ITRUSTCAPITAL™ PLATFORM TERMS OF SERVICE
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 AND ITS AFFILIATES. 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 CUSTODY, BANKING, AND TRUST SERVICES PROVIDED TO YOU BY THIRD PARTIES RELATING TO DIGITAL ASSETS (“DIGITAL ASSETS” MEANS A DIGITAL REPRESENTATION OF VALUE THAT CAN BE BOUGHT, SOLD, OR TRADED) AND ALTERNATIVE INVESTMENTS AS SET FORTH HEREIN, ALLOWING YOU TO ENGAGE DIRECTLY WITH SUCH THIRD PARTIES IN TRANSACTIONS IN DIGITAL ASSETS (“SELF-DIRECTED TRANSACTIONS”). IRA AND NON-IRA CUSTODY, BANKING, AND TRUST SERVICES ARE NOT PROVIDED THROUGH THE PLATFORM OR SERVICES BUT ARE PROVIDED TO YOU DIRECTLY BY THE QUALIFIED CUSTODIAN (DEFINED BELOW).
TRANSACTIONS IN DIGITAL ASSETS INVOLVE A SUBSTANTIAL RISK OF LOSS. THE STRATEGIES YOU USE TO ENGAGE IN SELF-DIRECTED TRANSACTIONS ARE YOUR OWN AND YOU ARE RESPONSIBLE FOR THE FINANCIAL RESOURCES YOU INVEST. YOU MUST HAVE THE FINANCIAL ABILITY, SOPHISTICATION, EXPERIENCE AND WILLINGNESS TO BEAR THE RISKS OF SUCH AN INVESTMENT INCLUDING THE POTENTIAL FOR A TOTAL LOSS OF YOUR INVESTMENT. IF YOU DO NOT FULLY UNDERSTAND THESE RISKS, YOU SHOULD SEEK INDEPENDENT ADVICE FROM YOUR OWN 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.
IF YOU ARE NOT A DIRECT CUSTOMER AND ACCESSED THIS PLATFORM FROM A LINK FROM YOUR TRUST SERVICES PROVIDER (“OUTSIDE QUALIFIED CUSTODIAN CUSTOMERS”), PLEASE READ THE OUTSIDE QUALIFIED CUSTODIAN CUSTOMER ANNEX 1 CAREFULLY AS IT MODIFIES THESE TERMS OF SERVICE AS THEY APPLY TO YOU.
IF YOU HAVE A NON-IRA ACCOUNT (ALSO REFERRED TO AS A “PREMIUM CUSTODY ACCOUNT”), SEE ANNEX 2 FOR IMPORTANT INFORMATION ABOUT YOUR ACCOUNT.
1. The Platform and Terms of Service.
Welcome to the iTrustCapital Platform, which is provided by ITC 2.0, Inc. dba iTrustCapital (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 securities of all types but primarily cryptocurrencies, precious metals, other digital assets and other potential alternative assets, including, but not limited to, real estate. These transactions may occur through individual retirement accounts (“IRAs”) or any account type supported by the Platform, and you select, and to receive other associated financial services from third parties. In addition, you may be able to access brokerage services for Securities through the Platform. 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. “Brokerage Services Provider” means a broker-dealer registered with the Securities and Exchange Commission and a member of the Financial Industry Regulatory Authority that provides services for securities market participants. “Brokerage Services” means those services provided by the Brokerage Services Provider.
For individual accounts: “You” and “your” means the person to whom Credentials (defined below) are issued and who is authorized to access the Platform and use the Services as provided in these Terms of Service.
For accounts opened on behalf of an entity: “You” and “your” means the entity and/or the authorized persons acting on the entity’s behalf to access and use the Services. The entity is responsible for any and all activities conducted on its behalf by its authorized persons.
These Terms of Service are a binding contract between you and iTrustCapital and its affiliates, 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 that are disclosed on/within the Platform and we may from time to time revise these Terms of Service, including, but not limited to, fees and charges, by posting them on the Platform which constitutes notice to you. 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, and such changes, unless otherwise stated shall become effective immediately upon us providing notice. 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/or 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.
Your privacy is very important to us. All personal information that is provided by you to, or otherwise collected by, the Platform will be held, processed and stored in accordance with iTrustCapital’s Privacy Policy (“Privacy Policy”). By accessing the Platform and using the Services, you consent to our collection and use of personal data as outlined therein. Please carefully review iTrustCapital’s Privacy Policy for more information.
2. Third-Party Services.
You will have access to services provided by third parties (collectively, the “Third-Party Services”), including IRA and non-IRA custodial services, transactions in digital assets, precious metals and other custody, banking, trust services, and Brokerage Services. Any Self-Directed Transactions in which you engage will not be with iTrustCapital, but will be directly with such third parties. 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 (“Third-Party Agreement”) of the Third-Party Services (the “Third-Party Services Provider”). For example, IRA custody and trust services are provided to you directly by the custodial services provider designated in our sole discretion (the “Qualified Custodian”), to support IRA customers of the Platform, on the Third-Party Agreement between you and the Third-Party Service Provider(s). We reserve the right to designate which Qualified Custodians and/or Brokerage Services you may access via the Platform. You are responsible for ensuring any Third-Party Agreement(s) allows you to assign the Third-Party Agreement(s) to another Third-Party Service Provider and/or Qualified Custodian that we may designate and/or terminate that Third-Party Agreement at will and without prior notice as we may change Qualified Custodians or Brokerage Service Providers at any time. You hereby acknowledge that the Third-Party Services are provided by such third parties, and not iTrustCapital, through Third-Party platforms which are not owned or controlled by us. At no point is iTrustCapital providing investment advice, making securities recommendations or otherwise executing securities transactions to or for you by enabling access to Brokerage Services made available by Brokerage Service Providers through our Platform.
However, from time-to-time iTrustCapital may directly engage Third-Party service providers to act on our behalf, in whole or in part. To the extent that you are not required to enter into a separate agreement with any of those third parties you agree that you have no direct or indirect causes of action against those third parties, nor shall any of those third parties have any liability to you.
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 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 or other account type that is available through the Platform and enter into an associated agreement with the Qualified Custodian or Brokerage Services Provider. If you create an Account to access the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Account 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. You agree we may, but are not obligated to, provide the Qualified Custodians or Brokerage Service Providers with this updated information. iTrustCapital will not be liable for any adverse effects because 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 the Qualified Custodian(s) that provide Services accessed through the Platform, 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(s) and/or Broker Dealers (based on the services you select), and for the Qualified Custodian(s) and/or Broker Dealers as applicable 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(s) to share the results of any such search along with any collected personal identifiable information with iTrustCapital in connection with your Account.
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.
In addition to Section 3 Access to the Services you agree to the following security requirements:
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You will have and maintain adequate security and control of all digital wallet access information.
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Only Authorized Persons as stated in your Business Account Agreement will request access to the Platform to access your Account(s). iTrust Custodial Services and/or iTrust Capital shall have no liability if someone other than Authorized Persons accesses your Account(s) using Authorized Persons Credentials.
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You will ensure that Authorized Persons will comply with any and all agreements, including but not limited to these Terms of Service.
4. Pricing, Valuation and Self-Directed Transactions
Self-Directed Transactions: Once you have set up and funded your IRA or other account, as applicable, with the Qualified Custodian, you may engage in Self-Directed Transactions in accordance with the terms of the Third-Party Agreement(s) and the IRA or other account agreement or other agreement entered with the Qualified Custodian or Brokerage Services Provider.
Storage: Digital Assets 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, securities or other 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 Platform will vary based on the assets that are made available by the Qualified Custodian or Brokerage Services Provider for purchase and/or 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 or provide pricing in any digital, virtual, or cryptocurrency or any other assets (as those terms are customarily understood in the custody, banking, and trust 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 Assets 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. Pricing in such digital assets may be volatile and subject to material changes as compared to securities in regulated markets. Valuation and performance data is inclusive of liquidity provider transaction fees, where applicable, and iTrustCapital direct transaction fees are displayed separately as well as combined into a total cost calculation, where applicable. iTrustCapital receives compensation from certain business partners/vendors/third parties through revenue sharing or other arrangements that may not be disclosed to you. iTrustCapital will make commercially reasonable efforts to ensure that transaction history information, including associated portfolio holdings, are all 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. If an erroneous transaction occurs, it is your sole responsibility to inform iTrustCapital and the Qualified Custodian within a reasonable time that the error occurred. Failure to report any erroneous transaction (eg, debits or credits to the Account) and any unauthorized transactions initiated through the Account using funds held or accessed through the Account, 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]. Canceling your Account will also terminate your accounts with the Third-Party Service Providers.
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].
6. Account
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 or other account number and Account on the Platform.
iTrustCapital does not provide under these Terms of Service, and the Platform and Services do not include any custodial services. All assets held in an Account opened through iTrustCapital are maintained by the Qualified Custodian or Brokerage Services Provider, whose services are provided solely by the Qualified Custodian or Brokerage Services Provider (and not iTrustCapital) and governed by a separate agreement between you and the Qualified Custodian or Brokerage Services Provider. You acknowledge and agree that: you are required to enter into a separate custodial services agreement with the Qualified Custodian and that iTrustCapital is not a party to that agreement or responsible for the services provided thereunder; that the Qualified Custodian is a separate and independent legal entity, and maybe a Third-Party or may be an affiliate of iTrustCapital; and that, from time to time, iTrustCapital determines which Qualified Custodian(s) are available to you through the platform. iTrustCapital, may remove current Qualified Custodian(s) and/or designate an alternative Qualified Custodian for you or the Platform, including your assets, in which case your agreement with a Qualified Custodian may be assigned to such new Qualified Custodian so long as iTrustCapital acts as agent for such Qualified Custodian, or you may be required to enter into a new agreement with the alternative Qualified Custodian. You agree you are appointing iTrustCapital to act as your limited agent to direct a Qualified Custodian to transfer your assets to another Qualified Custodian, of iTrustCapital’s choosing, and that in doing so, iTrustCapital is NOT acting as a fiduciary. The iTrustCapital Platform and Services are provided subject to your acceptance of and continuing compliance with the Qualified Custodian’s terms and conditions of service. You agree we may instruct the current Qualified Custodian to transfer your assets to the new Qualified Custodian before you enter any Third-Party Provider Agreements. If you do not agree to the new or amended Third-Party Provider Agreement upon receipt, you may close your Account.
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. You understand and acknowledge that if pre-tax funds are contributed to a ROTH IRA such as funds from a traditional IRA or 401(k) account, this may trigger a taxable event, and you are responsible to report the conversion to the IRS when filing your income taxes. You further acknowledge that there is a $75 conversion fee for any such transaction, which may either be charged by credit card provided or deducted directly from the user’s account.
Other Account Types: We may make other non-IRA accounts available to you on the Platform. We recommend you speak with your accountant and/or financial advisor regarding which other types of accounts you may open. Your non-IRA account can be funded by transferring funds or allowed assets in-kind from the custodian of your existing account or with cash via ACH/Wire transfer. Funding a non-IRA with a credit card may be prohibited.
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 or non-IRA platform (as applicable) or custodian or broker dealer. 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 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.
IRA Accounts Only - In-Kind Withdrawals: You may choose to take Qualified or Non-Qualified Distributions from your Individual Retirement accounts at any time. Withdrawals due to the over-funding and/or incorrect funding of a Cash Contribution are not eligible to be taken in-kind with digital assets or precious metals. Any exception to this may be decided by the Qualified Custodian and/or iTrustCapital in their sole discretion. Distributions may be taken in USD or in-kind in any of the assets available on the Platform. Distributions are handled through the Qualified Custodian. Precious Metal distributions are handled directly through Kitco. iTrustCapital and the Qualified Custodian reserve the right to not permit an in-kind distribution at any time for any reason. If an asset is not permitted to be distributed in-kind, you will be provided the option to liquidate the asset to USD to facilitate the withdrawal. iTrustCapital reserves the right to charge you for in-kind distributions if the current US Dollar value of your digital asset does not exceed the network fee charged for the transfer of funds. In the event this occurs, iTrustCapital will charge you the applicable Network fee. For example, if you have $0.50 worth of a digital asset, but the Network fee to move this amount on the digital asset’s network is $2.00 at the time of distribution, iTrustCapital reserves the right to charge you up to $2.00 to complete the transaction.
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 assets/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.
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 Holding Period: Through the Qualified Custodian, you can add funds to your Account via Automated Clearing House (“ACH”). All funds are contributed directly to your IRA or other account type, as applicable, and you cannot transact until the ACH transfer is complete, and the funds are available in your Account; iTrustCapital does not receive or hold your funds (or other assets). ACH transfers may be subject to being recalled for up to 60 days after the transfer (the “Charge-Back Period”). No distribution, transfer-out, or withdrawal requests for funds in your Account via ACH can be made until we have verified deposit of said funds into your Account and 30 days from the deposit has passed (the “Holding Period”) due to the Charge-Back Period. The Qualified Custodian reserves the right to extend the Holding Period to 60 days at its discretion. If the ACH funds are received from your current financial institution and deposited into your Account with iTrustCapital, but are then recalled by your financial institution for any reason, iTrustCapital reserves the following rights: (1) to freeze your Account, and (2) to close your Account if funds are insufficient and not replenished within five days from the date of the initial attempted ACH transfer.
Check and Wire Holding Period: to prevent fraud, the Qualified Custodian has the right to hold funds for 30 days from the originating deposit prior to permitting digital asset and precious metal in-kind distributions and/or USD withdrawals.
iTrustCapital, the Qualified Custodian and/or the Brokerage Services Provider will make every effort to, but are not responsible for, ensuring that you can successfully connect your financial banking or credit institution to the ACH funding widget. If you are unable to utilize the ACH funding feature, a transfer must be made by wire transfer in lieu of an ACH.
You are obligated to adhere to funding instructions during the funding process. You are responsible for ensuring that your current custodian adheres to the funding instructions provided by iTrustCapital and the Qualified Custodian, including, but not limited to, Account / Beneficiary Name, Funding Amount, Memo, and Payable To designations.
Conditional Transactions (Crypto Only): Conditional transactions execute as intended market orders when a specified asset reaches the conditional price you set. iTrustCapital’s proprietary software monitors the asset price, and when the conditional price is triggered, notifies the Qualified Custodian’s liquidity providers to execute an intended market order. The liquidity providers execute and fulfill the transaction(s) at the best possible price, as market conditions allow in real-time. Conditional transactions execute as intended market orders, these are not limit orders. Conditional transactions do not guarantee a specific execution price. For the avoidance of doubt, please note that market orders are subject to market volatility and your conditional price is a trigger for a market order and is not a guaranteed execution price.
Instant Orders (Equities Only): An Instant Order is a one-time buy or sell order that will execute at the best available price.*
*Available liquidity for equities and final pricing are determined by third-party vendors, not iTrustCapital.
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 reflected 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: If the 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 charges) 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 Platform and/or 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.
If 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 PLATFORM/SERVICES, YOU ARE REQUIRED TO REVIEW THE FOLLOWING RISK DISCLOSURES AND DISCLAIMERS. YOUR CONTINUED USE OF THE PLATFORM/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, banking and trust services are provided directly by the Qualified Custodian or Brokerage Service Provider. iTrustCapital provides a technology interface that provides you the opportunity to engage directly with unaffiliated third parties to use your IRA(s) and other account types, as applicable, to engage in Self-Directed Transactions in securities, Digital Assets, and precious metals, and other alternative assets and, if applicable, charges a fee for the Platform/Services it provides. iTrustCapital is not a custodian or broker-dealer, but as a matter of servicing and onboarding, iTrustCapital, as well as designated third parties, may act as an administrator 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
These services are purely administrative in nature and are not Custodial or Broker Dealer obligations.
No Fiduciary, Broker, or Agency Relationship: iTrustCapital does not contribute to the creation or the expansion of Digital Assets 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. With the exception of self-directed transactions with the Brokerage Services Provider, no Self-Directed Transaction executed in connection with your Account, or the Platform are securities transactions. iTrustCapital is not acting as your fiduciary and does not have any responsibility under the standards governing the conduct of broker-dealers, fiduciaries, investment advisers or investment managers. 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 Self-Directed Transactions are made by you.
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 on 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 your sole responsibility to ensure that you 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/Services 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 you must be able to afford to lose your entire investment.
Digital Currency Investment Risk: Digital Assets 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, staking, competing alternatives, and other variables that might affect the market for such Digital Currencies are unpredictable.
Digital Asset Legal Risk: Digital Assets are new forms of assets. The applicable law, including but not limited to laws regarding their ownership, custody and transfer is developing and uncertain. This type of asset poses certain risks that are not present in the case of more traditional asset classes, including the risks of fraud and theft. You understand that you bear such risks and the potential loss or diminution in value of the Digital Assets due to (a) changes or developments in the law or conditions under existing law in which your rights in and to such Digital Assets are not adequately protected, (b) changes in the Platform/Services or its Third-Party Service Providers’ policies or procedures made in the Third Parties’ sole discretion in light of legal, regulatory, operational, security or reputational risks, (c) the determination that a Digital Asset is not eligible for use via the Platform/Services or (d) fraud and theft;
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 Assets 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 Assets or any other Self-Directed Transaction made by you will be a profitable investment.
Assumption of the Risk; Decision to Purchase or Sell Is Yours 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 Assets in an Individual Retirement Account or Other Accounts: 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 Assets for placement in an IRA or other account, as appliable, 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 Asset, cannot be predicted accurately. 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/Services. 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 Assets to Digital Asset 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 Asset, 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 Holdings. 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.
Non-IRA Holdings. Non-IRA holdings, including holdings in Non-IRA Account accessed on the iTrustCapital platform, may be subject to tax consequences. Please work directly with your accountant and/or financial advisor regarding tax consequences related to your Non-IRA holdings.
Fees: iTrustCapital, along with the Qualified Custodian, may from time to time, at their sole discretion, enter into agreements with unaffiliated third parties under which iTrustCapital will be paid certain fees for related services that may or may not impact your fees.. These agreements may be for, but are not limited to, integrated services, transaction execution, regulatory compliance, and other technology services. iTrustCapital and/or 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 Assets 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/Services. 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 Platform/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 iTrustCapital may establish general practices and limits concerning use of the Platform/Services, including the maximum period that data or other content will be retained by the Platform/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 Platform/Services. You acknowledge that iTrustCapital reserves the right, in its sole discretion, to terminate Accounts that are inactive for an extended period (as determined by iTrustCapital), and that we may require any balances in those Accounts to be transferred to another provider. You further acknowledge that iTrustCapital reserves 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 Platform/Services from time to time by text messaging, SMS, push notifications, physical mail, and/or email. When required by the CAN SPAM Act and its federal regulations, we will provide you with an opportunity to opt out of that marketing. CAN SPAM allows us to contact you regarding your transactions without offering you the opportunity to opt- out. However, prior to contacting you using an auto-dialer, 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), and their related federal regulations and orders issued by the Federal Communications Commission (FCC).
Your consent is limited to your Account and the Platform/Services. 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.
You authorize us to contact you regarding your Account, the Platform/Services, and/or marketing and advertising regarding the Platform/Services 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 until you either terminate your Account or opt-out as set forth below. 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. iTrustCapital is 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. iTrustCapital 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].
iTrustCapital 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: iTrustCapital 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 Platform/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. The foregoing is not intended to limit our ability and/or discretion to close your Account. 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. iTrustCapital has 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.
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/Services, or any related networks or systems;
engage in any potentially harmful acts directed against iTrustCapital or the Platform/Services, including violating any security features of the Platform/Services and introducing viruses, worms, or similar harmful code into the Platform/Services;
use the Platform/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 Platform/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 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 us the amount that is specified in accordance with these Terms of Service. If you dispute any charges, you must let iTrustCapital know within 60 days after the date that we charge you. iTrustCapital reserves 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 at 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. Your continued use of the Platform/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 Platform/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 Platform/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 Platform/Services, including as it concerns to online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Platform/ 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 Platform/Services, use of the Platform/Services, or access to the Platform/Services.
Illegal Transactions and Internet Gambling: You must not use the Platform/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: ITrustCapital reserves the right to liquidate and/or debit assets in an Account to discharge any obligations you 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 have not yet been debited. iTrustCapital reserves 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 Platform/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) to keep using the software or Platform/Services or access their latest features, including security updates. iTrustCapital may update the software and Platform/Services at any time, without providing notice.
Social Media Usage and Engagement: iTrustCapital reserves 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 Platform/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 Platform/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 ITrustCapital 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 because 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 Platform/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 Platform/Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. iTrustCapital has no control over such sites and resources and is 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 the 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 Platform/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, including but not limited to Third-Party Service Providers on the Platform. iTrustCapital does not endorse or represent the reliability or accuracy of any content or information distributed through or accessed from the Platform and has not performed any investigation into such information. By using the 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 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 Platform.
Third-Party Errors: iTrustCapital is not responsible for errors made by you or third parties when onboarding, offboarding, or otherwise interacting with the Platform/ 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 the Platform/Services, you agree to comply with all applicable terms of any agreement for such third-party products and services. Further, you may consent 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 Platform/Services via a mobile device, (ii) the ability to browse the Platform/Services 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 Platform/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 iTrustCapital 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 Platform/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 iTrustCapital, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Platform/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 Platform/Services. In connection with your use of the Platform/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 iTrustCapital from accessing the Platform/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 Platform/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 Platform/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 Platform/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.
User Content: With respect to the content or other materials you upload through the Platform or Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant to iTrustCapital and our affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation, modification or improvement of the Platform and Services and the development of additional services, and/or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. We may, in our sole discretion, delete any User Content that we determine violates these Terms of Service. You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these Terms of Service; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of iTrustCapital, its users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (A) transmissions over various networks; and (B) changes to conform and adapt to technical requirements of connecting networks or devices. To the extent that you provide iTrustCapital with, or we may have access to any personal information or any other information that allows us to identify you or any other individual in connection with your use of the Platform/Services, we will preserve, safeguard, and use such information as set forth in our Privacy Policy.
Feedback. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services whether orally or in writing (“Feedback”) which may also include Feedback to our Third Party Services Providers, 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. You grant to iTrustCapital and/or our Third Party Service Providers an exclusive, worldwide, perpetual, fully paid-up, royalty free, and freely assignable and transferable license to use the Feedback for any purpose without payment or restriction. It is further understood that iTrustCapital’s or our Third Party Service Provider’s use of Feedback, if any, may be made by either of us at our sole discretion, and that iTrustCapital nor our Third Party Service Providers in any way shall be obliged to make any payment to you for or make use of any kind of the Feedback or any part thereof.
Copyright Complaints: iTrustCapital respects 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. iTrustCapital 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 Platform/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.
For example, Transfers of Digital Assets may be irreversible and there is no recourse against anyone for the wrongful delivery of Digital Assets to an inadvertent recipient, an inactive (DEAD) wallet address or an invalid wallet addresses and there is currently no method to retrieve the Digital Assets from an inadvertent recipient, an inactive (DEAD) wallet address or an invalid address. The expense and risk of delivery, ownership and safekeeping of Digital Assets, until such Digital Assets have been received by the Platform, shall be borne solely by the Customer. iTrustCapital, its managers, employees and/or affiliates are not responsible for errant transfers due to typographical, computer or human error made/caused by Customer.
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 Asset transactions is generally undetermined at this time at a state and federal level, 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 Platform/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 WILL NOT 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. YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You make the following representations and warranties:
If you are an individual, you are of legal age in the jurisdiction in which you reside and you are of sound mind and body.
If you are a business entity, partnership or other organizations (each, a “Business Entity”), you are duly organized and are in good standing under the laws of the jurisdiction in which you are organized.
You have all the required capacity, authority, and power to enter into and perform your obligations under this Agreement, and this Agreement constitutes a legal, valid and binding obligation and is enforceable against you in accordance with its provisions.
Each time you request assets be transferred via the Platform, there are no claims pending, threatened or encumbrances or other liens on the Assets that may affect the delivery/transfer of the Assets in compliance with these Terms of Service, nor will you allow any of these encumbrances or other liens in the future while the Assets may be accessed via the Platform. You agree that you may not grant any person a lien, security interest, charge or similar rights or claims against the Assets accessed by the Platform.
You will notify iTrustCapital immediately if at any time the representations and warranties throughout these Terms of Service are no longer true and accurate.
You are not, and no transferee of Assets accessed via the Platform is, (a) the target of any economic, financial or trade sanctions or embargoes, export controls or other restrictive measures imposed by the United States of America (including those administered by the United States Department of the Treasury’s Office of Foreign Assets Control), the European Union, any member state of the European Union, the United Kingdom or the United Nations (the “Sanctions”), or (b) located, organized or resident in a country or territory with which dealings are broadly restricted or prohibited by any Sanctions (as of the date hereof, Crimea, Cuba, Iran, North Korea, and Syria), or any such country, territory, entity, or individual described in this clause.
20. 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 Platform/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.
Arbitration.
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.
21. Termination
You agree that iTrustCapital, in its sole discretion, may suspend, restrict, deactivate, cancel, or terminate your Account(s), use of the Platform, or access to any or all Services with immediate effect, for any reason in its sole discretion, and is under no obligation to disclose the details of its decision to take such action. If this were to occur, you would have no more than 30 days to transfer your account to another provider.
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 Platform/Services, or any part thereof, with or without notice. You agree that iTrustCapital will not be liable to you or any Third-Party for any termination of your access to the Services.
You may terminate these Terms of Service at any time by closing your Account and discontinuing use of the Platform/Services. Upon termination of these Terms of Service and your Account, you remain liable for all transactions made while your Account was open.
22. Assignment
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.
23. 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.
24. 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.
25. 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.
26. Waiver / Severability
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 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.
27. General
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 Platform/ 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. 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 Platform/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 these Terms of Service 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.
28. 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.
29. Staking
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Staking Service Rewards. When you hold Digital Assets in your account on the iTrustCapital Platform you may be given the option to earn staking rewards (“Staking Service Rewards”) for certain supported Digital Assets (the “Supported Tokens”) in a third-party proof of stake network via staking services (the “Staking Services”) provided by iTrustCapital, an affiliate, or a third party (the “Staking Services Provider”). By using these Staking Services, you acknowledge and agree that (i) iTrustCapital may use a third party that may or may not be affiliated with, owned, or controlled by iTrustCapital to provide Staking Services; (ii) the availability or use of any Staking Service Provider to provide Staking Services does not constitute an endorsement or approval by iTrustCapital of any such third party; and (iii) the Staking Service Providers may require that your Staked Tokens be transferred on-chain to a wallet, public key or smart contract address not controlled by iTrustCapital.
Staked assets are not subject to the protections of the Federal Deposit Insurance Corporation (“FDIC”), the Securities Investor Protection Corporation, the UK Financial Ombudsman Services, or any other similar protections.
iTrustCapital in its sole discretion will determine from time-to-time which Digital Assets are eligible to be Supported Tokens. You must opt-in to the Staking Services. By opting in to the Staking Rewards, you delegate Supported Tokens to the Staking Services Provider on the underlying blockchain network. In a proof of stake network, transaction validators are chosen using a formula based on the amount of underlying Digital Assets staked by the validator as opposed to computing power (i.e., proof of work). Please visit our Staking FAQ for further details on how proof of stake works.
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Agreement to Staking Terms and Conditions. By choosing to earn Staking Service Rewards, you agree to be bound by these staking terms and conditions stated herein (the “Staking Terms and Conditions”).
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Eligibility. To earn rewards from the Staking Services, you must have an account on the iTrustCapital Platform and you must have all the right, title and interest in the Supported Tokens and full power and authority to transact with all Supported Tokens. You must be a resident of a jurisdiction in which enrolling in Staking Rewards is permitted. iTrustCapital in its sole discretion may restrict the jurisdictions in which enrollment in Staking Rewards is permitted and may modify those jurisdictions at any time without any prior notice. By allowing enrollment in a given jurisdiction iTrustCapital is in no way guaranteeing or ensuring Staking Rewards is permissible in your jurisdiction. You are responsible for making that determination.
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Staking Service Rewards Opt-In. Staking Service Rewards may be made available to you for Supported Tokens on the Platform as provided by the Staking Services Provider. You must opt-in to earn Staking Service Rewards for Supported Tokens via your dashboard on the Platform to be eligible. You acknowledge and agree that, in connection with making the Staking Service Rewards available to you, your eligible tokens may be transferred or delegated, directly or indirectly, to validators or smart contracts that are owned or controlled by the Staking Services Provider. You will not be eligible to receive Staking Service Rewards unless you directly opt-in to the Staking Service Rewards offering.
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Enrollment. You may opt-in to (“Enroll” or “Enrollment”) and withdraw from Staking Service Rewards at your discretion. Staking Service Rewards begins a new Staking Period for each tranche of Supported Tokens that you opt-in to. The Enrollment will be presented to you via your dashboard on the Platform. You must specify the type and amount of the Supported Token you are committing to the Staking Service Rewards program (the “Staked Tokens”). iTrustCapital reserves the right to set a minimum or maximum amount of tokens required for Staking Services Rewards. You are solely responsible for designating the amount and type of Staked Tokens that will be eligible for Staking Service Rewards. Once you initiate the withdrawal of a tranche of Staked Tokens, iTrustCapital will process your request. See Network Restrictions below for restrictions as to when your Digital Assets may be available to you.
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Staking Period. The window in which you Enroll and withdraw from earning Staking Service Rewards will be referred to as the Staking Period. A new Staking Period begins for each tranche of Supported Tokens that you opt-in to.
The Staking Services.
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If you Enroll your Supported Tokens in the Staking Service Rewards on the Platform, the Staking Services Provider will facilitate the on-chain staking of those Supported Tokens on your behalf by acting as a validator on the applicable network for your Staked Tokens. There may be a delay from when you Enroll in Staking Service Rewards and when you start earning rewards because each network protocol’s activation queue determines when rewards start accruing. Unless otherwise stated, iTrustCapital will use commercially reasonable efforts to facilitate the staking of any Supported Token for which you are using iTrustCapital Staking Services. If the Staking Services Provider successfully validates a block of transactions in that Digital Asset, you may earn a staking reward granted by that Digital Asset’s network. Your staking reward will be determined by the protocols of the applicable network.
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iTrustCapital will employ commercially reasonable steps to carry out the instructions provided by you when using the Staking Services. However, you agree and acknowledge that iTrustCapital will not be liable for any delays or errors in carrying out any instructions.
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Staking Rewards; Fees; Payment; Limitations.
If the Staking Services Provider grants Staking Reward Services for your Staked Tokens for any period of time, you may be eligible to receive a portion of the rewards earned, if any, attributable to your Staked Tokens for such period less the aggregate staking fee of the rewards earned, which includes, but is not limited to, any and all applicable Staking Services Provider fees (your “Staking Rewards”). Some of the staking fee is used to pay ‘gas’ fees, third-party fees, and infrastructure costs associated with staking and the remainder is retained by iTrustCapital. Your Staking Rewards will be paid via your iTrustCapital account after the end of the Staking Period, and after the Staking Rewards are received and allocated by iTrustCapital. For example, if you earn $10 in Staking Rewards during the staking period with a fee of 22%, your fees will be $2.20, netting you $7.80 in Staking Rewards, which will be deposited back into your iTrustCapital account. Rewards will be paid out in the Staked Token(s).
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You acknowledge and agree that all Staking Rewards are calculated and disbursed by the underlying blockchain network, and iTrustCapital and the Staking Services Provider shall not be liable to you for any delay, errors, losses, missed or lost Staking Rewards. These include, without limitation, any losses due to changes to the underlying blockchain network, “double spend”, “51%” or other attacks, hard or soft forks, software bugs, errors, technical difficulties or scheduled network upgrades or maintenance activities.
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Network Restrictions. All Staked Tokens may be subject to bonding, unbonding, warm up, cool down, epoch periods, lockup or other restrictions (the “Network Restrictions”) and the Staking Services and Staking Rewards are subject to such Network Restrictions. Staked Tokens may not earn Staking Rewards due to Networks Restrictions. The length of the Network Restrictions periods vary per Digital Asset and the staking term displayed on the user dashboard reflects the length of each Network Restriction for the Supported Token. iTrustCapital may also have additional sale or withdrawal limitations for particular Supported Tokens. If you instruct iTrustCapital to unstake your Staked Tokens, you may not have access to your Digital Assets until the Network makes those Digital Assets available to you after the unbonding period.
The estimated bonding and unbonding periods for the following stakable assets as of July 2026:
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Solana: Bonding and Unbonding - 2-4 days
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Ethereum: Bonding - 42 days; Unbonding – 1-2 days
You agree iTrustCapital does not have any liability as to when the Network makes those Digital Assets available to you. You further agree that iTrustCapital may further delay making those Digital Assets available to you if its business needs so dictate. iTrustCapital may also impose its own waiting period after unstaking before making your Digital Assets available to you. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE MADE YOUR OWN INDEPENDENT INVESTIGATION, REVIEW AND ANALYSIS OF THE APPLICABLE NETWORK RESTRICTIONS OF EACH SUPPORTED TOKEN.
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Slashing. Some Digital Asset blockchain networks subject Staked Tokens to “slashing” if the transaction validator representing those assets incorrectly validates a transaction. If a “slashing” event occurs, your Staked Tokens will be reduced by a predetermined percentage (also known as “Slashing” or “Slashed”), which varies in accordance with the applicable network protocol, and may be significant.
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The provision and operation of Staking Services, including the conditions that give rise to Slashing and the manner in which rewards are generated, calculated and disbursed, is governed by the underlying blockchain protocol for the applicable Supported Token. Neither iTrustCapital nor the Staking Services Provider have the ability to control, direct, modify or otherwise affect the underlying protocol in any way whatsoever.
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Suspension or Termination of Staking Services. From time to time, iTrustCapital and/or the Staking Services Provider may temporarily suspend the Staking Services for any reason including but not limited to changes to a Supported Token’s underlying blockchain network such as “double spend”, “51%” or other attacks, hard or soft forks, software bugs, errors, or technical difficulties; upgrades or maintenance activities of the underlying blockchain network; scheduled maintenance of the Staking Services by the Staking Services Provider; or to comply with applicable laws. Further, you agree that iTrustCapital can terminate the Staking Rewards Service at any time with or without notice to you.
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NO GUARANTEE OF STAKING REWARDS. You have no right to a Staking Reward until it is received by iTrustCapital and all fees have been paid. Staking Rewards will be distributed to your Account following the end of each Staking Period. Unless otherwise specified, the “staking rewards rate” disclosed by iTrustCapital for a particular Supported Token is an annualized historical rate based on numerous factors, including but not limited to the protocol performance and iTrustCapital fees. This rate is an estimate and changes over time. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY NOT RECEIVE ANY STAKING REWARDS FROM ITRUSTCAPITAL OR OTHERWISE IN CONNECTION WITH STAKING SERVICES. ITRUSTCAPITAL DOES NOT GUARANTEE ANY STAKING REWARDS, ANY SPECIFIC STAKING REWARD, OR ANY STAKING RETURN OVER TIME, INCLUDING THE STAKING REWARDS RATES, WHATSOEVER, REGARDLESS OF THE AMOUNT OF STAKED TOKENS OR STAKED PERIOD. PARTICIPATION IN RECEIVING STAKING REWARDS IS DONE AT YOUR SOLE DISCRETION.
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You further acknowledge that: (i) the transfer of Staking Rewards from the applicable Digital Asset Network is not guaranteed and you may not receive the Staking Rewards; (ii) iTrustCapital has no ability to control or influence whether or not a Supported Token transfers any Staking Rewards to you or otherwise complies with its protocol; and (iii) iTrustCapital is not responsible for any failure by the Supported Tokens to transfer Staking Rewards to you, any error or mistake in the transfer of Staking Rewards (including the transfer of Staking Rewards to the wrong wallet), or any other loss, destruction or transfer of Staking Rewards (except to the extent such loss, destruction or transfer resulted directly from the gross negligence, fraud or intentional misconduct of iTrustCapital).
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For certain Digital Assets, the underlying protocols offer stakers the ability to vote on matters related to the governance of protocol-level issues. iTrustCapital may or may not support voting for such assets, and if supported, may cease supporting voting at any time in its sole discretion. TrustCapital or its Staking Service Providers may vote on your behalf or choose to abstain from voting if iTrustCapital or the applicable protocol supports delegated voting. In instances where iTrustCapital or the Staking Service Provider elects to vote, iTrustCapital or the Staking Service Provider will vote in favor of the decision that it believes supports the most use cases for iTrustCapital users.
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STAKING SERVICES PROVIDED AS IS. THE STAKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ITRUSTCAPITAL EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ANY OTHER VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU UNDERSTAND AND EXPRESSLY ACCEPT THAT YOU HAVE NOT RELIED ON ANY ORAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR WARRANTIES BY ITRUSTCAPITAL, THE STAKING SERVICES PROVIDER OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, ADVISORS OR OTHER AGENTS OUTSIDE OF THESE STAKING TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO CONVERSATIONS OF ANY KIND, WHETHER THROUGH ORAL OR ELECTRONIC COMMUNICATION, OR ANY WHITE PAPER RELATING TO ANY SUPPORTED TOKENS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND NOTWITHSTANDING ANY OF THE FOREGOING, iTRUSTCAPITAL WILL HAVE NO LIABILITY UNDER THESE TERMS OF SERVICE. FOR THE AVOIDANCE OF DOUBT, THE WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE IN ADDITION TO, AND NOT IN PLACE OF, THOSE SET FORTH IN ANY OTHER AGREEMENTS YOU HAVE WITH iTRUSTCAPITAL.
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Tax Treatment. Indemnification. You are solely responsible for reporting and paying any applicable taxes arising from Staking Services and all related transactions. You acknowledge that iTrustCapital does not provide investment, legal, or tax advice to you in connection with such election to participate in the Staking Services. You should conduct your own due diligence and consult your advisors before making any investment decision including whether to participate in staking and related transactions. You agree to indemnify and hold iTrustCapital and the Staking Services Provider harmless against any and all liabilities, costs and expenses (including reasonable legal and accounting fees) (collectively, the “Losses”) in connection with any such taxes, including penalties, duties, and interest levied by any tax authority on such Staking Rewards. YOU REPRESENT AND WARRANT THAT YOU HAVE CONSULTED WITH ANY TAX ADVISER THAT YOU DEEM ADVISABLE IN CONNECTION WITH THE STAKING SERVICES, INCLUDING THE RECEIPT OF THE STAKING REWARDS, AND THAT YOU ARE NOT RELYING ON ITRUSTCAPITAL FOR ANY TAX ADVICE.
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Staking Risks. Staking involves considerable risk. The risks summarized below are non-exhaustive and you should conduct your own due diligence on any particular Digital Asset before deciding whether to utilize the Staking Services in connection with that Digital Asset. iTrustCapital makes no recommendation whether to use the Staking Services, and it provides no investment or other advice in connection with your decision to use or not use the Staking Services. Rather, iTrustCapital merely provides the opportunity to use the Staking Services for a Supported Token. We recommend consulting a qualified investment, legal, or tax professional and that you conduct your own due diligence before making any investment decision including whether to participate in Staking Services and related transactions.
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Market Risks. The risk that principal or overall returns could decrease or go negative based on potential decreases in the Staked Tokens asset's value over time, regardless of the APY for staking said Digital Asset. You should consider more than APY when determining which Digital Asset(s) and whether you should stake.
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Slashing Risks. As provided above, the risk that Staked Tokens will be "Slashed," i.e., reduced, in accordance with network protocols for node or validator misbehavior, such as having appreciable downtime or "double signing." Depending on the Digital Asset and its protocol, staked Digital Assets may be Slashed if the nodes or validators they are attached to (A) is non-operational for a certain period of time ("downtime"), or (B) approves of, or "signs," two or more transactions for the same block ("double signing").
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Liquidity Risks. The risk that you may be unable to sell, favorably or otherwise, the principal or staking rewards of certain Digital Assets that you previously decided to stake, either due to limited liquidity on exchanges, decreased market demand, or a number of other factors. Furthermore, certain Digital Assets currently eligible for the Staking Services cannot be unstaked until a future network development occurs. The timing of this and other network developments are uncertain and may never materialize, in which case a staked Digital Assets may never be unstaked and could remain illiquid, resulting in the inability to sell such Digital Assets.
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Idiosyncratic Risk. While Digital Assets that are eligible to be staked share operational similarities, there are certain risks unique to some Digital Assets but not others. For example, Ethereum recently underwent several "forking" events (e.g., the Berlin and London hard forks) that created the Ethereum 2.0 network as part of its transition to a proof-of-stake system. Staked Ethereum will not (and may never) be available for withdrawal until after the Eth.2.0 merge occurs, if ever. You should review the features of each Digital Asset considered for the Staking Services prior to Enrollment.
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Opportunity Costs. The risk that by utilizing the Staking Services you may receive less in Staking Rewards than you would if you ran your own validator node or used another third-party staking services because iTrustCapital or the Staking Services Provider may choose to keep a higher percentage of Staking Rewards and pass on lower returns than other staking service providers.
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Lockup Risk. The risks that certain Digital Assets may require a warm up, cool down, or lock up period, or other Network Restriction as discussed herein, which may affect your ability to earn Staking Rewards or impact your ability to sell the Staked Tokens during advantageous market cycles or periods.
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Rewards Risk. Staking Rewards are not guaranteed, and certain Digital Assets may not provide Staking Rewards immediately and certain node operators or validators may not pay out Staking Rewards regularly or periodically. Therefore, you will need to assess the risks associated with irregular Staking Rewards schedules, which are particular to each Digital Asset.
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No Guarantee of Staking Services. Staking Services uptime is subject to the terms and conditions of the Staking Services Provider. iTrustCapital will employ reasonable measures to make Staking Services available, with the exception of scheduled maintenance and downtime which is done at iTrustCapital’s discretion, but iTrustCapital cannot guarantee uninterrupted or error-free operation of the Staking Services or that iTrustCapital will correct all defects or prevent third-party disruptions or unauthorized third-party access. In the event of such disruptions, any Staked Tokens might not generate Staked Rewards, and withdrawal of Staked Tokens or Enrollment of additional Supported Tokens for staking may not be available.
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Regulatory Risk. The risk that iTrustCapital or the Staking Services Provider is able to provide staking services in connection with the iTrustCapital Platform may be curtailed by legislative or regulatory action. Furthermore, legislative and regulatory changes or actions at the state, federal or international level may adversely affect: (A) the use, transfer, and value of Staked Tokens; (B) the operations and profitability of the iTrustCapital Staking Services; (iii) the tax treatment of the rewards earned from Staking Services; and (iv) your ability to withdraw Staked Tokens in a timely manner or at all.
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Tax Risk. The taxation of Digital Asset transactions is highly uncertain, particularly for retirement accounts. In particular, staking income may be viewed by the Internal Revenue Service (“IRS”) as taxable unrelated business taxable income (“UBTI”) for a retirement account, and the IRS could take a similar view as to net gains and other types of income from cryptocurrency transactions. PLEASE CONSULT A QUALIFIED LEGAL, TAX, OR INVESTMENT PROFESSIONAL WITH RESPECT TO THESE IMPORTANT ISSUES.
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Representations and Warranties. By using the Staking Services on the Platform, you (either you individually, or if a Business Entity, on behalf of the Business Entity’s officers, directors and employees) represent and warrant that: (i) these Staking Terms and Conditions constitute a valid and binding obligation and are enforceable against you; (ii) you have all right, title and interest in and to the Staked Tokens, and the power and authority to agree to these Staking Terms and Conditions; (iii) your access to and use of the Staking Services will not conflict with or violate applicable laws in any material respect, and will not result in a breach or constitute a default under any contract, agreement or commitment binding on you; (iv) You are not Enrolling in the Staking Services to make an investment in iTrustCapital or any Staking Service Providers, but instead, and only, to receive the Staking Rewards Services, nor by participating are you providing a loan; (v) your Staked Tokens are not derived from, and do not otherwise represent the proceeds of any activities done in violation or contravention of any applicable laws; (vi) you are sophisticated and experienced in using and evaluating the Digital Assets and their protocols and related technologies; (vii) You have conducted your own due diligence and analysis of the Supported Tokens and the matters addressed by these Terms of Service in order to determine that you wish to Enroll and delegate your rights to iTrustCapital so that you may participate in the Staking Services; and (viii) You have not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of iTrustCapital in connection with participating in the Staking Services.
30. Stablecoin Rewards
iTrustCapital Stablecoin Rewards Program Terms of Service
Stablecoin Rewards ARE NOT LEGAL TENDER. STABLECOIN REWARDS ARE A DIGITAL ASSET (CRYPTOCURRENCY). iTRUSTCAPITAL IS NOT A BANK OR DEPOSITORY INSTITUTION, AND YOUR iTRUSTCAPITAL IRA, PREMIUM CUSTODY OR ANY ACCOUNT HOLDING STABLECOINS IS NOT A DEPOSIT ACCOUNT AND IS NOT INSURED BY THE FDIC OR SIPC (except to the extent any cash sweep or other FDIC-insured component may separately apply).
1. Stablecoin Rewards Program
If you are eligible to participate in the Stablecoin Rewards Program (the “Program”), you may earn rewards for simply holding certain eligible stablecoins in your Account(s) (including self-directed IRA accounts). Various exchanges, blockchains, or other market participants (“Providers”) offer these incentives for iTrustCapital and/or you to hold certain stablecoins. By participating in this Program iTrustCapital will share a portion of those incentives with you as governed by these Program terms and conditions (which are fully incorporated to the Platform Terms and Conditions). Any applicable custodial agreement or other iTrustCapital or iTrust Capital affiliate’s agreements are also incorporated herein. If you do not agree to these terms and conditions, you must immediately sell out of or transfer out each eligible stablecoin below the eligibility threshold set forth below or opt out of the Program through your Account settings.
iTrustCapital may amend these terms at any time with notice as described above. Continued participation after any amendment constitutes acceptance of the new terms. Rewards rates and availability are not guaranteed and are subject to change based on iTrustCapital eligibility requirements, regulatory guidance, and market conditions.
1.1. Eligibility
So long as you maintain a balance of at least $1.00 of eligible stablecoins in your Account, you will automatically be enrolled and earn Stablecoin Rewards (“Stablecoin Rewards”) as described below. If at any time your eligible stablecoin balance in your Account(s) falls below $1.00, your participation in the Program will be paused until your Stablecoin balance is again $1.00 or greater. Stablecoin Rewards participation is determined at the individual stablecoin level. During any pause, you will retain all Stablecoin Rewards previously accrued but not yet distributed; such accrued rewards will be distributed in accordance with the schedule below. If you close your Account prior to Stablecoin Rewards being distributed, you agree to forfeit those Stablecoin Rewards.
1.2. Source of Rewards
iTrustCapital may earn rewards or income on client stablecoin balances by Client’s holding eligible stablecoins in eligible accounts or wallets at certain exchanges, network protocols, prime brokerages, and/or other financial institutions (jointly referred to as “Providers”). iTrustCapital may offer you loyalty rewards for holding eligible stablecoins. The Stablecoin Rewards may be less any rewards, income or revenue iTrustCapital may earn and will be subject to an iTrustCapital Program fee (the “iTrustCapital Fee”). The iTrustCapital Fee compensates iTrustCapital for administration, custody facilitation, compliance, and operation of the Program. You agree that iTrustCapital may place uninvested client cash into FBO accounts held by iTrustCapital to pre-fund Stablecoin rewards programs in order to obtain the highest “reward” rate offered by Providers, regardless of your participation in the Rewards Program. The amount of your uninvested cash and the amounts held FBO at each Provider are determined in iTrustCapital’s sole discretion.
1.3. Calculation of Stablecoin Rewards
Stablecoin Rewards are calculated and earned daily and paid each calendar month or quarterly, depending upon the Provider, in the form of additional stablecoins. iTrustCapital will distribute Stablecoin Rewards consistent with each Provider’s distribution schedule.
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Stablecoin Rewards are earned daily at the then current Stablecoin Rewards Rate published by iTrustCapital. Stablecoin Rewards rates may vary between the stablecoins.
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The current stablecoins Rewards Rates may be found on the iTrustCapital website and/or in Account dashboards.
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iTrustCapital uses the Balance Method to determine the Stablecoin Rewards you earn for a particular day, using your lowest balance of each stablecoin on the previous business day as that day’s balance. The rate used to determine Stablecoin Rewards earned for a particular day is the then current Stablecoin Rewards Rate for each specific stablecoin divided by 365 (unless it is a leap year, iTrustCapital reserves the right in its sole discretion to divide by 366 during a leap year, but it is not required to).
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Monthly Stablecoin Rewards are usually credited directly to your Account (in the form of additional stablecoins) within the first 10-15 business days of the following calendar month, if distributed monthly.
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Quarterly Stablecoin Rewards are usually credited directly to your Account (in the form of additional stablecoins) within the first 10-15 business days of the following quarter, if distributed quarterly.
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All distributed Stablecoin Rewards are rounded down to the sixth decimal place (i.e. 0.000001 USDC).
1.4. iTrustCapital Fee & Net Rewards Rate
The gross rewards rate paid by Providers may be higher than the net Stablecoin Rewards Rate you receive. The difference constitutes the iTrustCapital Fee and is subject to change at iTrustCapital’s sole discretion. The current net Stablecoin Rewards Rate displayed on the Platform is the rate you will earn after deduction of the iTrustCapital Fee.
1.5. Changes to Rates, Fees, and Program Terms
iTrustCapital reserves the right, in its sole discretion, to:
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Change the Stablecoin Rewards Rate and/or the iTrustCapital Fee at any time;
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Modify, suspend, or terminate the Program in whole or in part;
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Modify these Program terms;
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Pause or terminate your individual participation in the Program.
Rate and fee changes will be posted on the iTrustCapital website and/or in your account dashboard and are effective immediately and do not require any additional notice to you. Changes to other Program terms will also be effective immediately upon posting or upon reasonable notice to you (which may include email or in-app notification). Your continued use of the Platform after ITrust Capital has provided notice constitutes your acceptance of any amendments.
1.6. Tax Reporting
Stablecoin Rewards are generally considered taxable income in most jurisdictions. iTrustCapital will report Stablecoin Rewards to the IRS (and applicable state authorities) as may be required by law, typically on Form 1099-MISC or other appropriate form. You are solely responsible for any tax consequences arising from receipt of Stablecoin Rewards.
1.7. No Guarantee of Rewards
Participation in the Program does not guarantee any specific rate or amount of Stablecoin Rewards. Stablecoin Rewards Rates are variable and may be zero or near-zero at times depending on market conditions, Providers’ rates, and the iTrustCapital Fee. iTrustCapital has no obligation to earn or distribute Stablecoin Rewards if the underlying Provider(s) does not pay stablecoin rewards or the equivalent as determined by iTrustCapital to iTrustCapital for holding eligible stablecoin.
1.8. Definitions
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“Stablecoin Rewards Rate” – the annual simple-interest rate (before monthly compounding and before deduction of the iTrustCapital Fee) at which Stablecoin Rewards are calculated.
Section 31. Automated Strategy Trading — Q by ITC Quantitative Solutions LLC
Q by ITC Quantitative Solutions LLC ("Q") is an automated strategy trading feature available through the Platform that allows you to opt into pre-programmed, rules-based trading strategies that will automatically execute self-directed transactions in digital assets within your account when predefined market conditions and trigger conditions are met. Q is a technology tool developed by ITC Quantitative Solutions LLC, a wholly owned subsidiary of ITC2.0, Inc., that executes automated self-directed transactions in accordance with the rules of the strategy selected by you within your account. Q does not constitute investment advice, financial advice, trading advice, or any other form of professional advice or discretion. iTrustCapital is not your investment advisor, broker-dealer, or fiduciary in connection with your use of Q, and nothing about Q should be construed as establishing any such discretionary relationship.
By opting into a Q strategy, you acknowledge and agree to the following:
Self-Directed Nature. Your election to opt into a Q strategy is your own self-directed decision. You retain full ownership of your digital assets at all times and funds are never loaned, leveraged, re-hypothecated or used for other purposes. Your account is yours alone and is not pooled, combined, or commingled with the accounts of any other user or corporate operating funds. Each transaction executed by Q in your account is a self-directed transaction as defined in these Terms of Service. Your decision to opt into, remain in, or opt out of any Q strategy is solely your own.
You acknowledge that Q strategies may not be appropriate for all investors and that you are solely responsible for determining whether participation in any Q strategy is appropriate in light of your financial circumstances, investment objectives, and risk tolerance.
No Guaranteed Outcomes. iTrustCapital does not guarantee any specific investment outcome, return, or performance in connection with any Q strategy. Past performance of any Q strategy, whether derived from backtesting, walk-forward testing, or live trading results, is net of fees and not indicative of future results. All investments in digital assets involve the possibility of loss, including the total loss of the assets you invest. Q strategies are designed to systematically manage risk through rules-based signals and defined exit conditions, but no strategy can eliminate risk entirely or protect against loss in all market conditions. Back-tested and walk-forward results constitute hypothetical performance and do not represent actual trading by client accounts during the periods presented.
Automated Execution Without Per-Trade Approval. By opting into a Q strategy, you authorize iTrustCapital to automatically execute transactions in your account when the strategy's defined trigger conditions are met, without seeking your individual approval prior to each transaction. You will not receive advance notice of each individual trade before it is executed. You acknowledge that this automated execution is a feature of the strategy you have selected and that you have voluntarily elected to participate on this basis. This authorization will remain in effect unless and until you opt out of any applicable Q strategy at any time in accordance with the opt-out procedures described on the Platform.
Strategy Adjustments and Optimization. iTrustCapital reserves the right, in its sole discretion, to adjust, modify, update or discontinue any Q strategy at any time, including after you have opted in. Such adjustments may include, without limitation, changes to indicator parameters, trigger conditions, position sizing, supported digital assets, or execution methodology. Any such changes will apply to all participants enrolled in the applicable strategy and will not be made on an individualized basis. iTrustCapital will use commercially reasonable efforts to notify you of material changes to a strategy prior to implementation. Your continued participation in a Q strategy following notice of any such change constitutes your acceptance of the modified strategy. If you do not wish to continue in a modified strategy, you may opt out at any time.
Supported Digital Assets and Strategy Availability. Q strategies are currently limited to spot transactions in digital assets designated as eligible by iTrustCapital from time to time. The list of eligible digital assets and available strategies may change at any time at iTrustCapital's sole discretion. iTrustCapital does not represent or warrant that any particular strategy will remain available or that the digital assets supported by any strategy will remain unchanged. Q strategies do not involve leverage, margin, derivatives, futures, options, or any other form of leveraged or synthetic exposure.
Technology and Execution Risk. Q operates as an automated technology system and is subject to risks including, without limitation, system outages, execution delays, connectivity failures, and market conditions that may result in transactions executing at prices different from those anticipated by the strategy's signal. iTrustCapital does not guarantee uninterrupted availability of Q or that transactions will execute at any particular price or time. In the event of a technology failure or system outage, pending strategy signals may be delayed or may not execute. Final Execution Price may vary with market volatility.
No Fiduciary Relationship. Your use of Q does not create a fiduciary, advisory, or discretionary management relationship between you and iTrustCapital. iTrustCapital is not registered as an investment adviser under the Investment Advisers Act of 1940 in connection with the Q feature, and the Q feature is not offered through iTrustCapital's registered investment adviser entity, if any. You are not entitled to the fiduciary protections afforded to clients of registered investment advisers in connection with your use of Q.
Fees. Execution prices include all iTrustCapital fees, which are disclosed at https://www.itrustcapital.com/Q. In addition, iTrustCapital reserves the right to charge a monthly subscription fee for access to the Q feature, which may be collected via credit card or such other payment method as iTrustCapital may designate from time to time. Fee amounts and structures are subject to change at iTrustCapital's sole discretion, and any applicable fees will be disclosed to you prior to or at the time of your enrollment in the Q feature. Your continued use of Q following notice of any fee change constitutes your acceptance of the updated fee structure. You agree to authorize iTrustCapital to charge your designated payment method for any recurring subscription fees associated with your access to Q. You also acknowledge that the monthly subscription fee is determined based on the aggregate USD value allocated across the Q strategy(ies) you have opted into. You must read and understand the subscription tiers and agree to the corresponding recurring charges. You also understand that cancelling your subscription requires opting your funds out from all "Q" strategies.
Tax Disclosure. Each transaction executed within your account through Q, including any purchase or sale of digital assets, may constitute a taxable event under applicable federal, state, and local tax laws. iTrustCapital does not provide tax advice, and nothing about Q or these terms should be construed as tax guidance. You are solely responsible for determining the tax consequences of your participation in Q and for fulfilling all applicable tax reporting and payment obligations. iTrustCapital strongly encourages you to consult a qualified tax advisor regarding the tax treatment of automated digital asset transactions in your specific circumstances.
Order Aggregation. To seek favorable execution pricing and reduce market impact, iTrustCapital may aggregate your Q transactions with orders from other clients enrolled in the same strategy and execute them as a single bulk order with our liquidity providers. When orders are aggregated, you will receive an allocation of the execution at the average price obtained across the aggregated order, pro-rata to your position size. iTrustCapital will maintain records of all aggregated executions and individual client allocations. Aggregated execution is intended to benefit clients by reducing slippage, but iTrustCapital does not guarantee that aggregated execution will result in a more favorable price than individual execution in all circumstances.
Strategy Performance Disclosure. Any performance information presented in connection with Q strategies, including backtested results, walk-forward testing results, and live trading history, is net of fees and provided for informational purposes only and is not indicative of future results. Backtested and walk-forward results are derived from historical data and simulated conditions and do not reflect actual trading in client accounts during the periods shown. Actual results will differ from modeled or historical results due to, among other factors, market conditions, execution timing, fees, slippage, and the timing of your individual enrollment in a strategy. iTrustCapital does not represent or warrant that any Q strategy will achieve any particular level of performance, and you should not make investment decisions based solely on historical or modeled performance data.
Strategy Discontinuation. iTrustCapital reserves the right to discontinue any Q strategy at any time, with or without prior notice, at its sole discretion. In the event a strategy is discontinued, iTrustCapital will use commercially reasonable efforts to notify you in advance of the discontinuation and to describe the effect on any open positions held in your account under that strategy. Upon discontinuation of a strategy, any open positions held in your account will remain in your account and will not be automatically liquidated unless iTrustCapital expressly notifies you otherwise. Following discontinuation, you will be responsible for managing any remaining positions in your account. iTrustCapital is not liable for any losses arising from the discontinuation of a strategy or from your management of positions following discontinuation.
No Guarantee of Signal Timing or Frequency. Q strategies are rules-based systems that execute transactions only when defined market conditions and trigger conditions are met. iTrustCapital does not guarantee that any strategy will generate a minimum number of transactions within any given period, and some strategies may remain in a cash position for extended periods of time when market conditions do not meet the strategy's entry criteria. Periods of inactivity or cash positioning are an intentional feature of certain strategies and should not be interpreted as a malfunction or failure of the Q system. iTrustCapital is not liable for any opportunity cost or losses arising from periods during which a strategy does not execute transactions.
Intellectual Property. All Q strategies, including without limitation the indicator combinations, trigger conditions, signal logic, parameter settings, execution methodology, backtesting frameworks, and walk-forward testing methodology developed by iTrustCapital and/or its affiliates, constitute proprietary intellectual property owned exclusively by iTrustCapital and/or its affiliates. Your enrollment in a Q strategy grants you the right to participate in that strategy within your account and does not grant you any ownership interest in, license to, or right to reproduce, reverse engineer, distribute, or otherwise use iTrustCapital's strategy logic or methodology for any purpose. Transaction records provided to you for tax reporting or account purposes reflect your own account activity and do not convey any rights to the underlying strategy methodology that generated those transactions. Any unauthorized use, reproduction, or distribution of iTrustCapital's proprietary strategy information is strictly prohibited and may result in termination of your access to Q and legal action.
Pausing New Enrollments. iTrustCapital reserves the right to suspend or limit new enrollments in any Q strategy at any time.
Deactivation Minimum. If the value of your USD position is below $1,000, or if removing USD would bring the value below $1,000, iTrustCapital may require you to exit the strategy and fully liquidate your position in the strategy.
ANNEX 1 - OUTSIDE QUALIFIED CUSTODIAN CUSTOMERS ONLY
iTrustCapital may limit which products or services you may access through the Platform at any time and in our sole discretion. You will know which products or services are available to you by logging on to the Platform.
You may only make deposits and withdrawals to the Account with fiat currency (i.e. the deposit or withdrawal of Digital Assets is not permitted). Any withdrawals are returned to your Referral Account. You are not permitted to make any changes relating to account ownership and/or beneficiaries and withdrawals may only be made by the Account owner (which must be the same person/entity as the Referral Account owner).
The only Qualified Custodian available to you is the Qualified Custodian from which you were referred to the Platform. As such, the language above regarding iTrustCapital instructing your Qualified Custodian to transfer your assets to another Qualified Custodian does not apply to you. We reserve the right to terminate our relationship with your Qualified Custodian at any time without prior notice. If we terminate our relationship with your Qualified Custodian you must close your Account within sixty (60) calendar days. If you fail to do so, we will liquidate your Account in our sole discretion and transfer your funds to your linked account with your Qualified Custodian (“Referral Account”). In no event will we be liable for any loss in value that you may experience.
ANNEX 2 – NON-IRA ACCOUNT CUSTOMERS ONLY
Administrator. Non-IRA Accounts (also referred to as “Premium Custody Accounts” or “PCA”) are administered by iTrust Custodial Services LLC, a wholly owned subsidiary of ITC2.0, Inc. All inquiries, applicable tax documentation, and account servicing will be provided through the Platform, but will be the sole responsibility of iTrust Custodial Services LLC (“iTrust Custodial Services”).
Premium Custody Account Storage. Premium Custody Account assets are held with US-based custodians, which may be a third-party in iTrust Custodial Services’ discretion. Assets held within Premium Custody Accounts, whether USD, precious metals, or Digital Assets, may be stored with designated vendors and custodians of iTrust Custodial Services’ choosing, including, but not limited to, Qualified Custodians. Even though iTrust Custodial Services chooses these custodians, you are still self-directing all transactions.
Digital Asset Deposits. iTrust Custodial Services in its sole discretion may allow you to deposit Digital Assets directly onto the Platform through the custodians and institutional storage providers. By proceeding with the steps (and criteria) outlined in the iTrustCapital dashboard, you agree to the terms of this feature. You agree to keep any and all security and verification steps secure and confidential.
You may fund or withdraw from your PCA account with USD or Digital Assets. In-kind Digital Asset withdrawals must meet the minimum amount requirement, which iTrustCapital may set at its discretion. All in-kind Digital Asset withdrawals are subject to a standard transaction fee, which is disclosed at https://www.itrustcapital.com/pricing. To fund or withdraw USD or Digital Assets from your PCA account, follow the instructions in your dashboard or our support page (https://help.itrustcapital.com/hc/en-us). When making in-kind Digital Asset withdrawals, those withdrawals will be processed and delivered solely in the same type of Digital Asset as the Digital Asset credited to your Account; substitutes of any kind are not permitted. A minimum in-kind withdrawal amount may also apply as disclosed within the Platform. iTrustCapital is not responsible for losses arising if you provide an incorrect or incompatible address or network selection.
PCA In-Kind Deposit Phone Calls: If you have a PCA In-Kind Deposit Phone Call with a member of our team to walk through making a crypto deposit, you acknowledge that iTrustCapital makes no representation or warranty as to the successful movement of crypto from your sending wallet or platform to the iTrustCapital platform, and does not have any liability for decisions, selections, or actions taken by you during the transfer process.
ANNEX 3 - BUSINESS/ENTITY ACCOUNTS
This Annex applies to you if you have a Business/Entity Account on the Platform.
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Additional Representations and Warranties. The representations and warranties in the Business/Entity Account Agreement, Section 3.1 Client Representations, are incorporated into these Terms of Service by reference.
ANNEX 4 - AFFILIATED ALTERNATIVE INVESTMENT FUNDS
Through use of this dashboard, iTrustCapital may offer information concerning certain affiliated alternative investment funds that may be exempt from registration under Advisers Act and/or the U.S. Securities Act of 1933, as amended (the “33 Act”). These services allow you, as a potential investor, to review information on certain investment options managed and/or advised by our affiliate ITC Advisory Services, LLC (“ITC Advisory”), to consummate or submit redemption requests in respect of these investment options. ITC Advisory is registered with the Securities and Exchange Commission (“SEC”) under the Investment Advisers Act of 1940, as amended (“Advisers Act”).
Neither the SEC nor any federal or state securities commission or regulatory authority has recommended or approved any investment or the accuracy or completeness of any of the information or materials. These investments will not be registered with the SEC or any state regulator.
None of the information contained in the dashboard constitutes a recommendation, solicitation or offer by iTrustCapital to buy or sell any securities or other financial instruments or provide any investment advice or service. The information contained in the dashboard has been prepared without reference to any particular individual’s investment requirements or financial situation. Neither ITC Advisory, iTrustCapital, nor any of their officers, directors, agents and employees makes any warranty, express or implied, of any kind related to the adequacy, accuracy or completeness of any information.
The information and services provided on the dashboard are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable law of any governmental authority or regulatory or self-regulatory organization or clearing organization or where iTrustCapital is not authorized to provide such information or services. Some products and services described in the dashboard will not be made available in all jurisdictions and to all potential users.
No offer or invitation or solicitation to purchase securities will be made prior to the delivery of definitive documentation relating to the specific securities being offered. Before making an investment decision with respect to any investment, potential investors are advised to carefully read the related final documentation and offering memorandum.
Some of the statements in the offering materials may be forward-looking statements or predictions of future outcomes. Actual results may differ materially from those projected due to a variety of factors.
The investment opportunities provided are “private offerings” of securities that are not publicly traded, are subject to holding period requirements, and are intended for investors who do not need a liquid investment. Investments in private offerings are speculative and involve a high degree of risk and those investors who cannot afford to lose their entire investment should not invest in such offerings. These investments are not bank accounts and are subject to FDIC insurance.
This section is intended to address U.S. regulatory requirements applicable to “advertisements,” as defined in Advisers Act Rule 206(4)-1 (the “Marketing Rule”). The Marketing Rule sets forth, among other things, certain content standards and disclosure requirements applicable to the marketing of private funds (which includes third-party testimonials and endorsements) advised by SEC-registered investment advisers. Certain of iTrustCapital’s affiliates advise private funds that appear on the dashboard, including “access funds” that typically exist for the purpose of investing in third-party managed funds.
You understand that the dashboard contains information regarding iTrustCapital’s and its affiliates’ services and activities, including with respect to private funds, which may constitute an “advertisement” as defined under the Marketing Rule. Unless and only to the extent otherwise permitted under any other terms of service, your access to the dashboards is not intended to permit you to engage in, and you are not authorized to and shall not engage in (nor are you authorized to, nor shall you, direct or otherwise permit any third party to engage in), any communication which is or contains an “advertisement,” “endorsement,” or “testimonial” (as each such term is defined under the Marketing Rule) of iTrustCapital, ITC Advisory or any fund listed on the dashboard platform, and you shall not use any information or materials obtained from or in connection with any dashboard for such purposes.
In any event and notwithstanding the foregoing, to the extent you are an “investment adviser” as defined in the Marketing Rule, all of your activities, including, without limitation, those in connection with your use of any dashboard, shall be in accordance with all aspects of the Marketing Rule applicable to or in respect of such activities, iTrustCapital, ITC Advisory or any fund listed on the dashboard.
You understand that, as a result of the relationship between iTrustCapital and ITC Advisory and its and their affiliates, (i) iTrustCapital is, or may be, financially compensated for such arrangements through payment of, as applicable, servicing or similar fees (which are calculated as described in documents pertaining to securities offerings of iTrustCapital, ITC Advisory and their affiliates and (ii) the existence of such compensation may create conflicts of interest whereby, for example, iTrustCapital or its affiliates may (a) be more inclined to establish access funds upon terms and conditions more favorable to ITC Advisory than iTrustCapital would otherwise agree to in the absence of such compensation; (b) be more inclined to make positive statements about ITC Advisory and its affiliates in order to encourage investors to make a larger commitment to the securities offered by ITC Advisory and their affiliates, thereby increasing the fees paid to iTrustCapital or its affiliates; or (c) to vote or exercise consent rights, if any, in respect of interests in underlying securities held by access funds in a manner more favorable to ITC Advisory.
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