Mint with ownership managed via a secure blockchain distributed ledger.
Acknowledgements: You acknowledge and agree that:
iTrustCapital is not a broker-dealer, investment advisor or an exchange of any kind and does not engage in any activity requiring such registrations. This means that the assets available for Self-Directed Transactions via the iTrustCapital Platform will vary based on the assets that are made available by the Qualified Custodian for purchase and custody at any given time by such third-party vendors;
Pricing Information and Portfolio Valuation: iTrustCapital is not a liquidity provider and does not make a market in any digital, virtual, or cryptocurrency or any other assets (as those terms are customarily understood in the financial services industry), such as Bitcoin, Ethereum, Ripple, Bitcoin Cash, Litecoin, EOS, or any cryptocurrency (“Digital Currency”) on its Platform. Pricing data (and resulting portfolio valuation and performance data) displayed on the Platform are provided by or based on information provided by one or more exchanges or “liquidity providers”, and may be delayed or otherwise not up to date, may be incorrect, and there is no guarantee that any amount of Digital Currency can be purchased or liquidated for the price indicated at the time an order is placed. No price is guaranteed until the transaction is settled by the exchange or liquidity provider settling the transaction. Valuation and performance data is inclusive of liquidity provider transaction fees, where applicable, and iTrustCapital transaction fees are displayed separately as well as combined into a total cost, where applicable. iTrustCapital will make commercially reasonable efforts to ensure that transaction history information, including associated portfolio holdings, are all accurately displayed on the Platform, but iTrustCapital does not guarantee the accuracy of such information. All pricing and other information (including portfolio valuation and performance data) on the Platform is provided on an “as is” basis for your personal information only, no representations are made as to the accuracy of such information, and you agree not to rely upon such information for any purpose. iTrustCapital (i) expressly disclaims the accuracy, adequacy, or completeness of any pricing or valuation, or performance data displayed and (ii) is not liable for any errors, omissions, or other defects in, delays or interruptions in such data, or for any actions taken in reliance thereon. iTrustCapital is not liable for any damages relating to your use of the information provided on the Platform. In the event that an erroneous transaction occurs, it is the sole responsibility of the user to inform iTrustCapital and its Qualified Custodian within a reasonable time that the error occurred. Failure to report any erroneous transaction (debits or credits to the account) and any unauthorized transactions initiated by the account holder using said funds, regardless of gains or losses incurred, may result in legal action which may, where applicable, include criminal charges.
Refund and Cancellation: You may cancel your Account at any time if your Account value is zero US dollars ($0.00) or after transferring out any Account balance if your Account value is greater than zero US dollars ($0.00). To transfer an Account balance and/or to cancel your Account, notify our support team via email at [email protected].
5. Referral Program
Selected Accounts are eligible to participate in our Referral Program and are governed by additional terms and conditions which can be found at https://itrustcapital.com/referral-program-terms. By participating in the Referral Program, you agree and consent to these additional terms and conditions. If you do not agree to the additional terms or would like to opt-out of the Referral Program, please contact us at [email protected].
Adding Assets to Your Account: If we have not verified the required identifying information that you have provided to us, you cannot add assets to your Account. If we have verified the required identifying information that you provide to us, you will be assigned an IRA number and Account by the Qualified Custodian. The Qualified Custodian is an independent party. All assets held in an Account opened through iTrustCapital are maintained by the Qualified Custodian, whose services are provided solely by the Qualified Custodian (and not iTrustCapital) and governed by a separate agreement between you and the Qualified Custodian. You agree that the Qualified Custodian of your assets may change from time to time, and your agreement with a Qualified Custodian may be assigned to a new Qualified Custodian so long as iTrustCapital acts as agent for such Qualified Custodian. The iTrustCapital Platform and related services are provided subject to your acceptance of and continuing compliance with the Qualified Custodian’s terms and conditions of service.
Types of Retirement Accounts: There are several types of retirement accounts, each of which is subject to various rules. We recommend you speak with your accountant and/or financial advisor regarding which type of retirement account to open. Your IRA can be funded by transferring funds or allowed assets in-kind from the custodian of your existing retirement account or with cash via wire transfer. Funding an IRA with a credit card is prohibited. We recommend that you consult with your tax and financial advisors regarding allowable contribution limits for tax advantaged accounts. iTrustCapital is not responsible for advising you of any funding limits or for any consequences of you overfunding your Account.
Transferring Assets out of Your Account: The balance in your Account may be transferred out of your Account by manually transferring it to a bank account linked to your Account or transferring it to a separate IRA platform or custodian. We recommend that you consult with your tax and financial advisors regarding distributions from IRAs as you may incur penalties or tax consequences. We reserve the right to create minimum transfer-out amounts for your Account at any time and from time to time and will notify you of these minimums if they exceed $5 USD per Account; this means that a remaining Account balance of less than $5 will not be returned to you. iTrustCapital is not responsible for advising you of any consequences related to distributing funds or assets from your Account.
Bank Transfer Reviews: We review account and transaction activity at various times, including when transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your Account activity and the activity of users with whom you’ve transacted comply with these Terms of Service. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your Account and your access to money in it or that is sent to you until verification is completed. Reviews may result in: (i) delayed, blocked, or canceled transfers; (ii) money being held by us; (iii) money or payments being applied to amounts you owe to us or used to offset loss incurred by us; (iv) Account limitation, suspension, or termination; (v) money or payments being seized to comply with a court order, warrant or other legal process; and/or (vi) money or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment). Among other reasons, we may take these actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised Account, or if you were a participant in a transaction for goods and services.
Account Statements: You may view your Account statement by logging into your Account on the Platform. If you would like to receive a paper copy by mail, please email [email protected]
Transaction Limits: We reserve the right to change the deposit, withdrawal, storage, and velocity limits on your Account as we deem necessary. We may establish individual or aggregate transaction limits on the dollar amount or number of deposits or withdrawals you make during any specified time period.
ACH: Through our Qualified Custodian, you can add funds to your Account via Automated Clearing House (“ACH”). We offer an ‘Instant ACH’ service, which will allow you to access the funds and enter into transactions with the funds being transferred to your Account the same day the transfer is initiated. All funds are contributed directly to your IRA; iTrustCapital does not receive or hold user funds (or other assets). However, if the transferred funds do not arrive in your Account, iTrustCapital reserves the following rights: if funds have not arrived within four days from the date of transfer, we will provide notice to you of the failure of your ACH transaction and request for you to re-send the funds via ACH and may lock your Account for transactions. If funds have not arrived within four days after we provided you notice, we will advise you to transfer funds to your Account via check or wire transfer. If funds do not arrive in the Account 5 days after the initial attempted ACH transfer, (1) for accounts where the entire balance consists of the failed ACH funds, iTrustCapital will close your Account, and (2) for accounts where only part of the balance consists of the failed ACH funds, the Qualified Custodian will liquidate the assets in the Account in using a “last in, first out” methodology until all obligations to us have been settled. No distribution requests for funds deposited in your Account via ACH can be made until we have verified deposit of said funds into your Account and 90 days have passed since the contribution was initiated (the "Charge-Back Period”). The Qualified Custodian reserves the right to extend the Charge-Back Period to 120 days. The Qualified Custodian may limit the frequency and amount of funds you may deposit into your Account in its sole discretion at any time and from time to time.
Accurate Characterization of Inflows: All responsibility affiliated with the re-characterization or correction of an inflow type falls upon you. In the event you believe a deposit is reflecting incorrectly in your Account history, you must report it to iTrustCapital and the Qualified Custodian, in addition to providing any supporting documentation that is requested and/or required.
Erroneous Funding of an Account: In the event that the iTrustCapital Platform inadvertently or erroneously funds an Account due, but not limited to, a software bug, glitch, or human error, it is the sole responsibility of the Account holder to notify iTrustCapital within a reasonable timeframe, not to exceed 30 days. Legal action (which may where applicable include criminal claims) may be taken against you if you fail to report any erroneous funding and/or proceed with any unauthorized transactions with said assets, regardless of gains or losses incurred.
Prohibited Payments: Using the Services to make the following types of payments is prohibited, and we reserve the right to monitor for payments that relate to:
- any person listed on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals or if you are a resident, national or agent of Cuba, North Korea, Sudan, Syria, or any other country to which the United States embargoes goods;
- weapons of any kind, including firearms, ammunition, knives, or related accessories;
- controlled substances, including narcotics, prescription drugs, steroids, or related paraphernalia or accessories;
- gambling activities, including sports betting, casino games, horse racing, dog racing, lotteries, games of chance, sweepstakes, games of skill that may be classified as gambling (i.e., poker), or other activities that facilitate any of the foregoing;
- money-laundering or terrorist financing;
- any sort of ponzi scheme, pyramid scheme, or multi-level marketing program;
- goods or services that infringe or violate any copyright, trademark, or proprietary rights under the laws of any jurisdiction;
- debt settlement, refinance, or credit repair services;
- court ordered payments, structured settlements, tax payments, or tax settlements;
- the sale of money orders or cashier’s checks or any money transmitter activity;
- lottery contracts, layaway systems, or annuities;
- counterfeit goods, including fake or “novelty” IDs; purchasing goods from Tor hidden service markets or “Darknet” markets, or any other service or website that acts as a marketplace for illegal goods (even though such marketplace might also sell legal goods); or
- any other matters which we communicate to you that are unacceptable from time to time and which, for example, may be restricted by our and your bank or payment partners.
In the event that we learn that you are making any such prohibited payments, we may suspend or terminate your Account, including on short notice or without prior notice.
7. Disclosures and Disclaimers
GENERALLY: AS A CONDITION OF USING THE SERVICES, YOU ARE REQUIRED TO REVIEW THE FOLLOWING RISK DISCLOSURES AND DISCLAIMERS. YOUR CONTINUED USE OF THE SERVICES IS AN ACKNOWLEDGEMENT OF THESE RISKS AND DISCLAIMERS. THIS IS NOT A COMPREHENSIVE LIST OF THE RISKS AND DISCLAIMERS. ITRUSTCAPITAL RECOMMENDS THAT YOU SEEK ADVICE FROM YOUR FINANCIAL, LEGAL AND TAX ADVISORS.
You understand and acknowledge as follows:
- Role of iTrustCapital: iTrustCapital is not an exchange, funding portal, custodian, trust company, registered or licensed broker, dealer, broker-dealer, investment advisor or investment manager in the United States or elsewhere. All custody, trust and other financial services are provided directly by the Qualified Custodian. iTrustCapital provides a technology interface that provides you the opportunity to engage directly with third parties to use your IRA(s) to engage in Self-Directed Transactions in Digital Currency, and precious metals, and other alternative assets and, if applicable, charges a fee for the Services it provides. iTrustCapital is not a custodian, but as a matter of servicing and onboarding, iTrustCapital, as well as designated third-parties, may act as an administrator in order to facilitate the following, but not limited to:
- Client onboarding and client servicing;
- New user applications;
- Transfer and rollover delivery instructions;
- Dashboard and tech-related issues; and
- Responding to client requests throughout the lifetime of the Account
- No Fiduciary, Broker, or Agency Relationship: iTrustCapital does not contribute to the creation or the expansion of Digital Currency available for sale. iTrustCapital is not an investment specialist, tax specialist, financial planner (certified or otherwise), or retirement advisor, and iTrustCapital does not provide investment advice, tax advice, financial planning services, or retirement planning or retirement-specific advice. No Self-Directed Transaction executed in connection with your Account or the Platform are securities transactions. iTrustCapital is not acting as a fiduciary in respect of you, and does not have any responsibility under the standards governing the conduct of broker-dealers, fiduciaries, investment advisers or investment manager. There is no fiduciary relationship, broker dealer relationship, principal agent relationship or other special relationship between you and iTrustCapital, except as expressly required by law with respect to any affiliated regulated entities such as custodians, in which case such relationship is governed by the agreements with such affiliate. All decisions regarding the Self-Directed Transactions are made by iTrustCapital users.
- Not an Investment Advisor: iTrustCapital is not an investment advisor. No communication by iTrustCapital or its employees, agents, or representatives, through the iTrustCapital Platform, by phone or otherwise, should be construed as a recommendation of any offering of assets, securities or other investment. Instructional and informational content and forms at the Platform are for educational and administrative purposes only and are not intended as investment advice. We assume no responsibility for rendering investment advice with respect to self-directed investments in your Account. It is the sole responsibility of the user to ensure that they receive financial advice from a tax or financial professional. You agree that any information or advice provided by iTrustCapital does not and will not serve as the basis of any investment decision by you.
- Financial Sophistication/Risk Tolerance: The iTrustCapital Platform is intended only for users who fully understand and are willing to accept the risks associated with Self-Directed Transactions and the management of Accounts. Engaging in transactions in alternative assets can be very risky, and users must be able to afford to lose their entire investment.
- Digital Currency Investment Risk: Digital Currencies are highly speculative investments. Digital Currencies are a relatively new asset, and they are not backed by a sovereign government or nation. Digital Currencies, like fiat currencies in general, are not backed by a physical asset and, with exceptions, have no physical, easily transferable form. Digital Currencies currently depend entirely on the public’s willingness to accept the currency as a medium of exchange, and, unlike the U.S. dollar, there is no legal requirement that any provider of goods or services accept Digital Currencies as legal tender. Further, the regulatory framework is unsettled and evolving, and technological advances and developments in Digital Currency mining, competing alternatives, and other variables that might affect the market for such Digital Currencies are unpredictable.
- Risk of Transactions in Precious Metals: Precious metals may be a highly speculative investment. Although such investments are backed by physical assets, they may not be easily transferable, and the value may fluctuate quickly and widely. Precious metals are purchased on an “as is” and “as available” basis without representations, warranties, promises or guarantees of any kind by iTrustCapital.
- Diversification: iTrustCapital does not offer any opinion as to which Digital Currency(ies) and/or precious metals to purchase, in what amount, and for how long you should hold such investment. Nor does iTrustCapital offer any opinion as to what percentage, if any, of your portfolio should be devoted to alternative and highly speculative investments.
- Past Performance is No Guarantee of Future Returns: Historical performance is no guarantee of future results.
- Returns Not Guaranteed: iTrustCapital has not made, nor can it make any guarantee or representation that Digital Currency or any other Self-Directed Transaction made by you will be a profitable investment.
- Assumption of the Risk; Decision to Purchase or Sell Is User’s Alone: You assume the risk of all purchase and sale decisions, and all such decisions are based on your own research, prudence, and judgment. iTrustCapital makes no guarantee or representation regarding your ability to profit from any transaction or the tax implications of any transaction.
- Holding Digital Currency in an Individual Retirement Account: iTrustCapital recommends that you contact your accountants, attorneys and financial advisors regarding all choices and strategies related to your Self-Directed Transactions. iTrustCapital is not a legal or tax professional and does not provide legal or tax advice. iTrustCapital makes no representation or warranty that purchasing Digital Currency for placement in an IRA complies with government regulations or statutes or that current rules and statutes will not change.
- Volatility: The success of a Self-Directed Transaction is dependent in part upon extrinsic economic forces including supply, demand, international monetary conditions, inflation or the expectation of inflation, confidence (or any lack thereof) in the security or technological foundation of the Digital Currency, the emergence of additional alternative currencies, market acceptance, geopolitical events, global tax policies, monetary policies of central banks globally, and an evolving and unpredictable regulatory framework. The impact of these forces on the value of Digital Currencies, or any particular Digital Currency, cannot be predicted. Digital Currency markets can be volatile.
- User Diligence: You are responsible for conducting your own due diligence regarding your Self-Directed Transactions and the parties with whom you entrust your funds and do business. Neither iTrustCapital nor any of its directors, officers, stockholders, employees, representatives, affiliates, agents, or advisors have any liability whatsoever arising from or for any error or incompleteness of fact or opinion in, or lack of care in the preparation or publication of, the materials transmitted through or posted on the Platform or through the iTrustCapital Platform. The information on the Platform does not constitute an offer of, nor the solicitation of an offer to buy or subscribe for, any assets (including without limitation securities) to any person in any jurisdiction to whom or in which such offer or solicitation is unlawful.
- Airdrops: Third parties may sometimes distribute new or different Digital Currencies to Digital Currency addresses (an “Airdrop”). You agree and understand that an Airdrop does not create or represent a relationship between iTrustCapital and the third party and does not subject us to any obligations whatsoever as they relate to that third party. It is in our sole discretion whether or not we will provide any services or support pertaining to an Airdrop. If we choose to provide Services or support relating to an Airdropped Digital Currency, we are not responsible for any errors or discrepancies between our support or services and any third-party communications regarding the Airdrop, such as from the party or parties launching the Airdrop.
- IRA Holding: You acknowledge and agree that: (i) you may be liable for payment of federal and/or state income tax due on distribution(s) from your IRA, regardless of whether or not you elect to have taxes withheld so you should consult a legal, tax and investment advisor before proceeding; (ii) if your withholding of estimated tax is not adequate, you may be subject to tax penalties underestimated tax payment rule; (iii) your state of residence determines the withholding requirement and is determined by your legal address of record; (iv) failure to state a beneficiary will result in the application of state estate law; (v) non‐Roth IRA distributions will generally be taxed as ordinary income and `may be subject to a 10% early withdrawal penalty if taken before age 59½; (vi) distributions from a Roth IRA that are attributable to earnings may be taxed as ordinary income and may be subject to a 10% early withdrawal penalty unless certain conditions are met; (vii) distributions made from any SIMPLE IRA prior to age 59½ and within the first two years of participating in an employer’s SIMPLE IRA plan may be subject to a 25% penalty; (viii) if you request the distribution be mailed to an alternative address and/or paid directly to a third party, you agree that you, as the authorized person, are solely responsible for any adverse tax consequences, and you agree to indemnify and hold harmless iTrustCapital and the Qualified Custodian from and against all losses, costs, liabilities and expenses that may arise as a result of such actions.
- Rehypothecation: Neither iTrustCapital nor the Qualified Custodian participate in any rehypothecation of the user assets. All user assets are held off-balance sheet on a 1:1 basis. iTrustCapital is a software and technology platform that gives you access to a third-party qualified IRA custodian for the custody of user assets. The Qualified Custodian is a U.S. regulated state-chartered trust company. As a qualified custodian, it holds user assets in IRAs solely for the benefit of (FBO) each user.
- Fees: iTrustCapital, along with the Qualified Custodian, may from time to time, at their sole discretion, enter into agreements with third parties under which iTrustCapital will be paid certain fees. These agreements may be for, but are not limited to, integrated services, transaction execution, regulatory compliance, and other technology services. iTrustCapital and the Qualified Custodian also reserve the right to explore and implement new product features in addition to opportunities of altering the way Account holders are charged for the Services, including transaction fees, monthly fees, rebates, and other administrative product or service-related fees.
- Fork Handling: The blockchain made available for your Digital Currencies may be subject to “forks.” Forks occur when some or all persons running the software for a particular blockchain system adopt a new client or a new version. Some forks are “contentious” and thus may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. iTrustCapital does not assume any responsibility to notify you of pending, threatened or completed forks. You assume full responsibility to independently remain apprised of and informed about possible forks, and to manage your own interests in connection therewith.
- Insurance Risk: Insurance and indemnity is not provided by iTrustCapital for these and other risks associated with the Platform. You are advised to obtain your own insurance coverage.
8. Modifications to the Platform Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
9. Use and Storage
You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate Accounts that are inactive for an extended period of time, and that we may require any balances in those Accounts to be transferred to another provider. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
10. Consent to Receive Communications
To provide you with the best possible service in our ongoing business relationship, we may need to contact you about your Account or the Services from time to time by text messaging, SMS, push notifications, physical mail, and/or email. However, we must first obtain your consent to contact you about your Account or the Services because we must comply with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act, and their related federal regulations and orders issued by the Federal Communications Commission (FCC).
Your consent is limited to your Account and the Services, and as authorized by applicable law and regulations. Your consent does not authorize us to contact you for telemarketing purposes (unless you otherwise agreed elsewhere). You certify, warrant, and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.
With the above understanding, you authorize us to contact you regarding your Account, the Services, and/or marketing and advertising regarding the Services until you terminate your Account using any telephone numbers, email addresses, physical mailing addresses, SMS, or in app push that you have previously provided to us or that you may subsequently provide to us. You agree we, our affiliates, agents, or service providers may contact you in any way, including by email, SMS messages (including text messages) and calls using prerecorded messages or artificial voice at any phone number you have provided to us, including any mobile phone number, as well as any address in our records or in public or nonpublic databases. You understand that you are not required to provide consent to receiving SMS communications as a condition to accessing our Services or products. You may withdraw your consent to SMS communications by replying STOP to the SMS message, or by contacting us at [email protected].
You are responsible for any and all charges, including fees associated with text messaging, imposed by your communications service provider. You also agree to receive alerts about your Account activity, balances, payments, suspicious activities, and other matters involving your use of the Platform or the Services through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted and may include your name and information pertaining to your Account or use of the Platform. We may terminate your use of push notifications at any time without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or device.
This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voicemail, and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device. If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us. To revoke the consent provided pursuant to this subsection, you must send 10 days’ prior written notice of such revocation to [email protected].
We may monitor or record phone calls for security reasons, to maintain a record, and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation. We are not required to act upon instructions you give us by voice mail or on a telephone answering machine.
11. Conditions of Use; Restrictions
Account Suspension & Closure: We may, in our sole and absolute discretion, without liability to you or any third party, refuse to let you open an Account, suspend your Account, or terminate your Account or your use of one or more of the Services. Such actions may be taken as a result of Account inactivity, failure to respond to customer support requests, failure to positively identify you, non-payment of fees, legal or regulatory reasons, or your violation of these Terms of Service. If you have a balance remaining in an Account which has been suspended or closed, you will be able to recover such funds, unless prohibited by law or a court order or where we have determined that such funds were obtained fraudulently. We have full discretion as to the means by which you will receive such funds following our decision to return such funds. We reserve the right to require you to provide further identifying information before processing such withdrawal or transfer requests and to delay or prohibit such withdrawal or transfer if we believe fraudulent or illegal activity has occurred. If you are unable to login to your Account, you will need to contact us at [email protected] to process such withdrawal. You may terminate this agreement at any time by closing your Account and discontinuing use of the Services. Upon termination of this agreement and your Account, you remain liable for all transactions made while your Account was open.
User Conduct: You are solely responsible for all User Content (defined below) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or that we prohibit. You agree to not use the Services to:
- violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
- intentionally try to defraud (or assist in the defrauding of) iTrustCapital or other iTrustCapital users;
- provide false, inaccurate, or misleading information;
- take any action that interferes with, intercepts, or expropriates any system, data, or information;
- partake in any transaction involving the proceeds of illegal activity;
- transmit or upload any virus, worm, or other malicious software or program;
- interfere with the proper functioning of the Services;
- attempt to gain unauthorized access to other Accounts, the Platform, or any related networks or systems;
- engage in any potentially harmful acts directed against iTrustCapital or the Services, including violating any security features of the Services and introducing viruses, worms, or similar harmful code into the Services;
- use the Services on behalf of any third party or otherwise act as an intermediary between iTrustCapital and any third parties;
- collect any user information from other iTrustCapital users, including email addresses;
- infringe any intellectual property rights of any person or entity;
- defame, harass, or violate the privacy or intellectual property rights of iTrustCapital or any other iTrustCapital users; or
- upload, display or transmit any messages, photos, videos, or other media that contain illegal goods, pornographic, violent, obscene, or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.
Fees: To the extent the Services or any portion thereof is made available for any fee, you will be required to select a form of payment and provide information to us regarding your form of payment. A full list of iTrustCapital fees for your Account can be found on our Pricing and Fees Disclosures page. You represent and warrant to us that such information is true, correct, and accurate, and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address) that may occur. You agree to pay to us the amount that is specified in accordance with these Terms of Service. If you dispute any charges, you must let us know within 60 days after the date that we charge you. We reserve the right to change our prices and any applicable waivers at any time and from time to time and may offer special offers or reduced pricing to certain users from time to time in our sole discretion. If we do change our prices, we will provide notice of the change on the Platform or in an email to you, at our option, at least 30 days before the change is to take effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. You are responsible for paying any tax, legal or financial advisors, all taxes associated with the Services other than U.S. taxes based on our net income and any fees charged by third parties for you to access or use the Services.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns to online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
Illegal Transactions and Internet Gambling: You must not use our Services or your Account for any illegal purpose, for internet gambling or to fund any account that is set up to facilitate internet gambling. We may deny transactions or authorizations from merchants or other sources that are apparently engaged in or are identified as engaged in the internet gambling business.
Resolving Unpaid Obligations or Other Obligations: We reserve the right to liquidate and/or debit assets in an Account to discharge any obligations the Account holder(s) may have to us, and to do so without further notice or demand. For example, if you have bought digital assets but not paid for them, the Qualified Custodian can sell them themselves and use the proceeds to settle the purchase. Note that at any time, your available balance may be reduced to cover obligations that have occurred but not yet been debited. We reserve the right to use the provisions described in this section at any time, except in cases involving retirement accounts when these provisions would conflict with the Employee Retirement Income Security Act of 1974 (ERISA) or the Internal Revenue Code of 1986, both as amended.
Updates: The Software and Services are evolving, and you may be required to accept or install updates to the Software, or update third party software (i.e., browsers or OS) in order to keep using the Software or Services or access their latest features, including security updates. We may update the Software and Services at any time, without providing notice.
Social Media Usage and Engagement: We reserve the right to temporarily or permanently suspend any user on iTrustCapital’s social media channels if we deem their contribution to be counterproductive to our brand or client experience. Genuine clients may submit a request to be reinstated to iTrustCapital’s social media channels by reaching out via Help.iTrustCapital.com.
12. Third Parties
Third-Party Account Information: To use the Services, you may direct iTrustCapital to retrieve your transaction history, balance information, and/or other information maintained by third parties with which you have relationships, maintain accounts, or engage in financial transactions (“Third-Party Account Information”). iTrustCapital works with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes and to offer you other iTrustCapital products and services that may be of interest to you. By using the Services, you authorize iTrustCapital to access this information maintained by such third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. iTrustCapital may, but is not required to, review the Third-Party Account Information for accuracy, legality, or non-infringement, and iTrustCapital is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will correspond to the information provided by third parties, and that this information may not reflect pending transactions or other recent activity.
Third Party Material: Under no circumstances will we be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content, but that iTrustCapital and our designees will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, we and our designees will have the right to remove any content that violates these Terms of Service or that we deem, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Third-Party Websites: The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
Third-Party Information: iTrustCapital makes no representation as to the completeness or accuracy of the information provided by any third party on the iTrustCapital Platform. iTrustCapital does not endorse or represent the reliability or accuracy of any content or information distributed through or accessed from the iTrustCapital Platform and has not performed any investigation into such information. By using the iTrustCapital Platform, you acknowledge and agree that iTrustCapital does not provide any representation, warranty, or assurance of any kind with respect to the nature, quality, validity, or legality of any information posted to the iTrustCapital Platform or offering of securities by any issuer. iTrustCapital shall have no liability for any Self-Directed Transaction decisions made based upon such information. You take the sole risk in any reliance upon any content or information distributed through or accessed from the iTrustCapital Platform.
Third-Party Errors: iTrustCapital is not responsible for errors made by you or third parties when onboarding, offboarding, or otherwise interacting with iTrustCapital Services.
Third-Party Distribution Channels: We may offer Software applications that may be made available through the Apple App Store, Android Marketplace, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services. Further, you may be consenting to share certain personal information with us when you install one of our Software applications through a Distribution Channel.
13. Mobile Services
Some of the Services are available via a mobile device, including: (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). Any Software we make available to you for the Mobile Services is licensed only for use on the specific mobile device owned by you for which the Software was initially downloaded. To the extent you access the Services via a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber and device details, if available, to us and our service providers for the duration of the business relationship, solely for identity verification and fraud avoidance.
Apple-Enabled Software: With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
iTrustCapital and you acknowledge that these Terms of Service are concluded between iTrustCapital and you only, and not with Apple Inc. (“Apple”), and that as between iTrustCapital and Apple, iTrustCapital, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with these terms and conditions set forth for Apple-Enabled Software in, or otherwise be in conflict with, the applicable Apple App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the terms and conditions set forth in the Apple App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be iTrustCapital’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
iTrustCapital and you acknowledge that iTrustCapital, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between iTrustCapital and Apple, iTrustCapital, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to iTrustCapital as follows: [email protected].
iTrustCapital and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
14. Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are proprietary to iTrustCapital and are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform, the Services, or Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Platform and the Services or distributed in connection therewith are the property of iTrustCapital, and our partners (the “Software”). Subject to your compliance with these Terms of Service, iTrustCapital grants you a non-assignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Software on computers or mobile devices you own or control solely for your personal or internal business purposes. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by iTrustCapital. The iTrustCapital name and logos are trademarks and service marks of iTrustCapital (collectively, the “iTrustCapital Trademarks”). Other iTrustCapital products, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to iTrustCapital. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the iTrustCapital Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of the iTrustCapital Trademarks will inure to our exclusive benefit.
Feedback. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Feedback”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright Complaints: We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to iTrustCapital’s copyright agent (“Copyright Agent”) at [email protected] (Subject line: DMCA Takedown Request). You may also contact us by mail at: ITC2.0,Inc., 2372 Morse Ave #966 Irvine, CA 92614.
Copyright Notices: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also in our sole discretion limit access to the Services and/or terminate the Account of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
15. Indemnity and Release
You hereby irrevocably release, and agree to indemnify and hold iTrustCapital, and its officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to: (i) your use of, or inability to use, the Services; (ii) our taking any action or not taking any action that we are entitled to take pursuant to these Terms of Service and applicable law; (iii) any action or omission by you in violation of these Terms of Service or applicable law, rules or regulations or gross negligence or willful misconduct; (iv) your violation of any rights of another party, including any other users of the Services; or (v) our action or inaction in reliance upon oral, written or electronic instructions or information from you. iTrustCapital may, at its own cost, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with iTrustCapital in asserting any available defenses. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
16. DISCLAIMER OF WARRANTIES
YOUR USE OF THE PLATFORM, SERVICES AND SERVICES CONTENT IS AT YOUR SOLE RISK. THE PLATFORM, SERVICES AND SERVICES CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ITRUSTCAPITAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ITRUSTCAPITAL MAKES NO WARRANTY THAT (I) THE PLATFORM, SERVICES OR SERVICES CONTENT WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM OR SERVICES WILL MEET YOUR EXPECTATIONS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT iTRUSTCAPITAL WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, INCLUDING LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES (IN EACH CASE EVEN IF ITRUSTCAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL ITRUSTCAPITAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID ITRUSTCAPITAL IN THE SIX (6) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
18. NO LEGAL, TAX, OR FINANCIAL ADVICE
The tax treatment of Digital Currency transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from these transactions. You are solely responsible for reporting and paying any applicable taxes arising from the Services and all related transactions. You should conduct your own due diligence and consult your advisors before making any decision to engage in Self-Directed Transactions. ITRUSTCAPITAL DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE PLATFORM OR THE SERVICES. ITRUSTCAPITAL IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. ITRUSTCAPITAL ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISIONS.
19. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Dispute Resolution. This dispute resolution provision (this “Dispute Resolution Provision”) sets forth the terms and conditions for resolution of any dispute, disagreement or claim (including initial claims, counterclaims, crossclaims and third-party claims, in each case whether based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law, and equity) arising out of or relating in any way to your access to or use of the Services or the Platform, any communications you receive and any products sold or distributed or service provided through or in connection with the Platform, or these Terms of Service (including any prior or amended versions hereof), including the obligations of the Parties under and the interpretation of these Terms of Service and including the validity, enforceability or scope of this Dispute Resolution Provision, whether arising during the term or after termination (each, a “Dispute”). As used in this Dispute Resolution Provision, the terms “we” and “us” will for all purposes mean iTrustCapital, our wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns, and our agents, employees, directors, and representatives. In addition, “we” or “us” will include any third party using or providing any product, service or benefit in connection with the Services (including third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Dispute Resolution Provision, the terms “you” or “yours” will mean all persons or entities using the Services.
Complaint Process. If you have a Dispute with iTrustCapital, you agree to first contact us to attempt to resolve any such dispute amicably. If we are unable to resolve the Dispute through the support team, you agree to use and complete the complaint process as set forth below (the “Complaint Process”) before filing any arbitration claim, small claims court action or other proceeding as permitted under this Dispute Resolution Process. If you do not complete the Complaint Process, then you agree that your claim or action must be dismissed from arbitration or small claims court. You shall initiate the Complaint Process by completing and submitting the complaint form, which can be requested from ITrustCapital Customer Support. You should describe your dispute, how you would like us to resolve the complaint, provide your support case number, and any other relevant information. If you prefer to send a written complaint via mail, please send the above information to ITC2.0, Inc., 2372 Morse Ave #966 Irvine, CA 92614.
We will acknowledge receipt of your complaint form after you submit it. An iTrustCapital customer relations agent will review and evaluate your complaint based on the information you have provided and information in the possession of iTrustCapital. The Complaint Process is completed when we respond to your complaint.
You and iTrustCapital agree that, subject to the Complaint Process described above, every Dispute will be resolved solely by binding arbitration, rather than in court, except that: (1) you and iTrustCapital may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court (provided that any appeals from that court may be pursued only in arbitration); and (2) you or iTrustCapital may seek equitable relief in court to enforce this Dispute Resolution Provision or for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). We agree that neither you nor we will have the right to: (1) have a court or a jury decide the dispute; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action in court or in class arbitration; or (4) join or consolidate a claim with claims of any other persons. Arbitration procedures are relatively simpler and more limited than rules applicable in court. The decision of the arbitrator is final, non-appealable and binding.
Upon the election by you or us that a Claim be arbitrated, such Claim will be resolved by arbitration pursuant to this Dispute Resolution Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims will be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you will have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
If either party elects to resolve a Claim by arbitration, that Claim will be arbitrated solely on an individual basis. There is no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Account holders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. NEITHER YOU NOR WE ARE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION, OR TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR ACCOUNT. THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. FURTHER, NEITHER YOU NOR WE HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT, SUBJECT TO THE SECTION TITLED EXCLUDED CLAIMS, OR HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). If you initiate the arbitration, you must provide iTrustCapital a copy of your Request by email at [email protected] or through our registered agent for service of process. The Request must include: (1) the name, telephone number, mailing address, email address of the party seeking arbitration, and the email addresses associated with the applicable iTrustCapital Account(s); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought, including an accurate, good faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Complaint Process as described above in Section 19(b) (if you are the party making the Request); and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request also shall include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery
Any arbitration hearing relating to Claims by or against you will take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. Disputes involving claims, counterclaims, or requests for relief under $25,000, not inclusive of attorneys’ fees and interest, will be conducted solely on the basis of documents you and we submit to the arbitrator. If your claim exceeds $25,000, your right to a hearing will be determined by the applicable arbitration rules. Subject to the arbitration rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. In any case, you and we agree that we will not request more than three depositions per side in each arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
This Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration will be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Dispute Resolution Provision will control if it is inconsistent with the applicable Code. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law and, at the timely request of either party, will provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator will not apply the Federal or any state rules of civil procedure or rules of evidence. The arbitrator will take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA.
This Dispute Resolution Provision will survive termination of your Account, your use of the Services, these Terms of Service and any bankruptcy by you or us. If any portion of this Dispute Resolution Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it will not invalidate the remaining portions of this Dispute Resolution Provision, these Terms of Service, or any prior agreement you may have had with us, each of which will be enforceable regardless of such invalidity.
You agree that iTrustCapital, in its sole discretion, may suspend or terminate your Account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including for lack of use, if iTrustCapital believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service or to stop or mitigate any harm or adverse impact on or the security of the Platform, Services, Services Content, or other users or their user data. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. iTrustCapital may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms of Service may be affected without prior notice and acknowledge and agree that iTrustCapital may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Services. Further, you agree that iTrustCapital will not be liable to you or any third party for any termination of your access to the Services.
These Terms of Service, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without iTrustCapital’s prior written consent. iTrustCapital may assign or transfer these Terms of Service, in whole or in part, without restriction.
22. Governing Law
THE TERMS OF SERVICE, THE INTERPRETATION THEREOF AND ANY ACTION RELATED THERETO OR TO THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
23. Electronic Communications
Communications between you and iTrustCapital use electronic means, whether made via the Platforms, Software or Services or sent via e-mail, or whether iTrustCapital posts notices on the Platforms, Software or Services. For contractual purposes, you (1) consent to receive communications from iTrustCapital in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that iTrustCapital provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
24. User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Services and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.
If any portion of these Terms of Service is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
These Terms of Service constitute the entire agreement between you and iTrustCapital and govern your use of the Platform and Services, superseding any prior agreements between you and iTrustCapital with respect to the Services; provided, however, that you may also be subject to additional terms and conditions for products or services (other than the Services) provided by iTrustCapital, as applicable. The Qualified Custodian shall be a third-party beneficiary to the Terms of Service and shall be entitled to the rights and benefits hereunder, including the representations, warranties and disclaimers, and may enforce the provisions hereof as if it were a party hereto. With respect to any disputes or claims not subject to arbitration, as set forth above, you and iTrustCapital agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delaware. The failure of iTrustCapital to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used herein, the term “including” should be read as “including without limitation.” Notices to you may be made via either email or regular mail, or through electronic notices posted to your Account in the Platform. We may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.
27. Notice for California Users
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at ITC2.0, Inc., 2372 Morse Ave #966 Irvine, CA 92614.
Questions? Concerns? Suggestions?
Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.