Terms of Service

2.1 What Giraffe Does

Giraffe provides a digital platform that enables you to accumulate physical precious metals (gold, silver, and platinum) through automated savings mechanisms. Our Services include:

• Round-Ups: Automatic rounding up of your linked debit or credit card transactions to the nearest dollar (or custom increment), with the difference allocated toward precious metals purchases.
• Subscription Contributions: Recurring contributions on a weekly, bi-weekly, or monthly basis toward precious metals purchases.
• Additional Contributions: One-time deposits you initiate at any time.
• Bar Top-Ups: Option to pay the remaining balance when you approach your gold bar threshold.
• Physical Delivery: Shipment of physical precious metals bars to your registered address once you reach your selected threshold.

2.2 What Giraffe Does Not Do

Giraffe is not a registered investment adviser, broker-dealer, bank, or money transmitter. We do not provide investment advice, financial planning, tax advice, or legal advice. We facilitate your purchases of physical precious metals from third-party dealers; we do not sell precious metals directly. All purchase decisions are yours alone.

4.1 Account Creation

To use our Services, you must create an account and provide accurate, complete, and current information, including your legal name, email address, phone number, date of birth, mailing address, and Social Security Number. You agree to update this information promptly if it changes.

4.2 Identity Verification

Federal regulations require us to verify your identity before you can use our Services. You authorize us to make inquiries, directly or through third parties, to verify your identity. This may include asking for additional documentation, ordering credit reports, or verifying information against third-party databases. We may limit or suspend your account if we cannot verify your identity.

4.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us immediately at support@giraffegoldbar.com if you suspect unauthorized access. We are not liable for losses resulting from unauthorized use of your account unless caused by our failure to maintain reasonable security measures.

4.4 Transaction Limits

To comply with regulatory requirements and manage risk, we impose a $50,000 per user annual accumulation limit. We may adjust this limit at our discretion or as required by law.

5.1 Plaid Integration

To enable round-ups and fund transfers, you must link at least one bank account or payment card through our integration with Plaid, Inc. When you link an account, you authorize Plaid to access your account information, including transaction history, as necessary to provide our Services. Plaid's use of your data is governed by Plaid's privacy policy at https://plaid.com/legal.

5.2 Funding Sources

You may designate a primary funding source for round-ups and contributions and an optional secondary funding source as a backup. You represent and warrant that you are the legal owner (or authorized joint owner) of all linked accounts and that all funds used through our Services are from lawful sources.

5.3 Authorization to Access Account Information

By linking a financial account, you authorize us and our service providers to access your account information, including transaction data, to calculate round-ups, verify available funds, and process transfers. This authorization remains in effect until you unlink the account or close your Giraffe account.

6.1 Subscription Fee

Access to our Services requires a monthly subscription fee of $2.99, billed on the same day each month. Your subscription begins when you create an account and link a funding source. The subscription fee is charged regardless of whether you make purchases or accumulate precious metals during that billing period.

6.2 Authorization for Recurring Payments

IMPORTANT: By agreeing to these Terms, you authorize us to initiate recurring electronic fund transfers (ACH debits) from your designated funding source to collect subscription fees, round-up amounts, and scheduled contributions. This authorization remains in effect until you cancel your account in accordance with Section 11.

6.3 Other Fees

In addition to the subscription fee, the following fees apply:

• Precious Metals Margin: We charge a 10% margin on the spot price of precious metals at the time of purchase.
• Round-Up Service Fee: We charge a 5% service fee on all round-up amounts.
• Shipping and Handling: A $24 shipping and handling fee applies to each precious metals shipment.
• Cancellation Fee: A $20 fee applies if you close your account before receiving your first precious metals shipment.

6.4 Failed Payments

If we are unable to collect a payment from your primary funding source, we may attempt to collect from your secondary funding source (if designated) or retry the primary source. If we are unable to collect fees owed after reasonable attempts, we may suspend your account. We will not liquidate any accumulated balance to pay fees without providing you notice and an opportunity to cure the payment failure.

6.5 Fee Changes

We may change our fees at any time by providing at least 30 days' advance notice via email or in-app notification. If you do not agree to a fee change, you may cancel your account before the new fees take effect.

7.1 Automatic Renewal Terms

Your Giraffe subscription will automatically renew each month. By subscribing to our Services, you authorize us to charge your designated payment method on a recurring monthly basis until you cancel. Your subscription will continue and you will be charged the monthly subscription fee ($2.99) plus any applicable round-up amounts and contribution amounts you have configured, unless you cancel your subscription.

7.2 Cancellation Policy

You may cancel your subscription at any time. To cancel, you may: (a) use the cancellation feature in the app under Account Settings; (b) email us at support@giraffegoldbar.com; or (c) call us at the phone number listed in Section 18. Cancellation requests will be processed within 3 business days. Upon cancellation, your subscription will terminate at the end of your current billing period, and you will not be charged for subsequent periods.

7.3 Confirmation and Reminders

Before your subscription begins, we will provide you with a confirmation that includes: the automatic renewal terms, the cancellation policy, and information about how to cancel. We will also send you a reminder notification before each renewal charge is processed to the email address associated with your account.

7.4 Refunds

If you cancel within 3 business days of being charged for a renewal, you may request a full refund of that renewal charge by contacting us at support@giraffegoldbar.com. Refund requests made more than 3 business days after a charge are subject to our discretion.

7.5 Changes to Subscription Terms

If we change the subscription fee or other material terms of your subscription, we will notify you at least 30 days before the changes take effect and provide you with information on how to cancel if you do not wish to continue under the new terms.

7.1 Accumulation Process

Your round-ups and contributions accumulate in your Giraffe account as a cash balance. When your balance reaches your selected threshold (the cost of your chosen precious metals bar plus applicable fees), we automatically initiate a purchase from our third-party dealer partner on your behalf.

7.2 Third-Party Dealers

All precious metals are sourced from third-party dealers, currently Upstate Gold & Coin. We are not the seller of the precious metals; we facilitate your purchase from these dealers. The precious metals you receive are authentic, certified bars in the size and metal type you selected.

7.3 Pricing

Precious metals prices fluctuate continuously based on global market conditions. The price displayed in the app is for informational purposes only and may not reflect the exact price at the time of your purchase. The actual purchase price will be the dealer's price at the time your order is processed, plus our 10% margin.

7.4 Shipping and Delivery

Once your purchase is complete, your precious metals bar will be shipped via UPS to the address on file. Shipping typically takes 5-10 business days. You are responsible for ensuring someone is available to receive the package, as signature may be required. We are not responsible for lost or stolen packages after delivery confirmation.

7.5 No Custody Services

Currently, we do not hold or store precious metals on your behalf. All purchased precious metals are shipped directly to you. We may offer optional storage solutions in the future, which will be subject to separate terms.

8.1 Market Risk

Precious metals prices are volatile and can decline significantly. You may receive precious metals worth less than what you paid for them. Past performance is not indicative of future results. You should only allocate funds to precious metals that you can afford to lose.

8.2 No Investment Advice

We do not provide investment advice or recommendations. Any information provided through our Services, including educational content, market data, and price alerts, is for informational purposes only and should not be construed as investment advice. You should consult with qualified financial, tax, and legal advisors before making any investment decisions.

8.3 Third-Party Risk

Our Services depend on third-party providers, including Plaid (account linking), Stripe (payment processing), our precious metals dealers, and shipping carriers. We are not responsible for the acts, omissions, or failures of these third parties. Delays, errors, or failures by third parties may affect your experience with our Services.

8.4 Tax Implications

Purchasing and selling precious metals may have tax consequences. You are solely responsible for determining and paying any taxes arising from your use of our Services, including capital gains taxes on any profits from selling precious metals. We do not provide tax advice. Consult a qualified tax professional regarding your specific situation.

8.5 Service Availability

We strive to maintain continuous availability of our Services, but we do not guarantee uninterrupted access. Our Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We are not liable for any losses resulting from service interruptions.

11.1 Termination by You

You may close your account at any time by contacting us at support@giraffegoldbar.com or through the account settings in the app. Upon closure, any pending round-ups or contributions will be processed, and your accumulated balance (minus any applicable fees) will either be refunded to your funding source or used to purchase precious metals at your election.

11.2 Termination by Us

We may suspend or terminate your account if you violate these Terms, fail to pay fees, provide false information, engage in fraudulent activity, or for any other reason at our discretion. We will provide reasonable notice when possible, except in cases of fraud or illegal activity. Upon termination, we will process your remaining balance as described above.

11.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases. Sections of these Terms that by their nature should survive termination will survive, including Sections 9, 11, 13, 14, 15, and 16.

15.1 Agreement to Arbitrate

You and Giraffe agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved through binding arbitration, rather than in court, except that either party may seek injunctive relief in court for intellectual property infringement or misuse of trade secrets.

15.2 Arbitration Rules and Procedures

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator. The arbitration may be conducted in person, by telephone, by video conference, or based on written submissions, as determined by the arbitrator. The arbitrator's decision shall be final and binding.

15.3 Class Action Waiver

YOU AND GIRAFFE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

15.4 Jury Trial Waiver

BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL. You understand that absent this provision, you would have the right to sue in court and have a jury trial.

15.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@giraffegoldbar.com within 30 days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out of arbitration. If you opt out, you may pursue claims in court, but all other Terms remain in effect.

15.6 Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdiction.

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

16.2 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Giraffe regarding your use of the Services.

16.3 Amendments

We may modify these Terms at any time. For material changes, we will provide at least 30 days' notice via email or in-app notification before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services and close your account.

16.4 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, reorganization, or sale of assets.

16.6 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.7 Notices

We may provide notices to you via email to the address associated with your account, through the app, or by posting on our website. You may provide notices to us by email at support@giraffegoldbar.com or by mail to Giraffe Gold Holdings LLC, 4304 Bailey Ave, Cleveland, OH 44113.