Last updated on August 14, 2024

ABOUT YOUR LOCKTRUST BALANCE

These terms and conditions are between you and Lock Trust, Inc., (LT, LockTrust) and govern your use of your Lock Trust Balance and the LT services related to that account. The terms “LockTrust Balance account” or “Balance Account” in these terms and conditions will be used to refer to a LockTrust Balance account. 

These terms and conditions apply to U.S. Balance Accounts only. You must be an individual and resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state of residence to open a U.S. Balance Account and use the LockTrust services. 

By opening and using a Balance Account, you agree to comply with all aspects of these terms and conditions and any upcoming changes described at the time you accept these terms and conditions (which changes will apply to you on the indicated effective dates). These terms and conditions include an agreement to resolve disputes by arbitration on an individual basis. You also agree to comply with the following: 

Please read carefully all of these terms and conditions, the terms of the above policies, and each of the other terms and agreements that apply to you. 

We may revise these terms and conditions and any of the other terms, agreements, or policies from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will provide notice of such changes in accordance with the terms of the user agreement. 

  • Notice will include posting information about the changes. If you accepted these terms and conditions prior to us posting notice of the, then such notice will be provided at least 21 days before the applicable effective date. 

By continuing to use our services after any changes to these terms and conditions, you agree to abide and be bound by those changes. If you do not agree with any changes to these terms and conditions, you may close your Balance Account. 

Opening an Account

If you open an Account you will be able to hold a balance, and use balance to send and receive money, purchase things online using mobile devices or in stores, and make payments, among other benefits. You can only open a Balance Account if you have a LockTrust personal account (or “personal account”) in good standing, and you can only use your Balance Account by accessing it through your personal account or by using a LockTrust Debit Card account (“LockTrust Debit Card”), if one has been issued to you. We will automatically link your Balance Account to your personal account. 

If you have a Balance Account and have also opened a LockTrust Debit Card, your LockTrust Debit Card, which allows you to access the balance in your LockTrust Balance Account, will be reflected as the payment method in LockTrust checkout. 

Your login credentials for your personal account act as the credentials to access your Balance Account. 

Before you can open a Balance Account, we must verify or have previously verified the required identifying information that you provide to us. 

The required identifying information is: name, physical address, date of birth and taxpayer identification number. 

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you use to access your Balance Account and the LockTrust services. You must keep your mailing address, email address and other contact information current in your LockTrust profile. 

Closing Your Balance Account

You can close your Balance Account without closing your personal account but you cannot close your personal account without closing your Balance Account. Closing a personal account will result in LockTrust automatically closing your Balance Account. You can terminate your relationship with us at any time without cost, but you will remain liable for all obligations related to your Balance Account and personal account even after those accounts are closed. You must withdraw or transfer any funds held in a Balance Account before closing the Balance Account. 

In certain cases, you may not close your Balance Account, including: 

  • To evade an investigation. 
  • If you have a pending transaction using your Balance Account as the payment method or an open dispute or claim related to your Balance Account. 
  • If your Balance Account has a negative balance. 
  • If your Balance Account is subject to a hold or limitation. 

Available Features of Balance Accounts

As described in more detail below, here are some of the things you can do with a Balance Account: 

  • Receive money; 
  • Hold money; 
  • Convert money from one currency to another; 
  • Withdraw money from your Balance Account to a debit card or bank account linked to your personal account; 
  • Transfer money for purchases of goods and services; 
  • Send “personal transactions” to and request personal transactions from friends and family; 
  • Buy, sell, and hold certain cryptocurrencies if eligible; 
  • Make LockTrust checkout purchases using your Balance Account, when you don’t have a LockTrust Debit Card; 
  • Make in-store, on-line and LockTrust checkout purchases using a LockTrust Debit Card that accesses your Balance Account; 
  • Withdraw money at ATMs using a LockTrust Debit Card; 
  • Transfer money to and withdraw money; 
  • Set up Direct Deposit of funds into your Balance Account; 
  • Add cash into your Balance Account at several retail stores throughout the U.S.; and 
  • Transfer proceeds from checks into your Balance Account using our remote check capture feature. 

Receiving Funds into Your Balance Account

You may transfer money into your Balance Account from any bank account linked to your personal account by requesting an electronic transfer from your bank account. You can also add funds from a linked Visa or Mastercard Debit Card. In addition to one-time electronic transfers from your bank account or linked Visa or Mastercard Debit Card, you may set up automatic transactions that add funds to your Balance Account from a bank account or Visa or Mastercard Debit Card linked to your personal account. You may set up automatic transactions to add funds to your Balance Account on a set schedule (such as daily or weekly) or whenever the balance in your Balance Account falls below an amount you specify. There are daily, weekly, and monthly limits on the amounts you can transfer to your Balance Account.  

Money sent by someone else to your personal account will automatically be placed in your Balance Account. 

To receive money in a currency your Balance Account is not currently configured to accept, it may be necessary to create a balance in your Balance Account in that currency or convert the money into another currency. Certain currencies can only be received by converting the money into another currency that LockTrust allows you to hold. If the money is converted, LockTrust’s transaction exchange rate (including our currency conversion spread) will be used. 

You can add funds into your Balance Account at retail stores in amounts from $20.00 to $500.00 per transaction. There are daily and monthly limits on the amounts you can add and daily, weekly, and monthly limits on the number of times you can add money. Please refer to the LockTrust Help Center for more information. You can also add funds into your Balance Account using the remote check capture feature where that feature is available. Remote check capture is not available if you have a negative balance in your Balance Account and may not be available in all locations. Please refer to the LT Check Cash page for more information and details on availability and other restrictions. If any fees are charged for adding cash at stores and remote check capture transactions, they can be found in the LockTrust Balance Long Form Disclosure. 

When you open a LockTrust Balance Account with LockTrust, we may also provide you with a externally issued account number and routing number that you can use to set up Direct Deposit into your Balance Account or to use your Balance Account as a payment method for goods and services through a direct debit payment transaction that you initiate via a third-party merchant’s website or mobile application. Otherwise, you can separately receive a issued account and routing number by enrolling in Direct Deposit or by opening a LockTrust Debit Card. 

You may arrange to have all or part of your paycheck or any federal or state government benefit or payment (e.g., Federal tax refunds or Social Security payment) transferred directly into your Balance Account by your employer or government payer, as applicable, by using the Direct Deposit feature. 

To enroll, you will need to provide your employer or the government payer, as applicable, with the account and routing numbers found in the Direct Deposit section available in the LockTrust app or in the “Account” section of settings after logging in on our website. Your employer or government payer may also ask you to fill out their own direct deposit form. We do not charge any fees to set up or maintain Direct Deposit. 

We may offer early access to Direct Deposit funds to eligible customers. Direct Deposit and the earlier availability of funds are subject to the timing of the payer’s funding. Funds transferred via Direct Deposit generally will be available on the day the funds are applied to your account. Because we do not receive funds via Direct Deposit instantly, there will be some delay between the payment being initiated by the payer and the payment arriving at LockTrust. For example, Direct Deposit of funds may be delayed for several days in the event of a federal or bank holiday. You may review your periodic statements or transaction history on LockTrust.com or contact us at Customer Service to verify that each Direct Deposit has been received. If you have enrolled in Direct Deposit, we will place your U.S. dollar LockTrust Balance funds in one or more banks insured by the Federal Deposit Insurance Corporation (FDIC) that we choose in our discretion (“Program Banks”) where they will, subject to certain conditions, be eligible for pass-through FDIC insurance, up to applicable limits. FDIC insurance protects against the failure of a Program Bank, not the failure of LockTrust. LockTrust is not a bank, does not take deposits and is not FDIC insured. Any other balance funds and all cryptocurrencies are not held in FDIC-insured bank deposits. Cryptocurrencies may lose value. We reserve the right to accept, reject, or limit transfers via Direct Deposit in our sole discretion. If you wish to cancel Direct Deposits, you must contact the payer directly. 

To assist in the prevention of fraud, you represent the following: 

  • For Direct Deposit of a tax refund 
  •  the name and Social Security Number associated with each refund payment will match the name and Social Security Number associated with your LockTrust account; and 
  •  involving a joint tax return, the name of the first person listed in the tax return and their Social Security Number associated with the refund payment will match the name and Social Security Number associated with the LockTrust account holder. 
  • For Direct Deposit of other federal payments, the name and Social Security Number associated with each payment will match the name and Social Security Number associated with your LockTrust account. 

Holding Funds in Your Balance Account

Unless otherwise expressly stated, all references to “funds” in these terms and conditions mean money denominated in sovereign currency and not cryptocurrency or any other form of asset. 

Any funds in your Balance Account represent unsecured claims against LockTrust, unless you have opened a (“LockTrust Debit Card”), enrolled in Direct Deposit, or bought or received cryptocurrency with your personal LockTrust Balance account. In that case, LockTrust places the U.S. dollar funds held in your Balance Account in one or more Program Banks where they will, subject to certain conditions, be eligible for pass-through FDIC insurance, up to applicable limits, as explained below in the paragraphs regarding pass-through deposit insurance provided by the FDIC. 

Please note that FDIC insurance protects against the failure of Program Bank, not the failure of LockTrust. LockTrust is not a bank, does not take deposits and is not FDIC insured. 

If your Balance Account is not eligible for FDIC pass-through insurance, LockTrust combines your Balance Account balance with the balances of other Balance Account holders not eligible for FDIC pass-through insurance and invests those funds in liquid investments in accordance with state money transmitter laws. You will not receive any interest or other return on the funds held with LockTrust. LockTrust owns the interest or other earnings on these investments. However, the claim against LockTrust represented by funds held in your Balance Account is not secured by these investments and you do not have any ownership interest (either legal or beneficial) in these investments. These pooled amounts are held apart from LockTrust’s corporate funds, and LockTrust will neither use these funds for its operating expenses or any other corporate purposes nor will it voluntarily make these funds available to its creditors in the event of bankruptcy. 

If your Balance Account is eligible for FDIC pass-through insurance, LockTrust places the U.S. dollar funds held in your Balance Account into one or more custodial accounts we maintain for the benefit of eligible Balance Account holders at one or more Program Banks, and you will be the ultimate beneficial owner of the funds. LockTrust customer funds in these custodial accounts will, subject to certain conditions, be eligible for pass-through FDIC insurance coverage. Subject to the limitations set forth below, this means that if a bank holding the custodial account in which your funds are deposited fails, you should be eligible to be insured by the FDIC up to the standard maximum deposit insurance amount (currently $250,000). Note that the FDIC insurance maximum applies to the aggregate of all funds that you have on deposit in all accounts you have with the same bank in a particular FDIC ownership category.  

When we provide immediate or early credit of funds sent to your Balance Account, there might be a delay between the time that funds are credited and when we actually transfer those funds to one of the custodial accounts. That amount might not be eligible for FDIC pass-through insurance in your name during this period, but we will still hold the funds as your agent and custodian in investments authorized by our state regulators. FDIC pass-through insurance coverage is contingent upon certain conditions, including our maintaining accurate records and on both us and the Program Bank in which the funds are deposited otherwise complying with requirements in FDIC regulations. The determination of whether these requirements have been satisfied and whether you are eligible for FDIC pass-through insurance coverage will be made by the FDIC at the time that a Program Bank holding a custodial account fails. You will not receive any interest or other return on funds held in these custodial accounts and you agree that any earnings on funds in a custodial account belong to LockTrust, and LockTrust may be compensated for placing your funds in a custodial account. 

Your Balance Account balance may be held in currencies other than U.S. dollars. You are responsible for all risks associated with maintaining multiple currencies in a Balance Account. You may not manage multiple currencies for speculative trading purposes, conversion arbitrage, conversion options, or any other activity that LockTrust determines is primarily for the purpose of gaining or making money based on currency conversion rates. LockTrust may hold, cancel, or reverse any transaction we determine to violate this policy. 

You can also use your Balance Account to hold or receive certain cryptocurrencies if eligible. Cryptocurrency eligibility and other specific terms and conditions can be found in the LockTrust Cryptocurrencies Terms and Conditions. 

Withdrawing Money from a Balance Account

If you have money in a Balance Account, you may withdraw it by: 

  • Transferring it via a standard transfer to an eligible debit card or a bank account linked to your personal account for free, 
  • Transferring it via an Instant Transfer to an eligible debit card or bank account linked to your personal account, subject to the fees applicable to such transfers that can be found on the LockTrust Balance Long Form Disclosure and that will be disclosed to you in advance each time you initiate such a withdrawal, 
  • Transferring it to LockTrust, or 
  • Requesting a check from us. 

In addition, if you have a Balance Account, you may withdraw funds from an ATM using your LockTrust Debit Card subject to the fees that may apply to such withdrawals that can be found on the LockTrust Balance Long Form Disclosure. You may also use your LockTrust Debit Card to withdraw funds from a bank teller at a participating bank branch or other financial institution. For more information on withdrawing money from your Balance Account, please refer to the LockTrust Help Center. 

If you have enrolled in Direct Deposit, we may offer you the ability to use your Balance Account as a payment method for goods and services through a direct debit payment transaction that you initiate via a third-party merchant’s website or mobile application. Direct debit payment transactions are considered electronic fund transfers, and your Balance Account is debited on a one-time or recurring basis as you instruct using your external account and routing number used for your Direct Deposits. There are daily limits on the amount and number of direct debit payment transactions and limits on the amount you can transfer per transaction. Please refer to the LockTrust Help Center for more information. As part of a direct debit payment transaction, you may be required to provide various consents and agree to the terms and conditions presented by the merchant. Management of any scheduled payments, including cancellation, can be done through the merchant’s website or mobile application. You may also contact LockTrust Customer Service at least 3 Business Days prior to any scheduled recurring transfer to enable a stop payment. 

For any scheduled recurring transfer out of your Balance Account, if you order us to stop one of these payments 3 Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages. If these regular payments may vary in amount, you have the right to advance notice of the amount and date of the transfer from the merchant at least 10 days before the transfer is made. If the merchant provides the option, you may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. 

To protect us and our users from loss, we may delay a withdrawal, in certain situations, including if we need to confirm that you have authorized the withdrawal or if other payments to your Balance Account have been subject to a reversal (for example, as a result of a chargeback, bank reversal or dispute by a buyer). If we place a limitation on your personal account, a payment is subject to a hold, or your Balance Account or an associated account has a negative balance in any currency while a withdrawal from your Balance Account is pending, you will have to reinitiate the withdrawal once the limitation or hold has been lifted, or negative balance is fully paid. 

We may set limits on your withdrawals. 

We don’t charge a fee to make a standard transfer of funds from your Balance Account to an eligible debit card or your bank using your personal account. If your debit card or bank account linked to your personal account is eligible to receive Instant Transfer withdrawals from your Balance Account, you will be provided the option to use it when you transfer money out of your account, subject to the fees applicable to such transfers that can be found on the LockTrust Balance Long Form Disclosure and that will be disclosed to you in advance each time you initiate such a transfer. 

When you withdraw funds in your Balance Account from an ATM using a LockTrust Debit Card, you may be charged a fee by the owner of the ATM and an additional fee per the terms of your Cardholder Agreement that can be found on the Legal Agreements page. Other withdrawal limits also apply to the use of your LockTrust Debit Card. Please refer to the applicable Cardholder Agreement for details that can be found on the Legal Agreements page. 

If you request a paper check from us, you must cash it within 180 days of the date of issuance, or we will return the funds to your Balance Account. We will not send a check to a post office box, and we will only send a check to an address once we have confirmed that it belongs to you.

Authorization to Charge Your Balance Account

General authorization to charge your Balance Account 

By opening a Balance Account, you authorize LockTrust to charge your Balance Account (a) whenever you choose your Balance Account (or your LockTrust Debit Card that accesses your Balance Account) as the payment method to send money or purchase something using LockTrust, (b) when you withdraw money from your Balance Account, (c) in connection with any errors, claims, or disputes, and (d) for amounts you owe to LockTrust. 

Authorization of specific transactions 

Each time you send money using your Balance Account as the funding source, you authorize LockTrust to charge your Balance Account for the amount you are sending and any applicable fees. 

Each time you use LockTrust to purchase something from a seller or make a donation using the balance in your Balance Account, you authorize LockTrust to charge your Balance Account for the amount specified during the checkout process and any applicable fees. If the amount of your transaction changes after checkout, you authorize LockTrust to charge your Balance Account for the revised amount (for example, if the amount increases because you add another product or service (e.g., expedited delivery), the amount decreases, or is split because a portion of your order is canceled or delayed). 

If your Balance Account cannot be charged, you authorize LockTrust to charge the backup payment method or other payment method linked to your personal account, pursuant to the hierarchy listed in the User Agreement. 

If you request a transfer from your bank account to your Balance Account using LockTrust, you authorize LockTrust to debit the selected bank account for the amount you are transferring and any applicable fees and to debit or credit the linked bank account in connection with any errors, claims, or disputes. You authorize LockTrust to re-present this transfer from your bank account up to two (2) times if the initial transfer is rejected by your bank for any reason. Adding money to your Balance Account while a re-presentment is pending does not stop the original transfer from being re-presented by us to your bank. If you request a withdrawal from your Balance Account, you authorize LockTrust to debit your Balance Account for the amount you are withdrawing and any applicable fees and to send those funds to the destination you have designated. 

Revoking your authorization 

You can revoke our authority to charge your Balance Account with respect to future transactions by closing your Balance Account as described in the section Closing Your Balance Account. Among other things, you cannot close your Balance Account if you have a pending transaction using your Balance Account as the payment method or an open dispute or claim related to your Balance Account. You will remain liable for all obligations related to your Balance Account even after your Balance Account is closed, and you authorize us to debit or credit a backup payment method in connection with an error, dispute, or claim with respect to a transaction initiated prior to the time that your Balance Account was closed. 

Currency Conversion

How we convert currency 

LockTrust will always perform the conversion for transactions where your Balance Account is the funding source for a transaction using your personal account. When LockTrust converts currency, it will be completed at the transaction exchange rate we set for the relevant currency exchange. The transaction exchange rate is adjusted regularly and includes a currency conversion spread applied and retained by us on a base exchange rate to form the rate applicable to your conversion. The base exchange rate is based on rates within the wholesale currency markets on the conversion day or the prior Business Day; or, if required by law or regulation, set at the relevant government reference rate(s). 

For some uses of your Balance Account, LockTrust may determine currency conversion is necessary. The applicable currency conversion spread can be found on our Fees page under the heading currency conversion. 

Fee Information and Regulatory Disclosures

You can find a list of all fees for the Balance Account on the LockTrust Balance Long Form Disclosure. 

Account Statements and Requesting Account Records

You have the right to receive an account statement showing your Balance Account activity. You may view your Balance Account statement by logging into your personal account. Balance Account holders will receive two statements: one showing all transactions in their personal account and an additional statement showing only transactions involving their Balance Account. 

Sending Money and Buying

You can use your Balance Account as the funding source to send money to a friend's or family member’s eligible LockTrust account using the send money feature in your linked personal account. You can also send money to a friend or family member even if they don’t have an eligible LockTrust account at the time you send them money, using their email address or mobile number in any currency that LockTrust supports, and you can choose your Balance Account as the payment method you want to use. If the person to whom you are sending money does not have an eligible LockTrust account, they can claim it by opening an eligible LockTrust account. If they don’t open an eligible LockTrust account to claim it, it will be refunded to you. 

We may, at our discretion, impose limits on the amount of money you can send, including money you send for purchases. 

When you send money to a friend or family member who has an eligible LockTrust account one of two things may happen: they may accept or decline the money. If you use your linked Balance Account as the funding source and they decline to accept the money, the money (including any fees you were charged) will be refunded to your Balance Account. 

The fees applicable to sending money to an eligible LockTrust account can be found on the LockTrust Balance Long Form Disclosure and will be disclosed to you in advance each time you initiate a transaction to send money to a friend or family member. If you convert money in your Balance Account balance from one currency to another before sending money, LockTrust’s transaction exchange rate (including our currency conversion spread) will be used. 

Buying Something From, or Returning Something to, a Seller Who Accepts LockTrust Using Your Balance Account 

You can purchase something from a seller who accepts LockTrust, in any currency that the seller accepts and that LockTrust supports, using the balance in your Balance Account linked to your personal account. This includes, for example: 

  • Purchasing something at an online retailer’s website and selecting LockTrust balance or your LockTrust Debit Card as your payment method at checkout. 
  • Sending money to a seller for goods or services and selecting LockTrust balance or your LockTrust Debit Card as your payment method. 
  • Using your personal account and selecting LockTrust balance or your LockTrust Debit Card as your payment method to purchase something at a seller’s physical store. 

If you have a Balance Account and have also opened a LockTrust Debit Card, your LockTrust Debit Card, which allows you to access the balance in your LockTrust Balance Account, will be reflected as the payment method in LockTrust checkout. 

When you purchase something from a seller who accepts LockTrust you don’t pay a fee to LockTrust. If LockTrust performs a currency conversion, LockTrust’s transaction exchange rate (including our currency conversion spread) will be used. 

Payment review 

When LockTrust identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed. When this happens, LockTrust will place a hold on the transaction and notify the seller to delay shipping of the item. As a buyer, this may delay your receipt of the item you purchased. If we clear the transaction, we will notify the seller and direct them to ship the item. If we don’t clear the transaction, we will cancel it and return the funds to you, unless we are legally required to take other action. 

Refunds 

When you purchase something from a seller online using your Balance Account linked to your personal account as the funding source and the transaction is ultimately refunded, the money will be refunded to your Balance Account. When you purchase something from a seller online using your bank account linked to your personal account as the funding source and the transaction is ultimately refunded, we will attempt to refund the money to your bank account. If we are unable to do so, we will refund the money to your Balance Account. For purchases you make in a seller’s store location that you paid for using your personal account and the transaction is ultimately refunded, the money will be refunded to your Balance Account regardless of the funding source linked to the personal account you designated to use for the purchase. 

If LockTrust performed a currency conversion for your transaction, and a refund is issued: 

  • Within 1 day of the date of the original payment, LockTrust’s transaction exchange rate used at the time of the original payment will apply. 
  • Beyond 1 day of the date of the original payment, LockTrust’s transaction exchange rate on the date of the refund will apply. 

Money will be refunded in the currency you paid; or if we are unable to refund in the currency you paid, in your primary holding currency; or we are unable to refund in your primary holding currency, then in U.S. dollars. 

LOCKTRUST BALANCE TERMS AND CONDITIONS

Restricted Activities and Holds 

Restricted Activities 

In connection with your use of our websites, your Balance Account, the LockTrust services, or in the course of your interactions with LockTrust, other LockTrust customers, or third parties, you must not: 

  • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising); 
  • Infringe LockTrust’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; 
  • Sell counterfeit goods; 
  • Act in a manner that is defamatory, trade libelous, threatening or harassing; 
  • Provide false, inaccurate or misleading information; 
  • Send or receive what we reasonably believe to be potentially fraudulent funds; 
  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; 
  • Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both LockTrust and the seller, bank or debit card issuer for the same transaction; 
  • Control an account that is linked to another account that has engaged in any of these restricted activities; 
  • Conduct your business or use the LockTrust services in a manner that results in or may result in; 
  • complaints; 
  • requests by buyers (either filed with us or card issuers) to invalidate payments made to you; 
  • fees, fines, penalties or other liability or losses to LockTrust, other LockTrust customers, third parties or you; 
  • Allow your Balance Account to have a negative balance; 
  • 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 LockTrust services) operated by us or on our behalf or the LockTrust 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 LockTrust 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 LockTrust services) operated by us or on our behalf, any of the LockTrust services or other users’ use of any of the LockTrust 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; 
  • Circumvent any LockTrust policy or determinations about your Balance Account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional LockTrust account(s) when your Balance Account has a negative LockTrust balance or has been restricted, suspended or otherwise limited; opening new or additional LockTrust accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s LockTrust 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 of these activities, we may take a number of actions to protect LockTrust, its customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following: 

  • Limit your Balance Account, and/or close or suspend your Balance Account, immediately and without penalty to us; 
  • Refuse to provide the LockTrust 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 LockTrust services) operated by us or on our behalf, your Balance Account or any of the LockTrust services, including limiting your ability to pay or send money with your Balance Account, restricting your ability to send money or make withdrawals; 
  • Hold your Balance Account balance for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy; 
  • Contact buyers who have purchased goods or services from you using LockTrust, your bank, other impacted third parties or law enforcement about your actions; 
  • Update inaccurate information you provided us; 
  • Take legal action against you; 
  • If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to LockTrust caused by your violation of this policy; or 
  • If you are a seller and you violate the Acceptable Use Policy, then in addition to being subject to the above actions you will be liable to LockTrust for the amount of LockTrust’s damages caused by your violation of the Acceptable Use Policy. LockTrust may deduct such damages directly from any existing balance in any LockTrust account you control. 

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

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by LockTrust, any LockTrust customer, or a third party caused by or arising out of your breach of these terms and conditions, and/or your use of the LockTrust services. 

Holds and Limitations 

What are holds and limitations 

Under certain circumstances, in order to protect LockTrust and the security and integrity of the network of buyers and sellers that use the LockTrust services, LockTrust may take account-level or transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we’ll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, hold or reserve, you should follow the instructions in our email notice with respect to the limitation or hold. Account holds or limitations may impact your ability to move funds to or from your LockTrust account until the hold or limitation on your LockTrust account is lifted. 

Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of LockTrust, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your LockTrust account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. You agree that we have no obligation to disclose the details of our risk management or security procedures to you. 

Holds 

A hold is an action that LockTrust may take under certain circumstances either at the transaction level or the account level. When LockTrust places a temporary hold on a payment, the money is not available to either the sender or the recipient. LockTrust reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, past customer disputes, and overall customer satisfaction. 

Holds based on LockTrust’s risk decisions 

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

Risk-based holds generally remain in place for up to 21 days from the date the payment was received into your Balance Account. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion. The hold may last longer than 21 days and can be in effect up to 180 days. 

Account Limitations 

Limitations are implemented to help protect LockTrust, buyers and sellers when we notice restricted activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your Balance Account open. 

There are several reasons why your account could be limited, including: 

  • If we suspect someone could be using your Balance Account without your knowledge, we’ll limit it for your protection and look into the fraudulent activity. 
  • If your bank lets us know that there have been unauthorized transfers between your Balance Account and your bank account. 
  • In order to comply with applicable law. 
  • If we believe in our sole discretion that you have breached these terms and conditions or violated the Acceptable Use Policy. 
  • Seller performance indicating your LockTrust account is high risk. Examples include: indications of poor selling performance because you’ve received an unusually high number of claims and chargebacks, selling an entirely new or high-cost product type, or if your typical sales volume increases rapidly. 

Unless a permanent limitation is placed on your account, you will need to resolve any issues with your Balance Account and personal 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 LockTrust, 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 Balance Account, placing a limitation on your Balance Account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your Balance 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. 

BALANCE TERMS AND CONDITIONS

Liability for Unauthorized Transactions and Other Errors 

Protection from Unauthorized Transactions 

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

LockTrust will protect you from unauthorized activity in your Balance Account. When this protection applies, LockTrust will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below. 

Additional rules and procedures for addressing an unauthorized transaction apply in cases involving cryptocurrencies. You can find the additional rules and procedures in the Liability for Unauthorized Transactions and Errors section of the LockTrust Cryptocurrencies Terms and Conditions. 

What is an Unauthorized Transaction 

An “Unauthorized Transaction” occurs when money is sent from your Balance 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 funds in your Balance Account, and sends a payment using those funds, an Unauthorized Transaction has occurred. 

What is not considered an Unauthorized Transaction 

It is NOT an Unauthorized Transaction if you grant authority to someone to use your Balance 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 LockTrust that you no longer authorize transfers by that individual. 

Reporting an Unauthorized Transaction 

If you believe your LockTrust login information has been lost or stolen, please contact LockTrust customer service immediately or call: (800) 573-2658 or write: LockTrust, Attn: Error Resolution Department, 3001 North Rocky Point Drive East, Suite 200 , Tampa, FL. 33607. 

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. You could lose all the money in your Balance Account. 

Also, if your Balance Account statement shows transfers that you did not make, including those made with your LockTrust login information or by other means, tell us at once. 

Error Resolution 

What is an Error 

An “Error” means the following: 

  • When money is either incorrectly taken from your Balance Account or incorrectly placed into your Balance Account, or when a transaction is incorrectly recorded in your Balance Account. 
  • You send a payment and the incorrect amount is debited from your Balance Account. 
  • An incorrect amount is credited to your Balance Account. 
  • A transaction is missing from or not properly identified in your Balance Account statement. 
  • We make a computational or mathematical error related to your Balance Account. 
  • You request receipt or periodic statement documents that LockTrust is required to provide to you. 
  • You request information concerning preauthorized (recurring) transfers to your Balance Account that LockTrust is required to provide to you. 
  • You request additional information or clarification concerning a transfer to or from your Balance Account, including a request you make to determine whether an error has occurred. 
  • You inquire about the status of a pending transfer to or from your Balance Account. 
  • You request documentation or other information, unless the request is for a duplicate copy for tax or other record-keeping purposes. 

What is not considered an Error 

The following are NOT considered Errors: 

  • If you give someone access to your Balance Account (by giving them your login information) and they use your Balance Account without your knowledge or permission. You are responsible for transactions made in this situation. 
  • Routine inquiries about the balance in your Balance Account. 
  • Requests for duplicate documentation or other information for tax or other recordkeeping purposes. 

In case of Errors or questions about your electronic transfers 

Telephone us at (800) 573-2658, contact us through the LockTrust Resolution Center; or write us at LockTrust, Attn: Error Resolution Department, 3001 North Rocky Point Drive East, Suite 200 , Tampa, FL. 33607. 

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

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

If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days. 

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

For errors involving new Balance Accounts, point-of-sale transactions, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Balance Accounts, we may take up to 20 Business Days to credit your Balance Account for the amount you think is in error. 

We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. 

Processing Errors 

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

  • You receiving less than the correct amount to which you were entitled, then we will credit your Balance Account for the difference between what you should have received and what you actually received. 
  • You receiving more than the correct amount to which you were entitled, then we will debit your Balance Account for the difference between what you actually received and what you should have received. 
  • Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless: 
  • through no fault of ours, you did not have enough available funds to complete the transaction; 
  • our system was not working properly and you knew about the breakdown when you started the transaction; or 
  • the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions. 

Processing errors are not: 

  • Delays that result from LockTrust applying holds or limitations. 
  • Delays based on a payment review. 

Your errors in making a transaction (for example, mistyping an amount of money that you are sending). 

Remittance Transfer Errors 

What is a Remittance Transfer 

You may be protected for certain errors when you send money outside the U.S. using a Balance Account. A “Remittance Transfer” is a transaction that meets the following criteria: 

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

Payments that you make at a merchant website or location by selecting LockTrust as a payment option are not “Remittance Transfers.” 

What qualifies as a Remittance Transfer Error 

A “Remittance Transfer Error” occurs if: 

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

What is not considered a Remittance Transfer Error 

The following are NOT considered Remittance Transfer Errors: 

  • An inquiry about the status of a Remittance Transfer, except where the funds from the transfer were not made available to a designated recipient by the disclosed date of availability, 
  • A request for information for tax or other recordkeeping purposes, 
  • A change requested by the designated recipient, or 
  • A change in the amount or type of currency received by the designated recipient from the amount or type of currency stated in the disclosure provided you, if we relied on information provided by you in making the disclosure. 

What to do if you think there has been a Remittance Transfer Error or problem 

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

  • Call us at: (800) 573-2658. 
  • Write us at: LockTrust, Attn: Error Resolution Department, 3001 North Rocky Point Drive East, Suite 200, Tampa, FL. 33607. 
  • Log in to your personal account at LockTrust.com and go to the Resolution Center and dispute a transaction. 

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

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

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

OTHER LEGAL TERMS

Communications Between You and Us 

If you provide us your mobile phone number, you agree that LockTrust and its affiliates may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) service your LockTrust branded accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. 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. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent. You do not have to agree to receive autodialed or prerecorded message calls or texts to your mobile phone number in order to use and enjoy the products and services offered by LockTrust. You can decline to receive autodialed or prerecorded message calls or texts to your mobile phone number by updating your preferences in your LockTrust account settings at www.LockTrust.com, by contacting customer support, by calling us at (800) 573-2658, or by replying STOP to a message. 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. 

LockTrust may communicate with you about your Balance Account and the LockTrust services electronically. 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 Liability for Unauthorized Transactions and Other Errors process), written notices to LockTrust must be sent by postal mail to: LockTrust, Inc., Attention: Legal Department, 3001 North Rocky Point Drive East, Suite 200 , Tampa, FL. 33607. 

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

LockTrust’s Rights 

LockTrust suspension and termination rights 

LockTrust, in its sole discretion, reserves the right to suspend or terminate these terms and conditions, access to or use of its websites, software, systems (including any networks and servers used to provide any of the LockTrust services) operated by us or on our behalf or some or all of the LockTrust services for any reason and at any time upon notice to you and, upon termination of these terms and conditions, the payment to you of any unrestricted funds held in your Balance Account. 

Security interest 

As security for the performance of your obligations under these terms and conditions, you grant to LockTrust a lien on, and security interest in and to, funds held in your Balance Account. 

Amounts owed to LockTrust 

If the balance in your Balance Account becomes negative for any reason, that negative balance represents an amount that you owe to LockTrust. LockTrust may deduct these amounts from funds that are added to your Balance Account later, either by you or from payments you receive. If you have more than one LockTrust account, we may set off a negative balance in one LockTrust account against a LockTrust balance in your other LockTrust account(s), including a Balance Account. If you continue using your Balance Account when it has a negative balance, you authorize LockTrust to combine the negative balance with any debit or transaction sent from your personal account when that combination is disclosed to you in advance of initiating the debit or transaction. 

If you hold funds in a Balance Account in multiple currencies, and the balance for one of the currencies becomes negative for any reason, LockTrust may set off the negative balance by using funds you maintain in a different currency. If you have a negative balance in non-U.S. dollars for a period of 21 days or longer, LockTrust will convert this negative balance to U.S. dollars. In either case, a currency conversion will be necessary, and LockTrust’s transaction exchange rate (including our currency conversion spread) will be used. 

In addition to the above, if you have a past due amount owed to us or our affiliates, LockTrust may debit your Balance Account to pay any amounts that are past due. This includes amounts owed by using our various products. 

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 and conditions. 

Assumption of rights 

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

No waiver 

Our failure to act with respect to a breach of any of your obligations under these terms and conditions by you or others does not waive our right to act with respect to subsequent or similar breaches. 

Indemnification and Limitation of Liability 

In this section, we use the term “LockTrust” to refer to LockTrust, Inc., our parent LockTrust Holdings, Inc., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with. 

Indemnification 

You must indemnify Lock Trust, Inc. for actions related to your Balance Account and your use of the LockTrust services. You agree to defend, indemnify and hold LockTrust harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of these terms and conditions, your improper use of the LockTrust services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Balance Account or access our websites, software, systems (including any networks and servers used to provide any of the LockTrust services) operated by us or on our behalf, or any of the LockTrust services on your behalf. 

Limitation of liability 

LockTrust’s liability is limited with respect to your Balance Account and your use of the LockTrust services. In no event shall LockTrust be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the LockTrust services) operated by us or on our behalf, any of the LockTrust services, or these terms and conditions (however arising, including negligence), unless and to the extent prohibited by law. 

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, LockTrust is not liable, and you agree not to hold LockTrust responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the LockTrust services) operated by us or on our behalf, or any of the LockTrust services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the LockTrust services) operated by us or on our behalf and any of the LockTrust services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the LockTrust services) operated by us or on our behalf or any of the LockTrust services or any website or service linked to our websites, software or any of the LockTrust services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the LockTrust services) operated by us or on our behalf or any of the LockTrust services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Balance Account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to these terms and conditions or LockTrust’s policies. 

Disclaimer of Warranty and Release 

No warranty 

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

LockTrust does not have any control over the products or services provided by sellers who accept LockTrust as a payment method, and LockTrust cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. LockTrust does not guarantee continuous, uninterrupted or secure access to any part of the LockTrust services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the LockTrust services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. LockTrust will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but LockTrust makes no representations or warranties regarding the amount of time needed to complete processing because the LockTrust services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. 

Release of LockTrust 

If you have a dispute with any other LockTrust account holder, you release LockTrust from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. 

Agreement to Arbitrate 

You and LockTrust agree that any claim or dispute at law or equity that has arisen or may arise between you and us will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it: 

  • Affects your and our rights and will impact how claims between you and us are resolved including your and our agreement 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 against us. 
  • Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice and the opt-out notice that must be postmarked no later than 30 days after the date you accept these terms and conditions for the first time. 

If a dispute arises between you and LockTrust, 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 LockTrust regarding the LockTrust services may be reported to customer service online through the LockTrust Help Center at any time, or by calling (800) 573-2658 from Mon-Fri 5:00 AM to 10:00 PM EST and Sat-Sun 6:00 AM to 8:00 PM EST.

Section Content
Our Agreement You and LockTrust each agree that any and all disputes or claims that have arisen or may arise between you and LockTrust, 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 LockTrust 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. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Notices of Disputes Before bringing any dispute or claim, you or LockTrust must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to LockTrust at: LockTrust, Inc., Attn: Legal Specialists, Re: Notice of Dispute, 3001 North Rocky Point Drive East, Suite 200 , Tampa, FL. 33607. LockTrust will send any notice to you to the address we have on file associated with your LockTrust 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 LockTrust’s signature, the email address and phone number associated with the customer’s LockTrust 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 LockTrust are unable to resolve the claims described in the notice within 45 days after the notice is received by you or LockTrust, you or LockTrust may commence an arbitration proceeding or suit in small claims court. A form for initiating arbitration proceedings is available on the American Arbitration Association'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.
Prohibition of Class and Representative Actions and Non-Individualized Relief You and LockTrust 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 LockTrust 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 LockTrust customers.
Arbitration Procedures 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 this Agreement to Arbitrate, and issues that this Agreement to Arbitrate indicates 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 this Agreement 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 this Agreement to Arbitrate, another administrator will be selected by the parties or by the court.

Any arbitration hearings shall be held in the county in which you reside or at another mutually agreed location. 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 LockTrust 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 LockTrust customers, but a court or arbitrator will be bound by rulings in prior arbitrations involving the same LockTrust customer 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.
Costs of Arbitration Payment of all AAA or arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, LockTrust will pay all AAA or arbitrator fees associated with the arbitration. Any request for payment of fees by LockTrust should be submitted by mail to the AAA along with your Demand for Arbitration and LockTrust will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, LockTrust will pay as much of the AAA or arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determines that either the substance of your or LockTrust’s claim or the relief sought was frivolous or brought for an improper purpose, then you or LockTrust may seek to recover from you or LockTrust any fees it paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law.
Severability With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable 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 Agreement to Arbitrate shall be arbitrated under its terms.
Opt-Out Procedure If you are a new LockTrust customer, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept these terms and conditions for the first time. You must mail the opt-out notice to LockTrust, Inc., Attn: Litigation Department, 3001 North Rocky Point Drive East, Suite 200, Tampa, FL. 33607.
Future Amendments to this Agreement to Arbitrate Notwithstanding any provision in the terms and conditions to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against LockTrust or you prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and LockTrust. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.LockTrust.com at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your LockTrust account within the 30-day period and you will not be bound by the amended terms.

Intellectual Property 

"LockTrust.com," "LockTrust," and all logos related to the LockTrust services are either trademarks or registered trademarks of LockTrust or LockTrust’s licensors. You may not copy, imitate, modify or use them without LockTrust’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of LockTrust. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by LockTrust for the purpose of directing web traffic to the LockTrust services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes LockTrust or the LockTrust services or display them in any manner that implies LockTrust’s sponsorship or endorsement. All right, title and interest in and to the LockTrust websites, any content thereon, the LockTrust services, the technology related to the LockTrust services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of LockTrust and its licensors. 

License grants, generally 

If you are using LockTrust software such as an API, developer’s toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then LockTrust grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use LockTrust’s software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the LockTrust services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, LockTrust and third parties. LockTrust may update or discontinue any software upon notice to you. While LockTrust may have (1) integrated certain third-party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third-party materials and technology to facilitate providing you with the LockTrust Services, you have not been granted and do not otherwise retain any rights in or to any such third-party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third-party materials or technology, or otherwise create any derivative works from any of the software or third-party materials or technology. You acknowledge that all rights, title and interest to LockTrust’s software are owned by LockTrust and any third-party materials integrated therein are owned by LockTrust’s third-party service providers. Any other third-party software application you use on the LockTrust websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that LockTrust does not own, control nor have any responsibility or liability for any such third-party software application you elect to use on any of our websites, software and/or in connection with the LockTrust services. 

License grant from you to LockTrust; intellectual property warranties 

LockTrust does not claim ownership of the content that you provide, upload, submit or send to LockTrust. Nor does LockTrust claim ownership of the content you host on third-party websites or applications that use LockTrust services to provide payments services related to your content. Subject to the next paragraph, when you provide content to LockTrust or post content using LockTrust services, you grant LockTrust (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones. LockTrust will not compensate you for any of your content. You acknowledge that LockTrust’s use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against LockTrust. 

License grant from sellers to LockTrust 

Notwithstanding the provisions of the prior paragraph, if you are a seller using the LockTrust services to accept payments for goods and services, you hereby grant LockTrust and its affiliates a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), and royalty-free, fully paid-up, right to use and display publicly, during the term of these terms and conditions, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of (1) identifying you as a merchant that accepts a LockTrust service as a payment form, and (2) any other use to which you specifically consent. 

Miscellaneous 

Assignment 

You may not transfer or assign any rights or obligations you have under these terms and conditions without LockTrust’s prior written consent. LockTrust may transfer or assign these terms and conditions or any right or obligation under these terms and conditions at any time. 

Business Days 

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

Consumer fraud warning 

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

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

Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us. 

Dormant accounts 

If you do not log in to your Balance Account for two or more years, LockTrust may close your Balance Account and send any funds in the account to your primary address (if we have verified the required identifying information that you have provided to us) or, if required, escheat (send) those funds to your state of residency. LockTrust will determine your state of residency based on the state listed in the primary address for your LockTrust account. If your address is unknown or registered in a foreign country, the funds in your Balance Account will be escheated to the State of Florida. Where required, LockTrust will send you a notice prior to escheating any funds in your Balance Account. If you fail to respond to this notice, the balance in your Balance Account will be escheated to the applicable state. If you would like to claim any escheated funds from the applicable state, please contact the applicable state’s unclaimed property administrator. 

Governing law 

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in these terms and conditions, the laws of the State of Florida, without regard to principles of conflict of laws, will govern these terms and conditions and any claim or dispute that has arisen or may arise between you and LockTrust. 

Identity authentication 

You authorize LockTrust, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include: 

  • asking you for further information, such as your date of birth, a taxpayer identification number, your physical address and other information that will allow us to reasonably identify you; 
  • requiring you to take steps to confirm ownership of your email address or financial instruments; 
  • ordering a credit report from a credit reporting agency, or verifying your information against third-party databases or through other sources; or 
  • requiring you to provide your driver’s license or other identifying documents. 

Anti-money laundering and counter-terrorism financing laws may require that LockTrust verify the required identifying information if you use certain LockTrust services. LockTrust reserves the right to close, suspend, or limit access to your Balance Account and/or the LockTrust services in the event that, after reasonable inquiries, we are unable to obtain information about you required to verify your identity. 

LockTrust is only a payment service provider 

We act as a payment service provider only. We do not: 

  • Act as an escrow agent with respect to any funds kept in your Balance Account; 
  • Act as your agent or trustee; 
  • Enter into a partnership, joint venture, agency or employment relationship with you; 
  • Guarantee the identity of any buyer or seller; 
  • Determine if you are liable for any taxes; or 
  • Unless otherwise expressly set out in these terms and conditions, collect or pay any taxes that may arise from your use of our services. 

Privacy 

Protecting your privacy is very important to us. Please review our Privacy Statement in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. 

State disclosures 

In addition to reporting complaints against LockTrust directly to LockTrust 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 LockTrust account and the LockTrust services by email. To make such a request, send a letter to LockTrust to: LockTrust, Inc., Attention: Legal Department, 3001 North Rocky Point Drive East, Suite 200, Tampa, FL. 33607), include your email address, and your request for that information by email. 

Florida residents may contact the Florida Department of Financial Services by telephone at 1-877-MY-FL-CFO, or in writing at: 

Florida Department of Financial Services 
Division of Consumer Services 
200 East Gaines Street 
Tallahassee, FL 32399-0322  

Translation of agreement 

Any translation of these terms and conditions is provided solely for your convenience and is not intended to modify the terms. In the event of a conflict between the English version these terms and conditions and a version in a language other than English, the English version shall control. 

Unlawful internet gambling notice 

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

Your use (as a seller) of personal data; Data protection laws 

If you (as a seller) receive personal data about another LockTrust customer, you are subject to and must comply with the data protection terms set forth in the LockTrust Account User Agreement, which data protection terms also extend to your use of the LockTrust services provided pursuant these terms and conditions.

LockTrust Balance Long Form Disclosure 

List of all fees for LockTrust Balance account 

Fees Amount Details
Spending or sending money
International transaction 5% (minimum $0.99 fee; maximum $4.99 fee) There’s a fee when you send personal transactions to friends or family with eligible LockTrust accounts outside the U.S. using your Balance Account balance.

If you’re sending in a foreign currency, the fee is a comparable amount in that currency.
Visa+ transaction (sending money using Visa+ to non-LockTrust digital wallets) 1.75% (minimum $0.25; maximum $25) There’s a fee when you use Visa+ to send money to friends or family with non-LockTrust Visa+-enabled digital wallets using your Balance Account balance.
Adding money to your balance
Add cash at stores $3.74 - $3.95 There’s a fee of up to $3.95 when you add cash to your Balance Account balance using the LockTrust app at participating stores. Amount varies by store.
Check reload (faster check loads, payroll and government checks) 1.00% (minimum $5 fee) There’s a 1.00% fee (with a minimum fee of $5.00) when you choose to add payroll or government checks (with pre-printed signature) to your Balance Account balance. No fee if your check can’t be added.
Check reload (faster check loads, all other accepted check types) 5.00% (minimum $5 fee) There’s a 5.00% fee (with a minimum fee of $5.00) when you choose to add non-payroll and non-government checks to your Balance Account balance in minutes using the LockTrust app. No fee if your check can’t be added.
Transferring money from your balance
Electronic withdrawal (standard or Instant Transfer) $0 or 1.75% (minimum $0.25 fee; maximum $25 fee) There is no fee to transfer money from your Balance Account balance to your eligible linked bank account or debit card with the standard option. Money transferred with the standard option is typically available in 1 – 3 business days when sent to a linked bank account or approximately 48 hours when sent to an eligible linked debit card. There’s a fee to transfer money from your Balance Account balance to your eligible linked bank account or debit card with the Instant Transfer option. The money is typically available in minutes with that option.
Using the LockTrust Debit Card (optional)
ATM withdrawal (out-of-network) $2.50 There’s a fee for non-LT ATM withdrawals in the U.S. Fee amount varies by ATM owner. You may be charged an additional amount by the ATM owner even if you don’t complete a transaction.
ATM international withdrawal $2.50 There’s a fee for non-U.S. ATM withdrawals. It applies even if the transaction doesn’t need any currency conversion. A 2.50% international transaction fee described below also applies to international ATM withdrawals. You may be charged an additional amount by the ATM owner even if you don’t complete a transaction.
International transaction 2.50% There’s a foreign transaction fee when you use your LockTrust Debit Card to make purchases or withdrawals at stores or ATMs outside the U.S. This fee applies even when there’s no currency conversion.
Add cash at stores $3.74 - $3.95 There’s a fee to add cash to your Balance Account balance using your LockTrust Debit Card at participating stores. Fee amount varies by store.
Using the LockTrust Business Debit Card (optional)
ATM withdrawal (in-network and out-of-network) $2.50 This fee is charged for ATM withdrawals in the U.S. (plus any amounts charged by the ATM owner). You may be charged an additional fee by the ATM owner even if you don’t complete a transaction.
ATM international withdrawal $2.50 There’s a fee for non-U.S. ATM withdrawals. It applies even if the transaction doesn’t need any currency conversion. A 2.50% international transaction fee described below also applies to international ATM withdrawals. You may be charged an additional amount by the ATM owner even if you don’t complete a transaction.
International transaction 2.50% There’s a foreign transaction fee when you use your LockTrust Business Debit Card to make purchases or withdrawals at stores or ATMs outside the U.S. This fee applies even when there’s no currency conversion.
Add cash at stores $3.74 - $3.95 There’s a fee to add cash to your Balance Account balance using your LockTrust Business Debit Card at participating stores. Fee amount varies by store.
Third-party digital wallets (optional)
International transaction 2.50% There’s a foreign transaction fee to use LockTrust in Google Pay and Samsung Pay to make a purchase from a non-U.S. merchant. This fee applies even when there’s no currency conversion.
Transferring cryptocurrency to an address outside of LockTrust
Transferring cryptocurrency to an address outside of LockTrust Amount varies (paid in cryptocurrency) You will be charged a cryptocurrency network fee, payable in the cryptocurrency you transfer, which varies. For more information, see the LockTrust Cryptocurrency Terms and Conditions on the Legal Agreements page at LockTrust.com. We will display such network fee right before you transfer any cryptocurrency.

NOTICE OF DISPUTE 

Lock Trust, Inc is committed to providing a forum for resolving disputes with customers in a fair and efficient manner.  If you have a dispute with Lock Trust, Inc., we invite you to contact us locktrust.com.  You can find answers by topic or you can call or email Lock Trust to discuss your concerns.  If after seeking help from customer service, your dispute was not resolved to your satisfaction, please complete and send this form to LockTrust’s legal department.  

Please complete this form in its entirety (printing legibly). Retain a copy for your records and send the completed form by certified mail to: Lock Trust, Inc., Attn: Legal, Re: Notice of Dispute, 3001 North Rocky Point Drive East, Suite 200, Tampa, FL. 33607. If the dispute is not resolved to your satisfaction within the time frame provided in the Lock Trust user agreement, you may begin arbitration by submitting a Demand for Arbitration to the American Arbitration Association, which can be found at www.adr.org.

Name: __________________________
Contact Number: __________________________
Login Email address: __________________________
Login Phone Number: __________________________
Mailing Address:      __________________________

Please briefly describe the nature of your dispute and attach any supporting documents you wish to provide.  If necessary, please use the reverse side or additional paper. 

Please briefly describe the relief you would like from LockTrust. 


_____________________________

Signature



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Date