These Terms of Use (“Terms”) represent a contract between you and Scalyr Technologies, Inc. (d/b/a Truvius) and our affiliates (“Truvius”, “we”, “us” or “our”) governing your use of the Truvius websites and online platform (“Platform”), which allows clients to construct and invest in a portfolio (“Portfolio”) comprised of a selection of investment products (“investments”) you select that are comprised of crypto coins, tokens, and other crypto-related assets (“Digital Assets”) and any advisory, administrative, operational, and reporting services made available by Truvius through the Platform from time-to-time (the “Services”).
You must be at least eighteen (18) years of old and a U.S. resident that is not a resident of the State of New York in order to use the Services.
As a condition of your use of the Platform, you agree to comply with all of the terms and conditions in these Terms at all times. The terms include any Terms to resolve disputes by arbitration on an individual basis.
You also agree to comply with the following policies and agreements, which are attached as exhibits and incorporated into these Terms:
Acceptable Use Policy (Exhibit A)
Consent to Receive Electronic Disclosures (Exhibit B)
You also acknowledge receipt of the Truvius Privacy Policy which is attached as Exhibit C to these Terms.
In order to gain access to the investments and Truvius’ investment advisory services, you will also need to execute an Investment Advisory Agreement with Truvius which governs the advisory relationship between you and Truvius. To the extent of any conflict between the terms of such Investment Advisory Agreement and the terms of these Terms, the terms of the Investment Advisory Agreement will control.
You will also be subject to any agreements and terms of use or similar documents made available to you by third parties that provide services in relation to your Truvius account and the Services and agree to abide by all such agreements and terms of use. Such third-parties include, without limitation, any broker-dealers or custodians that provide services in connection with any custody services pertaining to Digital Assets or trading of Digital Assets performed by Truvius on your behalf.
We may revise these Terms and any/or of the policies and agreements listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. We reserve the right to amend these Terms at any time without notice, subject to applicable law. By continuing to use our services after any changes to these Terms become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to these Terms, you must close your Truvius account immediately.
If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and to bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
Opening a Truvius account
Truvius maintains several types of user accounts: accounts for individuals and accounts for institutions.
Accounts for individuals are intended solely for the personal use of such individuals and may not be used to hold assets of other persons or entities or invest assets on behalf of any other persons or entities.
Accounts for institutions may be utilized to invest assets on behalf of such institutions or other third parties from whom the institution has obtained authority to invest the assets on behalf of such third parties. You are responsible for designating those individuals who are permitted to access and use your institutional account (Permitted Users”) and to revoke any permissions with respect to any Permitted Users.
In order to open an account, we and our custodian partner require submission of information to verify the identity of the user for business and regulatory purposes. You consent to our sharing of information with third parties in order to verify your identity.
All information that you provide must be complete, accurate and truthful. You must update this information whenever it changes.
You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity (and that of any Permitted Users) or to protect you and/or us against fraud, money laundering, terrorist financing or other financial crime, and to take any action we deem necessary based on the results of such inquiries.
When we carry out inquiries, you acknowledge and understand that your personal data, and that of any Permitted Users, may be disclosed to identity verification, compliance data recordation, credit reference, fraud prevention, or financial crime agencies and that these agencies may respond to our inquiries in full. You can review our Privacy Notice to obtain more information about how we process your personal data.
We may also require you to comply with our enhanced due diligence procedures by submitting additional information about yourself, your business or your Permitted Users, providing additional records or documentation, or having face to face meetings with representatives of Truvius.
Until your information and identity has been verified, you will not be able to deposit funds or begin trading in your Truvius account.
We reserve the right in our sole and absolute discretion to deny you the right to open an account with Truvius.
However, even after we open an account for you, we reserve the right to close, suspend, or limit access to your Truvius account and/or the Services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.
Accessing your Truvius account
To access your Truvius account, you or, where relevant, your Permitted Users, must have the necessary equipment (such as a computer or smartphone) and access to the internet. Your Truvius account can be accessed directly using the Platform or by such other mode of access (including APIs) as we may prescribe from time-to-time.
You are responsible for obtaining the data network access necessary to use the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Platform. Truvius does not guarantee that the Truvius Services, or any portion thereof, will function on any particular hardware or devices. The Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
You are only permitted to access your Truvius account by using the Access credentials we provide to you or your permitted users for such purposes. We may require multi-factor authentication to keep your Truvius account safe and secure.
You must ensure that any Truvius account(s) registered under your name will not be used by any person other than yourself or, with respect to an institutional account, your permitted users, other than in accordance with these Terms.
You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material. Except as provided by Applicable Law, you are responsible for backing up and maintaining duplicate copies of any information you store or transfer through the Truvius Services. We are not responsible for any claim or losses resulting from your failure to comply with this provision.
At all times, you and any Permitted Users shall maintain adequate security and control of all of your Access credentials. You are responsible for taking the necessary security measures (or ensuring that your Permitted Users take such measures) to protect your Truvius account and to keep your Access credential secure, including by:
strictly abiding by all of our policies and procedures;
creating a strong password and maintaining security and control of your Access credentials;
keeping the Email Account and telephone number provided to us up to date in order to receive any notices or alerts that we may send you;
never allowing remote access or sharing your computer and/or computer screen with someone else when you are logged on to your Truvius account;
remembering that under no circumstances will we ask you to share your passwords or 2-factor authentication codes; and
logging out from the websites or the Platform at the end of each visit.
You must keep the Email Account and Access credentials secure against any attacks and unauthorized access. You must notify us immediately if you have knowledge or have reason for suspecting that the security of your Email Account, or that of a Permitted User, has been compromised or if there has been any unauthorized use of your or any Permitted User’s Email Account.
It is important that you monitor your Account History to ensure any unauthorized or suspicious activity on your Truvius account is identified and notify us immediately upon discovery of any unauthorized or suspicious transaction. You acknowledge that any Security Breach may result in unauthorized access to your Truvius account by third parties and the loss or theft of any Digital Assets and/or funds held in your Truvius account and any associated accounts, including your linked bank account(s).
If you suspect a Security Breach, you must ensure that:
we are notified immediately at clientservices@truvius.io and continue to be provided with accurate and up to date information throughout the duration of the Security Breach; and
you take any other steps that we may reasonably require to reduce, manage or report any Security Breach.
We reserve the right to request, and you agree to provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected Security Breach, and may provide such information to any third party that we deem necessary in order to resolve any Security Breach.
Depositing Funds into Your Truvius account
If we have verified the required identifying information that you provide to us, Truvius may offer you the ability to add funds to your Truvius account from a bank account or your crypto wallet. Only deposits in U.S. dollars or approved digital assets will be approved for your Truvius account. Initial deposits must be at least $15,000 in value.
With respect to such bank accounts or crypto wallets that are linked to your Truvius account, you represent and warrant that such bank accounts are titled in your name and that you have full authorization to transfer funds from such bank accounts or crypto wallets into your Truvius account.
YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT INFORMATION YOU SUBMIT IN CONNECTION WITH THE DEPOSIT OF FUNDS INTO YOUR TRUVIUS ACCOUNT IS ACCURATE AND COMPLETE PRIOR TO SUBMITTING ANY REQUEST TO DEPOSIT FUNDS INTO YOUR TRUVIUS ACCOUNT. THIS INCLUDES ENSURING THAT, AMONG OTHER THINGS, ANY INFORMATION IN CONNECTION WITH THE SENDING AND RECEIVING INSTITUTION/ACCOUNT (INCLUDING, WITHOUT LIMITATION ANY CRYPTO WALLET ADDRESS) ARE ACCURATE AND COMPLETE. THE FAILURE TO ACCURATELY INPUT SUCH INFORMATION COULD LEAD TO A POTENTIAL PERMANENT LOSS OF ANY ASSETS REQUESTED TO BE TRANSFERRED, PARTICULARLY WHERE INCORRECT INFORMATION IS PROVIDED IN CONNECTION WITH A CRYPTO WALLET FROM WHICH DIGITAL ASSETS ARE TO BE RECEIVED BECAUSE SUCH TRANSACTIONS ARE VERY LIKELY TO BE IRREVERSIBLE. YOU ACKNOWLEDGE THAT TRUVIUS WILL NOT BE LIABLE IF YOU PROVIDE THE INCORRECT INFORMATION IN CONNECTION WITH SUCH DEPOSIT REQUESTS AND AGREE THAT TRUVIUS WILL NOT BE LIABLE FOR ANY OBLIGATIONS, COSTS, FEES, LOSSES, LIABILITIES, CLAIMS, JUDGMENTS, ACTIONS, DAMAGES, AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, EXPENSES, AND COURT COSTS (“LOSSES”) PAID, SUFFERED, OR INCURRED BY ANY INDEMNIFIED PERSONS ARISING OUT OF ANY INCORRECT INFORMATION PROVIDED BY YOU IN CONNECTION WITH ANY DEPOSIT REQUEST. YOU ALSO AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TRUVIUS AND ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (“INDEMNIFIED PERSONS”) AGAINST ANY AND ALL LOSSES PAID, SUFFERED, OR INCURRED BY ANY INDEMNIFIED PERSONS ARISING OUT OF ANY INCORRECT INFORMATION PROVIDED BY YOU IN CONNECTION WITH ANY DEPOSITS OR TRANSFERS.
YOU ALSO UNDERSTAND THAT ERRORS IN THE SYSTEMS OF THIRD PARTIES INVOLVED IN THE TRANSFER, INCLUDING SOFTWARE BUGS OR HARDWARE FAILURES, CAN POTENTIALLY LEAD TO THE FAILURE OF TRANSFERS AND THE LOSS OF YOUR CRYPTO ASSETS. TRANSFERS ARE ALSO SUBJECT TO THEFT OR MISAPPROPRIATION BY THIRD PARTIES THROUGH CYBERATTACKS AND OTHER MEANS. TRUVIUS WILL THEREFORE NOT BE RESPONSIBLE FOR ANY LOSSES ARISING OUT OF ANY ACTIONS OR OMISSIONS OF THIRD PARTIES IN CONNECTION WITH ANY TRANSFERS OR WITHDRAWALS.
Funds transferred from your bank account or crypto wallet could be delayed for a variety of reasons. For instance, fund transfers may be delayed for several days in the event of a federal or bank holiday. Funds transfers may also be delayed pending verification that such transfers do not violate applicable laws, rules, or regulations. It is your responsibility to verify the status of any transfer requests.
Holding Funds in Your Truvius account
Funds transferred into your Truvius account are held in custody with our custodian partner, and Truvius has no physical custody of such assets and will not be responsible for custodial services related to the assets in your Truvius account.
It is also important to note that any amounts held for your benefit through such custodial account are not eligible for and will not receive the benefit of FDIC deposit insurance, and, therefore, in the event of the failure of the custodian, you could suffer the loss of all amounts deposited in such custodial account.
Transferring Funds out of and Closing Your Truvius account
You may initiate withdrawals of assets from your Truvius account in U.S. dollars or approved digital assets. Any withdrawals made in U.S. dollars may only be made to accounts from which funds were deposited into your Truvius account. Any withdrawal request must be for an amount equal to at least $100 unless such withdrawal is in connection with closure of the Truvius account. Any withdrawal of more than 75% of the value of your Truvius account will trigger a full withdrawal of all amounts from your Truvius account.
You acknowledge that withdrawal of amounts from your Truvius account may require liquidation of investments from your Portfolio and rebalancing of your Portfolio based on the stated allocation parameters for your Portfolio.
YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT INFORMATION YOU SUBMIT IN CONNECTION WITH A REQUEST FOR WITHDRAWAL OF FUNDS FROM YOUR TRUVIUS ACCOUNT IS ACCURATE AND COMPLETE PRIOR TO SUBMITTING ANY WITHDRAWAL REQUEST. THIS INCLUDES ENSURING THAT, AMONG OTHER THINGS, ANY INFORMATION IN CONNECTION WITH THE SENDING AND RECEIVING INSTITUTION/ACCOUNT INCLUDING (WITHOUT LIMITATION ANY CRYPTO WALLET ADDRESS) ARE ACCURATE AND COMPLETE. THE FAILURE TO ACCURATELY INPUT SUCH INFORMATION COULD LEAD TO A POTENTIAL PERMANENT LOSS OF ANY ASSETS REQUESTED TO BE WITHDRAWN, PARTICULARLY WHERE INCORRECT INFORMATION IS PROVIDED IN CONNECTION WITH A CRYPTO WALLET TO WHICH DIGITAL ASSETS ARE TO BE SENT AS SUCH TRANSACTIONS ARE VERY LIKELY TO BE IRREVERSIBLE. YOU ACKNOWLEDGE THAT TRUVIUS WILL NOT BE LIABLE IF YOU PROVIDE THE INCORRECT INFORMATION IN CONNECTION WITH SUCH WITHDRAWAL REQUESTS AND AGREE THAT TRUVIUS WILL NOT BE LIABLE FOR ANY LOSSES PAID, SUFFERED, OR INCURRED BY ANY INDEMNIFIED PERSONS ARISING OUT OF ANY INCORRECT INFORMATION PROVIDED BY YOU IN CONNECTION WITH ANY WITHDRAWAL REQUEST. YOU ALSO AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE INDEMNIFIED PERSONS AGAINST ANY AND ALL LOSSES PAID, SUFFERED, OR INCURRED BY ANY INDEMNIFIED PERSONS ARISING OUT OF ANY INCORRECT INFORMATION PROVIDED BY YOU IN CONNECTION WITH ANY WITHDRAWALS OR TRANSFERS.
YOU ALSO UNDERSTAND THAT ERRORS IN THE SYSTEMS OF THIRD PARTIES INVOLVED IN THE TRANSFER, INCLUDING SOFTWARE BUGS OR HARDWARE FAILURES, CAN POTENTIALLY LEAD TO THE FAILURE OF TRANSFERS AND THE LOSS OF YOUR CRYPTO ASSETS. TRANSFERS ARE ALSO SUBJECT TO THEFT OR MISAPPROPRIATION BY THIRD PARTIES THROUGH CYBERATTACKS AND OTHER MEANS. TRUVIUS WILL THEREFORE NOT BE RESPONSIBLE FOR ANY LOSSES ARISING OUT OF ANY ACTIONS OR OMISSIONS OF THIRD PARTIES IN CONNECTION WITH ANY TRANSFERS OR WITHDRAWALS.
Account Information and History
You will be able to access your Account Information and History on the Platform. You must periodically review your Account information and History carefully and let us know if you see any entries or Transactions that you do not recognize or you think are incorrect within fourteen (14) calendar days of the date that your Account History is provided or made available to you. Failure to timely notify us of any errors could result in our inability to reverse any incorrect transactions, and we will not be liable for any resulting Losses.
Any information contained in the account activity provided by Truvius must be verified against the account statements, which are provided by our custodian partner directly and may be made available in the “Activity” section of the Platform. Account statements represent the most accurate information pertaining to your account.
We may rectify any error in your Account History at any time, and reserve the right to void, cancel or reverse any Transaction involving or deriving from a Manifest Error or to amend the details of such Transaction to reflect what we reasonably consider to be the correct or fair details of such a Transaction.
Review of Account Activity
We may review account and transaction activity at various times, including when deposits or withdrawal are initiated. This review checks for, among other things, suspicious or illegal activity and whether your account complies with these Terms. 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 or that are sent to you until verification is completed.
Reviews may result in:
delayed, blocked or cancelled transfers;
money or payments being held by us;
money or payments being applied to amounts you owe to us or used to offset loss incurred by us;
account limitation, suspension or termination;
money or payments being seized to comply with a court order, warrant or other legal process; and/or
money or payments you previously received being reversed.
Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a compromised account.
Restricted Activities
In connection with your use of the Services or your Truvius account or in the course of your interactions with us or third parties, you must not:
Breach these Terms (or any policies or agreements incorporated herein) or any other agreements between you and us;
Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Create or control more than one personal account for yourself without our express authorization through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;
Provide false, inaccurate or misleading information;
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 money from both us and the recipient or bank for the same transaction;
Control an account that is linked to another Truvius account that has engaged in any of these restricted activities;
Use the Services in a manner that results in or may result in complaints or disputes
Have any amounts owed to us;
Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or the Services;
Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Services;
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;
Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, any of the Services or other users’ use of any of the Services;
Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;
Use the Services to make excessive or unexplainable transactions;
Circumvent any of our policies or determinations about your Truvius account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: (a) attempting to open new or additional Truvius account(s) when you have amounts owed to us or when your Truvius account has been restricted, suspended or otherwise limited; (b) opening new or additional Truvius accounts using information that is not your own (e.g. name, address, email address, etc.); or (c) using someone else’s Truvius account; or
Harass and/or threaten our employees, agents, or other users.
Actions We May Take if You Engage in Any Restricted Activities
If we believe that you’ve engaged in any restricted activities, we may take a number of actions to protect ourselves, our users and others at any time in our sole and absolute discretion. The actions we may take include, but are not limited to, the following:
Terminate these Terms, limit your Truvius and/or Truvius account, and/or close or suspend your Truvius and/or Truvius account immediately and without penalty to us;
Refuse to provide the Truvius or Services to you in the future;
Limit your access to our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, your Truvius account, or any of the Services;
Restricting your ability to send funds or transfer assets;
Hold funds in your Truvius account for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy;
Update inaccurate information you provided us;
Take legal action against you; or
If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to us caused by your violation of this policy.
If we close your Truvius account or terminate your use of the Services for any reason, we’ll provide you with notice of our actions and make any unrestricted funds held in your Truvius account or that have been sent to you available for bank transfers.
Holds and Limitations
What are holds and limitations?
Under certain circumstances, in order to protect Truvius and the security and integrity of the network that uses the Services, Truvius may, in its sole and absolute discretion, take account-level or transaction-level actions. A hold may be placed on your Truvius account.
Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of Truvius, our users and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your Truvius account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.
Holds
A hold is an action that Truvius may take under certain circumstances either at the transaction level or the account level. When Truvius places a temporary hold on a transaction, the funds are not available to you. Truvius reviews many factors before placing a hold on a transaction, including: account tenure, transaction activity, and past disputes.
Holds based on Truvius’ risk decisions
We may place a hold on transactions involving your Truvius account if, in our sole and absolute discretion, we believe that there may be a high level of risk associated with you, your Truvius 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 hold based on a number of factors, including information available to us from both internal sources and third parties.
Risk-based holds may remain in place for up to 180 days from the date the transaction was made. We may release the hold earlier under certain circumstances, but any earlier release is at our sole and absolute discretion.
Account Limitations
Limitations may be placed on your account to help protect Truvius and Truvius users 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 Truvius account open.
There are several reasons why your Truvius account could be limited, including:
If we suspect someone could be using your Truvius account without your knowledge, we’ll limit it for your protection and look into the unusual activity.
If another financial institution alerts us that someone has used one of your linked payment methods without permission.
In order to comply with the law.
If we reasonably believe you have breached these Terms or violated the Acceptable Use Policy or Content Standards.
You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect us, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.
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 Truvius account, placing a hold or limitation on your Truvius account, or releasing your funds. We will decide, in our sole and absolute discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you or your Truvius 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.
Protection from Unauthorized Transactions
To protect yourself from unauthorized activity in your Truvius account, you should regularly log into your Truvius account and review your custodial account statements.
We will take commercially reasonable efforts to protect you from unauthorized transactions.
What is an Unauthorized Transaction?
An “Unauthorized Transaction” occurs when funds are sent from your Truvius account that you did not authorize and that did not benefit you. For example, if someone steals or fraudulently obtains your password, uses the password to access your Truvius account, and sends a payment from your Truvius account despite security measures you have taken to protect your Truvius account, an Unauthorized Transaction has occurred.
What is not considered an Unauthorized Transaction?
The following are NOT considered Unauthorized Transactions:
If you grant authority to someone to use your Truvius account (by giving them your login information) and they exceed the authority you gave them. You are responsible for transactions made in this situation unless you have previously notified us that you no longer authorize transfers by that individual.
If you believe your Truvius login information has been lost or stolen, please contact Truvius immediately at clientservices@truvius.io.
Tell us at once if you believe that an electronic fund transfer has been made without your permission using your login information or by other means.
Investments
Once you have opened a Truvius account, signed the Investment Advisory Agreement with Truvius, and deposited funds into your Truvius account, you may gain access to the various investment products comprised of digital assets on the Platform (collectively, the “investments”). Subject to certain restrictions described in the Platform, you may select to add any of these investments to your Portfolio and allocate your Portfolio among available investments as you choose.
Truvius will make recommendations of various investments based on your responses to the investor questionnaire you complete that give us information about your investment experience, investment objectives, risk tolerance, time horizon, and net worth. You are not obligated to accept the recommendations made by Truvius and may accept or reject such recommendations. You may select investments not recommended by Truvius. However, you must be aware that such investments may not be suitable for you given the information you have provided about your financial circumstances and needs, and Truvius bears no responsibility with respect to your selection of any such investments not recommended to you by Truvius.
Over time, investments made available through the Platform may be added or removed, and Truvius makes no representation that any investment will continue to be available indefinitely on the Platform. Should an investment no longer be available on the Platform, Truvius will notify you if you have a current investment in such investment and provide you with instructions on what will take place with respect to such investment.
Investments in digital assets are subject to numerous risks, and such investments are speculative in nature. You should review the risk factors associated with investments in digital assets which can be found on our Form ADV disclosure brochure which can be found at www.adviserinfo.sec.gov.
Past performance is not indicative of or a guarantee of future results. Investments involve risk including the potential loss of all amounts invested.
Communications Between You and Us
By providing us your mobile phone number, you agree that we, including our affiliates, may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) service your Truvius branded accounts or (ii) prevent fraud via multi-factor authentication We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. Message and data rates may apply. The frequency of messages may vary, and standard telephone minute and text charges may apply. Neither we nor your phone carriers are liable for delayed or undelivered messages. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
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.
We may communicate with you about your Truvius account and the Services electronically as described in our Consent to Receive Electronic Disclosures, which are attached as Exhibit B. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it.
Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Protection from Unauthorized Transactions process), written notices must be sent by postal mail to Scalyr Technologies, Inc. DBA Truvius, 265 Franklin St., Ste. 1702, Boston, MA, 02110.
You understand and agree that, to the extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations or internet-based audio or video calls you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded not all telephone lines or calls, including internet-based audio or video calls, may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Our Rights
Our suspension and termination rights
We, in our sole and absolute discretion, reserve the right to suspend or terminate these Terms, access to or use of our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or some or all of the Services for any reason and at any time upon notice to you and, upon termination of these Terms, the payment to you of any unrestricted money being held for you.
Security interest
As security for the performance of your obligations under these Terms, you grant to us a lien on, and security interest in and to, money in your Truvius account and any other assets held in our possession.
Amounts owed to us
We may deduct amounts owed to us, in whole or in part, from money that is sent to your Truvius account later, either by you or from payments sent to you. While you owe amounts to us, we may:
engage in collection and other efforts to recover such amounts from you, including, but not limited to, making attempts on your linked payment methods to cover the amounts; and
place a limitation or take other action on your Truvius account as outlined under Restricted Activities and Holds.
If you have more than one Truvius account, even if you have those accounts without our authorization and in breach of these Terms, we may set off amounts owed to us in one Truvius account against money in or money sent to your other Truvius account(s). If you continue using your Truvius account when you have amounts owed to us, you authorize us to combine amounts owed to us with any debit or transaction sent from your account.
In addition to the above, if you have a past due amount owed to us, including our affiliates, we may debit your Truvius account or accounts held at our affiliates or various products to pay any amounts that are past due.
If you have amounts past due, you should confirm that your payment methods contain funds sufficient to cover any amounts past due. This will help you avoid overdraft or other fees your financial institution may charge.
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’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of these Terms.
No waiver
Our failure to act with respect to a breach of any of your obligations under these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
Limitation of Liability and Indemnification
To the fullest extent permitted by applicable law, you understand and agree that Truvius and the other Indemnified Persons will not be liable for any Losses arising directly or indirectly out of (a) any breach of these Terms (including any exhibits attached hereto) by you; (b) any incorrect or inaccurate information or instructions provided by you including, without limitation, in connection with any requests related to your investments or asset transfers; any decisions you take in connection with your investments that has not been recommended by Truvius; and (d) any acts or omissions of any third parties in connection with the operation of the Platform or the provision of the Services; provided that we acted with reasonable care in selecting such service providers.
Truvius shall not be liable for delays or errors occurring by reason of circumstances beyond its control, including but not limited to acts of civil or military authority, national emergencies, work stoppages, fire, flood, catastrophe, acts of God, insurrection, war, riot, act of terrorism, or failure of communication or power supply. In the event of equipment breakdowns beyond its control, Truvius shall take reasonable steps to minimize service interruptions but shall have no liability with respect thereto.
We may, from time to time, suspend access to your Truvius account and/or the Services, for both scheduled and emergency maintenance. We will make reasonable efforts to ensure that Transactions on the Platform are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.
Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform, including information in relation to the Services, is accurate, complete or up to date. Certain such information is provided by third parties, and Truvius has not verified and assumes no responsibility for verifying the accuracy or completeness of such information and takes no responsibility for any inaccurate, incomplete, or out of date information provided by any third party.
Links to third-party websites (including, without limitation, content, materials, and/or information in the third-party websites) are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the content, materials, information or services contained in any third-party websites accessible or linked from the Platform.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Indemnified Persons from and against any and all Losses paid, suffered, or incurred by any Indemnified Person arising out of or in connection with (a) any breach of these Terms (including any exhibits attached hereto) by you; (b) any incorrect or inaccurate information or instructions provided by you including, without limitation, in connection with any requests related to your investments or asset transfers; any decisions you take in connection with your investments that has not been recommended by Truvius; and (d) any acts or omissions of any third parties in connection with the operation of the Platform or the provision of the Services; provided that we acted with reasonable care in selecting such service providers.
Disclaimer of Warranty and Release
No warranty
THE SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE SERVICES, AND OPERATION OF OUR WEBSITES, SOFTWARE, OR SYSTEMS (INCLUDING ANY NETWORKS AND SERVERS USED TO PROVIDE ANY OF THE SERVICES) OPERATED BY US OR ON OUR BEHALF MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR ASSET TRANSFERS ARE PROCESSED IN A TIMELY MANNER BUT WE MAKE 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 INTERNET. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
Arbitration
You and Truvius agree that any claim or dispute at law or equity that has arisen or may arise between you and us (including claims or disputes that arise out of or relate to the Services or your Truvius account) will be resolved in accordance with the Terms to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:
Affects your and our rights and will impact how claims between you and us are resolved, including your and our Terms to waive the right to trial by jury.
Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against us.
Requires you to follow the Opt-Out Procedure to opt-out of the Terms to Arbitrate by mailing us a written notice. If you are a new user, the opt-out notice must be postmarked no later than 30 days after the date you accept these Terms for the first time.
If a dispute arises between you and Truvius regarding the Services, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Truvius regarding the Services may be reported to Truvius at any time by contacting us at info@truvius.io.
Terms to Arbitrate
You and Truvius each agree that any and all disputes or claims that have arisen or may arise between you and Truvius (including claims or disputes that arise out of or relate to the Services or your Truvius account), 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 or in small claims court. You or Truvius may assert claims in small claims court instead of in arbitration if the claims qualify and so long as the matter remains in small claims court and advances only on an individual (non-class, non-representative) basis. These Terms to Arbitrate are intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of these Terms to Arbitrate.
Before bringing any dispute or claim, you or Truvius must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to Truvius at: Scalyr Technologies Inc. DBA Truvius, 265 Franklin St., Ste. 1702, Boston, MA, 02110. Truvius will send any notice to you to the address we have on file associated with your Truvius account; it is your responsibility to keep your address up to date. To be valid, the Notice of Dispute must contain all information called for in the Notice of Dispute form including but not limited to: your or Truvius’ signature, the email address and phone number associated with the customer’s Truvius account, a description of the nature and basis of the claims that are being asserted, a statement of the specific relief sought, and any relevant documents and supporting information reasonably available to the claiming party.
If you and Truvius are unable to resolve the claims described in the notice within 45 days after the notice is received by you or Truvius, you or Truvius may commence an arbitration proceeding. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. The Notice of Dispute requirements are essential in order to give the parties a meaningful chance to resolve disputes informally.
You and Truvius 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 or representative action or proceeding. Unless both you and Truvius agree otherwise, the arbitrator 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 or class proceeding. Also, the arbitrator 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 Truvius users.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability, the scope or enforceability of these Terms to Arbitrate, and issues that these Terms to Arbitrate indicates that a court can resolve.
Any arbitration will be administered by the American Arbitration Association (referred to as the "AAA"). For all claims, the Consumer Arbitration Rules in effect at the time the arbitration is commenced, as applicable, and as modified by these Terms to Arbitrate, shall apply. The AAA's rules are available at www.adr.org. In the event that the AAA is unavailable or unwilling to administer the arbitration consistent with these Terms to Arbitrate, another administrator will be selected by the parties or by the court.
Any arbitration hearings shall be held in Suffolk County in the State of Massachusetts. If the value of the relief sought is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless any party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. In cases where an in-person hearing is held, you and/or Truvius may attend by telephone or videoconference, unless the arbitrator requires otherwise.
The arbitrator 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. No court or arbitrator shall be bound by rulings in prior arbitrations involving different Truvius users, but a court or arbitrator will be bound by rulings in prior arbitrations involving the same Truvius user to the extent required by applicable law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all AAA or arbitrator fees will be governed by the AAA's rules, unless otherwise stated in these Terms to Arbitrate. In the event the arbitrator determines that either the substance of your or Truvius’ claim or the relief sought was frivolous or brought for an improper purpose, then you or Truvius may seek to recover from you or Truvius any fees it paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law.
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 these Terms to Arbitrate is invalid or unenforceable, the other parts of these Terms 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 because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Terms to Arbitrate shall be arbitrated under its terms.
You can choose to reject these Terms to Arbitrate (“opt-out”) by mailing us a written opt-out notice. For new Truvius users, the opt-out notice must be postmarked no later than 30 days after the date you accept the Terms for the first time. You must mail the opt-out notice to Scalyr Technologies Inc. DBA Truvius at 265 Franklin St., Ste. 1702, Boston, MA, 02110.
Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to these Terms 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 Truvius or you prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by these Terms to Arbitrate that have arisen or may arise between you and Truvius. We will notify you of amendments to these Terms to Arbitrate by providing notice through email at least 21 days before the effective date of the amendments. If you do not agree to these amended terms, you may close your Truvius account within the 21-day period and you will not be bound by the amended terms.
Miscellaneous
Assignment
You may not transfer or assign any rights or obligations you have under these Terms without our prior written consent. We may transfer or assign these Terms or any right or obligation under these Terms at any time.
Business Days
“Business Day(s)” means Monday through Friday, excluding holidays when Truvius’ offices are not considered open for business in the U.S. 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.
Governing law
You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in these Terms, the laws of the State of Massachusetts, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Truvius regarding your use of the Services.
State disclosures
In addition to reporting complaints about the Services directly to us as described above, 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 866-275-2677. If you are a California resident, you have a right to receive communications about your Truvius account and the Services by email. To make such a request, send a letter to Truvius to: Scalyr Technologies, Inc. DBA Truvius, 265 Franklin St., Ste. 1702, Boston, MA, 02110, include your email address, and your request for that information by email.
Florida residents may contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762.
Exhibit A
ACCEPTABLE USE POLICY
Your use of any services offered by Scalyr Technologies, Inc. (d/b/a Truvius) and our affiliates (“Truvius”, “we”, “us” or “our”) is contingent on your full compliance with this Acceptable Use Policy. Capitalized terms used herein but not defined shall have the meaning ascribed to such terms in the Terms of Use, as amended from time-to-time. If you are an entity, this Acceptable Use Policy also applies with respect to users of your account who access the Truvius Services, and references to “you” and “your” herein shall also refer to such users. This policy may be modified and updated from time to time, and it is your responsibility to ensure that you periodically review this Acceptable Use Policy to ensure your full compliance with this policy. Your continued use of the Truvius Platform and/or Services and services following any amendment of this Acceptable Use Policy constitutes your agreement to abide by the terms set forth herein. Your violation of this policy will constitute a material breach of any other user agreement in connection with your use of any Truvius services.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of Truvius’ services, regardless of the purpose of the use. In addition, you may not use the Truvius services (or allow the Truvius services to be used) for activities that directly or indirectly:
violate any law, statute, ordinance or regulation;
involve money laundering or other activities designed to disguise the origin or use of funds;
relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) 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 foreign currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption;
involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
allow others to gain access to your account or your user credentials;
result in the provision of false or misleading information or instructions in connection with your use of the Services;
violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include but are not limited to: (a) unauthorized access - accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System, (b) interception - monitoring of data or traffic on a System without permission, (c) falsification of Origin - forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route.
In addition, it is your responsibility to:
Ensure that all access credentials (including any usernames and passwords) in connection with your use of the Services are protected from unauthorized access;
Immediately update any information provided by you to Truvius that becomes inaccurate or incomplete;
Comply with the policies and procedures of any third parties utilized by Truvius in providing the Services; and
Immediately notify Truvius of any violation of this Acceptable Use Policy including providing details regarding such violation and provide assistance to Truvius in addressing and remedying any violation.
Your failure to fully comply with this Acceptable Use Policy at all times could lead to suspension of your use of any Truvius Services and liability for damages.
Truvius may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties without your knowledge. Reporting may include disclosure of your nonpublic personally identifiable information. Truvius also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing related to alleged violations of this Policy.
You agree to indemnify, defend, and hold harmless Truvius and its affiliates, and their respective principals, owners, directors, officers, employees, representatives, agents, and their respective successors and assigns (the “Truvius Parties”) from and against any actual or alleged claims, losses, taxes (including interest, penalties and additions to tax), damages, liabilities, awards, judgments and out-of-pocket costs and expenses (including reasonable attorneys’ fees and expenses, the costs and expenses of any investigation and other costs and expenses incurred in connection with the defense of any actual or threatened action, proceeding or claim) arising out of or in connection with any violation of this Acceptable Use Policy by you, including any of your users.
Exhibit B
Consent to Receive Electronic Disclosures
By accepting this Consent as indicated below, you, the person or entity applying to utilize the Truvius Platform and Services and to open a Truvius account, consent to receive and view disclosures, notices, statements and other communications (collectively, “Disclosures”) from Scalyr Technologies, Inc. (d/b/a Truvius) and our affiliates (“Truvius”, “we”, “us” or “our”) relating to your eligible Truvius accounts (“Account(s)”) electronically by any of the following means:
Text to your mobile phone number (which may include a link to a new Disclosure on the Truvius website (“Website”);
To your email; or
Notifications from or postings on our Web or mobile application (“Application”).
Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Disclosures will include, but may not be limited to, the following:
The Truvius website, Privacy Policy, Terms of Use, and other Truvius policies (“Policies and Agreements”);
Disclosures and/or amendments we may provide you under our Policies and Agreements;
Balance, activity and any other information on your Account(s);
Periodic reports, receipts, confirmations, and authorizations and transaction history for your Account(s).
Disclosures regarding the resolution of any claimed error on your periodic statements.
Your consent is effective until further notice by us or until you revoke your consent to receive electronic Disclosures. You may revoke your consent to receive electronic Disclosures at any time by submitting your request in writing to: info@truvius.io
If you do not consent or if you withdraw your consent, we reserve the right to refuse to accept your Account application, to cancel your Account, place your Account on inactive status, or to provide a paper copy of Disclosures. If you request a paper copy of a Disclosure within 180 days of the date of the Disclosure and we elect to send you a paper copy, we will waive our standard Disclosure Request Fee for the first two requests. After that, any additional Disclosure Requests may be subject to fees. We will only provide paper copies upon your request if your current mailing address is in your Account profile.
SYSTEM REQUIREMENTS: In order to receive Disclosures, whether by text or email, you need to have a means of printing or storing them. So, in addition to having and email address and phone number you must have the following:
Computer or mobile device with Internet connection;
A current web browser with cookies enabled;
A valid email address on file in your Account profile;
Ability to store or print the Disclosures; and
if you use a spam blocker, you must add no-reply@truvius.io and clientservices@truvius.io to your email address book or whitelist.
We reserve the right to change these System Requirements and will provide you with a Disclosure when we make a material change to the System Requirements.
In order to receive Disclosures, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address, and you are able to receive at that address texts or email messages containing Disclosures including attached electronic documents and that such Disclosures, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your Account profile if your email address changes. You acknowledge that our ability to notify you of the availability of your Disclosures is contingent on the validity of mobile phone number and email address in our records.
If your mobile phone or email address is no longer valid, we reserve the right to determine your Account is inactive or take other actions as set forth in the User Agreement. You will not be able to conduct any transactions in your Account until you update your mobile phone or email address in your Account profile.
Reservation of Rights. We reserve the right to provide you with any Disclosure in writing, rather than electronically, or to withdraw the right to receive Disclosures electronically at any time. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your Account profile. Although we may waive our fee for delivery of paper Disclosures, we reserve the right to charge the Disclosure Request Fee and to increase this fee in our discretion.
We recommend that you print a copy of this Consent and any Disclosure that you view electronically for your records as the Disclosure may not be accessible online at a later date.
By accepting the Terms of Use, you agree that (i) we may provide Disclosures to you electronically, on the terms and conditions set forth in this Consent, (ii) the consent shall last until you revoke your consent, and (iii) you meet the System Requirements specified above. If you do not wish to receive Disclosures electronically, you will not be able to open an Account.
You understand and agree that we are responsible for sending the Disclosures to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Disclosure, subject to your right to revoke your consent to receive Disclosures electronically.
Contact us. Except as otherwise provided by law or other agreement between you and us, you may provide us with notices regarding your Accounts by emailing us at clientservices@truvius.io or mailing us at Scalyr Technologies, Inc. DBA Truvius, 265 Franklin St., Ste. 1702, Boston, MA, 02110