Terms and Conditions
Effective as of February 8th, 2019:
Welcome to TrustT. Please read our Terms and Conditions of use carefully. This Agreement takes effect upon Customers’ acceptance of these terms. The relationship between TrustT and the customer shall be defined and governed by this Agreement including the fact of resolving any disputes that may arise between TrustT and its customers by arbitration on an individual basis and not any involvement of class actions or jury trials.
Thank you for choosing TrustT (“TrustT”, “we”, “us”, “our”). By signing up or otherwise using TrustT service, Software Applications, websites, and coins (“TrustT Service” or “Service”), or accessing any content or products made available by TrustT you are entering into a binding contract with TrustT LLC.
2. TrustT legal identity:
TrustT services are provided by “TrustT LLC”. TrustT LLC is a private Limited Liability company registered in the United States at Delaware.
In these Terms and conditions references to TrustT and TrustT services mean TrustT LLC wherever the context requires a legal entity referral, unless an alternative entity is named or referenced.
3. Deemed acceptance and prevailing versions:
A user becomes an official customer of TrustT by signing up through TrustT website or TrustT App. To do so, a user is supposed to accept TrustT Terms and Conditions which clearly defines the entire business relationship between TrustT and its customer.
TrustT Terms and conditions of Business are effective as of February 8th 2019. Occasionally we may, in our discretion, make changes to the Agreements. Once we make any material change or modification to our Terms, TrustT will provide you with 30 days’ notice by publishing the modified latest version of the Terms and conditions on the TrustT website as well as sending a notice to the user email address provided to the TrustT Network. Please note that your continued use of TrustT services after the 30-day notice period will constitute your acceptance to the updated terms.
During the period of the 30-day notice, TrustT customer has the complete right to terminate our business relationship under the previously approved Terms and Conditions. The termination of the contract could be fulfilled by selling TrustT coins, withdrawing the full balance of your funds and sending a written notice asking for your account to be closed. If the termination process is not effected as described previously, your continued use of our services will be deemed acceptance thereof.
Customers opening new accounts during the 30-day notice period are automatically approving our upcoming modified Terms and Conditions and will be using TrustT services under the new version of the Agreements at the end of the stated 30-day notice period.
4. Agreement Acceptance:
The acceptance of the agreement applies to your TrustT Account as well as your use of the TrustT Platform and any of the services provided to you by TrustT together with the TrustT Platform referred to as the “TrustT services”. By signing up to use the TrustT Platform through the TrustT Website or TrustT Mobile App, you agree that the following terms and conditions will state the contractual relationship between you and us, to be bound by the provisions of this agreement, to comply with all relevant laws of the territory you reside in or any other territory from which you access the “TrustT Services”, the laws or the countries in which the Vaults are located, and including, not limited to, the laws of the United States.
By entering into this contract with TrustT, you are authorizing them to disclose your personal information and documents provided to us to third parties for KYC compliance, or any purposes related to any services we provide to you.
5. You fully understand and agree that:
- The gold backing your TrustT coins recorded in your TrustT Account is held by TrustT as bailee and is stored in a vault chosen by TrustT.
- You are aware that if your TrustT account is not fully verified that you will not be eligible to buy or/ and sell TrustT gold coins. You will only be eligible to Pay and / or request TrustT gold coins.
- Customer must pass our third-party validation requirements to have a validated account. Verified TrustT account will have daily transactional limitations of $10,000 for Purchase, Sell, Withdraw, and Request. TrustT set its minimum purchase amount at $1.
- Money added to your TrustT Account is not considered as a deposit or loan made by you towards TrustT and that your TrustT Account is not a bank Account.
- Any deposit credited to your TrustT Account represents payment for gold you intend to purchase through our Mobile Apps or Website and that will be stored by TrustT in a vault.
- Any available balance in your TrustT account is considered as non-interest bearing security deposit that is held by us as a security against any breach of your obligations under this agreement and could be applied by us to fulfill any obligation you owe us under this contract.
- No interest paid to you on any balance, cash, and Gold available in your TrustT account.
- The gold held and stored by TrustT is insured under the insurance policies applied by the Vault Operators.
- You are allowed only one TrustT Account per mobile phone and mobile phone number. It is your responsibility to ensure the security of your phone and the control of your phone number. If you change your phone or phone number, it is your own duty to notify us through email to re-verify your identity and personal data. If you change your phone or phone number, then it is solely your responsibility to delete the TrustT App and re-install it into your new device. You must immediately contact us in case of stolen or lost phone.
- TrustT has the right to lock your account or close it definitively where there is duplication of transactions from different devices, the account is dormant, and suspicious activities are notified.
- TrustT reserves the right to close any account processing transactions from different devices or any suspicious transactions. A suspicious transaction is defined as but not limited to any reasonable grounds to suspect that the transaction is related to a money laundering offence or a terrorist activity financing offence. TrustT reserves the right to close accounts which are dormant or lock any accounts whenever TrustT considered as necessary.
- It is your responsibility to verify the personal information of your sender and receiver of your Gold and TrustT Coins and any transaction occurred between you, the sender, and the receiver.
6. Our Business Relationship:
By becoming a TrustT customer, you will benefit from our range of services of buying, selling, requesting, paying, and holding Gold through TrustT Coins. We will be providing you with effectively efficient services through our TrustT software application within a highly secure Network. Certain TrustT services are provided to you free-of-charge. Other TrustT services charge a commission percentage fee which is considered as reasonably priced in comparison with any alternatives available in the market.
TrustT will meet its customers’ expectations by providing high end services and earning a profit from commissions and custody fees.
7. Orders Processing:
You confirm reading and understanding all the operational aspects of TrustT system and its terms and conditions and acknowledge the risks related to trading, buying, and selling TrustT gold coins.
You acknowledge that you are eligible to execute buy and sell orders within TrustT system at quantities, prices you have chosen but only when having the required liquidity and resources available at your TrustT wallet to effect immediate settlement. You understand and acknowledge that your order submitted will be effected at the average price of the spot gold prices stated on: Money Metals Exchange, Gold Live! Kitco, and Gold Price Live.
You acknowledge that you are solely responsible for orders executed from your TrustT account to TrustT servers via the internet.
TrustT quotes the spot price of TrustT Gold coins by calculating the average price of the spot gold prices stated on three of the top reliable resources to track gold prices: Money Metals Exchange, Gold Live! Kitco, and Gold Price Live.
You can find below the links that could direct you to these websites:
You accept any prevailing delay that might occur in the execution of your orders and understand that the delay could lead to a slight price difference.
8. User’s Risk Awareness:
User should be aware that trading carried high risk which implies the probability of an investment either underperforming the investor expectations or resulting in a substantial or total loss of capital or/ and initial deposit, and therefore, you should invest what you can afford to lose. TrustT advise its users to have enough educational, risk analysis and chart knowledge skills before considering any investments or trading.
User should be aware of any risks that could be raised from any online factors, online deal execution or any risk related to force majeure. Online factors could include but not limited to server malfunction, internet lag or disconnection, software and hardware delays or glitches, browser crashes. TrustT remain irresponsible for any losses related to any case described in part 7.
a) Force Majeure and acts of God factors:
TrustT is not responsible for any risk related to the force majeure and acts of God factors. Force Majeure and acts of God include and not limited to, war, blockade, embargoes, riots, governmental restriction, labor disturbances, unavailability of anticipated usual means of supplies, transportation or loading facilities, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond its reasonable control.
If any malfunction occurs related to the Gold pricing calculation, any transactional process, fees and commissions charges, and typing errors, TrustT has the right to apply any necessary changes and modifications to the user’s account to fix any trouble that has occurred.
TrustT is not responsible for any losses occurring during the trading process and is not responsible for any recommendations, forecast and advice posted on the website or any trading sites or social media.
To solve any conflicts or errors related to Gold pricing, TrustT will be calculating the average price of the spot gold prices posted on “Money Metals Exchange, Gold Live! Kitco, and Gold Price Live” at the specific time and date that the error has occurred as its reference.
Users are the only responsible for reporting any mistake found on the Mobile Apps history within 24 hours of the order execution. You agree to promptly review the transaction history and any account statements pertaining to your TrustT Account that you receive to ensure that your orders have been executed and that there have been no unauthorized transactions or errors in your TrustT Account.
TrustT does not take any responsibility for the fluctuation of the gold price or TrustT coin price at any given moment in time.
TrustT is not responsible for any tax changes or reforms imposed to Gold or Digital coins by the governments.
9. Non-verified account:
In order to comply with KYC/AML requirement, TrustT must verify its users identity through a third party. Trulioo will be using its automated identity verification to expedite application processing and provide instant electronic identity verification. To do so, user must provide its first name, last name, date of birth, country of residence, Billing Address, phone number and its valid SSN. User will be able to buy, sell, transfer and redeem TrustT Gold coins after account verification.
Your account verification will enable to record all gold and TrustT coins purchased as your legal property. To be able to redeem your physical gold, your TrustT account must be fully verified.
It is the user solely responsibility to understand, obey and fully pay the taxes imposed by the governments on the purchase, sell, and custody of the Gold and any TrustT tradeable assets.
11. Lack of Liquidity within TrustT Network:
TrustT is not responsible for any price fluctuations, losses or risks that might occur due to a lack of market liquidity or lack of liquidity within the TrustT order book.
12. Identity Theft Scenarios:
TrustT follows highest standards of security and encryption to protect its user’s personal identity. TrustT Suggests to its users an additional security layer by enabling 2 factor authentication for an ultimate account protection and safe deposits and withdrawal processes.
You acknowledge that TrustT is not responsible for any losses occurred to your account due to any scenarios related to but not limited to theft of TrustT coins, loss of account access, and unauthorized funds withdrawals.
TrustT is implementing diverse security measures to protect your personal information and to ensure its users’ data confidentiality. TrustT keeps, protects and utilizes your personal data in a highly secure manner by applying diverse layers of security and protection to maintain physical, electronic and procedural safety in compliance with regulators’ standards. TrustT is implementing a Blockchain-Based encrypted private network to protect its members, their accounts, transactions’ history, and their personal data.
Limited number of TrustT employees are granted the right to have access to the users’ data. These highly trained and experienced employees will ensure the confidentiality and privacy of our users and their personal information.
TrustT will constantly be improving the security of its user data and remain not liable for any malicious outside breaching the layers of protection.
TrustT is implementing OAuth industry protocol to protect its users’ personal and financial data from unauthorized access. Keeping your passwords safe and confidential remain your responsibility.
You acknowledge and accept that TrustT is implementing a robust password reset process to re-issue users’ forgotten passwords and provide an ultimate TrustT experience to its customers.
b) 2-Factor Authentication:
For an additional security layer, TrustT supplements the username and password model with the 2-Factor Authentication verification process to enhance the users’ security.
TrustT recommends to its users activating 2 Factor Authentication solution to protect their accounts from unauthorized access or withdrawal due to malicious activities leaking your username and password in a data breach event.
c) Security of your transactions:
TrustT takes advantage of the blockchain inherent characteristics to provide additional means of security to each transaction. The records held on blockchain are secured through cryptography, decentralized and distributed across peer-to-peer networks and continually updated and kept in sync.
d) Security of your Banking Information:
TrustT will ensure to its users a better detection and prevention of fraud with the integration of the advanced machine learning tools of Stripe, its certified PCI Service Provider. To remain Payment Card Industry Data Security Standards (PCI-DSS) compliant, TrustT will transmit all sensitive data directly to Stripe, without passing through our servers. Additionally, TrustT performs the process of data transmission by using TLS and HTTPS to encrypt and verify the integrity of traffic between the users’ servers and ours.
14. TrustT Proprietary Rights:
All contents of the TrustT website, TrustT coins and Mobile Apps including, but not limited to, text, images, names, graphics, data, logos, icons, code, prices, charts, software, hardware, models, videos are proprietary to TrustT. All contents mentioned previously but not limited to are protected by copyright, patent, trademark and other applicable laws.
User could review, download, print a copy of these contents for educational purposes or personal records while respecting all the proprietary rights that belongs to TrustT. Contents could not be used in any case for commercial, promotional, advertorial, endorsement, advertising, merchandising or unlawful purposes.
15. Publicly visible data:
A list of transactions and an orderbook is publicly visible on the broadcast out through the API and price feed. This contains prices and sizes of trades which are pending and / or have been executed. Through this, your orders and transactions are visible to others but in no way traceable or attributable to you.
TrustT data could be requested by government law agencies for record purposes. If a government agency decided or accidentally releases TrustT data publicly, TrustT will not be considered liable.
16. Fees and Commissions:
TrustT business model is based on the fees and commissions charged on every trade and transaction performed by the user.
TrustT has the right to change, add, delete, and modify its fees at any time without having the obligation to send any prior notice to its customers. The latest version of the fees structure will be updated on the website and could possibly be sent to the users for notification purposes through emails.
TrustT fees’ structure contains three different categories of fees: 1% deposit fees, 1% withdrawal fees, and 1% transactional fees.
There are no additional holding, storage, or insurance fees for the TrustT Gold Coins.
The user is responsible to research and understand the full structure of TrustT fees by visiting TrustT website.
17. Jurisdictions and Limitations:
a) Availability of Services:
TrustT will be able to provide its services only to U.S citizens or permanent residents of the U.S.A who are at least 18 years old holding a valid SSN living in one if the 50 states of United States or the District of Columbia.
b) Death or Incapacity:
In case of death or incapacity, you agree and allow TrustT to sell your TrustT coins and the gold available in your TrustT Account at the prevailing market price then release the funds after deducting all applicable fees and commissions to your legal personal representative or deceased person. TrustT will require proof of evidence of your death or incapacity before taking any further steps. You allow TrustT to look for additional legal advice from your territory regulators at the expense of your account.
c) Limitations of liability; No warranties:
TrustT shall under no circumstances be liable for any loss or damages arising under or in connection with, but not limited to:
- System interruption or delay in access, inability to access the TrustT system, any pure economic loss, fall in the value of your held gold resources, loss of profits, loss of revenue, loss of personal data, indirect or consequential loss, loss of business, loss of business opportunity, depletion of goodwill, any harm and self-harm arising from gold investing losses.
- TrustT remain not liable for any loss of money, assets, personal data, and opportunities occurring related to online trading, software and hardware failure, loss of data, delays, errors, omissions, power outages, internet failure, hacking event, denial of service attacks, viruses, scareware, spyware, worms, Trojan horses or any other destructive activities of phishing, spoofing, or others.
- TrustT remain not liable for any damages resulting from lack of communication, the user not being sufficiently clear on providing needed information, the user not being vigilant and confidential with his data, and not responding with time to TrustT alerts.
- If you have any doubt whatsoever about a communication from TrustT, it is solely your responsibility to contact us and ensure your safety.
- To the fullest extent permitted by law, TrustT excludes any warranties related to the website, Mobile App, and TrustT gold coin.
- TrustT will not be liable for any loss or damages caused to your personal used devices, computer softwares, technology, or any material used to connect to TrustT website and App.
18. Your Gold Holdings:
a) Gold Reserves:
Your gold holdings are held by a vault operator. The only access to the gold holdings is through TrustT Mobile App. Your gold holdings are managed only by TrustT LLC. TrustT full reserves are 100% owned by TrustT and agrees to manage all gold reserves according to these terms and conditions.
Your gold is currently physically stored in Switzerland. TrustT reserve the right to change the location of the gold reserves without any prior notice to the users.
All gold bars held by TrustT follow standard bullion-market practice and all its reserves are considered as 24-karat gold which is pure fine gold.
All physical gold purchased by you through TrustT account will be instantly stored at a Vault Operator.
TrustT declares that every gram of gold purchased or invested in is a gram of the 99.99% pure gold content and exclusively follow the best industry-practices.
d) Vault Operators:
In order to deliver high professional standards of vault services, TrustT entered into a contract with Gold Vault Operators to manage the bullion bars’ operational processes and storage. By accepting these Terms and conditions, you acknowledge and agree this contractual relationship between TrustT and the Vault operator. The Gold storage agreement is a binding contract between TrustT and the Vault Operator only. The agreement management ensuring the Gold ownership, Gold delivery and the management of the customers’ assets is a binding contract between TrustT and the user only.
e) Gold Bailment:
According to the law, a "bailment" occurs when a person [the bailor] delivers physical property (gold bullion bars) into the possession of another person [the bailee].
Within TrustT network, the gold bailment and the Vault Operator will ensure a legal framework, cost efficiency, and a safe alternative for the users’ storage of gold.
By accepting these Terms and conditions, you acknowledge and agree that your Gold is stored within a Vault Operator chosen by TrustT and the only way a user could have access to its owned Gold is through TrustT Apps and services.
By accepting these Terms and conditions, you authorize TrustT to act on your behalf as a bailee on managing your stored Gold, giving instructions to the Vault Operator and the insurance company under the terms of this agreement.
f) Bailments within TrustT:
You acknowledge and agree that once purchasing gold within TrustT network, the ownership of the bullion purchased is transferred by the seller to the buyer and consequently becomes a bailment of the buyer’s property, following the terms agreed on between the buyer and TrustT.
You acknowledge and agree that by purchasing the gold on TrustT, you give the right to TrustT to store your gold purchased within its assigned Vault operator.
g) Gold Insurance:
All user’s gold is 100% insured against theft and damages through the gold insurance contract the vault operator has with its insuring company. The insurance protects the standards that are generally accepted by the insurance industry standards, the cost of the insurance is included within the gold storage fee charged to TrustT members that have a gold stored within TrustT.
TrustT will make the proof of insurance document available to its members to review upon receipt from the Vault Operator and Insurance company.
Beyond committing to ensure adequate insurance to the Gold storage, TrustT is not responsible nor liable for the users’ gold storage. The Vault Operator remains the only responsible for the physical storage of your bullion gold and its safety at all times.
By accepting the terms and conditions of this agreement, you acknowledge and agree that any gold you buy, sell, and store does not relate to one specific Gold bar but rather to portions of diverse bars owned by multiple TrustT users. This ownership method is used to lower the processing price while enabling its users to trade gold at lower budgets. The total gold bars stored represents the full gold reserves owned by TrustT customers.
h) Gold Auditable:
To ensure a high transparency to our users, all our gold reserves will be quarterly audited, and an audit report will be quarterly published on the TrustT website so that the public can consolidate them and verify that all the TrustT coins are 100% backed by gold reserves held within our vault operators.
i) TrustT’s storage contracts with the Vault Operator:
You acknowledge and agree that TrustT has the right to store your purchased gold with any vault operator of its choice.
TrustT has the obligation to store the gold purchased by its users within its vault operator to fulfill the orders executed within the TrustT system.
j) Termination of the Vault Operators Storage Agreement:
TrustT has the right to terminate a Vault Operator agreement without any prior notice to the users. In such an event, TrustT will put in place an alternative storage solution suitable for all the gold resources.
If an alternative storage solution could not be find, TrustT will notify its users with time enabling them to sell their gold or schedule a gold physical delivery or arrange other suitable alternative.
19. Downtime and Availability:
TrustT is entitled to run its services 24/7 under normal circumstances. TrustT will be performing software upgrades and maintenance updates during a low traffic time period in case of non-urgent updates.
In case security vulnerabilities are found, TrustT has the right to impose short service interruption, and orders’ cancellation, and system downtime at its discretion.
TrustT will do all the necessary to minimize the impacts of the recovery scenarios and to recover from it. You acknowledge that TrustT will not be held liable for any losses related to such an event. You acknowledge and accept that TrustT has no obligation to send any form of communication during unexpected service interruption.
You acknowledge and accept the risks our TrustT services and technological systems can involve. You acknowledge and accept the risks you might incur during outage scenarios and unscheduled maintenance downtime having open orders on the TrustT system. You accept the methods and processes applied by TrustT to solve any sort of malicious attacks and you accept the related risks at your own.
You acknowledge that TrustT regulatory status differs from the regulations set for The Financial Services industry and the financial service companies dealing with securities. You acknowledge that TrustT exclusively deals with the physical ownership of gold purchased and sold through TrustT systems.
21. Termination of this agreement:
These Terms and conditions will remain in effect until your account is closed, and your balance is zero after all necessary payments have been processed. TrustT has the power, at its own discretion, to terminate this agreement for any reason without any prior notice by closing your TrustT account and ceasing the related business relationship.
TrustT reserves the right to temporarily suspend or permanently deactivate or cancel your access to any or all TrustT services and your TrustT account if, but not limited to, TrustT suspects that your account has been used for illegal activated or misused, or if you breached the terms and conditions of this agreement.
You acknowledge and accept that upon suspension or cancellation, TrustT reserves the right to cancel or suspend any open orders, and to keep any available funds within the TrustT wallet until the funding reversal procedure is complete.