Member Terms & Conditions

DSG - Digital Swiss Gold (Jersey) Limited

Contents

 Information about Us

 Deemed acceptance and prevailing versions

 The purpose of Your and Our business relationship

 Data about You

o Privacy policy

 What types of Personal Data may We collect?

 How and why do We collect Personal Data? .

o Use of cookies

o Recording the source of Your incoming Funds

o Identifying Yourself

o Setting Your Linked Bank Account when You sell gold

o If You fail to validate Your Account

o Contact details

o What details of Your activity are visible to You

 Security & privacy

o Your Account and password

o Communication between You and Us

o Transmissions

o Email

o Other Contact Means

o Mail

 Buying gold

 Selling gold
 o Funds account

o Your payment and Your Card

o How We run promotional offers

o Account suspension and closure

o Confidentiality, money laundering, and the Linked Bank Account

 Care of Your gold

o Form and location

o Warranted gold content

o Vault Operators

o Your gold is allocated to Your unique Sub-Account number

o The status of Your gold

o Digital Swiss Gold Storage Agreement(s) with the Vault Operator(s)

o Insurance

o Ownership Records

o How We treat small gold balances derived from promotions

o Sending Gold

o Gold withdrawal and delivery

o Delivery in the event Digital Swiss Gold ceases trading

 How We process Your orders

o Order validation

o Live DSG Prices

o Dealing Advice and Contract

o Delivery & Settlement - Daily Price trades

o All Orders

 Termination of this Agreement

 In the event of Your death or incapacity

  Content and information

 Changes to the DSG App and Our Website

 Fees

 System availability and downtime

 External regulation of Digital Swiss Gold

 Correction of Errors

 Our Exclusions and Limits of Liability

 Investment and Tax advice

 Force Majeure – Events outside of Our control

 Language

 Governing Law and Arbitration

 Other important terms

 Risk warning notice

o Risks which are not a Digital Swiss Gold responsibility

o Risks which are a Digital Swiss Gold responsibility

Information about Us

DSG - Digital Swiss Gold (Jersey) Limited is registered with the Jersey Financial Services Commission
under Companies (Jersey) Law 1991 under registered number 130380, with offices at 44 Esplanade, St
Helier, Jersey JE4 9WG. We operate www.digitalswissgold.com (“Our Website”) and Our mobile
application (Our application, whether accessed via mobile device or desktop or other computer, is
referred to as the “DSG App”) for the digital purchase and sale of gold. Our Website, the DSG App and
other intellectual property is utilized by license from an affiliated entity, Digital Swiss Gold (Cayman)
Limited.

To contact Us, please see Our Contact Us page at www.digitalswissgold.com or email Us

on support@digitalswissgold.com

In these Member Terms and Conditions (“Terms and Conditions”) capitalized terms will have the meaning
given to them above or below. References to “Digital Swiss Gold”, “We”, “Our” or “Us” mean DSG –
Digital Swiss Gold (Jersey) Limited. References to “You” or “Your” mean you, the Member, including
during the period while Your application to become a Member is pending.

Deemed acceptance and prevailing versions

You become a user and subscriber (“Member”) of Digital Swiss Gold by registering for an account
(“Account”) via the DSG App and completing the know-your-customer (“KYC”)/anti-money laundering
(“AML”) process. In becoming a Member You accept and agree that these Terms and Conditions define
the entire business, service and/or other relationship between Digital Swiss Gold and You and that the
only party You have a business, service and/or other relationship with by virtue of becoming a Member is
Digital Swiss Gold. You accept and agree that You have no privity, contractual, business, service and/or
other relationship with or legal or other rights against any and all of Digital Swiss Gold’s affiliates
(“Affiliates”) or any and all of the service providers engaged by Digital Swiss Gold or its Affiliates (“Service
Providers”). Digital Swiss Gold considers You, and no one else, to be the owner of Your Account.

These Terms and Conditions are as of 27 December 2020 and replace all previous Terms and Conditions.

By giving thirty (30) calendar day notice of modifications We may from time to time modify Our Terms
and Conditions.

During such thirty (30) calendar day notice period You have the right to terminate the relationship under
the then-existing Terms and Conditions. This can be effected by selling all the gold bullion (“gold”) in
Your Account, receiving Your Funds (which term encompasses monies, funds and currency regardless of
the issuing nation) under the then-existing Terms and Conditions and asking for Your Account to be
closed. If You do not terminate the relationship in this way You are deemed to accept the new Terms and
Conditions.

New Members opening an Account within the thirty (30) calendar day notice period accept that they will
be bound by the new Terms and Conditions, which come into effect immediately with respect to them.

The purpose of Your and Our business relationship

You have chosen to become a Member in order to benefit from Digital Swiss Gold’s terms and services for
purchasing, storing, sending and selling gold. In order to deliver against Your expectations, Digital Swiss
Gold offers a service that is designed for access across the internet using the DSG App and Our Website
and expects to earn a profit from administration and other fees and charges We assess (“Fees”).

Data about You

Privacy policy

In order to provide You service, We will need to retain on Our systems information about You and You
permit Us to do so. We will ensure that when We collect Your Personal Data (as described below) it is:

  processed lawfully, fairly and in a transparent manner;

  collected only for specified, explicit and legitimate purposes;

  adequate, relevant and limited to what is necessary for the purposes for which it is processed;

  maintained with the most current information You have provided to Us;

  not kept in an identifiable form for longer than is necessary for the purposes for which You
provided it. This timeframe varies between two (2) and ten (10) years depending on the
regulatory requirement;

  secured by appropriate technical and organisational measures; and

   not transferred without adequate protection.

It is important that We keep Your information accurate and up-to-date and so in return You agree to:

 give Us accurate information; and

 tell Us as soon as possible if there are any changes to Your information, such as a new address.

Third-party platforms linked within the DSG App and on Our Website are not covered by this policy.

If any Personal Data or sensitive information relating to You is provided to Us, You confirm that You are
aware of and consent to the collection and use of Your data for the purposes of maintaining and
operating Your Account.

Personal Data is any information identifying You or information relating to You that allows Us to identify
You. This can be done either directly or indirectly from that data alone or in combination with other
information and identifiers We possess or can reasonably access.

Personal Data can be factual (for example, a name, email address, location or date of birth) or an opinion
about that person’s actions or behaviour.

Personal Data includes Special Categories of Personal Data and pseudonymised Personal Data but
excludes anonymous data or data that has had the identity of an individual permanently removed.

Special Categories of Personal Data is information revealing racial or ethnic origin, political opinions,
religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life,
sexual orientation and biometric or genetic data. Although Special Categories of Information do not
include information about criminal allegations, proceedings or convictions, there are separate safeguards
relating to this type of information.

Pseudonymisation or pseudonymised is the replacing of information that directly or indirectly identifies an

individual with one or more artificial identifiers or pseudonyms so that the person to whom the data
relates cannot be identified without the use of additional information which is kept separately and secure.

What types of Personal Data may We collect?

  Name;

  Age/date of birth;

  Contact information and user preferences;

  Other information that may be on Your identification documents that You provide to Us;

 Information pertaining to You retained by Our payment service providers or similar payment
mechanism processors (“PSPs”);

 Credit and debit card (sometimes, collectively, “Card”) information and payment details,
processed and stored through a certified payment vendor;

  Your Linked Bank Account details;

  Source of Funds and wealth information;

  Contractual details including goods and services provided;

  Copies of documents You provide to prove Your age or identity;

 Device/Electronic identification data (the type of computer, tablet, mobile phone or other device
that You use (“Device”) and unique Device identifiers such as Your IP address, Device’s IMEI
number, the MAC address of the Device’s wireless network interface, and the mobile phone
number, network and operating system used by the Device);

 Content data (information stored on Your Device related to Our service including login
information, photos, videos or other digital content and check-ins);

 Location data (We may utilise GPS technology to determine Your current location);

 Usage data related to Our service (this includes details of Your use of the DSG App (and any
additional apps We may develop) and Your visits to Our Website (and any additional websites We
may develop) including but not limited to traffic data and other communication data and the
resources that You access);

  Information collected through cookies (discussed more fully below);

  Address information;

  Employer information; and/or

  Any other information that is required to supply Our service to You.

For further information on the types of Personal Data that We hold, please contact Us via email
at support@digitalswissgold.com

How and why do We collect Personal Data?

We collect Personal Data, for example, when You access Our Website, download or install the DSG App,
become a Member and create Your Account, place an order respecting gold (or potentially other products
or services), make contact with Us (including making a complaint), enter a competition, complete a
survey We send, provide a product or service review and register to receive information about Our
competitions, products, services and offers.

We collect and process Your Personal Data based on one or more of the following reasons/legal bases:

 It is necessary for Us to perform under these Terms and Conditions and with respect to You, the
Member;

 You have given Us consent to process Your Personal Data for a specific purpose (for example, to
provide You information about Our competitions, products, services, offers and news);

 The processing is necessary for Us to comply with Our legal obligations (for example, to conduct
KYC/AML checks); and/or
  We have a legitimate interest to do so, and have taken Your rights into consideration (for
example, to obtain feedback on Our products and services, to better understand You as a
Member and to operate a refer-a-friend scheme in order to reward existing Members and to bring
in new Members).

As referenced above, We have a legitimate business interest (and in some cases a legal obligation) to
process Personal Data in order to better know Our Members. To do this We may combine the data that
We collect directly from You from Your interactions with Digital Swiss Gold with data that We obtain from
third parties.

We also have a legitimate business interest, for example, to help ensure that We provide products and
services that are most relevant to the interests of Our Members, keep Members informed and ensure that
the information that We send them via email, text messages (SMS), WhatsApp, other electronic means,
posted mail, phone or otherwise (sometimes, collectively, “Contact Means”) is relevant to their interests.
To opt-out of profiling and personalised direct marketing, update Your contact preferences. You are able
to opt out, and update Your Personal Data, at any time by contacting Us.

We will not reuse Your Personal Data for a new purpose other than for what it was originally collected
unless the new use is compatible with the original purpose for which the Personal Data was collected, We
have notified You of the new use and given You a reasonable opportunity to object to it, and the new use
is otherwise permitted or required by law.

Please note that if You do not share Your Personal Data or adjust Your contact preferences, We may not
be able to provide You or may have to stop providing You with the information, products or services that
You have requested.

We may collect data through various vendors that We contract with to provide Us services related to
payments, identity verification, AML, fraud detection and other similar services. These vendors have their
own Terms and Conditions, privacy policies and cookie policies. In addition, these vendors may act as
“data controllers” or “data processors” under relevant data protection law, such as the Data Protection
(Jersey) Law 2018. You may find more information about these matters and the policies of these
vendors, some or all of which may be utilized at any given time, at their respective websites which are as
follows:

Au10TIX – www.au10tix.com

DocuSign – www.docusign.com

Khosla Labs – www.khoslalabs.com

Kount – www.kount.com

Paytm – www.paytm.com

Regulatory Data Corporation – www.rdc.com

Worldpay by FIS Global – www.worldpay.com

For further information on how and why We have collected Your Personal Data, and an up to date list of
current data-processing or data-controlling vendors, please contact Us.
Use of cookies

When You use the DSG App and visit Our Website, Your Device/electronic identification data is logged to
track Your session. This is automatically recognised by Our servers and is used for system administration,
to provide You with a good experience and to provide statistics, which Digital Swiss Gold uses to evaluate
and improve use of the DSG App and Our Website.

We collect data which includes details of Your use of the DSG App and Our Website. This includes, but is
not limited to, traffic data, advertising data, other communication data and the resources that You
access. Some of this data is gathered from the use of cookies, which are also sometimes used to
distinguish You from other Members and users.

Cookies are small text files made up of letters and numbers that are stored on Your Device when You
visit particular webpages.

We use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of the DSG App and
Our Website. They include cookies that enable You to log into secure areas of the DSG App and Our
Website and make use of Our purchasing, storing, sending and selling services.

Analytical/performance cookies. These allow Us to recognise and count the number of visitors on,
and to see how visitors move around on and use, the DSG App and Our Website. This helps Us to
improve the way the DSG App and Our Website work, for example, by ensuring that Members and other
users are finding what they are looking for easily.

Functionality cookies.These are used to recognise You when You return to the DSG App and Our
Website. This enables Us to personalise Our content for You, greet You by name and remember Your
preferences.

Targeting cookies.These cookies record Your visit to the DSG App and Our Website, the webpages You
have visited and the links You have followed. We will use this information to make the DSG App and Our
Website and the advertising displayed on it more relevant to Your and other Members’ interests. We may
also share this information with third parties for this purpose.

Your Device will need to accept cookies to enable online transactions and the personalised features found
on the DSG App and Our Website.

Your Device can be used to restrict, block or delete cookies from the DSG App and Our Website, or any
other platforms, if You would prefer this. This ability differs from Device to Device, so please consult Your
Device’s ‘help’ documentation. Alternatively, You can visit for more information on how You can delete
and control the cookies that are stored on Your Device. If You would like to opt out of advertising
cookies, please be aware of the following websites that may assist You in doing so:

Network Advertising Initiative website - http://www.networkadvertising.org/; Digital Advertising Alliance

website - http://optout.aboutads.info/; Interactive Advertising Alliance website
-http://www.youronlinechoices.com/.
The data that We collect and share through the use of cookies is typically anonymous and not personally
identifiable. For example, it does not typically contain Your name, address, telephone number or e-mail
address.

Third-Party cookies

When You visit the DSG App and Our Website You may notice some cookies that aren’t related to Us. If
You visit a page that contains content which is embedded from other organisations, such as YouTube,
Google, Facebook and others, You may be sent cookies from these organisations. We do not control
these cookies and We would suggest that You visit these organisations’ websites to view information
about their cookies and how they are used.

We do have relationships with select suppliers who may also set cookies during Your visit to be used for
marketing purposes, such as showing You Our services and products if the supplier believes You may be
interested in them.

Social Media sharing

If You share Our content with friends through social networks such as Facebook and Twitter, You may be
sent cookies from these platforms. We do not control the setting of these cookies, so We suggest You
check these third-party websites for more information about their cookies and how to manage them.

Recording the source of Your incoming Funds

You permit Us to both record Your banking details and check them against identity documents when
these are supplied by You, Your bank or Your Card provider when You apply to become a Member or
make a payment.

Identifying Yourself

You undertake to identify Yourself prior to making a transaction on Your Account. You authorize Us to
make such enquiries as We may feel necessary to satisfy Ourselves about the validity of Your identity.

You will need to provide Digital Swiss Gold with such information as required or requested in relation to
these Terms and Conditions and becoming a Member, including all information required to comply with
all applicable laws and regulations (such as KYC and AML regulations). In particular, You undertake to
provide acceptable photographic proof of identity and proof of address.

During the period Your Account is open You agree to provide additional or updated documents or
information about You which may be needed for Us to maintain accurate records in accordance with
Bailiwick of Jersey or any other applicable law or regulations.

You accept that Your documents should be written in English. Where this is not so You undertake to
provide certified translations along with Your documents, at Your expense.

Setting Your Linked Bank Account when You sell gold

Each time You sell gold You undertake to provide clear evidence of the bank account to which the
realized Funds will be returned (Your “Linked Bank Account”). This evidence, which will usually be visible
on the top page of Your bank statement, will detail:
  Your bank's country;

 Your bank's name and logo;

 Your bank’s branch name or address;

 Your bank’s branch identifying code (e.g. transit, sorting or routing code);

 Your bank account name;

 Your bank account number; and

 Your name and address

When You provide those bank account details You agree that You are requiring Us to remit the Funds
realized upon the sale to Your Linked Bank Account via the appropriate PSP. Digital Swiss Gold will not be
responsible for, and You hereby hold harmless and indemnify and keep indemnified Digital Swiss Gold
against, any and all losses where You have accepted the banking details presented to You and they have
turned out to be incorrect.

If You fail to validate Your Account

A validated Account is a prerequisite to becoming and remaining a Member. You understand and accept
that a persistent failure by You to validate Your Account, after having received reminders, may incur
penalty charges and could lead to the suspension or closure of Your Account. These account validating
reminders will seek information about You, including possible KYC/AML refresher data and supporting
documentation.

We acknowledge that no such penalty charges will be applied where it is clear You are making a genuine
effort to validate Your Account but are being prevented from doing so by circumstances beyond Your
reasonable control.

You understand and accept that were You to fail to validate Your Account in suspicious circumstances
then Digital Swiss Gold would be legally obliged to notify AML authorities, without notifying You.

Digital Swiss Gold will not be responsible for, and You hereby hold harmless and indemnify and keep
indemnified Digital Swiss Gold against, any and all losses and costs which arise out of Your failure to
identify Yourself and validate Your Account promptly.

Contact details

You accept a duty to keep Your name, address and other contact details held by Us up to date and
accurate. Digital Swiss Gold is entitled to rely on the accuracy of the details You have supplied.

You accept that Your failure to maintain Your contact details correctly may negate some of the
protections You seek in Digital Swiss Gold. Digital Swiss Gold will not be responsible for, and You hereby
hold harmless and indemnify and keep indemnified Digital Swiss Gold against, any and all losses which
arise out of Your failure to maintain Your contact details correctly.

What details of Your activity are visible to You?

Security & privacy

Your Account and password

You will be provided with and/or create a user identification name, code, password and possible other
pieces of information as part of Our security procedures. You must treat such information as confidential.
You must not disclose it to any third party.

We have the right to disable any user identification name, code or password, whether chosen by You or
allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the
provisions of these Terms and Conditions.

If You know or suspect that anyone other than You knows Your user identification name, code or
password, You must promptly notify Us at: support@digitalswissgold.com

Communication between You and Us

Contact Digital Swiss Gold through email at: support@digitalswissgold.com

Transmissions

You accept that during a logged-in session on the DSG App or Our Website all data which pass between
You and Us, in either direction, are passed across the internet using the https protocol, which
incorporates a level of security widely accepted as offering very reliable privacy and accuracy in data
transmission.

Email

You accept that Digital Swiss Gold will send off-line information to You by email, including but not limited
to, acknowledgements of changes to Your key Account settings, login notifications, order confirmations,
execution advices, price alerts and changes to these Terms and Conditions.

You may not unsubscribe from emails relating to Your Account and its administration while a Member.
We may also send You general information regarding updates to Our products and services. You may
unsubscribe from these general updates by following the instructions included in such emails.

It is Your responsibility to ensure that You have a reliable email service provider that allows messages
from Digital Swiss Gold and properly displays them to You in a timely fashion.

Digital Swiss Gold is entitled to rely on Your receipt and acceptance of the content of an email if a) We do
not receive an automatically-generated notice of non-delivery within one (1) hour following transmission
and b) within three (3) calendar days of the transmission no response from You has been received by Us.

In the event that You communicate an issue with content of an email within three (3) calendar days of
transmission any resolution will be considered in the context of the delay, which You accept may have a
bearing on the value of any resolution proposed either by Us, or through arbitration processes (as
described below in Governing Law and Arbitration).

You understand and accept that email is not encrypted and that it operates with a similar degree of
privacy as physical post, in that a network engineer, like a postman, has the ability to see email and
attachments if he chooses to open Your mail. You accept and understand that easily comprehended open
format feedback to a known and used address is appropriate for reporting Your completed business to
You, off-line, and after the event.

We are not responsible for losses You may incur as a result of any email not being delivered in
circumstances beyond Our direct control.

If Your Account diminishes in size below a level at which it is reasonable to communicate via email We
reserve the right to suspend such outputs.

Other Contact Means

Digital Swiss Gold may use other (non-email and non-mail) Contact Means on mobile phones, such as
SMS (text) or phone calls, as a means of contacting You rapidly.

We are entitled to rely on Your receipt and acceptance of the content of any such Contact Means
communications if within ten (10) minutes of the transmission no rejection of the information has been
received by Digital Swiss Gold. We are entitled to rely in this regard on the accuracy of Our own
transmission records.

Digital Swiss Gold is responsible for initiating any such Contact Means communications correctly
according to the settings on Your Account and ensuring that they are received by the relevant technology
provider. But We are not responsible for losses You may incur as a result of any such Contact Means
communication not being delivered in circumstances beyond Our direct control. This might occur if Your
mobile phone was switched off or was operating in a zone or on a service technology which was not
reachable via the relevant technology providers.

If Your Account diminishes in size below a level at which it is reasonable to communicate via such
Contact Means We reserve the right to suspend such outputs.

Mail

We may send information to You by mail to Your address in Our records. Digital Swiss Gold is entitled to
rely on Your receipt and acceptance of the content of posted communications if within seven (7) calendar
days of the communication being sent no rejection of the information by You has been received by Us.

We are not responsible for losses You may incur as a result of mail not being delivered in circumstances
beyond Our direct control.

If Your Account diminishes in size below a level at which it is reasonable to communicate via mail then
We reserve the right to suspend such posted outputs.

Buying gold

In order to make a purchase via the DSG App You will be required to have a Card account accepted by a
PSP We have an established relationship with. You will also be required to enable international payments
on your Card.
You may be required to provide evidence of Your source of Funds and wealth in relation to any
purchased gold and We will contact You where this is required. Where We request this and You are
unable or refuse to provide the required evidence, We may return the Funds and cancel any purchase.

The charges that Your debit and/or credit card provider, and/or Your bank, charge to Digital Swiss Gold
with respect to Your purchase will be incorporated by Us in the Live DSG Buy Gold Price, as defined
below. If Your debit and/or credit card provider, and/or Your bank charge You processing fees directly,
You will be responsible for paying those. You should contact Your bank or Card issuer to confirm any
charges which they may impose before making a purchase.

When making a purchase You determine the amount of currency you wish to spend to purchase gold.
You will enter this amount into the DSG App and see the number of grams of gold You will purchase
based on the amount of currency divided by the Live DSG Buy Gold Price. The Live DSG Buy Gold Price is
an all-inclusive price based on the spot price of gold and includes Our administrative Fees, all credit or
debit card fees charged to Digital Swiss Gold and any foreign exchange (FX) fees. No additional Fees are
charged, and if you confirm your purchase, you will pay the amount of currency entered and receive the
quantity of gold indicated.

You accept and acknowledge that in all aspects of the gold buying process, Digital Swiss Gold acts solely
as Your agent to enable and facilitate Your gold purchases.

Selling gold

When making a sale You determine the quantity of gold in grams you wish to sell. You will enter this
quantity in the DSG App and see the proceeds you will receive based on the quantity of gold you wish to
sell multiplied by the Live DSG Sell Gold Price. The Live DSG Sell Gold Price is an all-inclusive price based
on the spot price of gold and includes Our administrative Fees, all credit or debit card fees charged to
Digital Swiss Gold and any foreign exchange (FX) fees. No additional Fees are charged, and if you
confirm your sale, you will sell the quantity of gold entered and receive the proceeds indicated.

You accept and acknowledge that in all aspects of the gold selling process, Digital Swiss Gold acts solely
as Your agent to enable and facilitate Your gold sales.

Funds account

Digital Swiss Gold operates a pooled Funds account (“Funds Account”) on behalf of Members which
always remains segregated from Digital Swiss Gold’s operating accounts.

Any Funds submitted to Us for the purchase of gold are placed in the Funds Account and used by Us to
settle Your gold purchase on Your behalf. This is usually completed within three (3) business days of You
confirming Your order.

Any Funds received by Us upon a sale of gold are also placed in the Funds Account and then promptly
sent to You.

You acknowledge that Funds credited to You in the Funds Account will be net of any outstanding Fees
owed to Us, which We are entitled to deduct.

You accept that in selecting the bank to look after Your Funds balance, We have taken due care in
ensuring that such entity is a licensed, accredited financial institution of adequate standing. You also
accept that the payment of Funds back to You upon a sale of gold may come from a different bank
account than the one Your Funds were deposited into.

On Your behalf Digital Swiss Gold is permitted to deploy Your Funds exclusively for the following
purposes:

1. To purchase physical gold from the recognized gold market on Your behalf;

2. To pay sale proceeds back to You; and/or

3. To pay Us in respect of service and other Service Provider charges according to these Terms and
Conditions and any outstanding Fees.

Digital Swiss Gold undertakes to maintain at all times within the Funds Account on behalf of Members
sufficient Funds to complete pending purchases and to promptly pay back sales proceeds.

We undertake to operate robust internal controls such that payments of Member Funds at withdrawal get
processed only when at least two authorized signatories of Digital Swiss Gold have inspected and
approved the payment instructions.

You understand and agree that We will not pay interest on either Your gold or Funds Account balances.

You accept and acknowledge that in all matters pertaining to the Funds Account, including the payment
process for buying gold, Digital Swiss Gold acts solely as Your agent.

Your payment and Your Card

You agree that You will not merge Funds belonging to different parties within a single Digital Swiss Gold
Account.

You agree that You will not pay Funds in any manner which obscures the source of Your Funds. For
example, You will not pay Funds, bankers' drafts or make anonymous/unreferenced credits at a counter.
All Your payments must come from a clearly identifiable source.

You accept You must only make a Card payment with a Card registered in Your own name.

You accept that Digital Swiss Gold retains the right to 'bounce back' Funds to the originating payment
Card if insufficient information is provided regarding the source of those Funds. Whenever this occurs,
You accept that We are entitled to charge You a Fee. You also accept that the bank(s) and payment
providers involved in returning those Funds may deduct a fee which will not be refunded by Us.

If You have purchased gold with a Card that We determine is not registered in Your own name, We
reserve the right to sell Your gold and return the Funds to that account and to assess against You any
charges We may incur.

Digital Swiss Gold will not be responsible for, and You hereby hold harmless and indemnify and keep
indemnified Digital Swiss Gold against, any and all losses which arise out of Your failure to fund Your
Account directly and identifiably from Your own Funds.

How We run promotional offers

From time to time We may choose to undertake promotional offers and/or giveaways. In the case of such
events, the terms of those promotions will be treated separately to these Terms and Conditions unless
the promotion terms expressly state otherwise.

Digital Swiss Gold reserves the right to claim back promotional balances where it reasonably believes the
Account has been set up to abuse the promotion.

Account suspension and closure

Digital Swiss Gold reserves the right to suspend or close any Account for reasons including, but not
limited to:

 We reasonably believe Your Account poses significant risk to You, itself or to other Members;

 We identify information provided by You as false or misleading, or You or someone else are using
the Account illegally or fraudulently;

 You have acted abusively or violently towards Digital Swiss Gold’s or its Service Providers’ staff;

 You are in breach of these Terms and Conditions (or have failed to remedy a breach where We
have asked You to do so); and/or

 You publicly slander or inaccurately reflect Your experience with Us.

You acknowledge that the suspension of Your Account will prevent further gold withdrawals and
purchases, sends or sales of gold. You accept that any applicable Fees will continue to be charged. You
accept that Digital Swiss Gold is not under any obligation to disclose the details of its risk assessment to
You.

If We suspend Your Account, it will not result in the expropriation of Your property. We will remove the
suspended status from Your Account as soon as the reason for suspension is remedied.

If We close Your Account We will sell any gold in the Account and, if the Account has been validated and
it is legal to do so, We will return the Funds balance to Your Linked Bank Account by bank transfer.

Confidentiality, money laundering, and the Linked Bank Account

Digital Swiss Gold, the DSG App and Our Website are not intended to be a resource for money
laundering, terrorist financing or any other unlawful or prohibited purposes (“ML Purposes”) and may not
be used for ML Purposes. We will not tolerate any attempted or successful use of Digital Swiss Gold, the
DSG App and/or Our Website for ML Purposes and will report to the relevant authorities and regulators
any such use or attempted use. Moreover, We will report to the relevant authorities and regulators any
suspect persons or entities identified during Our KYC/AML processes. By Your acceptance of these Terms
and Conditions You represent and confirm on a continuing bases that You will not utilize Digital Swiss
Gold, the DSG App and/or Our Website for ML Purposes, and You will be liable for any charges levied by
any third party Service Provider related to such activity.

For reasons relating to both security and AML legislation, We require gold purchase payments to come
from a payment mechanism registered to You.
For reasons relating both to security and AML legislation, Digital Swiss Gold enforces the exit of Funds to
Your Linked Bank Account.

Digital Swiss Gold recognises Your right to confidentiality where Your identity has been validated.
However, as noted, where for whatever reason We become suspicious of an attempted use of Your
Account for ML Purposes, You understand that We will actively assist the appropriate authorities in their
efforts to detect and prosecute it. Digital Swiss Gold also keeps comprehensive records of Funds and gold
dealing activity in order to assist the authorities in this regard.

You agree that Our decisions in the AML area will be final and not subject to review. You also understand
that We are under no obligation to explain the reason for such decisions.

Care of Your gold

Form and location

As Your agent, Digital Swiss Gold accepts assayed Swiss gold bars as good delivery from recognized
market professionals according to the practices which exist in the local market.

This gold is held as weighed and numbered bars in a form generally acceptable in settlement of local gold
market sales.

Swiss gold bars constitute investment gold (as defined by the London Bullion Market Association
(“LBMA”)) being not less than 99.99% purity and of a weight and manufacture accepted by the gold
markets.

Digital Swiss Gold accounting units of gold, in line with standard gold-market practice, are expressed in
fine gold content. The fine gold content of each bar is its weight multiplied by its purity.

Warranted gold content

Digital Swiss Gold warrants that every gram of gold in Your Account is a gram of the 100% fine gold
content of a 99.99% (or greater) assayed gold bar held in the relevant Vault.

Any breach of this warranty shall be remedied by Digital Swiss Gold itself arranging a replacement
through the procedures of the professional gold markets, or, failing that, by replacing any shortfall or
substandard material out of its own Funds.

Vault Operators

Each Vault Operator utilized by Digital Swiss Gold is a professional organization of the highest reputation
which is in the business of managing the receipt, storage and re-delivery of gold bars according to the
practices of the Swiss gold market.

You accept the Vault Operator(s) engaged by Digital Swiss Gold for each gold storage location.

Each Vault Operator has warranted to Digital Swiss Gold that its status within the gold industry permits
gold stored within its Vaults to retain the high levels of integrity expected by the Swiss gold market.

Your gold is allocated to Your unique Sub-Account number

 Your gold is held in Vaults controlled by each Vault Operator pursuant to a precious metal storage
agreement executed between Digital Swiss Gold and each Vault Operator (the "Storage Agreement").

In each Storage Agreement, the Vault Operator acknowledges that Your gold is held with Your unique
gold sub-account number. Specifically, the Vault Operator will establish sub-accounts of gold using the
gold designated account number allocated to You by Digital Swiss Gold on Your purchase of the gold
(each such account being a “Sub-Account”). In no event will any Sub-Account be held in any name or list
any party other than You and in no event will any Sub-Account be held in any name or list any party
other than You along with Your gold designated account number.

Digital Swiss Gold will not provide any Sub-Account information, other than quantities and Your gold
designated account number, to the Vault Operator unless required to do so by law or pursuant to an
order of a court of competent jurisdiction. Both Digital Swiss Gold and the Vault Operator acknowledge
and agree that:

 legal title in relation to the gold in the Sub-Accounts is held by the relevant Members; and

 neither party shall have any legal right, title or interest in any such gold.

Digital Swiss Gold undertakes to pay fees to the Vault Operator as instructed by You and for and on Your
behalf to cover the costs of storage and insurance of Your gold and thereby provide the storage service
provided by the Vault Operator. Digital Swiss Gold confirms that there is no Fee due from You for this
service.

Should Your account remain dormant for three (3) years, then Digital Swiss Gold reserves the right to
contact You to request that You instruct Digital Swiss Gold (at Your sole option and discretion) to:

a. move Your gold to another Vault Operator of Your choice (at Your cost, risk and expense);

b. sell Your gold at the LBMA Gold Price PM, publicly published daily on the LBMA’s and other public
websites (the “LBMA Gold Price PM”) to a purchaser and We would then send You the proceeds; or

c. start to pay Us Fees for vaulting and for handling Your gold at the then applicable Fees charged
by Us.

In the event that You fail to respond within thirty (30) days of Our contacting You, Digital Swiss Gold are
entitled to commence charging You Fees for vaulting and for handling Your gold with immediate effect at
the then applicable Fees charged by Us and You shall discharge those Fees within thirty (30) days of
invoice. Our invoices shall accrue interest on any sum due to Us, calculated as follows:

i. Rate. Four (4) percent a year above the Bank of England's base rate from time to time, but at
four (4) percent a year for any period when that base rate is below zero (0) percent; and

ii. Period. From when the overdue sum became due, until it is paid.

We confirm that Your gold safekeeping is structured as direct legal and beneficial ownership within a
professional gold Vault.

The status of Your gold

You agree that when Your purchase of gold is transacted through the DSG App, the gold purchased is to
be delivered by the seller within the Vault Operator's premises.

From that point onwards, the Vault Operator has agreed to act as physical custodian of Your gold until
terminated at Your instruction submitted exclusively via Digital Swiss Gold.

You agree that when Your sale of gold is transacted through the DSG App, the gold sold is to be
delivered to the purchaser, on Your behalf, as per Your instruction submitted exclusively to Digital Swiss
Gold. Furthermore, You agree that You will not be able to submit instructions directly to the Vault
Operator or expect the Vault Operator to provide information or physical withdrawal directly to You
except through Digital Swiss Gold.

Digital Swiss Gold will provide You a digital warehouse receipt each time You purchase or sell gold. Your
ownership will be evidenced as discussed below in Ownership Records.

You acknowledge that Your ownership does relate to a specific bar but also to a specific quantity of gold
in a specific Vault. Digital Swiss Gold acknowledges that the gold You own exists, is in the specified Vault,
is Yours, and that, being physical, it is ultimately capable of being sub-divided into measurable amounts
of gold which You could withdraw, subject to paying the physical withdrawal, fabrication and other
related Fees.

Digital Swiss Gold Storage Agreement(s) with the Vault Operator(s)

You authorize Digital Swiss Gold to act as Your agent for arranging custody of Your gold with the Vault
Operator and to contract with the Vault Operator to provide Vault services. We confirm to You that in
each "Storage Agreement" it is acknowledged by the Vault Operator that the gold stored under the
agreement is allocated and is the property of Digital Swiss Gold Members.

Digital Swiss Gold confirms to You that in each Storage Agreement it is acknowledged by the Vault
Operator that this allocated gold shall be specifically identified, and physically segregated at all times.

Digital Swiss Gold confirms to You that a minimum of three (3) months' notice from a Vault Operator is
required to terminate the Storage Agreement. In the event that such notice has been received by Us, and
if no alternate storage solution has been put in place in the intervening period, then a minimum of two
(2) months prior to the termination of the storage service We undertake to inform You of the situation,
thereby allowing You such time as You may need to arrange an alternate mechanism for owning and
storing Your gold.

Insurance

Your gold is insured against loss, damage and destruction according to the accepted insurance standards
of the gold industry.

Digital Swiss Gold confirms to You that in each Storage Agreement the Vault Operator undertakes to
provide documentary Evidence of Insurance.

Ownership Records

Digital Swiss Gold maintains the master copy of ownership records utilizing the Linux Foundation
Hyperledger blockchain solution. Digital Swiss Gold confirms to You that in so far as they relate to You
these records shall only be updated upon the execution of Your valid instructions, made according to
these Terms and Conditions. Digital Swiss Gold has no ability to amend information previously logged to
the blockchain.

Digital Swiss Gold ensures that at all times no less than the minimum number of required blockchain
nodes will be in operation to ensure the integrity and security of the records database.

Digital Swiss Gold makes viewable access to the blockchain available to both its auditors and the Vault
Operator. Neither can interpret or manipulate this data or are responsible for updating specific
information as part of their ongoing activities (such as bar lists, purity and weigh information).

How We treat small gold balances derived from promotions

If a non-Member participates in a Digital Swiss Gold promotion, such non-Member agrees to be bound by
the terms of the promotion and by these Terms and Conditions. In particular, such non-Member will need
to become a Member and establish an Account, inclusive of all KYC/AML procedures, prior to receiving
any awarded gold.

Digital Swiss Gold reserves the right to claim back promotional balances where it is believed that the
Account has been set up to abuse the promotion. We reserve the right to stop a promotion at any time
and without prior warning.

Sending gold

You may send gold stored in a Vault to other Members. Sending is done free of Fees via a logged-in
session on the DSG App. Sending is limited to 2 grams per day or a total of 20 grams in any given month.
Both the sending and recipient Members will be issued a digital warehouse receipt confirming the
transaction, and notation will be made on the Linux Foundation Hyperledger blockchain. For clarity,
sending gold does not involve the movement of gold, but rather, the indicia of ownership are transferred
from You to the Member you have selected, while the gold itself remains stored in the same Vault.

Gold withdrawal and delivery

You own gold stored in a Vault in Switzerland and have the right to go to that Vault to receive Your gold.
A retrieval Fee will be charged and You will also have to pay charges if fabrication is required. We do not
offer the option to have Your gold delivered to another Vault or location You select.

Delivery in the event Digital Swiss Gold ceases trading

Should Digital Swiss Gold no longer continue to operate, Your gold remains Your property and the record
of ownership remains independently recorded and immutably locked within the Linux Foundation
Hyperledger blockchain.

Our Board of Directors and auditors are instructed to work with and supply the relevant blockchain access
information to an appointed administrator in order to ensure Your gold is correctly identified and
preparations will be made to offer You two choices:

 Your gold will be delivered to You, subject to You paying the relevant fabrication and delivery
costs; or
  Your gold will be sold on Your instruction and the Funds returned to Your Linked Bank Account.

The cessation of operations of Digital Swiss Gold would not affect Your property rights with regard to
Funds or gold, but it would be likely to create some inconvenience and delay for You in taking hold of
that property.

How We process Your orders

You acknowledge Your competence to purchase and sell gold.

You understand that You may enter orders to purchase and sell gold on the DSG App, at quantities, and
in amounts, under Your control, subject to meeting the conditions set forth above in the respective
“Buying gold” and “Selling gold” sections. You understand that all orders will be transacted based on
either the Live DSG Buy Gold Price or Live DSG Sell Gold Price. For the avoidance of doubt, Digital Swiss
Gold does not take orders to purchase or sell gold by telephone, email, text or any other means other
than via the DSG App.

You agree that Your orders are to be submitted to Digital Swiss Gold’s servers by You via the DSG App.

Order validation

Our various order processes require You to check and amend any errors, and to approve all details prior
to confirming an order. You must take the time to read and check Your order at each stage of the order
process. Once Your order is placed and confirmed, it is final and irrevocable.

We will acknowledge Your order by sending You an e-mail and/or electronic notification via the DSG App.

In the unlikely event of a DSG App error (for example, a pricing error) We will inform You by e-mail
and/or electronic notification via the DSG App and We will not process Your order. If We have processed
the related payment, We will promptly refund You in full as soon as is reasonably practicable.

Live DSG Prices

Subject to Our service being available, We will permit You to place purchase orders to be filled at the Live
DSG Buy Gold Price provided that We have received Funds clearance from the relevant PSP. Sale orders
will also be filled at the Live DSG Sell Gold Price, provided the gold required to settle Your transaction is
reserved in Your Account.

You accept that Your trade price will be quoted in US dollars, pounds sterling or euros and then
converted to Your local currency at the applicable foreign exchange rate.

You understand the Live DSG Buy Gold Price and Live DSG Sell Gold Price may include the addition of a
premium relating to attaining physical bars of gold in Switzerland as determined by market
circumstances.

You accept any prevailing delay in settlement of gold into the Vault (for example caused by weekend
orders when the market is closed) and understand that You will not be able to sell any pending-
settlement gold until physical gold has settled into Your Account.

You accept that You will not be able to place a limit price on Your purchase and sell orders.
Dealing Advice and Contract

Digital Swiss Gold will acknowledge executed orders and parts thereof to You via email and/or electronic
notification via the DSG App shortly after each execution occurs.

Delivery & Settlement - Daily Price trades

Settlement of Your purchase or sale of gold will usually occur on or before the third (3rd) business day
after the order has been placed, or as soon thereafter as practicable. By settlement, We mean the receipt
of gold at the Vault following a purchase or the payment of Funds to You following a sale. Once an order
is settled, delivery is complete. For a purchase, the Funds required to settle Your transaction will be paid
via Your Card at the point of order. For a sale, the gold required to settle Your transaction will be
reserved in Your Account until settlement of the Funds occurs.

For the avoidance of doubt, physical delivery and settlement of Your gold purchase always occurs at the
Vault. Under no circumstances should You expect the physical gold that You purchase through the DSG
App to be delivered to any place other than the Vault.

Digital Swiss Gold may at its discretion settle Your trades early.

All Orders

Upon settlement of a transaction on the DSG App a purchaser receives and becomes the owner of gold
and a seller is credited with Funds. Similarly, a purchaser is debited Funds in exchange for gold and a
seller makes delivery of its gold.

The delivery of gold in settlement is effected by book entry within the Linux Foundation Hyperledger
blockchain system and the issuance of a digital warehouse receipt. Your resulting gold balance is legally
and beneficially owned by You and You alone.

We instruct each Vault Operator to custody and vault Your gold on Your behalf.

The payment of Funds is effected by book entry within the Linux Foundation Hyperledger blockchain.

Digital Swiss Gold instructs the bank and/or payment provider on Your behalf.

Your overall gold balance is composed of the sum of Your vaulted gold balance and Your unsettled gold
balance. Your settled balance of Gold is held for You in storage by Your chosen Vault Operator(s). Your
unsettled gold balance is applied to Your Vault Sub-Account balance when Your trade settles.

Termination of this Agreement

The prevailing Terms and Conditions remain in effect until Your Account is closed.

You may close Your Account by following the steps outlined on the DSG App and Our Website.

In the event of Your death or incapacity

In the event that You become incapacitated You permit Us to allow Your Account to be maintained on
Your behalf by Your duly authorized party as identified below.
If You no longer have mental capacity, Your attorney/controller/deputy/guardian/intervener must inform
Us as soon as practicable of their appointment and provide evidence of their appointment. Third parties
that You grant access to Your Account, or who are appointed, may be subject to the same KYC/AML
criteria as a Member, including being subject to certain credit and personal identity and residency checks.

In the case of deceased Members, a personal representative must inform Us as soon as practicable of
their appointment and provide evidence of their appointment. A personal representative may be subject
to the same KYC/AML criteria as a Member, including being subject to certain credit and personal identity
and residency checks.

Digital Swiss Gold undertakes to process Your Account in accordance with the instructions of Your
authorized executors or administrators.

You permit Digital Swiss Gold to seek legal advice in the jurisdiction of Your estate's administration, at
the expense of Your Account.

Content and information

Content provided on the DSG App, Our Website or via Contact Means is provided for general information
only. It is not intended to amount to advice on which You should rely.

Although We make reasonable efforts to update information provided on the DSG App, Our Website or
via Contact Means, We make no representations, warranties or guarantees, whether express or implied,
that such information is accurate, complete or up to date.

Whilst We will make reasonable efforts to send out automated notifications as may be requested in
respect of the DSG App, We accept no responsibility for any failure or delay in respect of the sending of
such notifications.

Changes to the DSG App and Our Website

We may update the DSG App and Our Website from time to time and may change the content at any
time. However, please note that any of the content on the DSG App and Our Website may be out of date
at any given time, and We are under no obligation to update it.

We do not guarantee that the DSG App and Our Website, or any content on it, will be free from errors or
omissions.

Fees

In the event Our Fees for services You request or require are not published on the DSG App, You should
contact us. You will have the right and opportunity to review and accept these Fees prior to entering into
a transaction.

System availability and downtime

The system is scheduled to operate continually except where planned software updates and maintenance
is necessary, usually carried out on weekends. We will always provide an advance warning notice via Our
Website for planned downtime. There may also be planned service interruptions at other times where
maintenance requires urgent action which cannot wait until a weekend. Such service interruptions will
where possible be planned at times of lower Member and public demand.

Where service interruption is planned, and You have an open order Your order will ordinarily survive the
service interruption.

When an unscheduled service interruption occurs and You have an open order, Your order will ordinarily
survive. However, in some instances these orders may be removed at the resumption of the service and
any un-traded element of the order will be treated as cancelled.

We will endeavour to keep You informed via the Contact Means when You have open orders during a
period of unscheduled service interruption, but You accept that the nature of the service interruption may
make it impractical for Us to do this.

You accept that service interruption is an unavoidable event on networked computers. You accept Our
terms for handling service interruption vis-a-vis Your open orders. We will not be responsible for losses
You may incur as a result of any such interruption.

External regulation of Digital Swiss Gold

Digital Swiss Gold is required to comply with the Bailiwick of Jersey's anti-money laundering regime which
in turn is recognised as being in the top tier of jurisdictions under the 2003 Financial Action Task Force
(FATF) recommendations, being rated in 2016 as Compliant or Largely Compliant with 48 out of 49
former FATF recommendations by the Council of Europe's Committee of Experts on the Evaluation of Anti
Money Laundering Measures and the Financing of Terrorism.

There is no cost to You in reporting a crime and it is the duty of the relevant authorities to bring before
the courts a case against Digital Swiss Gold or Our officers arising from a breach of law.

Digital Swiss Gold is not regulated by the Jersey Financial Services Commission.

You understand and acknowledge that together with the whole of the London gold market, Digital Swiss
Gold's regulatory status is markedly different from the financial services industry.

Modern financial services businesses throughout Europe and America tend to be companies which deal in
paper-based instruments generally called 'securities', and these are subject to increasing legal
sophistication and regulation.

Because Digital Swiss Gold offers a credit-free environment, and because We deal in the absolute
ownership of physical gold acquired on the spot market, and not paper based contractual rights
extending beyond the normal settlement period of the spot market, We fall outside the defined scope of
formal financial services regulation, as does the rest of the spot physical gold industry in London England
as an example.

The London gold market – which is the biggest in the world – is instead regulated by traditional property
and common law.

We confirm that Your gold safekeeping is structured as direct legal and beneficial ownership within a
professional gold Vault.
 Correction of Errors

Record Keeping Error

In the event of administrative error, We are entitled after the event to make appropriate adjustments to
records of Your Account.

Trading System Error

Neither Digital Swiss Gold nor You have the right to make profits from trading system failures.

Our Exclusions and Limits of Liability

a. The following provisions set out the entire financial and legal liability of Digital Swiss Gold
(including any liability for the acts or omissions of its employees, agents, sub-contractors, Affiliates and
Service Providers) to You in respect of:

i. any breach by Us of these Terms and Conditions;

ii. Our performance or contemplated performance under these Terms and Conditions;

iii. any other matter, claim or right of any nature whatsoever arising under or in connection
with these Terms and Conditions;

iv. any other matter, claim or right of any nature whatsoever arising out of Your being a
Member and/or using the DSG App or Our Website, including but not limited to, the purchase, storage,
sending, sale, withdrawal and/or delivery of gold or the processing of any transactions involving gold
and/or Funds for You by Us; and/or

v. any representation, statement or tortious act or omission, including but not limited to
negligence, arising under or in connection with these Terms and Conditions.

b. All warranties, conditions and other terms implied by statute or common law are, to the fullest
extent permitted by law, excluded herefrom.

c. Nothing in these Terms and Conditions excludes or limits the liability of Digital Swiss Gold for any
matter in which it would be illegal for Digital Swiss Gold to exclude or attempt to exclude its liability.

d. Subject to paragraphs (b) and (c) above:

i. Digital Swiss Gold 's total liability in contract, tort (including negligence or breach of
statutory duty), misrepresentation, restitution or any other manner, arising out of, with
respect to or in connection with the items set forth in paragraph (a) above or otherwise
shall be limited to the value of Your gold from time to time deposited with or by Digital
Swiss Gold;

ii. Digital Swiss Gold shall not be liable to You for any pure economic loss, fall in the value
of Your gold or currency, loss of profit, loss of business, depletion of goodwill or any
other matter, in each case whether direct, indirect or consequential, or any claims for
consequential compensation whatsoever (howsoever caused) arising out of, with respect
to or in connection with the items set forth in paragraph (a) above or otherwise; and
 iii. We shall only be liable to You to the extent any liability is covered by, and not excluded
under, Our insurance policies in place.

b. In becoming a Member You accept and agree that these Terms and Conditions define the entire
business, service and/or other relationship between Digital Swiss Gold and You and that the only party
You have a business, service and/or other relationship with by virtue of becoming a Member is Digital
Swiss Gold. Further, You accept and agree that You have no privity, contractual, business, service and/or
other relationship with or expectations of Digital Swiss Gold’s Affiliates or Service Providers. Accordingly
You fully and completely waive and surrender, and agree not to sue or bring legal action respecting, any
matter, claim or right of any nature whatsoever that You may have against any Affiliates or Service
Providers arising out of, with respect to or in connection with the items set forth in paragraph (a) above
or otherwise.

Investment and Tax advice

All information provided on or available through the DSG App, Our Website or via Contact Means, is
provided for general information purposes only and does not constitute investment or tax advice. Gold
markets can be volatile, and the value of gold may go down as well as up. As such, investments in gold
involve a degree of risk which may make them unsuitable for certain persons. Before making any
investment decision, You may wish to seek advice from Your financial, legal, tax and/or accounting
advisers. You should carefully weigh the risks associated with investing in gold considering Your own
individual financial needs and circumstances.

We are not tax advisers and any information provided on the DSG App and Our Website in connection
with the tax status of the gold is provided for general information only and should not be relied upon.
Any underlying tax legislation is always subject to change. You should obtain any specific advice from
Your tax advisers.

You are responsible for paying such local taxes and associated charges as are or may be applied with
respect to Your being a Member and/or using the DSG App, including, but not limited to, those on gold
purchases, storage, sends, sales, withdrawals and deliveries – these may be charged directly by Us when
known by Us, or by the appropriate authorities.

Force Majeure – Events outside of Our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our
obligations that is caused by an Event Outside Our Control.

An Event Outside Our Control means any act or event beyond Our reasonable control, including without
limitation, unscheduled closings of relevant gold markets, strikes, lock-outs or other industrial action by
third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence,
adverse weather conditions, epidemic, pandemic or other natural disaster, failure of public or private
telecommunications networks, impossibility of the use of railways, shipping, aircraft, motor transport or
other means of public or private transport or the acts or omissions of suppliers, sub-contractors or
Service Providers.

If an Event Outside Our Control takes place that affects the performance of Our obligations:
a. We will contact You as soon as reasonably possible to notify You; and

b. Our obligations will be suspended and the time for performance of Our obligations will be
extended for the duration of the Event Outside Our Control.

Language

You are entitled to consider that reasonable care has been taken by Us in the translation into different
languages of Our information and documents, and that these translations fairly reflect the underlying
meaning of an original document in the reference language of Digital Swiss Gold, which is English. In the
event of any differences between the English version of these Terms and Conditions and any non-English
versions, the English version shall prevail.

You can contact Us in any language in which Our Website is published.

You can make informal complaints in any language in which Our Website is published.

You can make formal complaints in any language in which Our Website is published.

You will provide a translation into English to enable the adjudicating arbitrator to assess Your complaint
fairly in words submitted by You or Your translator.

Dispute resolution through arbitration shall take place in English and be communicated to You in English,
and also in the language of Your complaint if You have provided a translator.

Governing Law and Arbitration

The law governing these Terms and Conditions and the provision of the Digital Swiss Gold service to
Members is the substantive law of England and Wales.

You and We agree to engage in good faith negotiations to resolve any dispute arising out of or in
connection with these Terms and Conditions, Your being a Member, Your use of the DSG App or Our
Website or otherwise – this may be done via any of the Contact Means You and We agree to. Should any
such dispute not be resolved via good faith negotiations, it shall be referred by Us to and finally resolved
by arbitration under the London Court of International Arbitration Rules, which Rules are deemed
incorporated in this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration
shall be London, England. The language to be used in the arbitral proceedings shall be English. The law
to be used in the arbitral proceedings shall be the substantive law of England and Wales.

You agree to comply with all relevant laws of any territory in which You make use of the Digital Swiss
Gold service.

Other important terms

You may only transfer Your rights or Your obligations under these Terms and Conditions to another
person if We agree in writing.

Each purchase, storage, send, sale, withdrawal and delivery or other transaction and these Terms and
Conditions are, as agreed above, between You and Us only. No third party/other person shall have any
rights to enforce any of its or their provisions against any other party (including but not limited to Digital
Swiss Gold, Affiliates or Service Providers).

Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant
authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain
in full force and effect. Headings used in the Terms and Conditions shall not affect the interpretation of
these Terms and Conditions.

If We fail to insist that You perform any of Your obligations under these Terms and Conditions, or if We
do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived
Our rights against You and will not mean that You do not have to comply with those obligations. If We do
waive a default by You, We will only do so in writing, and that will not mean that We will automatically
waive any later default by You.

Risk warning notice

The following lists contains certain risks Digital Swiss Gold considers material. It does not constitute a
statement of all possible risks. You assume all risks pertaining to use of the DSG App and Our Website,
and to the purchasing, selling and ownership of gold, unless specifically stated otherwise herein.

Risks which are not a Digital Swiss Gold responsibility

Gold, silver and platinum price movements — You are exposed to the risk of potential loss arising
from a falling gold price during the time in which You own gold. This risk is not a Digital Swiss Gold
responsibility and is a risk You accept and undertake.

Money politics — Governments and other agencies seeking currency stability, or for other reasons,
might seek to constrain or tax the ownership of gold to the disadvantage of its owners. The actuality or
fear of government action may affect the value of stored gold. The associated risks are not Digital Swiss
Gold’s responsibility and are risks You accept and undertake.

Bank Collapse – as occurred during the financial crisis of 2008-09, and has occurred at other times,
financial institutions may collapse, face liquidity crunches or other material disruptions, and they may
enter insolvency, receivership or similar proceedings. Should such a situation arise with respect to the
financial institutions We have chosen, for instance, to hold Members’ Funds,it could hinder, compromise
or eliminate Your ability to recover some or all of Your Funds. The associated risks are not Digital Swiss
Gold’s responsibility and are risks You accept and undertake.

Identity theft — If Your Account is compromised, You are at risk of unauthorized access to Your
Account. Any change of Your Account details of which We are aware would be acknowledged to You by
Us. An attempt to bleed Your Account of value in favour of another Account would, to the extent
reasonably possible, be reversed whenever advised to Us in reasonable time, and would lead to detection
and prosecution of any criminal activity without gain. In these ways Digital Swiss Gold seeks to minimise
the risks to You associated with identity theft but ultimately these risks are not Digital Swiss Gold’s
responsibility and are risks You accept and undertake unless the breach of security can be shown to have
occurred because of Digital Swiss Gold's gross error.
Liquidity risk — Gold markets have at times, and may in the future, suffer from risks associated with
market liquidity, which may in turn impact gold prices and Your ability to purchase or sell gold. These
risks are not Digital Swiss Gold’s responsibility and are risks You accept and undertake.

System availability — Digital Swiss Gold's computerized machinery, which is accessed by You through
the DSG App across the internet, might become inaccessible for periods of time. This could prevent You
from executing a transaction which You would otherwise have made. The associated risks are not a
Digital Swiss Gold responsibility and are risks You accept and undertake.

Insurance exclusions —Your Gold is Your property. As such, Your gold is subject to insurance
exclusions imposed by underwriters in line with established insurance practice regarding the physical
protection of gold. These risks are not a Digital Swiss Gold responsibility and are risks You accept and
undertake.

Risks which are a Digital Swiss Gold responsibility

Certain duties of care —Digital Swiss Gold accepts it has duties of care with regard to certain aspects
of risk concerning Your gold and undertakes to manage risks so as to contain them at minimal levels,
consistent with best business practices.

Subject to Our Exclusions and Limits of Liability contained in these Terms and Conditions, Digital Swiss
Gold accepts liability for failing in this duty.

Physical gold theft — Your gold could conceivably be stolen from a Vault by determined thieves. It is
the Vault Operator which accepts a duty to retain sufficient security measures, and to maintain cover
against such an eventuality either in terms of its own resources or its insurance policies. Digital Swiss
Gold accepts a duty to regularly monitor the Vault Operator’s overall standing as a professional
organization and to ensure the maintenance of a limit sufficient to cover at least the value of the gold
stored.

Subject to Our Exclusions and Limits of Liability contained in these Terms and Conditions, Digital Swiss
Gold accepts liability for failing in this duty.

Physical gold theft — Your gold could conceivably be stolen from a Vault by determined thieves. It is
the Vault Operator which accepts a duty to retain sufficient security measures, and to maintain cover
against such an eventuality either in terms of its own resources or its insurance policies. Digital Swiss
Gold accepts a duty to regularly monitor the Vault Operator’s overall standing as a professional
organization and to ensure the maintenance of a limit sufficient to cover at least the value of the gold
stored.

Subject to Our Exclusions and Limits of Liability contained in these Terms and Conditions, Digital Swiss
Gold accepts liability for failing in this duty.

Theft of Customer Funds — Funds held in the Funds Account could be illegally transmitted through the
banking system by a determined thief, or thieves.

Subject to Our Exclusions and Limits of Liability contained in these Terms and Conditions, Digital Swiss
Gold accepts liability for failing in this regard.
Digital Swiss Gold segregation management — A failure by Digital Swiss Gold's system to prevent a
Member from over-purchasing beyond his or her Funds balance, or over-selling beyond his or her gold
balance would render an Account temporarily incapable of meeting its obligations to other customers.
The risk of material loss is nonetheless small, because any such over-trading would be substantially offset
by a surplus in the opposite segregated Account.

Subject to Our Exclusions and Limits of Liability contained in these Terms and Conditions, Digital Swiss
Gold accepts liability for failing in this duty.

Digital Swiss Gold record keeping — a risk in all business record keeping systems is that internal
records may show a position which satisfies the organization but does not represent the real world.
Associated problems may only come to light when it is too late. The risk rises with increasing complexity
of transactions and the availability of credit, which generally do not apply to Digital Swiss Gold.
Nonetheless, record keeping risks do exist at Digital Swiss Gold, and among other measures, We attempt
to minimize those risks through annual and other more frequent internal and independent audits and the
implementation of an immutable blockchain solution.

Subject to Our Exclusions and Limits of Liability contained in these Terms and Conditions, Digital Swiss
Gold accepts liability for failing in this duty.

Disastrous data loss —Digital Swiss Gold's system contains data in electronic form which could
conceivably be lost in a widespread and catastrophic machinery failure. Digital Swiss Gold operates a
redundant machinery policy which means that every component of its data storing capability is protected
by both local and remote data duplication. In addition, Digital Swiss Gold operates a blockchain based
customer and gold record keeping database which is immutable and contains multiple back-up copies due
to the nature of blockchain architecture. The likelihood of a simultaneous loss of all data copies is low.

Subject to Our Exclusions and Limits of Liability contained in these Terms and Conditions, Digital Swiss
Gold accepts liability for failing in this duty.