User Agreement, Privacy Policy and Terms of Service

Updated April 19, 2024

This User Agreement, Privacy Policy and Terms of Service (“Agreement”) is a contract between you (“User”, “you” or “your”) and Red Leaf Chicago, LLC d/b/a DigitalMint, an Illinois limited liability company, (“DigitalMint”) and applies to your use of the DigitalMint Virtual Currency Kiosks (“Kiosks”), Teller Applications (“Teller App”), and Over-the-Counter Exchange (“OTC Exchange”) services, including, but not limited to the Kiosk and Teller App services website www.digitalmint.io (“DigitalMint Site”), the OTC Exchange services website digitalmint.exchange (“OTC Exchange Site”), and any and all other services described herein or related to the delivery of such services (collectively, the “DigitalMint Services”).

Privacy Policy

DigitalMint Privacy Policy

DigitalMint’s Privacy Policy describes how DigitalMint collects, uses, and shares your personal data.

Please take a moment to familiarize yourself with our privacy practices, and contact us if you have questions.

DigitalMint (“We”) is/are committed to protecting your privacy.

This Identify Verification and Privacy Policy (or this “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the website digitalmint.io (our “website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy applies to information we collect:

• On this website.
• In email, text, telephonic and other electronic messages between you and DigitalMint.
• At a DigitalMint device, which includes but is not limited to point-of-sale systems, kiosks/sidecars and other similar media

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our website and other services. By accessing or using this website and other services provided by DigitalMint, you agree to this Identity Verification and Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy below). Your continued use of this website and/or DigitalMint services after we make changes to this Privacy Policy is deemed to be acceptance of those changes.

What Is Personal Data at DigitalMint?

At DigitalMint, we believe strongly in fundamental privacy rights — and that those fundamental rights should not differ depending on where you live in the world. That’s why we treat any data that relates to an identified or identifiable individual or that is linked or linkable to them by DigitalMint as “personal data,” no matter where the individual lives. This means that data that directly identifies you — such as your name — is personal data, and also data that does not directly identify you, but that can reasonably be used to identify you, is personal data.

Aggregated data is considered non-personal data for the purposes of this Privacy Policy. This Privacy Policy covers how DigitalMint or a DigitalMint-affiliated company (collectively, “DigitalMint”) handles personal data whether you interact with us on our website, through DigitalMint apps (where available), or in person (including by phone or when visiting our sales locations).

DigitalMint’s Privacy Policy does not apply to how third parties define personal data or how they use it. We encourage you to read their privacy policies and know your privacy rights before interacting with them.

Your Privacy Rights at DigitalMint

Depending on applicable law (including in your jurisdiction of residence), you may be able to assert certain rights related to your personal information. We have listed some of these rights below. If any of the listed rights listed are not provided under law for your operating entity or jurisdiction, DigitalMint reserves absolute discretion in providing you similar benefits.

We have provided these rights, where applicable, to our global customer base. There may be situations where we cannot grant your request — for example, if you ask us to delete your transaction data and DigitalMint is legally obligated to keep a record of that transaction to comply with law. We may also decline to grant a request where doing so would undermine our legitimate use of data for anti-fraud and security purposes, such as when you request deletion of an account that is being investigated for security concerns. Other reasons your privacy request may be denied are if it jeopardizes the privacy of others, is frivolous or vexatious, or would be extremely impractical.

If you choose to exercise your privacy rights, you have the right not to be treated in a discriminatory way nor to receive a lesser degree of service from DigitalMint. DigitalMint does not sell your data, as “sale” is defined in California. To exercise your privacy rights and choices including where a third-party service provider is acting on DigitalMint’s behalf, visit the DigitalMint Identity Verification and Privacy Policy available at https://www.digitalmint.io/terms-of-service/, email us at privacy@digitalmint.io or call us toll-free at 1-855-274-2900.

• Access and portability. You may request that we provide you a copy of your personal information held by us. This information will be provided without undue delay subject to a potential fee associated with gathering of the information (as permitted by law), unless such provision negatively impacts others’ rights. In certain circumstances, you may request your personal information in a structured, commonly used and machine-readable format, or to have us transfer your information directly to another business.
• Correction of incomplete or inaccurate personal information. You may request that we correct or update your personal information if it is inaccurate. You may do this at any time by emailing privacy@digitalmint.io or calling us toll-free at 1-855-274-2900.
• Withdraw consent. To the extent the processing of your personal information is based on your consent, you may withdraw your consent at any time. Your withdrawal will not affect the lawfulness of DigitalMint’s processing based on consent before your withdrawal.
• Restriction of processing. In some jurisdictions, applicable law may give you the right to restrict or object to us processing or transferring your personal information under certain circumstances. We may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
• Automated individual decision-making, including profiling. DigitalMint relies on automated tools to help determine whether a transaction or a customer account presents a fraud or legal risk. In some jurisdictions, you have the right not to be subject to a decision based solely on automated processing of your personal information, including profiling, which produces legal or similarly significant effects on you, save for the exceptions applicable under relevant data protection laws.
• Marketing communications. You can opt-out of receiving marketing communications from DigitalMint. Direct marketing includes any communications to you that are only based on advertising or promoting our products and services. We will only contact you by electronic means (email or SMS) based on our legitimate interests, as permitted by applicable law, or your consent. If you do not want us to send you marketing communications, email support@digitalmint.io or call us toll-free at 1-855-274-2900.

Personal Data DigitalMint Collects from You

The personal data DigitalMint collects, and how we use it, depends on how you interact with DigitalMint. Descriptions of how DigitalMint handles personal data are set forth below.

When you connect with DigitalMint on our website or at a point of sale, contact us (including by social media), participate in an online survey, or otherwise interact with DigitalMint, we may collect a variety of information, including:

• Account Information. Your account details, including email address and account status
• Device Information. Data from which your device could be identified, such as device serial number, or about your device, such as browser type
• Contact Information. Data such as name, email address, physical address, phone number, or other contact information
• Correspondence. Survey responses and information provided to our support team
• Sensory Information. Audio, electronic, visual and similar information, such as call and video recordings
• Payment Information. Data about your billing address and method of payment, such as bank details, credit, debit, or other payment card information
• Transaction Information. Data about purchases of DigitalMint products and services or transactions facilitated by DigitalMint, including purchases on DigitalMint platforms
• Fraud Prevention Information. Data used to help identify and prevent fraud
• Usage Data. Data about your activity on and use of our offerings, including product interaction; crash data, performance and other diagnostic data; and other usage data
• Financial Information. Details including salary, income, and assets information where collected, and information related to DigitalMint-branded financial offerings
• Employment Information. Office location, job title, and/or description of role
• Institutional Information. Employer Identification number (or comparable number issued by a government), proof of legal formation (e.g. Articles of Incorporation), personal identification information for all material beneficial owners.
• Government ID Data. We require a government-issued ID, for the purpose of account creation and transacting on our Services, or as required by law
• Other Information You Provide to Us. Details such as the content of your communications with DigitalMint, including interactions with customer support and contacts through social media channels. You are not required to provide the personal data that we have requested. However, if you choose not to do so, in many cases we will not be able to provide you with our products or services or respond to requests you may have.

Personal Data DigitalMint Receives from Other Sources

DigitalMint may receive personal data about you from other individuals, from businesses or third parties acting at your direction, from third parties who work with us to provide our products and services and assist us in security and fraud prevention, and from other lawful sources.

• Individuals. DigitalMint may collect data about you from other individuals — for example, if that individual has invited you to participate in a DigitalMint service, or shared content with you.

• At Your Direction. You may direct other individuals or third parties to share data with DigitalMint.

• Third Parties. We may also validate the information you provide — for example, when creating an account, with a third party for security, and for fraud-prevention purposes.

• Our affiliates include the group of companies related to us by common control or ownership (“Affiliates”). In accordance with applicable law, we may obtain information about you from our Affiliates as a normal part of conducting business, so that we may offer our Affiliates’ Services to you.

• Public Databases, Credit Bureaus & ID Verification Service Providers: We obtain information about you from public databases and ID verification service providers for purposes of verifying your identity in accordance with applicable law. ID verification service providers use a combination of government records and publicly available information about you to verify your identity. Such information may include your name, address, job role, public employment profile, credit history, status on any sanctions lists maintained by public authorities, and other relevant data. We obtain such information to comply with our legal obligations, such as anti-money laundering laws. In some cases, we may process additional data about you to assess risk and ensure our Services are not used fraudulently or for other illicit activities. In such instances, processing is necessary for us to continue to perform our contractual obligations with you and others.

• Blockchain Data: We may analyze public blockchain data to ensure parties utilizing our Services are not engaged in illegal or prohibited activity under our Terms, and to analyze transaction trends for research and development purposes.

• Advertising Networks & Analytics Providers: We work with these providers to provide us with de-identified information about how you found our website and how you interact with the site and Services. This information may be collected prior to account creation. For more information on how you can manage collection of this data, please see our Cookie Policy.

For research and development purposes, we may use datasets such as those that contain images, voices, or other data that could be associated with an identifiable person. When acquiring such datasets, we do so in accordance with applicable law, including law in the jurisdiction in which the dataset is hosted.

DigitalMint’s Use of Personal Data

DigitalMint uses personal data to power our Services, to process your transactions, to communicate with you, for security and fraud prevention, and to comply with law. We may also use personal data for other purposes with your consent.

If you choose to limit the use of your personal information, certain features or Services may not be available to you.

DigitalMint uses your personal data only when we have a valid legal basis to do so. Depending on the circumstance, DigitalMint may rely on your consent or the fact that the processing is necessary to fulfill a contract with you, protect your vital interests or those of other persons, or to comply with law. We may also process your personal data where we believe it is in our or others’ legitimate interests, taking into consideration your interests, rights, and expectations. If you have questions about a legal basis described in this policy, you can contact us at compliance@digitalmint.io.

• With Your Consent. DigitalMint may request your consent to collect personal information for any reason as necessary in its reasonable judgment.
• Power Our Services. DigitalMint collects personal data necessary to power our Services, which may include personal data collected to improve our offerings, enhance your experience, for internal purposes such as auditing or data analysis, or for troubleshooting and customer service.
• Process Your Transactions. To process transactions, DigitalMint must collect data such as your name, purchase, and payment information.
• Communicate with You. To respond to communications, reach out to you about your transactions or account, market our products and services, provide other relevant information, or request information or feedback. From time to time, we may use your personal data to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with DigitalMint, you may not opt out of receiving these notices. Notices and communications with you via SMS text message are also governed by our Text Messaging (SMS) Program Privacy Policy.
• Security and Fraud Prevention. To protect individuals, employees, and DigitalMint and for loss prevention and to combat fraud, spam or other malware and security risks, including to protect individuals, employees, and DigitalMint for the benefit of all our users.
• Personal Data Used for Personalization. If you choose to personalize your services or communications where such options are available, DigitalMint will use information that we collect so that we can offer you those personalized services or communications.
• Comply with Law. To comply with applicable law — for example, to satisfy tax, regulatory or reporting obligations, or to comply with a lawful governmental request.
• Enforce our Terms of Service. To enforce and apply our Terms of Service, Privacy Policy and all other applicable policies.

DigitalMint does not use algorithms or profiling to make any decision that would significantly affect you without the opportunity for human review.

Retention of Your Personal Information

DigitalMint retains personal data as necessary to fulfill the purposes for which it was collected, including as described in this Privacy Policy, or as required by law. We will retain your personal data for the period necessary to fulfill the purposes outlined in this Privacy Policy. When assessing retention periods, we first carefully examine whether it is necessary to retain the personal data collected and, if retention is required, work to retain the personal data for the shortest possible period permissible under law. We store your personal information securely throughout the life of your relationship with DigitalMint. We will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. While retention requirements vary by jurisdiction, information about our typical retention periods for different aspects of your personal information are described below.

• Personal information collected to comply with our legal obligations under financial or anti-money laundering laws may be retained after account closure for as long as required under such laws.

• Content that you send to us via email or over the phone, including recordings of your phone calls with us, as well as other content, may be kept after you close your account for audit and crime prevention purposes (e.g. to prevent a known fraudulent actor from opening a new account).

• Information collected via technical means such as cookies, webpage counters and other analytics tools is kept for a period of up to 399 days from expiry of the cookie.

DigitalMint’s Sharing of Personal Information

DigitalMint may share personal data with DigitalMint-affiliated companies, service providers who act on our behalf, developers, or others at your direction. Further, DigitalMint does not share personal data with third parties for their own marketing purposes. DigitalMint shares your data with the following groups:

• Service Providers. DigitalMint may engage third parties to act as our service providers and perform certain tasks on our behalf, such as processing or storing data, including personal data, in connection with your use of our services and delivering products to customers. DigitalMint service providers are obligated to handle personal data consistent with this Privacy Policy and according to our instructions. They cannot use the personal data we share for their own purposes and must delete or return the personal data once they’ve fulfilled our request. Examples of the types of service providers we may share personal information with (other than those mentioned above) include:
  • Network infrastructure
  • Cloud storage
  • Payment processing
  • Transaction monitoring
  • Security
  • Document repository services
  • Customer support
  • Internet (e.g. ISPs)
  • Data analytics
  • Information technology
  • Identity verification and fraud prevention
• Third parties. At times, DigitalMint may contract with third parties to provide services or other offerings. DigitalMint requires these third parties to protect your personal data. If you establish an account indirectly on a third party website or via a third party application, any information that you enter on that website or application (and not directly on a DigitalMint website) will be shared with the owner of the third party website or application and your information will be subject to their privacy policies.
  • If you authorize one or more third-party applications to access your DigitalMint Services or account information, the information you have provided to DigitalMint may be shared with those third parties. A connection you authorize or enable between your DigitalMint account and a non-DigitalMint account, payment instrument, or platform is considered an “account connection.” Unless you provide further permissions, DigitalMint will not authorize these third parties to use this information for any purpose other than to facilitate your transactions using DigitalMint Services. Please note that third parties you interact with may have their own privacy policies, and DigitalMint is not responsible for their operations or their use of data they collect. Information collected by third parties, which may include such things as contact details, financial information, or location data, is governed by their privacy practices and DigitalMint is not responsible for unauthorized third-party conduct. We encourage you to learn about the privacy practices of those third parties.
  • Examples of account connections include:
    • Merchants: If you use your DigitalMint account to conduct a transaction with a third party merchant, the merchant may provide data about you and your transaction to us.
    • Your Financial Services Providers: For example, if you send us funds from your bank account, your bank will provide us with identifying information in addition to information about your account in order to complete the transaction.
    • Information that we share with a third party based on an account connection will be used and disclosed in accordance with the third party’s privacy practices. Please review the privacy notice of any third party that will gain access to your personal information. DigitalMint is not responsible for such third party conduct.
  • Financial institutions to process transactions you have authorized.
  • Companies or other entities that we plan to merge with or be acquired by, or who purchase our assets pursuant to a court-approved sale, or where we are required to share your information pursuant to insolvency law in any applicable jurisdiction (you will receive prior notice of any change in applicable policies).
  • Our professional advisors who provide banking, legal, compliance, insurance, accounting, or other consulting services in order to complete third party financial, technical, compliance and legal audits of our operations or otherwise comply with our legal obligations.
  • Law enforcement, officials, or other third parties when we are compelled to do so by a subpoena, court order, or similar legal procedure, or when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement or any other applicable policies.
  • Our Affiliates as a normal part of conducting business and offering Services to you.
  • As necessary in our judgment in order to protect the vital interests of any person.
  • Others. DigitalMint may share personal data with others at your direction or with your consent. We may also disclose information about you where there is a lawful basis for doing so, if we determine that disclosure is reasonably necessary to enforce our terms and conditions or to protect our operations or users.

Protection of Personal Data at DigitalMint

At DigitalMint, we know that data privacy depends on data security. We use administrative, technical, and physical safeguards to protect your personal data, taking into account the nature of the personal data and the processing, and the threats posed. We are constantly working to improve on these safeguards to help keep your personal data secure.

Children and Personal Data

DigitalMint understands the importance of safeguarding the personal data of children, which we consider to be an individual under the age of 13 or the equivalent age as specified by law in your jurisdiction. DigitalMint has implemented processes and protections to help keep children’s personal data safe. To access DigitalMint services, a user must present verifiable, government-issued photo identification indicating the user is over 18 years of age. If we learn that a child’s personal data was collected without appropriate authorization, it will be deleted as soon as possible.

Cookies and Other Technologies

DigitalMint’s website, online services, and interactive applications may use “cookies” and other technologies such as web beacons. These technologies help us to better understand user behavior including for security and fraud prevention purposes, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches.

View our Cookie Policy for more information about how DigitalMint uses cookies.

DigitalMint’s Commitment to Your Privacy

To make sure your personal data is secure, we communicate our privacy and security guidelines to DigitalMint employees and strictly enforce privacy safeguards within the company.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the website home page or via SMS message. The date this Privacy Policy was last revised is identified at the top of this page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our website and this Privacy Policy to check for any changes.

How to Contact Us

If you have questions or concerns regarding this Privacy Policy, or if you have a complaint, please contact us at 1-855-274-2900 or send an email to privacy@digitalmint.io.

Your California Privacy Rights

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights in relation to their personal information, subject to limited exceptions. Any terms defined in the CCPA have the same meaning when used in this California Privacy Rights section. This section describes the categories of personal information DigitalMint has collected, the categories of personal information DigitalMint has disclosed, and a description of California residents’ rights.

We may collect your identifiers, such as your real name, postal address, email address, social security number, driver’s license number, or passport number, to provide our Services, to enforce our Terms, to provide Service communications, for security and loss prevention, and for the purposes of user profile management and compliance. We may share your identifiers with third party identity verification services, financial institutions with which we do business, service providers, and/or our professional advisors.

We may collect certain other personal information, including your sex or gender, your telephone number, passport number, driver’s license or state identification card number, employment, debit card number, or any other financial information, for the purposes of compliance, fraud prevention, to enforce our terms, to provide our Services, to provide Service communications, and to enhance your experience. We may share this information with third party identity verification services, financial institutions with which we do business, service providers and/or professional advisors.

We may collect certain commercial information about you, including your transaction history with us, to provide our Services and to meet our anti-money laundering and/or compliance obligations.

We may collect your biometric information, such as imagery of your face, to provide our Services and for the purposes of fraud prevention. We may share your biometric information with third party identity verification service providers, financial institutions with which we do business, and/or professional advisors, and to maintain legal and regulatory compliance.

We may collect your internet or other similar network activity, such as browsing history, search history, and information regarding your interaction with an internet website application, or advertisement, to provide our Services and for the purposes of marketing or sales. We do not share your Internet or other similar network activity with any third party service providers.

We may collect your geolocation data, such as the location of a device you are using, to provide our Services and for the purposes of security and fraud prevention, and to maintain legal and regulatory compliance.

We may collect audio, electronic, visual and similar information, such as call and video recordings, to provide our Services and for the purposes of customer service, fraud prevention, and to maintain legal and regulatory compliance.

We may collect your professional or employment-related information, to provide our Services and for the purposes of account management, fraud prevention, and to maintain legal and regulatory compliance. We may share your professional or employment-related information with third party identity verification service, financial institutions, service providers, professional advisors.

We may collect inferences drawn from any of the information identified to provide our Services and to create a profile about a customer which includes information about: consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

California Residents’ Rights

Under the CCPA, you may have the following consumer rights. Please note that these rights are not absolute and in certain cases are subject to conditions or limitations as specified in the CCPA:

• For personal information collected by us during the preceding 12 months preceding your request that is not otherwise subject to an exception, California residents have the right to access and delete their personal information. CB will not discriminate against those who exercise their rights. Specifically, if you exercise your rights, we will not deny you services, charge you different prices for services or provide you a different level or quality of services.

You can exercise your rights by emailing privacy@digitalmint.io or calling us toll-free at 1-855-274-2900.

We will verify your identity before processing any request. To verify your identity, we will generally either require the successful authentication of your account or the matching of sufficient information you provide us to the information we maintain about you in our systems.We strive to limit the personal information collected in connection with a request to exercise your rights, certain requests may require us to obtain additional personal information from you. In certain circumstances, we may decline a request to exercise the right to know, particularly where we are unable to verify your identity.

If you are a California resident, you have the right to designate an authorized agent to make your access request on your behalf. To do so, you must: (1) give the authorized agent signed, written permission to submit the request; and (2) verify your own identity with us. We may deny a request from any authorized agent who cannot submit proof of authorization to act on your behalf (for example, if they submit proof of registration with the California Secretary of State to act on your behalf, or give us evidence you have give them with power of attorney under California Probate Code section 4121 to 4130. We may deny requests from any authorized agent who cannot submit proof of your authorization to act on your behalf, or are unable to verify their identity.

Text Messaging (SMS) Program Privacy Policy

This Text Messaging (SMS) Policy (“Messaging Policy”) explains how DigitalMint collects and uses information about you in relation to its text message (SMS) program and updates regarding this User Agreement, Terms of Service, and related Policies (the “Messaging Service”). We use a third party messaging provider, (“Messaging Provider”) to provide the Messaging Service to you. For the purposes of the Messaging Service, the Messaging Provider acts as our service provider and data processor of your information.

Collection of Information

We collect various information from and about you, including information you directly provide when you use the Messaging Service. For example, we collect the phone number and email address you provide when signing up for the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages.

We may also collect information about you using cookies or similar technologies. Cookies are pieces of information stored by your browser on the hard drive or memory of your device. Cookies enable personalization of your Messaging Service experience.

Use of Information

We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service.

Sharing of Information

We may share, transfer, or disclose your information, if you consent to us doing so, as well as in the following circumstances:

• Service Providers. We may share your information with third parties to help us provide the Messaging Service to you.
• Legal Requirement and Protection of DigitalMint and Others. We may disclose your information as we believe such disclosure is necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) enforce a contract with us; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.

From time to time, we may share aggregate or de-identified information about use of the Messaging Service and such aggregated or de-identified information may be shared with any third party, including advertisers, promotional partners, and sponsors.

Protection of Information

We take a variety of physical, technical, administrative, and organizational security measures based on the sensitivity of the information we collect to protect it against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Unfortunately, no online activity can be guaranteed to be 100% secure. While we strive to protect your information against unauthorized use or disclosure, we cannot ensure or warrant the security of any information you provide. We do not accept liability for unintentional disclosure.

Retention of Information

We retain your information for as long as you participate in the Messaging Service or as needed to comply with applicable legal obligations. We also retain and use your information as necessary to resolve disputes, to protect us and our customers, and to enforce our agreements.

Choices and Controls

You can opt-out of receiving further text messages via the Messaging Service by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. For additional opt-out information, please review our User Agreement, Terms of Service, and related Polices.

Customer Care

If you are experiencing any problems with the Messaging Service, please email with details about your problem or your request for support at support@digitalmint.io.

Identity Verification & Privacy Policy

By signing up to receive text messages from us, you also agree to our User Agreement, Terms of Service, and other Polices, including our Identity Verification and Privacy Policy.

User Agreement and Terms of Service

By using this or any other DigitalMint Services, you expressly consent and agree to be legally bound by the terms of this Agreement and subsequent modifications thereto.

You agree and understand that virtual currencies, cryptocurrencies, digital currencies or digital assets, such as Bitcoin, Litecoin, Ethereum, etc., (“Virtual Currency”) are not legal tender, carry no protection by the FDIC, and the use of Virtual Currency is subject to all applicable state and federal laws and regulations.

You agree that all sales are final, and you understand that Virtual Currency transactions, by their very nature, are irreversible.

DigitalMint does not and shall not transmit monetary value to another person or to another location for any person. This prohibition does not apply to sending Virtual Currency to wallets hosted by third-party services, provided the User has exclusive access to that hosted wallet.

DigitalMint reserves the right to modify or discontinue any portion of the DigitalMint Services at any time, including limiting or terminating your access to DigitalMint Services, at any time and for any reason, without notice to you. You agree that DigitalMint shall not be liable to you or any third party for any modification or termination of the DigitalMint Services, or limitations or termination of your access to the DigitalMint Services, except to the extent otherwise expressly set forth herein.

Your acceptance of any amendments to this Agreement and any related policies shall be effective (i) immediately upon your express approval, including, but not limited to, your acknowledgement via text message (SMS) response or other electronic means, or your choosing to proceeding with a transaction using a DigitalMint Service after being provided email, SMS, or on screen notification from DigitalMint giving you an opportunity to view the amended Agreement prior to your confirmation of the subject transaction, or (ii) one month after the date of posting on the relevant DigitalMint website, except where the changes are required by law or on the instruction of a competent governmental agency. By continuing to use one or more DigitalMint Services once the revised Agreement is effective, you agree to be bound by the Agreement, including any and all amendments thereto.

Pricing and Fees

Order Confirmation & Acceptance of Pricing Terms

• Kiosk or Teller App: By using DigitalMint Kiosk or Teller App services and tapping the on-screen “Complete Transaction” button or stating verbally your acceptance to the in-person teller-agent, you agree to pay the Exchange Rate (as defined below), which is inclusive of any and all DigitalMint markup or fees, quoted on the Kiosk screen or verbally to the User by an in-person teller-agent operating the Teller App on behalf of the User. Any Exchange Rate estimates provided on the DigitalMint Site using the Exchange Rate estimate calculator tool on the “Rates” or any “Location Details” pages are for User reference only and do not constitute a binding offer between the parties for the purchase and/or sale of Virtual Currency at the Exchange Rate stated on the DigitalMint Site.

• OTC Exchange: By using OTC Exchange Site and clicking the on-screen “Complete Transaction” button, you agree to pay the Exchange Rate (as defined below) quoted on the screen, which is inclusive of any and all DigitalMint markup or fees.

Virtual Currency Transaction Pricing, Fees, and Disclaimers

The “Exchange Rate” is the total price quoted to the User (i) on the Kiosk screen, (ii) by an in-person teller-agent operating the Teller App on behalf of the User, or (iii) on the OTC Exchange Site, for the purchase or sale of the specified type and amount of Virtual Currency, which is based upon the Prevailing Rate, plus the DigitalMint Markup.

• The “Prevailing Rate” is equal to the sum of (a) the most recent ask price, in U.S. Dollars, for the type of Virtual Currency to be purchased calculated based on a weighted average of a basket of cryptocurrency exchanges, including, but not limited to, Bitfinex, Bitstamp, Coinbase, Coinbase Pro, Gemini or a similar major cryptocurrency exchange, at the time the Exchange Rate is quoted to the User (the “Spot”), and (b) an amount equal to no less than one percent (1%), but not to exceed three percent (3%) of the Spot (the “Spot Volatility Index”). At DigitalMint’s discretion, the actual Spot Volatility Index may be higher or lower within the stated range due to market volatility and fluctuations in the price of the type of Virtual Currency to be purchased between the time the Exchange Rate is quoted to the User and the time the order is executed.

• The “DigitalMint Markup” shall be an amount equal to no less than six percent (6%), but not to exceed sixteen percent (16%) of the total price for the specified type and amount of Virtual Currency to be purchased or sold in connection with the subject transaction at the Prevailing Rate. The actual DigitalMint Markup applied to a transaction may vary based on the specific DigitalMint Virtual Currency Kiosk or Teller Application location used to complete a particular transaction or individual User pricing arrangements with DigitalMint.

DigitalMint reserves the right to adjust markup, pricing, fees, and any applicable waivers at any time and without prior notice. DigitalMint reserves the right to reject or cancel a transaction prior to order execution for any reason.

Prior to the completion of any transaction, DigitalMint reserves the right, in its sole discretion, to reject or cancel any quoted transactions involving the purchase or sale of Virtual Currency or transfers to or from a User’s digital wallet, including but not limited to instances where DigitalMint has reason to believe that the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime. Similarly, DigitalMint reserves the right to reject a transaction prior to order execution for any reason, including, but not limited to, rejecting a transaction if it determines that it is unable to execute against it as a principal market maker because underlying market conditions, pricing, or other circumstances and risk factors have changed, or the transaction amount exceeds a User’s maximum daily purchase limit. Should DigitalMint cancel a transaction prior to order execution for any reason, DigitalMint is not obligated to reinitiate a transaction at the same Exchange Rate, DigitalMint Markup, or on the same terms as the subject canceled transaction.

As with any asset, the value of Virtual Currency can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in virtual currencies. You should carefully consider whether trading or holding virtual currencies is suitable for you in light of your financial condition. DigitalMint is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons.

Communications Policy

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

You agree that:

• Message and data rates may apply.

• Message frequency varies.

• DigitalMint’s texting program provides automated account notifications, fraud alerts, and OTP services for enhanced user communication and security.

Communications include:

• An access code text (SMS) message associated with every transaction attempted using a DigitalMint Service(s).

• Notifications about special pricing or expansion of DigitalMint Services.

• This Agreement, including any and all the policies (e.g., this User Agreement, Privacy Policy, Text Messaging (SMS) Policy, etc.) contained herein, including updates or additions to these agreements or policies.

You may request to receive via email:

• Account details, history, transaction receipts, confirmations, and any other Account or transaction information.

• Legal, regulatory, and tax disclosures or statements.

• Responses to claims or customer support inquiries filed in connection with your Account.

You agree that we may provide these Communications, including those notifying you of any amendments to this Agreement with an attached or linked copy thereof, to you by posting on the relevant DigitalMint services website, emailing them to you at the primary email address with which you have contacted us, and communicating to you via instant chat, and/or through other electronic communication such as text message (SMS) or mobile push notification.