TRIDENT TERMS OF USE & REFUND POLICIES

This ACCOUNT AGREEMENT (the "Agreement") is made by and between DG Capital, Inc. and its affiliates, (collectively "DG Capital") and the Client on the date first written below (the "Effective Date"). This Agreement shall be for the purchase of digital utility tokens ("Tokens").

  1. Payment: Client agrees to satisfy all payments for Tokens and other relevant products purchased. Client is also responsible for any other cost imposed by any government or jurisdiction in taxing or assessments relating to Tokens or other products purchased from DG Capital.

  2. Delivery: Tokens purchased from DG Capital will be delivered to the Client’s blockchain wallet within three business days of receipt and verification of Client funds.

  3. Refunds or Returns: All sales are final and not subject to cancellation unless the state in which the client resides provides for otherwise.

  4. Returns: All disputes or client concerns as to Tokens must be made to DG Capital within 48 hours of delivery to the Client’s designated wallet, as ALL SALES OF TOKENS ARE FINAL.

  5. Token Pricing: The market will determine the ask price for any Token. However, it is understood that if purchased from DG Capital, DG Capital will charge a maximum spread of between 6-10% above the spot price of gold. DG Capital will determine its bid price, although it will never be less than four percent (4%) lower than the spot price of gold. Moreover, DG Capital will always retain 100% of the sale price of any Token in the form of physical gold or a direct derivative of gold.

  6. Buy Backs: Current regulations do not allow for DG Capital to guarantee that it will buy back Tokens as part of the conditions for purchase. As such, DG Capital does not guarantee to buy back any Tokens that the Client purchases. DG Capital does intend to assist Clients who wish to liquidate their Tokens. As such, if Client desires to sell the Tokens in the future, Client is able to contact DG Capital via the tridentgold.com website for current liquidation processing and pricing. An offer to buy back is at the sole discretion of DG Capital.

  7. Transaction of Tokens within an IRA: Transactions taking place within a Self-directed IRA (SDIRA) are more expensive to process and manage. Tax laws associated with SDIRAs are often complex and can change at will. It is currently unclear as to whether Tokens may be held in an SDIRA. DG Capital’s representatives are not authorized to provide tax advice at any time. Both companies encourage Clients to seek professional advice regarding any questions or concerns regarding digital Tokens and their individual IRA program. DG Capital shall have no liability or responsibility for any damage or loss as a result of a Client transaction with its own IRA. DG Capital is not an investment advisor, financial advisor or retirement account fiduciary.

  8. Other Considerations: DG Capital will not be responsible for any delays, defaults or loss due to circumstances which are outside its ability to control. DG Capital’s representatives are not licensed investment advisors and are not making any recommendations for specific digital tokens, including Trident Gold tokens. No DG Capital representation shall ever act as an agent for any Client. Client agrees that no fiduciary relationship exists between DG Capital and Client and that the Client’s decision to purchase Tokens are Client’s decision alone.

  9. Warranties and Guaranties: DG Capital expressly disclaims and rebukes any other warranties for Tokens and digital tokens. Client hereby agrees and confirms that no warranties or guarantees have been made pertaining to the future value of any token of any kind. Client agrees to notify DG Capital immediately if any personnel of DG Capital makes any representation of warranty or guarantee.

  10. Client Responsibilities: Client is responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism Client uses to receive and hold Tokens purchased from DG Capital, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If Client private key(s) or other access credentials are lost, Client may lose access to Tokens. DG Capital is not responsible for any such losses.

  11. Risk Disclosures and Other Important Disclaimers: Digital tokens is a new asset class with a limited track record. As of the date of this Agreement, DG Capital believes that Tokens, like physical precious metals, are commodities. There is no legal requirement that any provider of goods and services will accept it as payment. Further, the regulatory framework governing digital tokens is constantly evolving, both in the U.S. and around the globe. Regulatory developments could impact Tokens availability or pricing or holding Tokens in retirement and investment accounts. Technological advances and other developments may impact the market as well. DG Capital does not mine Tokens or operate as an exchange. DG Capital is not in the money services business or engaged in Initial Coin Offering activities.

  12. Entire Agreement: This Agreement sets forth the entire agreement between DG Capital and Client and supersedes all prior negotiations, understandings and agreements between the Parties and shall be considered the final and exclusive contract between the parties. No amendment or modification, oral or otherwise written, of this Agreement shall be made.

  13. Dispute Resolution Policy – Binding Arbitration Agreement: By executing this Agreement, the Client and DG Capital hereby mutually agree that any and all disputes which may arise between them shall be decided exclusively in binding arbitration conducted by the American Arbitration Association ("AAA"). The Client and DG Capital further agree that each party will bear its own costs and attorneys’ fees incurred in connection with the AAA arbitration proceeding. All of the parties understand and agree that they are waiving the right to a jury trial before a judge. Neither the Client nor DG Capital shall be entitled to join or consolidate disputes by or against one another in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. This provision and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (the "FAA"), and, to the extent any provision of the FAA is inapplicable, the laws of the State of Utah.

  14. Jurisdiction and Venue: Jurisdiction and venue for any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation validity thereof, or any other interaction between DG Capital and Client, shall be in Salt Lake City, Utah and any party making a claim against DG Capital in whatever form hereby submits to personal jurisdiction in that forum for any and all purposes.

  15. Severability: If any provision or part of this Agreement is for any reason whatsoever be adjudged by any court or tribunal of competent jurisdiction or be held to be invalid, unenforceable or illegal, such judgment or holding shall not affect, impair or invalidate the remainder of this Agreement, but shall be confined in its operation to the provision or part of this Agreement directly involved in the matter, controversy or proceeding in which such judgment or holding shall have been rendered, and the remainder of this Agreement shall remain in full force and effect.

  16. IF CLIENT IS PURCHASING PMC Coin: If Client is purchasing the specific Token PMC Coin, Client understands that Client is purchasing such Tokens to facilitate purchases of products and services offered to Client by other entities. It is understood that this is a purchase of Tokens from DG Capital, not any other product or service. IN NO EVENT SHALL DG CAPITAL OR ITS AFFILIATES HAVE ANY OBLIGATION OR LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES SUSTAINED OR ARISING FROM OR RELATED TO ANY PRODUCTS AND SERVICES PURCHASED WITH THE TOKENS CONTEMPLATED UNDER THIS AGREEMENT. Client agrees to the transfer of the purchased Tokens into the transactional wallet provided to DG Capital specifically for facilitating the purchase of products and services, and not for any other purpose.