Metallicus User Agreement

Effective as of February 21st, 2018

Table of Contents

  1. METALPAY Accounts
  2. CRUMBS Accounts
  3. METAL VAULT Accounts
  4. METALPAY or METAL VAULT Account Statements and Requesting Account Records in Writing
  5. Taxes and Information Reporting
  6. Payment Review
  7. Third-Party Payment Terms
  8. Restricted Activities and Consequences
  9. Holds and Limitations
  10. Court Orders, Regulatory Requirements or Other Legal Process
  11. Unauthorized Transactions
  12. Error Resolution
  13. Remittance Transfer Errors
  14. Communications Between You and Us
  15. Termination Rights
  16. Security Interest
  17. Set Off Rights
  18. Insolvency Proceedings
  19. Assumption of Rights
  20. No Waiver; Severability
  21. Indemnification, Limitation of Liability and Release
  22. Disclaimer of Warranty
  23. Agreement to Arbitrate
  24. Intellectual Property
  25. Assignment
  26. Business Days
  27. Linked Sites
  28. Consumer Fraud Warning
  29. Governing Law
  30. Entire Agreement
  31. Identity Authentication
  32. Disclosures for California Residents
  33. Unlawful internet Gambling Notice
  34. Respect for the Information of Others
  35. Acceptable Use Provisions
  36. Electronic Communications
  37. Updating Your Contact Information
  38. Disclosures Regarding Cryptocurrency
  39. Transparency Statement
  40. Anti-Money Laundering and Counter-Terrorist Financing Statement
  41. No Agency, Trustee or Fiduciary Relationship
  42. Escheatment of Dormant Accounts

 

Metallicus, Inc. (“Metallicus”) and its affiliates (collectively, “Metal Pay,” “us,” “we,” or “our”) offer various services through websites and mobile applications, including but not limited to the METALPAY™ website and app (“METALPAY Service”), the METAL VAULT™ digital wallet (“METAL VAULT Service”), the CRUMBS™ website and app (“CRUMBS Service”), and other products and services (collectively with the METALPAY Service, the METAL VAULT Service, and the CRUMBS Service, the “Services”) related to cryptocurrency offered by us (MTL™ cryptocurrency) or by others. Your use of the Services is subject to this User Agreement. Please read this User Agreement. This User Agreement is a legal agreement between you and Metallicus that governs your use of the Services. By using the Services, you are agreeing to this User Agreement and our Privacy Policy, which is incorporated into this User Agreement. If you do not agree to this User Agreement (including the Privacy Policy), please do not use any of the Services, download or use any mobile app, or create an account.

We may, at any time, modify this User Agreement or any of the Services, temporarily or permanently, including without notice unless required by law. We are not obligated to support or update the Services. You agree that we shall not be liable to you or any third party in the event we exercise our right to modify or discontinue any of the Services.

If we modify this User Agreement, we will post our modified User Agreement on our website or provide notice by email or otherwise through the Services and the modified User Agreement supersedes any prior User Agreement. By continuing to use our Services, you agree that you accept all of the modifications to our User Agreement. If you do not agree to the new User Agreement, you must stop using the Services.

Age Eligibility. If you are under the age of 18, or otherwise under the age of majority, you may not access or use our Services. By accessing or using the Services, you affirm that you are the age of majority of the jurisdiction from which you are accessing the Services, but in any event, at least 18 years old.

Geographic Eligibility. Some services are only available in forty states in the United States and the District of Columbia. Other services are available in other locations. By accessing or using a particular service, you affirm that you are a resident in the jurisdiction where the service is provided and using the service in a permissible jurisdiction. We encourage you to review this User Agreement and our websites regularly for updates on where the services are available. Geographic restrictions for METALPAY and CRUMBS accounts and mobile apps are specified in this User Agreement and may change from time to time.

 

  1. METALPAY Accounts

The METALPAY mobile application and services are available in forty states in the United States and the District of Columbia; they are not available in these states: Alabama, Connecticut, Georgia, Hawaii, Idaho, Kansas, New York, North Carolina, Texas, Washington; they are not available in other countries.

1.1  Opening an Account

We offer METALPAY accounts only to individuals. A business cannot open a METALPAY account. Our accounts let you do things like:

  • Send and receive money or MTL to or from other METALPAY accounts.
  • Purchase or sell MTL.

You are responsible for maintaining adequate security and control of any and all IDs, passwords, or any other codes that you use to access your account and the METALPAY Service, and you are solely responsible for the activities of anyone accessing the METALPAY Service using your password, even if you did not authorize the activities. You must notify us at support.metalpay.com immediately of any unauthorized use or suspected unauthorized use of your password. In addition, if you know or suspect your password has been compromised, you must promptly change your password. Even if you give us notice, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use the password or ID of any other person to access the METALPAY Service without that person’s express permission.

You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form, and are responsible for keeping your registration information true, accurate, current and complete in your account profile. Your account may be terminated if you provide false information or refuse to provide information about your true identity.

Each individual may have only one METALPAY account.

1.2  Closing Your Account

When you close your account, we will cancel any scheduled or incomplete transactions. You must withdraw any balance from your account prior to closing it.  You will remain liable for all obligations related to your account even after the account is closed. In certain cases, you may not close your account, including:

  • To evade an investigation.
  • If you have a pending transaction or an open dispute or claim.
  • If your account is subject to a hold, limitation or reserve.

Additionally, Metal Pay may, without prior notice, delete your account. If we delete your account, the funds will be returned to your linked bank account unless we are required by law, court order, subpoena or other legal process or action to hold the funds or disperse them in another manner. Cause for deletion includes without limitation: (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems, and (d) extended periods (more than 6 months) of inactivity. You agree that all determinations of termination for cause will be made in our sole discretion and that we will not be liable to you or any third-party for deletion of any account.

1.3  Link or Unlink a Payment Method

You can link or unlink a U.S. bank account to your account as a payment method. You agree to keep your payment method information current. If this information changes, we may update it as directed by your bank without any action on your part.  

1.4  Custody, Control and Access to Financial Information

We do not have or retain direct custody or control over funds or virtual currency in your METALPAY account, nor do we directly transmit funds or virtual currency to or from your METALPAY account. Banking services are provided by Evolve Bank & Trust (“Bank”) through our agreement with Synapse Financial Technologies, Inc. (“Synapse FI”). Synapse FI acts as an agent for Bank. Bank has established a custodial account for the benefit of our customers for which Synapse FI maintains a sub-account ledger (“Custodial Account”). Bank will also establish a demand deposit account in the name of certain of our METALPAY Service users (“DDA”). Whether your funds are placed in the Custodial Account or a DDA depends on your state of residence and applicable laws in that state. All services provided by Bank and Synapse FI are subject to the applicable account agreement, the Synapse Terms of Service, privacy policies, and other applicable agreements and disclosures, all available at https://synapsefi.com/legal. By using the METALPAY Service, you agree to such agreements, policies, disclosures, and terms of service.

We use Plaid Inc. (“Plaid”) to gather your data from financial institutions. By using the METALPAY Services, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.

We do not directly hold, exchange, or transmit virtual currency. All virtual currency in your METALPAY account is held and exchanged, and transferred to and from your METALPAY account, by our virtual currency exchange partner.

1.5  Adding Money to Your METAL PAY Account

You may transfer money to your METALPAY account by requesting an electronic funds transfer from your linked bank account. 

1.6  Withdrawing Money from Your METAL PAY Account

If you have a money balance in your METALPAY account, you may withdraw it by transferring it to a bank account linked to your account. We don’t charge a fee to make a transfer to your bank account.

We may delay a withdrawal in certain situations, including if we need to confirm that the withdrawal has been authorized by you or if other payments to your account have been reversed. There may be limits on the amount you can withdraw or the number of withdrawals you can make. These limits may change from time to time, in our sole discretion. Requirements to lift the limits may vary based on your usage of your METALPAY account. Additionally, if we place a limitation on your account while a withdrawal from your account is pending, you will have to re-initiate the withdrawal once the limitation has been lifted. You can view your withdrawal limit, if any, by logging into your account.  Completing two out of three of the following steps can help us verify your account, which may allow us to remove any withdrawal cap:

  • Verifying your bank account.
  • Providing your social security number.
  • Providing a government ID.

1.7  Sending Money or Cryptocurrency

You can send money or cryptocurrency to a friend or family member using the send money feature in your METALPAY account (sometimes called “personal payments” or “peer-to-peer/P2P payments”). You can send money or cryptocurrency to a friend or family member even if they do not have an account with us at the time you send them money or cryptocurrency, and you can choose which payment method you want to use. If the person to whom you are sending money or cryptocurrency does not have an account with us, they can claim it by creating an account, or it will be refunded to you.  Receiving money or cryptocurrency from a friend or family member is described under Section 1.8, “Receiving Money or Cryptocurrency.”

We may, at our discretion, impose limits on the amount of money or cryptocurrency you can send.  You can view your sending limit, if any, by logging into your METALPAY account. Completing two out of three of the following steps can help us verify your account, which may allow us to increase any limits:

  • Verifying your bank account.
  • Providing your social security number.
  • Providing a government ID.

When you send money or cryptocurrency to a friend or family member, one of three things may happen:  they may accept, decline or fail to claim the money.  If they either decline to accept the money or don’t claim it within 30 days of the date it is sent, the money or cryptocurrency (including any fees you were charged for sending the money or cryptocurrency) will be refunded to your linked bank account. You will have 10 days to cancel a transaction; the cancellation option will be available 60 minutes after you send the money or cryptocurrency.

The fees applicable to sending money or cryptocurrency will be disclosed to you in advance each time you initiate a transaction to send money or cryptocurrency to a friend or family member.  If you convert money or cryptocurrency in your account from one currency to another before sending money or cryptocurrency, you also will pay a currency conversion spread for that conversion determined.

You agree that Metal Pay is not liable or responsible for damages of any kind resulting from an intended recipient’s decision not to accept a payment made or attempted to be made from a METALPAY account.

1.8  Receiving Money or Cryptocurrency

If a friend or family member sends money or cryptocurrency to you, the money or cryptocurrency will appear in your METALPAY account. If someone you do not recognize sends you money or cryptocurrency please contact us at support.metalpay.com. Except as may be otherwise provided by law, there is no pre-set limit on the amount you can receive in your METALPAY account.

 

  1. CRUMBS Accounts

2.1  Where Available

The CRUMBS Services are available in forty states in the United States and the District of Columbia; they are not available in these states: Alabama, Connecticut, Kansas, Georgia, Hawaii, Idaho, Illinois, New York, North Carolina, Texas, Washington, or in other countries.

2.2  Process and Risks

By registering for a CRUMBS account, you are able to use the CRUMBS Service to enable purchases of certain cryptocurrencies based on your risk preference. Each person is allowed only one CRUMBS account.

For each transaction you make with your credit card or debit card that is linked to the CRUMBS Service, we will calculate an amount that is the difference between the amount of the purchase and the next whole dollar (referred to as the “Transaction Credit”). For example, for a $2.75 transaction, we round up to $3.00, and there is a 25 cents Transaction Credit. Once the total Transaction Credit accumulated for you reaches at least $5, we process a $5 charge against your linked bank account, debit card, or credit card and exchange the $5 for cryptocurrency per your pre-set instructions.

You are able to change your risk preference at any time, although it may take us up to three (3) business days to adjust accordingly the purchase of cryptocurrencies. Cryptocurrencies are not FDIC-insured and purchasing them involves risk because they may lose value. Please consider your objectives before registering for the CRUMBS Service. We do not guarantee any outcome and any projections are hypothetical in nature. Past performance is not a guarantee of future results. You are solely responsible for evaluating the risk associated with use of the CRUMBS Service. See Section 38, below.

2.3  Payment Processing and Virtual Currency Custody

Deposits to and withdrawals from your linked banked account and charges or credits to your linked debit card or credit card are processed by Synapse FI. We do not directly hold, exchange, or transmit virtual currency. All virtual currency in your CRUMBS account is held and exchanged, and transferred to and from your CRUMBS account, by our virtual currency exchange partner.

2.4  Secure Registration

You are responsible for maintaining adequate security and control of any and all IDs and passwords that you use to access your CRUMBS account, and you are solely responsible for the activities of anyone accessing the CRUMBS Services using your password, even if you did not authorize the activities. You must notify us at support@crumbsapp.io immediately of any unauthorized use or suspected unauthorized use of your password. In addition, if you know or suspect your password has been compromised, you must promptly change your password. Even if you give us notice, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use the password or ID of any other person to access the CRUMBS Service without their express permission.

You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form, and are responsible for keeping your registration information true, accurate, current and complete in your CRUMBS account profile. Your account may be terminated if you provide false information or refuse to provide information about your true identity.

2.5  Sub-account Registration

We create sub-accounts for you with our payment vendor Synapse FI in order to process USD deposits and withdrawals. By using the CRUMBS Services, you agree to Synapse FI’s Terms of Service and Privacy Policy.

2.6  Transaction History

To provide the CRUMBS Services, you must give us access to your credit card transaction information, including the amounts of each transaction and the payee for each transaction, just as that information is available on your credit card statement.

We use Plaid to gather your data from financial institutions. By using the CRUMBS Services, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.

2.7  Fees for Services

The CRUMBS Services may be offered without charge, or may be offered on a fees for services basis, including ACH transaction fees on deposits and withdrawals of funds. We will provide reasonable notice of any fees and will give you the opportunity to terminate your registration before such fees or changes to fees become effective. Your continued use of the CRUMBS Services after any fee change(s) comes into effect constitutes your agreement to pay the fees. Except as required by law, fees are non-refundable.

2.8  Transaction Credits

Transaction Credits are non-transferrable and have no cash or other value outside of the CRUMBS Services and are not redeemable for cash.

2.9  Personal Non-Commercial Use

The CRUMBS Services may be used for non-commercial personal use only. A business cannot register for CRUMBS Services.

2.10  Termination

We may terminate or suspend or bar your access to the CRUMBS Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this User Agreement. If you wish to terminate your CRUMBS account, you may simply discontinue using the CRUMBS Service. If your CRUMBS account is terminated for any reason, any Transaction Credit accumulated for you will be cancelled.

 

  1. METAL VAULT Accounts

You can use a METAL VAULT account to store cryptocurrency keys. The value held in METAL VAULT accounts is stored on a shared, public ledger. The METAL VAULT accounts hold only the addresses or identifiers (often referred to as the “Public Keys”) with which virtual currency held by you are associated. The METAL VAULT accounts cannot be used to hold your signature or password that you use to authenticate virtual currency transactions (referred to as the “Private Keys”). Metal Pay does not have access to your private keys and does not exercise control over virtual currency through its METAL VAULT Services. Rather, METAL VAULT accounts function more like an interface between the user and a blockchain, providing an additional level of security.

3.1  Opening an Account

Each individual is entitled to have only one METAL VAULT account. You can sign up for an account at https://app.metalpay.com/signup, completing the required fields of the on-line form.

You can change your password at any time online by using the “Forgot Your Password” feature but cannot change the email address associated with your METAL VAULT account. If you must use a different email address, you should open a new METAL VAULT account, manually transfer cryptocurrencies to new wallet addresses, and close out your original METAL VAULT account.

3.2  Depositing and Withdrawing Cryptocurrency

You can add coin wallets to your METAL VAULT account, and each coin wallet will have its own sending and receiving address. The METAL VAULT Services currently support coin wallets for MTL, Ethereum, Bitcoin and Binance, although this list may change from time to time, adding or subtracting from the list, at Metal Pay’s sole discretion.

You can send virtual currency keys from a third-party wallet to a wallet established within your METAL VAULT account and can also deposit keys for MTL obtained from Metal Pay.

To withdraw virtual currency from your METAL VAULT account, log into your account and complete the online form.

3.3  Termination or Closing an Account

We may terminate or suspend or bar your access to the METAL VAULT Services immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this User Agreement. If you wish to close your METAL VAULT account, you may simply transfer your cryptocurrency keys to a third-party wallet and discontinue using the METAL VAULT Service.

3.4  METAL VAULT Keycards

When you sign up for a METAL VAULT account, you will be instructed to download a keycard. The keycard is your key to your METAL VAULT account. Metal Pay does not retain a copy of the keycard. It is very important that you do not lose your keycard. Passwords can only be recovered with your keycard. We cannot recover your MTL or most other cryptocurrency tokens if you lose complete access to your account. It may be possible, but we cannot guarantee, that we will be able to recover your Bitcoin balance.

Metal Pay is not responsible for any damages of any kind resulting from a lost keycard, or from third party use of your keycard.

You are responsible for maintaining adequate security and control of your password and keycard, and you are solely responsible for the activities of anyone accessing any METAL VAULT Services using your password or keycard, even if you did not authorize the activities. You must notify us at support.metalpay.com immediately of any unauthorized use or suspected unauthorized use of your password or keycard. In addition, if you know or suspect your password or keycard has been compromised, you must promptly change your password. Even if you give us notice, you could be held liable for losses incurred by us or another party due to someone else using your METAL PAY account or password or keycard. You may not use the password or keycard of any other person to access any METAL PAY Services without that person’s express permission.

 

  1. METALPAY, CRUMBS or METAL VAULT Account Statements and Requesting Account Records in Writing

You have the right to receive an account statement showing your account activity. You may view your account statement by logging into your METALPAY, CRUMBS or METAL VAULT account.

We will not charge you for records requested in connection with the following:

  • You make a good-faith assertion of an error in your account.
  • You request receipt of periodic statement documents that we are required to provide to you.
  • You request additional information or clarification concerning a transfer to or from your account, including a request you make to determine whether an error has occurred.
  • You inquire about the status of a pending transfer to or from your account.
  • You request documentation or other information, unless the request is for a duplicate copy for tax or other record-keeping purposes.

 

  1. Taxes and Information Reporting

We do not charge or collect for any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “taxes”). It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, to your cryptocurrency trading or to your cryptocurrency transactions, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. Metal Pay is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.

 

  1. Payment Review

Metal Pay reviews certain potentially high-risk transactions.  If Metal Pay determines, in its sole discretion, that a transaction is high-risk, we place a hold on the payment and provide notice to you.  Metal Pay will conduct a review and either clear or cancel the payment.  If the payment is cleared, Metal Pay will provide notice to you through our mobile app.  Otherwise, Metal Pay will cancel the payment and the funds will be returned, unless we are legally required to take other action.  

Reviews may result in:

  • Delayed, blocked or cancelled transfers;
  • Funds being held by Metal Pay;
  • Account suspension or termination;
  • Funds being seized to comply with a court order, warrant or other legal process; and/or
  • Funds you previously received being reversed (i.e., sent back to the sender’s METALPAY account or to the bank account that was used to fund the payment).

We may take one or more of these actions if you knowingly or unknowingly received a payment that was made from a compromised bank account, or compromised METALPAY account, or for any other reasons authorized by law.

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 funds in it until verification is completed.

 

  1. Third-Party Payment Terms

By using any of the Services and agreeing to this User Agreement, you also agree to be bound by any third-party payment terms, and you consent and authorize us and any third-party payment provider to share any information and payment instructions you provide with third-party service provider(s) to the minimum extent required to complete your transactions. You are responsible for all transactions (one-time, recurring, and refunds) processed through any third-party payment provider. Metal Pay is not liable for loss or damage from errant or invalid transactions processed by any third-party payment provider. This includes transactions that were not processed due to a network communication error, or any other reason. If you enter into a transaction, it is your responsibility to verify that the transaction was successfully processed. You understand and agree to not hold Metal Pay liable for any adverse effects that any actions (whether intentional or unintentional) on the part of any third-party payment provider may cause to you, your Metal Pay account, or your business.

 

  1. Restricted Activities and Consequences

    8.1  Restricted Activities

In connection with your use of our Services, or in the course of your interactions with us, other customers of ours, or third parties, you will not:

  • Breach this User Agreement, including the Acceptable Use Provisions (Section 35), any other agreement between you and Metal Pay, or violate any Metal Pay policy.
  • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising).
  • Infringe Metal Pay’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
  • Act in a manner that is defamatory, trade libelous, threatening or harassing.
  • Provide false, inaccurate or misleading information.
  • Send or receive what we reasonably believe to be potentially fraudulent funds.
  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
  • Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Metal Pay and the bank for the same transaction.
  • Control an account that is linked to another account that has engaged in any of these restricted activities.
  • Use the Service in a manner that results in or may result in:
    • complaints;
    • fees, fines, penalties or other liability or losses to us, our other customers, third parties or you.
  • Use any account or the Services in a manner that Metal Pay, NACHA, the debit and credit card networks or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
  • Allow your account to have a negative balance.
  • Access the Service from any jurisdiction listed in the Prohibited Jurisdictions section of this User Agreement (see Section 38.5).
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, trojan horses, malware, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Services.
  • Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers.
  • Circumvent any Metal Pay policy or determinations about your account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create a new or additional account when an account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s account with us.
  • Harass and/or threaten our employees, agents, or other users. 

8.2  Actions We May Take if You Engage in Any Restricted Activities

If we believe that you have engaged in any of the restricted activities, we may take a number of actions to protect Metal Pay, its users and others at any time in our sole discretion.  The actions we may take, and your liability may include, but are not limited to, the following:

  • Terminate this User Agreement and/or close or suspend any account with us, and we may refuse to provide the Service to you in the future. 
  • Limit your access to our websites, your account or the Service, including limiting your ability to pay or send money with any of the payment methods linked to your account or restricting your ability to send money or make withdrawals.
  • Hold your balance for up to 180 days if reasonably needed to protect against the risk of liability or if you have engaged in Restricted Activities or violated our Acceptable Use Provisions.
  • Update inaccurate information you provided us.
  • Take legal action against you pursuant to this User Agreement.
  • If you have engaged in Restricted Activities or violated our Acceptable Use Provisions, then you’re also responsible for damages to Metal Pay caused by your actions.

If we close your account or terminate your use of any of the Services for any reason, we’ll provide you with notice of our actions and make any unrestricted funds held in your account available for withdrawal.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liabilities incurred by Metal Pay, any Metal Pay user, or a third party caused by or arising out of your breach of this User Agreement, and/or your use of the Service. You agree to reimburse Metal Pay, any Metal Pay user, or a third party for any and all such liabilities.

 

  1. Holds and Limitations

9.1  Holds Based on Metal Pay’s Risk Decisions

We may place a hold on payments sent to your account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a payment hold based on a number of factors, including information available to us from both internal sources and third parties.  When we place a hold on a payment, the funds will appear in your account with an indication that they are unavailable or pending.  We’ll notify you, either through your account or directly by phone or email, whenever we place a hold.  

Risk-based holds generally remain in place for up to 48 hours from the date the payment was received into your account.  We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion.

9.2  Limitations

Limitations prevent you from completing certain actions with an account of yours, such as withdrawing, sending or receiving money. These limitations are implemented to help protect Metal Pay, buyers and sellers when we notice restricted activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your account with us open.

There are a number of reasons why your account could be limited, including:

  • We suspect someone could be using your account without your knowledge, we’ll limit it for your protection and look into the fraudulent activity.
  • In order to comply with regulatory requirements, for example those designed to prevent money laundering and other financial crimes.
  • Due to Metal Pay policies we have in place to ensure we’re in compliance with law.
  • If we reasonably believe you have engaged in Restricted Activities (Section 8.1) or violated the Acceptable Use Provisions (Section 35).

To remove the limitation and restore your account, you will need to resolve any issues with the account, often by providing information to us, although there may be certain situations where there is no specific action that you can take to help remove the limitation (for example, the limitation is put in place due to policies we have to ensure we’re in compliance with laws). If you find that your account has been limited, you should either review the email you receive from us informing you that your account is limited or log in to your account for additional details about the limitation on your account.

 

  1. Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your account with us, placing a limitation on your account, or releasing your funds.  We will decide, in our sole discretion, which action is required of us.  Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions.  We do not have an obligation to contest or appeal any court order or legal process involving you or your account.  When we implement a hold or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold or limitation may remain in place longer than 180 days.

 

  1. Unauthorized Transactions

To protect yourself from unauthorized activity in your account, you should regularly log into your account and review your account statement. Metal Pay will notify you of each transaction by sending an email to your primary email address on file.  You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

11.1  What is an Unauthorized Transaction

An “Unauthorized Transaction” occurs when money or cryptocurrency is sent from your account that you did not authorize and that did not benefit you.  For example, if someone steals your password, uses the password to access your account, and sends a payment from your account, an Unauthorized Transaction has occurred.

11.2  What is Not Considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

  • If you give someone access to one of your accounts with us (by giving them your login information) and they use your account without your knowledge or permission.  You are responsible for transactions made in this situation.
  • Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks or Error Resolution.

11.3  Reporting an Unauthorized Transaction

Tell us AT ONCE if you believe your login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your account. If you believe your login information has been lost or stolen, immediately contact us at: support.metalpay.com if related to a METALPAY or METAL VAULT account, or at support@crumbsapp.io if related to a CRUMBS account.

If you give someone access to your account (by giving them your login information) and they use your account without your knowledge or permission, you are responsible for all transactions made using your login information.

 

  1. Error Resolution

12.1  What is an Error?

An “Error” means the following:

  • When money, cryptocurrency or a cryptocurrency key is either incorrectly taken from your account or incorrectly placed into your account.
  • You send a payment and the incorrect amount is debited from your account.
  • You withdraw cryptocurrency keys from your account and the transaction is incorrectly documented in your account.
  • An incorrect amount is credited to your account.
  • An incorrect calculation of Transaction Credits in a CRUMBS account.
  • A transaction is missing from or not properly identified in your account statement.
  • We make a computational or mathematical error related to your account.

12.2  In Case of Errors or Questions about Your Electronic Transfers

Contact us at: support.metalpay.com for matters relating to METALPAY or METAL VAULT accounts, or at support@crumbsapp.io for matters relating to CRUMBS accounts.

Notify us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement or receipt on which the problem or error appeared.

  • Tell us your name and account number (if any).
  • Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount or cryptocurrency amount of the suspected error.

We may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

For errors involving new accounts, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within 10 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

12.3  Processing Errors

We will rectify any processing error that we discover.  If the error results in:

  • You receive less than the correct amount to which you were entitled, then we will credit your account for the difference between what you should have received and what you actually received.
  • You receive more than the correct amount to which you were entitled, then we will debit your account for the difference between what you actually received and what you should have received.

We will not rectify errors if:

  • Through no fault of ours, you did not have enough available funds or cryptocurrency to complete the transaction;
  • Our system was not working properly, and you knew about the breakdown when you started the transaction; or
  • The error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

Processing errors are not:

  • Delays that result from Metal Pay applying holds or limitations.
  • Delays based on a payment review.
  • Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations.
  • Your errors in making a transaction (for example, mistyping an amount of money that you are sending).

 

  1. Remittance Transfer Errors

13.1  What is a Remittance Transfer?

A “Remittance Transfer” is a transaction that meets the following criteria:

  • The payment is sent from a personal account that is used primarily for personal, family or household purposes,
  • The payment is made for personal, family or household purposes,
  • The payment is made using the send money or cryptocurrency feature through your account,
  • The payment amount exceeds $15 USD (excluding fees charged to you) or the foreign currency or cryptocurrency equivalent calculated using exchange rates in effect at the time of the transaction, and
  • The recipient of the payment has an account in a country outside the U.S.

13.2  What Qualifies as a Remittance Transfer Error

A “Remittance Transfer Error” occurs if:

  • You paid an incorrect amount to send the Remittance Transfer.  For example, you were charged more than the total shown on the remittance transfer receipt you received (unless the total shown on the receipt was an estimate, and the difference results from application of the actual exchange rate, fees, and taxes).
  • We made a computational or bookkeeping error, such as a miscalculation of the amount the recipient received.
  • The amount stated in the remittance transfer receipt was not made available to the recipient, unless:
    • we stated in the remittance transfer receipt that we used estimates and the difference in the amount received and the amount stated in the remittance transfer receipt results from application of the actual exchange rate, fees, and taxes, or
    • the problem was caused by extraordinary circumstances outside our control that could not have been reasonably anticipated.
  • Funds were available to the recipient later than the date of availability that was disclosed to you on the remittance transfer receipt or were not delivered, unless:
    • extraordinary circumstances outside our control caused the delay, and we could not reasonably anticipate those circumstances;
    • the delay resulted from fraud screenings, or caused by requirements of the Office of Foreign Assets Control (“OFAC”) or similar requirements; or
    • you (or someone assisting you) made the transfer with fraudulent intent;
  • You request documentation or information or clarification concerning the Remittance Transfer, such as information required to determine if a Remittance Transfer Error occurred.

13.3  What is Not Considered a Remittance Transfer Error

The following are NOT considered Remittance Transfer Errors:

  • An inquiry about the status of a remittance transfer that was not subject to a delay.
  • A request for information for tax or other recordkeeping purposes.
  • A change requested by the designated recipient.
  • A change in the amount or type of currency received by the designated recipient from the amount or type of currency stated in the disclosure provided you, if we relied on information provided by you in making the disclosure.

13.4  What to Do If You Think There Has Been a Remittance Transfer Error or Problem

If you think there has been a Remittance Transfer Error or problem with your Remittance Transfer:

  • Contact us at: support.metalpay.com if for a METALPAY or METAL VAULT account matter, or at support@crumbsapp.io if for a CRUMBS account matter.

You must contact us within 180 days of the date we promised to you that funds would be made available to the recipient. When you do, please tell us:

  • Your name, address and telephone number,
  • The error or problem with the transfer, and why you believe it is an error or problem,
  • The name of the person receiving the funds, and if you know it, his or her telephone number or address,
  • The dollar amount of the transfer, and
  • The confirmation code or number of the transaction.

We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.

 

  1. Communications Between You and Us

If you provide us your mobile phone number, you agree that we may contact you at that number using autodialed or prerecorded calls or text messages to: (i) service your accounts with us, (ii) investigate or prevent fraud, or (iii) collect a debt.

We will not use autodialed or prerecorded calls or texts to contact you for marketing purposes unless we receive your prior express written consent. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent.  You do not have to agree to receive autodialed or prerecorded calls or texts to your mobile phone number in order to use and enjoy the Service. You can decline to receive autodialed or prerecorded calls or texts to your mobile phone number in several ways, including in your account settings at www.metalpay.com and/or www.crumbsapp.io.

We may communicate with you about your account and the Services as described in the Electronic Communications section below. You will be considered to have received a communication from us, if its delivered electronically, 24 hours after the time we post it to our website or email it to you. 

You understand and agree that, to the extent permitted by law, Metal Pay may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with Metal Pay or its agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with Metal Pay may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by Metal Pay, and Metal Pay does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

 

  1. Termination Rights

This User Agreement will continue until terminated. Metal Pay, in its sole discretion, reserves the right to terminate this User Agreement, access to its website, mobile apps, or access to any aspect of the Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in your account.

You may terminate your use of the Services at any time and for any reason by deactivating your account and discontinuing your use of all of the Services, including but not limited to removing our mobile application(s) and other materials we have provided to you from all of your devices.

If your account is terminated, we will make reasonable efforts to make any content you provided or information about your account inaccessible to third parties not involved in the provision of our Services. You acknowledge and agree that any such content or information may be retained in caches or backups and that copies of or references may persist indefinitely due to the nature of the Service and the internet.

Notwithstanding termination of the User Agreement, all provisions that logically should survive termination for the protection of Metal Pay’s rights and protection of your rights will survive and will remain in full force and effect after termination, including: all unnumbered paragraphs at the beginning of the User Agreement and Sections 1.2, 1.3, 1.4, 1.6, 2.2, 2.5-2.8, 3 (excluding 3.1), 4-23, 24 (excluding the license grant to you) 25-27, 29-31, 34-42.

 

  1. Security Interest

As security for the performance of your obligations under this User Agreement, you grant to Metallicus a lien on, and security interest in and to, any of your accounts in our possession.

 

  1. Set Off Rights

If your account becomes negative for any reason, that negative balance represents an amount that you owe us. Metal Pay may deduct these amounts from funds that are in your account or added to your accounts later, either by you or from payments you receive.  If you have more than one account with us, we may set off a negative balance in one account against a balance in your other account.  In the event that a negative balance is offset by Metal Pay pursuant to this paragraph, it may be combined with another debit coming out of your account.

In addition to the above, if you have a past due amount owed to us, or our affiliates, we may debit your account to pay any amounts that are more than 180 days past due.

 

  1. Insolvency Proceedings

If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this User Agreement.

 

  1. Assumption of Rights

If Metal Pay invalidates and reverses a payment that you made to a recipient (either at your initiative or otherwise), you agree that Metallicus assumes your rights against the recipient and third parties related to the payment and may pursue those rights directly or on your behalf, in our discretion.

 

  1. No Waiver; Severability

Our failure to act with respect to a breach of any of your obligations under this User Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this User Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. The remaining provisions of this User Agreement shall remain in full force and effect.

 

  1. Indemnification, Limitation of Liability and Release

In the sections titled Indemnification, Limitation of Liability and Release, we use the term “Metal Parties” to refer to Metallicus and its affiliates, and each of their respective directors, officers, employees, agents, joint venturers, licensors, shareholders, service providers and suppliers. Affiliates include each entity that we control, we are controlled by or we are under common control with.

21.1  Indemnification

Your indemnification of Metal Parties for actions related to your account with us and your use of the Services. You agree to defend, indemnify and hold the Metal Parties harmless from any claim or demand (including reasonable attorneys’ fees) made by any third party and any loss, expense, damage or cost incurred relating to or arising out of your breach of this User Agreement, your access to or use of the Services, your violation of any law or the rights of a third party or the actions or inactions of any third party to whom you grant permissions to use your accounts with us or access the Services on your behalf (including negligent or wrongful conduct).

21.2  Limitation of liability

The Metal Parties’ liability is limited with respect to your accounts and your use of the Services. In no event shall the Metal Parties be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with any of the Services or this User Agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, the Metal Parties are not liable, and you agree not to hold the Metal Parties responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, the Services; (2) delays or disruptions in the Services; (3) viruses or other malicious software obtained by accessing the Services or any website or service linked to the Services; (4) glitches, bugs, errors, or inaccuracies of any kind in the Services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your accounts; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF METALLICUS OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

21.3  Release of Metal Parties

If you have a dispute with any other account holder, you release the Metal Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

  1. Disclaimer of Warranty

The Services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. Metal Pay specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Metal Pay also does not have any control over third party cryptocurrency providers, or to third parties who assist with implementing any of the Services (such as Plaid or SynapseFI). Metal Pay does not control, is not responsible for and makes no representations or warranties with respect to any user of our Services or their conduct. You are solely responsible for your interaction with or reliance on any other user of our Service or their conduct. You further understand that you may be exposed to content from others that is offensive, indecent or objectionable. Metal Pay does not make any representation or warranties as to the accuracy, correctness, reliability, completeness or usefulness of any content appearing on the Services. Metal Pay does not guarantee continuous, uninterrupted or secure access to any part of the Service, and operation of our websites or mobile apps may be interfered with by numerous factors outside of our control.  Metal Pay will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts are processed in a timely manner but Metal Pay makes no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.

Some states do not allow the disclaimer of implied warranties, so some or all of the foregoing disclaimers may not apply to you by operation of law.

 

  1. Agreement to Arbitrate

By agreeing to this User Agreement, you agree that you are required to resolve any claim that you may have against any Metal Pay entity on an individual basis in arbitration, as set forth in this Agreement to Arbitrate. This will preclude you from bringing any class, collective, or representative action against any Metal Pay entity, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against any Metal Pay entity by someone else.

You and each of the Metal Pay entities agree that any claim or dispute at law or equity arising out of or relating to (a) this User Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Service at any time, whether before or after the date you agreed to this User Agreement will be resolved in accordance with the Agreement to Arbitrate provisions set forth below.  Please read this information carefully.  Among other things it:

  • Affects your rights and will impact how claims you and we have against each other are resolved.
  • Includes a Prohibition of Class and Representative Actions and Non-Individualized Reliefpursuant to which you agree to waive your right to participate in a class action, representative, collective, or consolidated lawsuit against us.

If a dispute arises between you and any Metal Pay entity, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and any Metal Pay entity regarding the Service may be reported to: support@metalpay.com for METALPAY or METAL VAULT account matters, or support@crumbsapp.io for CRUMBS account matters.

 

Agreement to Arbitrate

Our Agreement

You and each Metal Pay entity each agree that any and all disputes or claims arising out of or relating to (a) this User Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to this User Agreement, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.  This Agreement to Arbitrate is intended to be broadly interpreted.  

Prohibition of Class and Representative Actions and Non-Individualized Relief

You and each Metal Pay entity agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, collective, or representative action or proceeding.  Unless both you and the relevant Metal Pay entity or entities agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, collective, or class proceeding.  Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).  Any relief awarded cannot affect other customers of ours.

Arbitration Procedures

Arbitration is more informal than a lawsuit in court.  Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited.  However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual.  The arbitrator(s) also must follow the terms of this User agreement as a court would.  All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association (referred to as the “AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) (as applicable), as modified by this Agreement to Arbitrate.  The AAA Rules are available at www.adr.org.  Notwithstanding any choice of law or other provision in this User Agreement, the parties agree and acknowledge that this Agreement to Arbitrate evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Agreement to Arbitrate or the enforcement thereof, then that issue shall be resolved under the laws of the state of California. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute.  You should send this notice to Metallicus at:  Metallicus Inc. 660 4th Street #107, San Francisco, CA 94107.  We will send any notice to you to the address we have on file associated with your account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and the Metal Pay entity involved in the dispute are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or the relevant Metal Pay entity may initiate arbitration proceedings.  A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org.

The arbitration shall be held in the county in which you reside or at another mutually agreed location.  If the value of the relief sought is $10,000 or less, you or each Metal Pay entity may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and the Metal Pay entity subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant.  In cases where an in-person hearing is held, you and/or the Metal Pay entity or entities involved in the matter may attend by telephone, unless the arbitrator(s) require otherwise.  Any settlement offer made by you or Metal Pay shall not be disclosed to the arbitrator(s).

The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.  The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different customers of ours, but is/are bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.  The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.  If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration.  Any request for payment of fees by any Metal Pay entity should be submitted by mail to the AAA along with your Demand for Arbitration and Metal Pay will make arrangements to pay all necessary fees directly to the AAA.  If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, a Metal Pay entity will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive.  In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse the Metal Pay entity or entities involved in the matter for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

Severability

With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void, but the remainder of this User Agreement will continue to apply.

Future Amendments to this Agreement to Arbitrate

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against any Metal Pay entity prior to the effective date of the amendment.  The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and any Metal Pay entity.  We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.metalpay.com at least 30 days before the effective date of the amendments and by providing notice through email.  If you do not agree to these amended terms, you may close your account with us within the 30-day period and you will not be bound by the amended terms.

 

  1. Intellectual Property

The Services, including all of the software, software code comprising or used to operate all accounts and all content, trademarks, copyrighted works and other materials provided by Metal Pay are owned by Metallicus, its affiliated companies, and/or third-party licensors, and are protected by copyrights, trademarks and other intellectual property rights.

24.1  License Grants, Generally

Subject to the terms and conditions of this User Agreement, Metal Pay grants you a revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable, royalty-free limited license and right to access and use the Services in accordance with this User Agreement.  Any other use of the Services is strictly prohibited. Unless we give you permission in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, create derivative works of or commercially exploit any materials that we provide or that are made available by third parties through the Service, in whole or in part, by any means. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software that Metal Pay provides to you.  You acknowledge that all rights, title and interest to the Services are owned by any Metal Pay entity.  You must not remove, alter or obscure any copyright, patent, trademark or other proprietary or restrictive notice or legend contained or included in any part of the Services, and you agree to reproduce and copy all such notices and legends on all copies of any part of the Services that you are allowed to make under this User Agreement, if any. Any rights not expressly granted in this User Agreement are reserved.

Any third-party software application you use on the Metal Pay websites is subject to the license you agreed to with the third party that provides you with this software.  You acknowledge that Metal Pay does not own, control nor have any responsibility or liability for any third-party software application you elect to use on the Metal Pay websites and/or in connection with the Services.

24.2  License Grant From You to Metal Pay; Intellectual Property Warranties

Metal Pay does not claim ownership of the content that you provide, upload, submit or send to Metal Pay.  Nor does Metal Pay claim ownership of the content you host on third-party websites or applications that use Services to provide payments services related to your content.  Subject to the next paragraph, when you provide content to Metal Pay or post content using the Services, you grant Metal Pay (and parties that we work with) a non-exclusive, irrevocable, royalty-free, fully assignable, perpetual, sublicensable, transferable, and worldwide license to use, copy, perform and display publicly, distribute, prepare derivative works and otherwise exploit your content and associated intellectual property and publicity rights in whole or in part, in any form, format or medium.  Metal Pay will not compensate you for any of your content.  You acknowledge that Metal Pay’s use of your content will not infringe any intellectual property or publicity rights.  Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Metal Pay. By posting content on our Services, you represent and warrant that the posting of your content does not violate this User Agreement or applicable laws.

24.3  Use of Other Users’ Content

You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the content posted by others except as expressly set forth in this User Agreement or allowed by law.

 

  1. Assignment

You may not transfer or assign any rights or obligations you have under this User Agreement without Metallicus’s prior written consent. Metallicus may transfer or assign this User Agreement or any right or obligation under this User Agreement at any time.

 

  1. Business Days

References in this user agreement to “business day(s)” mean(s) Monday through Friday, excluding holidays when our offices are not considered open for business in the U.S.  Holidays include New Year’s Day (January 1), Martin Luther King, Jr.’s Birthday (the third Monday in January), George Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25).  If a holiday falls on a Saturday, we observe the holiday on the prior Friday.  If the holiday falls on a Sunday, we observe the holiday on the following Monday.

 

  1. Linked Sites

Metal Pay may provide links to third-party websites or other resources (“Linked Sites”). Metal Pay has no control over these Linked Sites and is not responsible for the operation of any Linked Site. Metal Pay offers these links as a convenience only, and the availability of any Linked Site is not an endorsement of the content, or any products or services available on these Linked Sites, or an endorsement of any Linked Site’s owners, or its providers. You acknowledge and agree that you access these Linked Sites at your own risk. Any interactions or business dealings with advertisers or third parties other than Metal Pay found on or through our Service are solely between you and such advertiser or other third party. Without limiting any of the above, Metal Pay will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Linked Site.

 

  1. Consumer Fraud Warning

We are always looking for ways to help keep you even more secure.  So, stay on the lookout for some of these common scams:

  • Spoofing: a scammer sends forged or faked electronic documents or emails falsely claiming to be Metal Pay or coming from Metal Pay but asks you to send money outside your accounts with us.
  • Relative in Need: a scammer impersonates a family member (commonly grandchildren) and claims there is an emergency requiring you to send money.
  • Lottery or Prize: a scammer informs you that you’ve won a lottery or prize and must send money in order to claim it.
  • Debt Collection: a scammer impersonates a debt collector and induces you to send money using threats or intimidation.
  • Employment Related: a scammer instructs you to send money in connection with a fraudulent offer of employment.

Always use common sense when sending money or cryptocurrency.  If something sounds too good to be true, it probably is.  Only send money or cryptocurrency for yourself and not for others.  Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us at support.metalpay.com if pertaining to METALPAY or METAL VAULT accounts, or at support@crumbsapp.io if pertaining to CRUMBS accounts. 

 

  1. Governing Law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this User Agreement, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and any Metal Pay entity.

Certain aspects of the Service are available to users globally. If you are located outside the U.S., you consent to the transfer, storage and processing of your information, including any content or personal information, in and to the United States (“U.S.”) and/or other countries; and acknowledge and agree that Service derived or obtained from Metal Pay may be subject to the U.S. export laws and the export or import laws of other countries, and you agree to comply strictly with all such laws and, in particular, shall: (1) obtain any export, reexport, or import authorizations required by U.S. or your local laws; and (2) you understand that U.S. export control laws prohibit the export of certain technical data and software to certain territories, and that no software available from the Service may be downloaded or exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on OFAC’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders.

 

  1. Entire Agreement

This User Agreement, including our Privacy Policy that is incorporated herein by reference, sets forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and Metal Pay with respect to the subject matter hereof.

 

  1. Identity Authentication

You authorize Metal Pay, directly or through third parties, to make any inquiries we consider necessary to validate your identity.  This may include asking you for further information, requiring you to provide your date of birth, and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources.  We may also ask to see your driver’s license or other identifying documents at any time.  If you use certain features of the Services, federal law requires that Metal Pay verify some of your information.  Metal Pay reserves the right to close, suspend, or limit access to your accounts with us and/or the Services in the event we are unable to obtain or verify this information.

 

  1. Disclosures for California Residents

In addition to reporting complaints against Metal Pay directly to us as described in this User Agreement, if you are a California resident, you may report complaints to the California Department of Business Oversight by mail at Department of Business Oversight, Attn:  Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814 or online through its website at http://www.dbo.ca.gov/Consumers/consumer_services.asp. The California Department of Business Oversight offers assistance with its complaint form by phone at 1-866-275-2677.

 

  1. Unlawful Internet Gambling Notice

Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your account or your relationship with Metal Pay.  Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling. 

 

  1. Respect for the Information of Others

If you receive confidential and/or private information about another Metal Pay customer through the Service, you must keep the information confidential and only use it in connection with the Service.  You may not disclose or distribute any information about Metal Pay users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so.  You may not send unsolicited emails to a Metal Pay customer or use the Service to collect payments for sending, or assist in sending, unsolicited emails to third parties.

 

  1. Acceptable Use Provisions

You are independently responsible for complying with all applicable laws in all of your actions related to your use of the Services, regardless of the purpose of the use. In addition, you must adhere to these terms.

You may not use the Services for activities that:

  • violate any law, statute, ordinance or regulation.
  • relate to transactions involving (a) online pharmacies, narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) stolen goods including digital and virtual goods, (e) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) prostitution (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law.
  • relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (g) involve certain credit repair, debt settlement services, credit transactions or insurance activities, (h) involve offering or receiving payments for the purpose of bribery or corruption, (i) involve outbound telemarketing.
  • involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
  • involve collecting donations as a non-verified 501(c)(3) charity or non-profit organization
  • constitute or include acting as a money-transmitter
  • constitute or include selling stocks, bonds, securities, options, futures (forex) or an investment interest in any entity or property; or providing escrow services
  • constitute or include gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes, if the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
  1. Electronic Communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your accounts with us and your use of our Services.

Communications include:

  • agreements and policies, you agree to (e.g., our User Agreement and our Privacy Policy), including updates to these agreements or policies;
  • annual disclosures;
  • transaction receipts or confirmations;
  • account statements and history;
  • federal and state tax statements we are required to make available to you; and
  • any other account, or transaction information.

We will provide these Communications to you by posting them on our websites and/or by emailing them to you at the primary email address listed in your profile with us.

36.1  Hardware and Software Requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

  • a computer with an Internet connection;
  • a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
  • Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;
  • a valid email address (your primary email address on file with Metal Pay); and
  • sufficient storage space to save past Communications or an installed printer to print them.

We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from us. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.

36.2  How to Withdraw Your Consent

You may withdraw your consent to receive Communications electronically by contacting us via the “Contact Us” link on our websites. If you fail to provide or if you withdraw your consent to receive Communications electronically, Metal Pay reserves the right to either deny your application for an account, restrict or deactivate your account, close your account and any sub-account, or charge you additional fees for paper copies.

After you consent to receive Communications electronically, you may withdraw your consent to receive IRS Form 1099-K electronically by contacting us as described above. You will continue to receive all your other Communications electronically, but we will send your Form 1099-Ks to you by U.S. mail.

36.3  Requesting Paper Copies of Electronic Communications

If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send your paper copies, you must have a current street address on file as your “Home” address in your profile with us. If you request paper copies, you understand and agree that we may charge you a Records Request Fee for each Communication. The Records Request Fee will not be charged if you request a Form 1099-K in paper form; for all other Communications, the Records Request Fee is set out in Section 8 of the User Agreement.

 

  1. Updating Your Contact Information

It is your responsibility to keep your primary email address up to date so that Metal Pay can communicate with you electronically. You understand and agree that if Metal Pay sends you an electronic Communication, but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Metal Pay will be deemed to have provided the Communication to you.

Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Metal Pay (i.e., METALPAY, METAL VAULT, CRUMBS or whichever service you use) to your email address book so that you will be able to receive the Communications we send to you.

You can update your primary email address or street address for any particular service of ours at any time through the app for that service or by logging into our website for that service. If your email address becomes invalid such that electronic Communications sent to you by us are returned, Metal Pay may deem your account to be inactive, and you will not be able to transact any activity using your account until we receive a valid, working primary email address from you.

  1. Disclosures Regarding Cryptocurrency

38.1  Limitations

Cryptocurrencies are not FDIC insured and the use of cryptocurrencies may carry financial risk. In no event shall Metal Pay be liable or responsible for any damages, claims, applications, losses, injuries, delays, accidents, costs, business interruption costs, or other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, loss of cryptocurrency or digital assets, work stoppage, data loss, computer failure or malfunction, or any other commercial or other losses directly or indirectly arising out of or related to: this User Agreement (including our Privacy Policy); any service of Metal Pay; the use of MTL; any use of your digital assets or cryptocurrency by any other party not authorized by you (collectively, all of the foregoing items shall be referred to herein as “Losses”). Metal Pay is hereby released by you from liability for any and all Losses. We disclaim any and all warranties or guarantees, including any warranty of merchantability and warranty of fitness for any particular purpose. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, strict liability, or any other basis, even if Metal Pay has been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.

We note that the use, transfer and exchange of cryptocurrencies may be subject to applicable federal and state laws, including rules and regulations promulgated by various regulatory agencies, such as the Securities Exchange Commission, Financial Crimes Enforcement Network (FinCEN), Commodity Futures Trading Commission, Office of the Comptroller of the Currency, Internal Revenue Services and state money transmission or virtual currency business licensing agencies. The U.S. regulations on cryptocurrencies are subject to significant uncertainty and are evolving rapidly. While we are making every effort to comply with applicable rules and regulations in the U.S. and internationally with respect to our operations, we cannot predict nor guarantee that your use, transfer or exchange of cryptocurrencies on our system will not be subject of any such regulations. Any change of cryptocurrency regulations may have a material negative impact on your ability to use and transfer such cryptocurrencies and may cause you to lose all or a portion of the value of such cryptocurrencies.  

38.2  Cryptocurrency Prices, Exchange Rates, and Confirmations

Cryptocurrency and digital assets are highly experimental and risky. Our Services (which include but are not limited to purchasing cryptocurrencies on users’ behalf,) attempt to provide accurate price and exchange rate information, but this information is highly volatile, it is determined by third parties and can change quickly without users necessarily being aware of these changes.

Exchange rates you as a consumer or merchant receive when remitting payments to merchants or to other consumers are calculated at the time your transaction is accepted.

Due to varying security between blockchains and networks your payment is typically considered “accepted” at three block confirmations. Metal Pay may occasionally accept a payment with zero confirmations, though this decision is at Metal Pay’s sole discretion. It is important to note that a payment being broadcast to the blockchain network does not constitute an acceptance by Metal Pay of that payment.

The blockchain is responsible for confirming cryptocurrency transactions and Metal Pay is not liable for any loss due to, but not limited to, errors in the protocol, delays or any other breakdown relating to the blockchain

You acknowledge that Metal Pay cannot confirm, cancel or reverse cryptocurrency transactions.

You expressly agree that Metal Pay is not liable for any errors, loss or omissions due to sending cryptocurrencies to or receiving cryptocurrencies from incorrect wallet addresses, email addresses, entering incorrect transaction amounts, or any other information related to cryptocurrency transactions by using the service. Please ensure that you use the correct cryptocurrency addresses, email addresses, transaction amounts when transacting.

Cryptocurrencies are securely stored in a combination of online and offline storage. As a result, it may take up to 48 hours or more to facilitate cryptocurrency transactions. By using Metal Pay you accept the risk that transactions may be delayed, and you agree not to hold Metal Pay liable for any damages or loss due to delays.

The information contained on Metal Pay websites does not constitute accounting, legal, financial, consulting investment or other professional advice. You bear all the risks from any decision to hold, purchase or sell cryptocurrencies on this website and Metal Pay will not be liable for any loss suffered.

38.3  Returns and Refund Policy

Important: Cryptocurrencies, tokens, and digital assets are, by their nature, generally irreversible, and their exchange rates are highly volatile and transitory. For these reasons, customers may only receive a refund if Metal Pay has not yet completed the transmission. Once the asset has been transmitted, no refund is possible, even if the wrong address was provided to Metal Pay. All sales after transmission are final.

38.4  Our cryptocurrency

“MTL” is Metal Pay’s proprietary cryptocurrency. You earn MTL when you transact using our services. Eligible transactions include sending or receiving payments for goods or services allowed by us at our discretion.

38.5  Prohibited Jurisdictions

It is prohibited to use or access our Services from all countries and jurisdictions on the OFAC Sanctions List, available at https://sanctionssearch.ofac.treas.gov/.

It also is prohibited to use or access the METALPAY Services or CRUMBS Services in the following jurisdictions:

  • Alabama Connecticut, Georgia, Hawaii, Idaho, Illinois, Kansas, New York, North Carolina, Texas, Washington

Transactions from users in these jurisdictions are prohibited, and Metal Pay may seize any funds from users in these jurisdictions and donate them to a charity at Metal Pay’s sole discretion. By accessing this site or any services therein, you represent and warrant that you are not physically located in these prohibited jurisdictions.

38.6  Permissible Use

Metal Pay and all of its Services may be used only as a mechanism of software ledger entry translation between the user and Metal Pay. You are prohibited from using Metal Pay for the purpose of translating ledger entries with other parties, with the exception payments as permitted under this User Agreement.

38.7  Costs

From time to time, we may need to spend time dealing with issues brought to us by customers. Where any customer issue is not caused by our negligence or oversight, we reserve the right to recover reasonable administrative costs spent addressing the customer issue.

38.8  Cryptocurrency Conversion

Some uses of your Metal Pay account require a currency conversion. For example, converting your Metal Pay balance in U.S. dollars to a cryptocurrency, from one cryptocurrency to another cryptocurrency or from a cryptocurrency to U.S. dollars. Such conversions will be performed at a rate defined by a third-party partner. The exchange rate is displayed in the transaction information in your digital wallet with us.

38.9  Bank Fees

Your bank may charge you fees for sending or receiving funds through our Services. For example, depending on your location, you may be charged currency conversion processing fees, international transactions fees, or other fees even when your transaction is domestic and does not require a currency conversion. Metal Pay is not liable for any fees charged to you by your bank or other financial institution based on your usage of MTL or our Services.

 

  1. Transparency Statement

Metal Pay does not in any way obscure the information that it requests or obtains. Due to the inherent transparency of blockchains, transactions to and from Metal Pay are public and easily correlated. Utilizing Metal Pay to obscure transactions or assets in any way is pointless. Law enforcement has full access to blockchain information that goes in or out of our system.

You accept that Metal Pay will comply willingly with all legal reporting obligations and specific requests for information from it. As such, we reserve the right to provide information to law enforcement personnel and other third parties to answer inquiries; to respond to legal process; to respond to the order of a court of competent jurisdiction and those exercising the court’s authority; and, to protect Metal Pay and our users.

 

  1. Anti-Money Laundering and Counter-Terrorist Financing Statement

Metal Pay is committed to full compliance with all applicable laws and regulations regarding Anti- Money Laundering (“AML”). Our policy is to prevent people engaged in money laundering, fraud, and other financial crimes, including terrorist financing, from using the Services.

Metal Pay and our third-party partners have robust policies and procedures to detect, prevent and report suspicious activity. To comply with OFAC requirements with respect to U.S. sanctions, and global sanctions, we screen our customer accounts against government watch lists. We report suspicious transactions to OFAC in accordance with applicable law, as well as to the financial intelligence unit in the respective country.

How does this impact you?

As part of our AML procedures, we collect information from you to satisfy our “know your customer” (KYC) obligations. This means that we may request information from you due to a specific identification requirement or as a result of our watch list screening process. We may ask you to provide documentation to help confirm your identity or provide additional information regarding your business.

When is this information requested?

We may ask for this information during account opening or as part of our account review process which we periodically conduct on our existing customers.

 

  1. No Agency, Trustee or Fiduciary Relationship

Metal Pay is not your agent or trustee and does not have a fiduciary relationship with you.

 

  1. Escheatment of Dormant Accounts

If you do not log in to your accounts with us for five or more years, Metal Pay may close your account and send the balance to your primary address or, if required by applicable law, escheat (send) your balance to your state of residency. Metal Pay will determine your state of residency based on the state listed in the primary address for your account. If your address is unknown or registered in a foreign country, your balance will be escheated to the State of Delaware. Where required, Metal Pay will send you a notice prior to escheating any funds in your account. If you fail to respond to this notice, your balance will be escheated to the applicable state. If you would like to claim any escheated balance from the applicable state, please contact the applicable state’s unclaimed property administrator.

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