These GTC regulate the basis of the business relationship(s) between customers and MyTresor AG.

Table of Contents

1. Glossary
2. Scope and Contractual Partners
3. Account Creation, KYC, and Trading Process
4. MyTresor Account and Payment Provider Integration
5. Gold Products
6. Risk and Investment Advice
7. Information Mentioned on the Website and Shipping Fees
8. Order Execution and Market Fluctuations
9. Payment Terms, Due Date / Default, Counterclaims
10. Trading Bot
11. Safekeeping, Storage
12. Delivery, Collection / Transfer of Risk, Delay
13. Warranty / Duty to Inspect and Give Notice of Defects
14. Return Policy
15. Retention of Title
16. Compliance with Legal and Regulatory Requirements
17. Anti-Money Laundering and Fight Against the Financing of Terrorism Policy
18. Cooperation / Notification Obligations
19. Notes on Digital Presence
20. Notification System
21. Account Security
22. Protection of Personal Data
23. Monitoring
24. Liability (Limitation, Exclusion)
25. Legitimation
26. Communication
27. Succession
28. Intellectual Property
29. Applicable Law and Jurisdiction
30. Entire Agreement
31. Severability
32. Final Provisions and Amendments to Terms of Service

In these General Terms and Conditions, terms beginning with a capital letter have the following meaning:

• Customer: any individual or entity who enters into a transaction of sale, purchase, or storage of a Product(s) with MyTresor AG.
• Customer Service: The service in charge of handling MyTresor AG's customers.
• MyTresor: MyTresor AG, entered in the Register of Zug (CH) under registration number CHE-395.349.939.
• GTC: General Terms and Conditions of sale of MyTresor AG.
• Order(s): all orders, including sale order and purchase order.
• Order Confirmation: the Order confirmation sent by email to the Customer and/or via the Customer account.
• Order Date: the date on which the Order is placed by the Customer.
• Product(s): each and all products offered on MyTresor AG's Website, such as gold bullions.
• Storage: the storage of precious metals products bought on MyTresor and directly stored in MyTresor's vaults.
• Website: the website www.mytresor.com
• Working days: the days of the week, excluding weekends and public holidays officially recognized by the cantonal legislation applicable to MyTresor AG.
• Trading Bot: An automated trading feature that executes trades based on pre-set parameters defined by the user.
• LBMA: London Bullion Market Association, which sets the global standard for the quality of gold bullion.
• MyTresor vaulting service provider: The secure logistics provider responsible for vault storage and transportation of gold for MyTresor.
• KYC: Know Your Customer, a standard due diligence process used by financial institutions and other companies to verify the identity, suitability, and risks involved with maintaining a business relationship with a customer.
• AML: Anti-Money Laundering, refers to a set of laws, regulations, and procedures intended to prevent criminals from disguising illegally obtained funds as legitimate income.

2.1. These "General Terms and Conditions, Delivery and Payment Terms" (hereinafter: "GTC") of MyTresor apply to the entire distribution of precious metals and coins (hereinafter "goods") or for the relationships between MyTresor and its customers (legal transactions, deliveries and services, etc.).

2.2. The current version of the GTC valid at the time of the transaction/conclusion of a legal transaction is authoritative, which can be accessed, viewed, printed and/or saved by customers at any time via the footer of the website www.mytresor.com.

2.3. The GTC apply both to persons who order goods or services for purposes that are not related to their commercial or professional activity (consumers), as well as to natural or legal persons or partnerships who act in the exercise of their commercial or independent professional activity when concluding a legal transaction (entrepreneurs/companies). Both of the aforementioned groups of persons are referred to as "customers" in these GTC.

2.4. According to the business model and view of MyTresor, customers act either as (i) buyers (i.e., "sale" of goods by MyTresor to customers) or as (ii) sellers (i.e., "purchase" of goods by MyTresor from customers) of goods. Accordingly, these are sales or purchase conditions.

2.5. Terms and conditions of the customer that conflict with or deviate from these GTC and/or counter-confirmations by the customer with reference to the validity of its terms and conditions or other provisions to be applied are not accepted by MyTresor and are ineffective, unless they have been acknowledged in writing by MyTresor.

2.6. These GTC also apply to all future business relationships (including related types) with customers, even if they are not (again) explicitly referred to. Consent/acceptance occurs implicitly at the latest through use of the offer or services by the customer.

2.7. The customer acknowledges and accepts that MyTresor may restrict access to/use of or the scope of the range of goods, assortment and services at any time, especially if this is required to comply with legal or regulatory requirements. Any claims of the customer of any kind are excluded. In individual cases, individual agreements made with the customer (including side agreements, supplements and amendments) generally take precedence over these GTC. However, for the content of such agreements, a written contract or written confirmation from MyTresor is authoritative (subject to proof to the contrary).

2.8. In business dealings with MyTresor, Saturdays, Sundays and (cantonal) public holidays are not considered trading days.

2.9. The Customer must be at least 18 years old, capable of discernment (meaning they have the mental capacity to understand the nature and consequences of their actions), and not under a curatorship of any kind to place an Order through the Website, which they confirm when opening an account, placing purchase Order(s), sale Orders with MyTresor, or storing Products in MyTresor's vaults. Each Customer is only allowed to open one (1) account under his/her or any other name, on MyTresor.

2.10. The operator of and the contractual partner of MyTresor is:

MyTresor AG Dammstrasse 16 6300 Zug Switzerland

Registered in the Register of Zug under registration number CHE-395.349.939

represented by its managing director, with the joint signature of two, Ms. Ivona Victoria Moro.

2.11. MyTresor offers two types of accounts: Personal and Organization. Organization accounts are subject to additional Know Your Business (KYB) procedures during the registration process.

3.1. Account Registration: To use MyTresor's services, customers must first create an account on the MyTresor platform. By creating an account, customers agree to the Privacy Policy and these Terms of Service.

3.2. Know Your Customer (KYC) Process: After account creation, customers must complete the KYC process before they can deposit funds or engage in any transactions. MyTresor utilizes the services of Identity verification software, a third-party provider, for KYC and Anti-Money Laundering (AML) processes. Customers must provide all requested information and documents for identity verification. During the KYC process, customers must verify their payment methods:
IBAN for fiat currency operations (EUR)
Crypto wallet addresses for digital currency operations (USDT, ETH, BTC)

Additional payment methods can be added later through a separate verification process.

3.3. Account Types: MyTresor offers two types of accounts: Personal and Organization. Organization accounts are subject to additional Know Your Business (KYB) procedures during the registration process.

3.4. Upon successful KYC and payment method verification, customers may deposit funds through our payment provider in:
EUR (requires verified IBAN)
USDT, ETH, BTC (requires verified crypto wallet)

Deposits are processed only from verified payment methods. Each deposit requires a unique reference code provided by MyTresor.

3.5. Trading Process: Customers can initiate buy or sell orders for gold only after sufficient funds are available in their account. MyTresor offers various order types, including Instant, Sweep, Dynamic, Capped, Liquidate Partially, and Liquidate All. All transactions are processed in real-time, with the total cost (including fees) immediately deducted from the customer's chosen currency balance upon order execution.

3.6. Order Confirmation: A legally binding contract is formed only when an order is confirmed through the MyTresor online platform. No other form of confirmation (e.g., email, phone, fax) constitutes a valid contract.

3.7. Ownership and Storage: Upon successful purchase, the customer gains 100% ownership of the gold. Customers can choose to leave their gold in MyTresor's secure storage facilities managed by MyTresor vaulting service provider or request physical delivery.

3.8. Physical Delivery: If a customer opts for physical delivery, they must request this through the platform. Delivery is carried out by MyTresor vaulting service provider and is subject to additional fees and terms as specified in the delivery section of these Terms.

3.9. Trading Bot: MyTresor offers a Trading Bot feature that allows customers to set automated trading parameters. Use of this feature is subject to additional terms and fees as specified in the Trading Bot section of these Terms.

3.10. Selling Gold: Customers can sell their gold back to MyTresor at any time through the platform. The sale process is subject to the same terms as buying, with proceeds credited to the customer's account balance in a chosen currency.

3.11. Account Maintenance: Customers are responsible for maintaining the security of their account credentials. Any changes to personal information or contact details must be promptly updated through the platform.

3.12. Compliance: MyTresor reserves the right to refuse service, cancel orders, or close accounts if a customer is found to be in violation of these Terms, applicable laws, or MyTresor's AML policies.

3.13. Platform Availability: While MyTresor strives to maintain continuous platform availability, we do not guarantee uninterrupted access to our services. MyTresor is not liable for any losses incurred due to platform downtime or technical issues.

3.14. Ownership of Purchased Gold: Upon successful completion of a purchase transaction, the customer gains 100% ownership of the gold. MyTresor acts solely as a custodian for storage purposes. For more details on ownership rights and protections, please refer to section 11.16 of these Terms of Service.

3.15. Deposit and Initial Trading Requirements:

a) Upon depositing funds, customers have 2 business days to place their first purchase order

b) If no order is placed within 2 business days, funds will be returned minus transaction fees

c) For complex trading strategies (non-instant buy), orders must be fulfilled within 60 days

d) If order remains unfulfilled after 60 days, it will be cancelled and funds returned

e) New purchase orders reset the 60-day fulfillment period

f) For partially fulfilled orders, the 60-day settlement period applies to the entire order amount. If the order is not fully fulfilled within this period, the unfulfilled portion will be cancelled and any unused funds returned to the customer's account.

3.16 Deposit and Initial Trading Requirements

a) Two-Business-Day Rule for Initial Purchase
Upon depositing funds into your MyTresor account, you must place your first purchase order for gold within two (2) business days. If no purchase order is placed by the end of this period, MyTresor will automatically return the deposited funds to you, minus any applicable transaction or processing fees.

b) 60-Day Order Execution Window
Any open order or trading strategy you create (for example, a limit or Sweep order) must be fully executed within sixty (60) days. If it remains unfulfilled in whole or in part after sixty (60) days, MyTresor will cancel the unfilled portion and return any unused funds to your account, minus any applicable fees.

c) Reset of 60-Day Period
If you place a new purchase order at any time, the sixty (60) day window restarts for that order.

d) Partial Fulfillment
For partially filled orders, the 60-day execution window applies to the entire order amount. After sixty (60) days, any unfilled portion is canceled and any unused funds are returned to your account.

e) Leftover Deposits
If, after placing an order, you still have a remaining deposit in your MyTresor account (e.g., you deposited 100,000 EUR but ordered gold worth 90,000 EUR, leaving 10,000 EUR), you must either place another order or request a withdrawal of the leftover amount within two (2) business days. If you do neither, MyTresor reserves the right to return the leftover funds to you, minus any applicable fees.

f) No Banking Services
MyTresor is not a bank or financial institution. Funds deposited with MyTresor are strictly for the purpose of purchasing or selling gold and paying related fees. These rules help ensure that deposits are used for transactions rather than general storage of money.

3.17 Acting on Own Behalf
You represent and warrant that you are acting solely on your own behalf and for your own account, and not on behalf or for the benefit of any third party. MyTresor may, at its sole discretion, refuse to open or maintain any Customer account, or terminate an existing account, if it determines that you are acting as an intermediary or nominee for a third party or otherwise fail to comply with MyTresor's compliance policies.

3.18 Organization Account Invitations & Responsibilities

(a) Upon successful completion of the Know Your Business (KYB) procedures for an Organization account, the Organization’s authorized administrator(s) (“Org Admin”) may invite additional members (e.g., employees, contractors) to join the Organization account without each such member needing to undergo a separate KYC/KYB process.

(b) The Org Admin warrants that only current employees or authorized individuals of the Organization will receive invitations. The Organization assumes full liability for verifying each invited individual’s identity, employment status, and authority to act on behalf of the Organization.

(c) Any actions taken by invited members under the Organization’s account—including but not limited to deposits, purchases, sales, or withdrawals—shall be imputed to the Organization itself, and the Organization will be held fully responsible for all such actions.

(d) If MyTresor reasonably suspects that an invited member is not a bona fide employee or that the Organization has invited individuals in violation of this clause, MyTresor may, in its sole discretion, suspend or terminate the Organization account or take other measures consistent with these Terms.

(e) The Organization must immediately revoke access and notify MyTresor if an invited member’s employment or affiliation with the Organization is terminated or otherwise ends. The Organization remains liable for that member’s actions on the MyTresor platform until MyTresor has been notified and access has been revoked.

4.1. MyTresor offers the possibility to the Customer to keep/retain funds on their behalf in anticipation of future Orders. This MyTresor account can only be used as a deposit and payment system to settle transactions with MyTresor.

4.2. MyTresor uses a payment process provider. Every user will be able to transfer their funds to their wallet at the payment provider, which is automatically created for them during the creation of a MyTresor account and after the KYC process at MyTresor has been successfully completed.

4.3. MyTresor can only accept deposits on the Customer's MyTresor account made from a bank account or crypto wallet in the Customer's name. All possible banking fees associated with a deposit on the Customer's MyTresor account will be at the charge of the Customer. Transfers from mismatching accounts will be reversed; it may take more than twenty-five (25) Business Days for the funds to be returned to the Customer. The Customer must pay and has full responsibility and liability to MyTresor for all fees and costs associated with MyTresor's efforts to refund the payment from an account not in the Customer's name.

4.4. The Customer can consult the state of his/her MyTresor account deposit anytime on the Website.

4.5. The Customer cannot use his/her MyTresor account as a savings account, and any abuse will be sanctioned by the immediate closure of his/her account. The Customer agrees to have full responsibility and liability to MyTresor for any abusive use.

4.6 Currency Operations and Fees
a) Supported currencies:

• Fiat: EUR
• Cryptocurrencies: USDT, ETH, BTC

b) Currency conversion fee: 0.2% for all currency conversions

c) All gold trading is conducted in EUR (base currency)

d) Users must verify each payment method before use:

• IBAN verification for EUR operations
• Wallet verification for crypto operations

4.7 No Deposit Insurance; Limited Liability

You acknowledge that MyTresor is a bank, and any funds or digital assets (e.g., BTC, ETH, USDT) held with or transferred through MyTresor are not covered by deposit insurance or any comparable government program. Such assets remain your property, subject to these Terms. MyTresor shall not be liable for any hacking incidents, blockchain malfunctions, or other technical failures beyond its reasonable control, provided it has exercised appropriate due diligence and security measures.

4.8 Mandatory Reference Number for Deposits

(a) When making a fiat deposit to fund your MyTresor account, you must include the unique reference number provided by MyTresor as part of your payment instructions. This reference number helps MyTresor identify that the deposit belongs to you.
(b) Your deposit may be rejected or delayed if you fail to include the correct reference number, or if your verified IBAN does not match the account making the deposit. If a deposit cannot be matched to your account for these reasons, MyTresor reserves the right to return the funds (minus any applicable fees) to the originating bank account.
(c) You acknowledge and accept that any cost or delay resulting from missing or inaccurate reference numbers is your sole responsibility.

5.1. MyTresor exclusively offers investment-grade, LBMA-certified gold bullions for trading on its platform.

5.2. Available gold products range from 1 ounce to 1 kilogram bars.

5.3. MyTresor reserves the right to modify the range of available products based on market conditions and supply availability.

5.4. All gold products offered by MyTresor are sourced from LBMA-certified refineries, ensuring their quality and ethical sourcing. MyTresor is committed to responsible gold sourcing practices and complies with all relevant regulations and industry standards.

5.5 Variations in Gold Bars and Serial Numbers

While MyTresor exclusively offers LBMA-certified gold bars of a specified weight and purity, the exact serial number or brand marking on any bar delivered may differ from illustrations or references provided on the Website. MyTresor does not guarantee that you will receive a gold bar with any particular serial number or from a specific mint. No liability shall attach to MyTresor if you receive a gold bar differing in serial number from that advertised, so long as the delivered bar meets the stated weight, purity, and LBMA certification standards.

6.1. The price of Product(s) sold by MyTresor depends on the financial market's fluctuations.

6.2. All investments involve some level of risk. If the Customer is considering purchasing precious metals as an investment, he/she should assess the current market and contact his/her financial advisor for any advice. The Customer agrees that MyTresor does not provide any advice on the opportunity to invest into, disinvest from, or remain invested in, a particular precious metal.

6.3. The Customer further agrees that any transaction made with MyTresor and/or Order(s) placed on this online platform is at his/her own risk.

6.4 Market Volatility

You understand and accept that the price of gold and other supported assets can be highly volatile and may fluctuate rapidly. All transactions and investment decisions on the MyTresor platform are made at your own risk. MyTresor expressly disclaims liability for losses arising from price fluctuations or market instability.

7.1. Although MyTresor strives to inform the Customers in the most complete and diligent possible way, the photos, videos, and texts illustrating and describing the Products, as well as the state of the stocks mentioned on the Website, are not contractual and are provided for information only.

7.2. The prices shown on the online platform are denominated in a chosen currency: EUR, BTC, USDT or ETH. They do not include tax, shipping, payment, and other costs.

7.3. MyTresor indicates on the Website the countries to which shipping is possible and reserves the right to modify this list of countries at any time. If the Customer requires shipping to an unlisted country, he/she shall contact MyTresor's Customer Service for a cost estimate, if available.

7.4. Shipping fees are calculated and are payable per Order, where consolidated dispatch of multiple Orders as a single unit is not possible for technical reasons. MyTresor insures all of its Order(s) shipments to the Customer for the sale price of the (enclosed) Product purchased from MyTresor or, for Product(s) stored with MyTresor, for the metal value at the moment the delivery is requested.

7.5. MyTresor reserves the right to change prices, fees, and trading times or the assortment at any time, e.g., due to changed market conditions or costs. The changes will be announced in an appropriate manner and will be valid or come into effect upon announcement.

7.6. The only type of goods that users can buy and sell on MyTresor is investment grade, LBMA-certified, gold bullions, ranging from 1 ounce to 1 Kg.

7.7. Transportation of gold is executed by MyTresor vaulting service provider. Transportation costs are calculated based on factors including the total cost of the package, weight, and the destination point.

7.8. MyTresor ensures that all gold stored in MyTresor vaulting service provider vaults and all gold in transit during delivery or collection is fully insured based on its full value. For stored gold, this is based on the purchase value, while for gold in transit, it's based on the value at the moment of pick-up. For more details on insurance coverage, please refer to sections 12.1 and 11.16 of these Terms of Service.

MyTresor offers various trading options, including but not limited to:

1. Buy orders: Sweep (limit price), Dynamic (percentage-based), and Capped (combined percentage and fixed limit)
2. Sell orders: Sweep (limit price), Dynamic (percentage-based), Capped (combined percentage and fixed limit), Liquidate Partially, and Liquidate All
3. Automated trading via our Trading Bot feature, which includes customizable buy and sell limits, stop loss options, and multiple trade cycle settings
4. Instant Buy and Instant Sell options for immediate market price execution

Each trading strategy carries its own risks, and users are solely responsible for their trading decisions. MyTresor does not guarantee the success of any trading strategy and is not liable for any losses incurred. Users are encouraged to thoroughly understand each trading option before use. Detailed explanations of these strategies can be found in our User Guide.

8.1. All transactions on MyTresor are executed using funds already deposited in the customer's account. The customer must ensure sufficient funds are available before placing an order.

8.2. When a customer places a buy or sell order, the transaction price is locked in at the moment of order confirmation. This locked-in price is based on the current market price at the time of order confirmation.

8.3. Given the volatile nature of precious metals markets, prices may fluctuate rapidly. MyTresor is not responsible for any perceived losses due to market price changes between the time an order is placed and when it is executed.

8.4. In the event that an order cannot be executed due to insufficient funds, market conditions, or technical issues, MyTresor reserves the right to cancel the order. The customer will be notified of any such cancellation.

8.5. MyTresor may, at its discretion, impose limits on the size of orders that can be placed, particularly during times of high market volatility.

8.6. The customer acknowledges that using the Trading Bot or placing limit orders may result in transactions being executed at prices different from those observed when the order was initially set up. The customer accepts the risks associated with such automated or delayed executions.

8.7. MyTresor is not liable for any losses incurred due to market fluctuations, delayed order executions, or any other factors outside of MyTresor's direct control.

8.8 Contract Formation and Rejection of Orders

By placing any buy or sell Order on the MyTresor platform, you submit a binding request that MyTresor may accept or reject within forty-eight (48) hours. A legally binding contract only arises when MyTresor confirms the Order through the online platform or other written means. MyTresor reserves the right to reject Orders for any lawful reason, including but not limited to market volatility, compliance requirements, or operational constraints.

9.1. Deposits to MyTresor can be made in Euro (€) via wire transfer or through cryptocurrencies deposits (USDT BTC, ETH) via our payment provider.

9.2.Transaction Limitations

MyTresor applies risk-based transaction limits in accordance with our regulatory obligations:
For Individuals:
a) Single transaction and monthly turnover limits are assigned based on the customer's risk category
b) Limits are communicated to customers upon successful account verification
c) MyTresor reserves the right to adjust these limits based on risk assessment and regulatory requirements

For Legal Entities:
a) Customized transaction limits based on risk assessment and regulatory requirements
b) Limits are communicated upon successful completion of business verification

9.3. Purchases and sales of gold within the MyTresor platform are conducted in a currency chosen by a customer.

9.4. Customers must have sufficient funds in their MyTresor account before placing any orders. The full amount, including all applicable fees, is deducted from the customer's account balance immediately upon order execution.

9.5. MyTresor charges the following fees:
- Standard trading fee: 1% for manual buy/sell operations
- Auto-trade fee: 0.25% for automated trading operations
- Auto-trade users are exempt from storage fees
- Currency conversion fee: 0.2% for currency conversions
- SEPA deposits/withdrawals: €1.00
- International wire transfers: €25.00
- Target2 transfers: €11.00

MyTresor reserves the right to pass through any additional fees charged by payment providers or banking partners. In case of negative interest rates applied by central banks, MyTresor may charge balance fees at wholesale cost plus 0.2%.

9.6. If a customer's account balance becomes insufficient due to currency fluctuations or any other reason, MyTresor reserves the right to cancel any pending orders.

9.7. MyTresor does not issue invoices as all transactions are pre-funded and processed in real-time.

9.8. Any offsetting by the customer against claims or demands of MyTresor is excluded unless these have been legally established or acknowledged in writing by MyTresor.

9.9. MyTresor does not accept cash transactions for any of its services. All payments must be made through approved electronic methods as described in these Terms of Service.

9.10. Multi-Currency Trading a) Users may buy gold in any verified currency they have deposited. b) Sales proceeds can be received in any supported currency. c) Withdrawal requests require prior verification of the receiving payment method. d) Currency conversions for trades between different currencies incur a 0.2% conversion fee.

10.1. MyTresor offers a Trading Bot feature that allows users to set automated trading parameters for buying and selling gold.

10.2. Users can activate the Trading Bot with a simple ask-and-bid combination and set their own rules using Limit prices, independent of the spot price.

10.3. Users can also set a Stop Loss price to safeguard their investments. When the market reaches the defined limits, the sale happens automatically.

10.4. The use of the Trading Bot is subject to a 0.25% commission on both buy and sell transactions executed by the bot.

10.5. Users are responsible for setting and monitoring their Trading Bot parameters. MyTresor is not liable for any losses incurred due to the operation of the Trading Bot based on user-defined settings.

10.6. The use of the Trading Bot involves significant risks. Market conditions can change rapidly, and the Bot may not always perform as expected. Users may incur substantial financial losses when using the Trading Bot.

10.7. MyTresor does not guarantee the performance or profitability of the Trading Bot. Users are strongly advised to thoroughly understand the Bot's operation and carefully consider their financial situation and risk tolerance before using this feature.

10.8 Risk Disclosures a) Trading Bot carries significant risks including potential financial losses b) Market conditions can change rapidly and orders may execute at different prices than expected c) Past performance does not guarantee future results
d) Users are solely responsible for:

• Setting and monitoring trading parameters
• Any losses incurred through automated trading
• Ensuring sufficient funds for continued operation

11.1. MyTresor offers its customers storage of precious metals purchased from MyTresor in MyTresor vaulting service provider vault facilities located in Zurich, Switzerland. In principle, storage takes place within the framework of collective custody. The customer agrees to collective custody by type at the latest by using the storage. The minimum storage value of precious metals within the framework of collective custody is CHF 10,000 (Swiss Francs ten thousand) or the respective equivalent in other supported currencies.

11.2. MyTresor guarantees that Product(s) owned by the Customer are physically stored in MyTresor's dedicated and segregated vaults. The Customer retains the full title of his/her Products stored with MyTresor.

11.3. MyTresor is a private Swiss company with all its assets held outside of the banking system. When stored in the secure Swiss locations operated by MyTresor's service provider, Product(s) are insured based on current market values and protected against physical loss, theft, and/or damage.

11.4. Through his/her personal online MyTresor account, the Customer can ask for the delivery of his/her Product(s), or sell to MyTresor all or some of his/her Product(s), at any time. The Customer has online access to his/her Customer account that shows the status of his/her Product(s).

11.5. When the Customer wishes to ship Product(s) held in Storage, he/she is subject to the shipping costs in effect. All costs related to the shipping of the stored Products, duties, and/or taxes are exclusively for the account of the Customer.

11.6. The products purchased and stored with MyTresor are VAT-free or with a 0% VAT rate.

11.7. MyTresor shall not deliver stored Product(s) to the Customer until reception of the shipping costs.

11.8. Storage Fee Management

• Storage fees are charged at 0.5% per annum of total gold current value (price per g of gold multiplied by the amount of grams that the customer has in the vaults), calculated and deducted daily
• All storage balance and fee calculations are conducted in EUR
• When transferring funds to/from storage balance from cryptocurrency wallets (BTC, ETH, USDT), a 0.2% currency conversion fee applies
• Users can only top up storage balance to cover estimated annual storage fees
• Maximum storage balance allowed equals 0.5% of current gold holdings value
• Auto-trade users are exempt from storage fees

In line with MyTresor’s status as a non-banking institution, you may not deposit or maintain more funds in your storage balance than the estimated amount required to cover your gold’s storage fees for one (1) year. If at any time MyTresor determines that the funds in your storage balance materially exceed the amount needed to pay one year’s estimated storage fees, MyTresor may return the excess to your main MyTresor account or request that you withdraw the surplus.

11.9 Storage Balance Requirements

• After selling all gold holdings, storage balance must be withdrawn within 60 days
• Insufficient storage balance blocks gold withdrawal capability
• Outstanding storage fees are automatically deducted from gold sale proceeds

11.10. If the customer's storage account is approaching zero, they can add money to it through transfer from their MyTresor wallet or using a credit card.

11.11. The customer agrees to pay the fees and hereby authorizes MyTresor to automatically charge the Storage fees as described above. Such fees shall be paid in full by the Customer. If the Products are sold to MyTresor or shipped under the Customer's request, the Storage fees shall be calculated on a pro-rata basis until the Products are effectively sold and/or shipped.

11.12. Important notice: A Customer account will be considered inactive after presenting no login attempts from the Customer for a period exceeding three (3) years from the last login, and after MyTresor has made clear and significant yet unsuccessful attempts to reach the Customer. In the event of a Customer account with existing Stored Product(s) becoming inactive, MyTresor reserves the right to sell the Product(s), charging administrative fees of three hundred Swiss Francs (CHF300.00), at the Customer's risk. Within 360 days from the sale, the Customer shall be entitled to request the reimbursement of the net result of the sale. MyTresor's rights, and particularly any offset rights, remain unaffected.

11.13. For the conditions of storage (including the form of storage, the remuneration for safekeeping/storage, the storable precious metals, minimum value or storage quantities, method of payment as well as the withdrawal of precious metals, etc.), the current "Regulations for Safekeeping - Conditions for the Storage of Precious Metals" applies.

11.14. Storage Balance Notifications
a) MyTresor will notify users when their storage balance falls below estimated costs for:
- 2 months of storage
- 1 month of storage
- 1 week of storage
- Daily notifications thereafter

b) If the user's storage balance is approaching zero and the user hasn't transferred money to their account:
- If the user has sufficient funds in their fiat or crypto MyTresor account, we will automatically transfer an amount sufficient to cover at least 1 month of storage fees to their storage balance.

11.15 Negative Balance Prevention
a) Gold withdrawals blocked if storage balance insufficient
b) Outstanding fees automatically deducted from gold sale proceeds

11.16. Insurance of Stored Gold: All gold stored in MyTresor vaulting service provider vaults on behalf of MyTresor customers is insured to its full value at the time of purchase. This insurance coverage provides protection against physical loss, damage, or theft while the gold is in storage. However, please note that this insurance does not cover any potential market value fluctuations of the gold. The specific terms and conditions of the insurance policy are available upon request. In the event of any claim, the settlement will be based on the purchase value of the gold, not its current market value.

All gold in transit during delivery or collection, is insured to its full value. For gold in transit, it's based on the value at the moment of pick-up. This insurance coverage provides protection against physical loss, damage, or theft while the gold is in storage or transit.

11.17. Customer Ownership and Bankruptcy Protection: Upon completion of a purchase transaction, the gold becomes the 100% property of the customer, with MyTresor acting solely as a custodian. MyTresor maintains detailed records of each customer's gold holdings, which are stored separately from MyTresor's own assets. In the event of MyTresor's insolvency, liquidation, or bankruptcy, the customer's gold holdings are not considered part of MyTresor's assets. Customers retain full ownership rights to their gold stored in MyTresor vaulting service provider vaults and can claim their specific holdings directly from MyTresor vaulting service provider, independent of MyTresor's financial status. This arrangement ensures that customer assets are protected and separable in case of any financial difficulties faced by MyTresor.

11.18 Use of Third-Party Service Providers

MyTresor engages third-party service providers, for storage, for payment processing, and for identity verification. MyTresor is responsible only for the careful selection and proper instructions given to these providers. MyTresor disclaims any liability for losses or damages arising from the negligence, misconduct, insolvency, or other actions of these third parties that are outside MyTresor’s direct control, provided MyTresor has exercised due care in their selection and oversight

12.1. The delivery and storage of goods are handled exclusively by MyTresor vaulting service provider, our secure logistics partner. All goods deliveries and stored goods are 100% insured to their full value. The processes are as follows:

a) For deliveries (Withdraw gold):
The customer selects "Withdraw gold" on the MyTresor online platform
Physical delivery can only be made to the customer's verified residential address provided during the KYC process
The goods are then collected by MyTresor vaulting service provider from our vaults and delivered to the customer's verified address

b) For storage: Customers can choose to leave their purchased gold in MyTresor vaulting service provider vaults. The gold remains fully insured and the customer retains full ownership, with MyTresor acting solely as a custodian.

12.2. The delivery (sale) or collection of the goods (purchase) takes place after consultation with MyTresor at an individually communicated time/date to the (delivery) address specified by the customer. The customer acknowledges and accepts that delivery or collection of the goods may extend/be delayed up to 30 days after payment of the purchase price (sale) or after MyTresor's declaration of acceptance of the sales offer (purchase) due to market conditions.

12.3. MyTresor is entitled to make partial deliveries and partial services at any time, unless partial delivery or partial service has been contractually excluded.

12.4. Benefit and Risk Transfer:

a) For Purchases: The benefit and risk (i.e., risk of accidental loss or accidental deterioration of the item) pass to the customer immediately when the purchase is completed and the gold is allocated to the customer's holdings in the MyTresor system. This allocation occurs instantly upon successful deduction of funds from the customer's account balance.

b) For Deliveries: When a customer requests physical delivery of their gold, MyTresor vaulting service provider, our secure logistics partner, handles the process. All gold in transit during delivery is insured for its full value at the moment of pick-up from our vaults. The risk transfers to the customer upon successful delivery to the address specified by the customer.

c) For Storage: While the gold is stored in MyTresor vaulting service provider vaults, it remains fully insured to its value at the time of purchase. The customer retains ownership and benefit of the stored gold, with MyTresor acting solely as a custodian.

d) For Sales: When a customer sells their gold back to MyTresor, the benefit and risk transfer to MyTresor upon confirmation of the sale transaction in the online platform. The corresponding funds are then credited to the customer's account balance. All gold transactions, whether for purchase, storage, delivery, or sale, are processed exclusively through the MyTresor online platform. No physical handling of gold by customers occurs at any point in these processes.

12.5. The delivery of goods to the customer is carried out to the address specified by the customer. The customer must confirm receipt of the delivery of the goods. The dispatch to post office boxes or deposit at packing stations is excluded. The delivery address must be a house or company address where direct handover to a person is possible. It is not possible to set an exact delivery time within the delivery time frame. The customer or their authorized representative must be present at the delivery address all day on the day of delivery, as an exact delivery time is not agreed for security reasons.

12.6. The shipping and logistics costs for delivery (sale) or collection (purchase) including insurances, packaging, taxes, duties, fees, customs duties, etc. are borne by the customer, they bear these. Shipping and logistics options and the associated costs are published on the MyTresor homepage (see under mytresor.com/infothek/versand).

12.7. If a performance disruption occurs with regard to delivery/collection (non-performance, late performance, poor performance, violation of ancillary performance and due diligence obligations, etc.) and this is based on an extraordinary market situation, bottlenecks in the international raw materials markets or on force majeure or other events not foreseeable at the time of conclusion of the contract (and/or culpably unknown at the time of conclusion of the contract) (see clause 24.3 below), MyTresor is suspended from the contractual performance obligations, the agreed performance time is extended by the duration of the disruption. MyTresor will inform customers of this immediately after becoming aware of it. Regardless of this, MyTresor is entitled to withdraw from the contract (also partially) at any time.

12.8. All Product(s) shipped by MyTresor are insured during their delivery. The risk transfers to the Customer as soon as the delivery is deemed complete. The shipping insurance is to be paid by the Customer during the order process and is calculated as a percentage of the product value for the related order.

12.9. The Customer may be subject to taxes and/or duties for his/her delivery Order(s) of Product(s) from MyTresor. The Customer shall consult his/her local customs for more information on duty and tax rates. MyTresor always declares the full value of the shipment on any customs form. There are no exceptions to this rule. All duties and taxes must be paid by the Customer at the latest on delivery of the Product(s). MyTresor shall not be held responsible for the payment of any duties and/or taxes that are the Customer's exclusive responsibility.

12.10. Important notice: The Customer must refuse any shipment which appears to be damaged or tampered with as the shipping insurance ends once the delivery is deemed complete. When refused, the package(s) will return to MyTresor for inspection. Customers must immediately submit a complaint by email to the MyTresor Customer Service to preserve any associated rights against the shipper/carrier.

12.11. If there is any disruption in the delivery of Product(s), the Customer agrees to cooperate with MyTresor in any investigation or claim process and to take every reasonable action requested of him/her in the process. Failure to fully cooperate will jeopardize coverage that may be provided to the Customer.

12.12 Funds Withdrawal Processing
a) Processing times:
- Fiat withdrawals: 3-5 business days
- Cryptocurrency withdrawals: up to 1 business day

13.1. The handling of defects in the goods (i.e. deviation of the delivered actual condition from the contractual target condition) as well as the customer's rights in the event of defects are determined according to the statutory provisions, unless otherwise specified below.

13.2. The customer must inspect the goods or the condition of the goods immediately upon receipt (i.e. upon handover for self-collection or upon delivery for shipping). If goods are handed over/delivered with obvious damage to the packaging or to the content/goods themselves, the customer must immediately complain about this to the person handing over/delivering, without prejudice to any defect rights, and in the case of delivery by shipping, refuse to accept them. The customer is also obliged to have a damage confirmation report issued by the person handing over/delivering. In the case of shipping, the customer must also immediately report/complain about all transport damage to MyTresor. Furthermore, it is the customer's responsibility to inspect the ordered goods immediately upon receipt. MyTresor must be notified of any defects or deviations from the order on the day of delivery either by telephone or by email at info@mytresor.com and the defect must be reported. Thereafter, the customer can only assert hidden defects, which must be reported to MyTresor immediately after discovery. A delayed, missed or incorrect inspection or complaint about defects will be considered as approval by the customer, which leads to the loss of the customer's rights (Art. 201 OR).

13.3. The customer's claims for defects do not exist in the case of only insignificant deviation of the goods from the agreed quality or in the case of only insignificant impairment of the usability of the goods.

13.4. The customer bears the burden of proof for (i) the defectiveness at the time of the transfer of risk, for (ii) the material defect itself, (iii) the time of detection of the defect and for (iv) the timeliness of their complaint.

13.5. Warranty claims for material defects expire one year after handover/delivery of the goods (also for hidden defects). Any assurance of a characteristic does not imply an extension of the limitation period.

13.6. No guarantee declaration or assurance of a characteristic of the goods by MyTresor is associated with descriptions of the characteristics of the goods - among other things in the context of preliminary discussions and information as well as in brochures or advertising claims.

13.7. The acceptance of goods submitted for sale by customers by MyTresor is subject to the reservation (or the declaration of acceptance under the suspensive condition) of the positive examination of the goods in particular for authenticity, correctness, completeness and suitability/reusability (see 3.6 above or consequences 9.8). Defects discovered by MyTresor will be reported immediately after discovery. In this respect, the customer waives the objection of a delayed notice of defects.

13.8. In the case of legal defects in relation to purchased goods, the customer indemnifies MyTresor from any existing claims of third parties, i.e. they hold MyTresor fully harmless and indemnified.

13.9. If MyTresor incurs costs as a result of defective goods in a purchase transaction, in particular transport, labor and material costs or costs for an incoming inspection exceeding the usual scope, the customer shall bear these costs.

After Delivery, no return or exchange will be accepted unless expressly accepted in writing by MyTresor. If MyTresor agrees to do so, such exchange must be made within seven (7) Working Days from the date the Customer receives confirmation that the return is accepted. After this time, the return will be automatically refused. The return must be made using the original packaging, against signature. The Customer is responsible for the risk of loss during the return shipment and for all the costs related to the return.

15.1. MyTresor remains the owner of the goods until it has received the customer's payment(s) in full according to the contract/invoice. The customer is obliged to cooperate in measures necessary to protect MyTresor's property; in particular, by concluding the contract, they authorize MyTresor to make the entry and advance notice of the retention of title in public registers, books or the like in accordance with the relevant national laws at the customer's expense and to fulfill all related formalities.

15.2. Until payment of the purchase price including all claims (such as shipping costs, etc.) that MyTresor is entitled to against the customer now or in the future, MyTresor must be granted securities. These will be released at MyTresor's discretion insofar as their value sustainably exceeds the claims by more than 20%.

15.3. Processing and modification of the goods are carried out for MyTresor, without obligation for MyTresor. The customer is obliged to notify MyTresor immediately in writing of the processing or modification of the goods. If MyTresor's (co-)ownership expires due to combination or modification/processing, it is agreed that the customer's rights to the unified item pass to MyTresor in terms of value. The customer stores MyTresor's rights (e.g. share of ownership) free of charge. MyTresor has a complete right of retention of title to the goods thus created.

15.4. In the event of access by third parties to the goods encumbered with a right of retention of title in favor of MyTresor, the customer will point out this retention of title and immediately notify MyTresor so that it can enforce the retention of title. All costs incurred by MyTresor as a result of this must be reimbursed by the customer to MyTresor.

15.5. Any retention of title by the customer to the purchased goods is only binding for MyTresor if it has been explicitly agreed in writing with MyTresor outside of any terms and conditions of the customer, i.e. has been accepted in writing by MyTresor.

15.6. Upon successful completion of a purchase transaction, the customer gains immediate and full ownership of the gold, with MyTresor acting solely as a custodian for storage purposes.

15.7 Right of Lien and Set-Off

MyTresor shall have, and you hereby grant, a general and continuing lien on, and right of set-off against, any gold, funds, or other assets MyTresor holds on your behalf. If you fail to pay any fees, charges, or other sums owed to MyTresor, MyTresor may, without further notice, liquidate all or a portion of your stored gold or other assets and apply the proceeds to satisfy your outstanding obligations.

16.1. The customer acknowledges that MyTresor qualifies as a "financial intermediary" according to the Swiss Anti-Money Laundering Act ("AMLA", SR 955.0) and is subject to its relevant provisions. In this context, MyTresor is affiliated with a self-regulatory organization (SRO) VQF and is subject to further regulatory requirements.

16.2. This leads to MyTresor's observance and fulfillment of legal and regulatory (due diligence) obligations (including the "Know Your Customer, KYC" principle for the prevention of money laundering), which include, among other things, the identification of customers (and, if applicable, the opener of a business relationship), determination of the beneficial owner, the controlling person, further clarification obligations, documentation obligations, etc., as well as an obligation to report and take further measures in case of suspicion of money laundering.

16.3. The customer is obliged and ensures compliance with or observance of all legal and regulatory regulations/provisions applicable to them in connection with the business relationship with MyTresor and the underlying assets.

16.4. The customer is solely responsible and ensures that they have complied with or fulfilled their possible reporting, declaration, tax and duty obligations, etc., which may arise for them in connection with income and the possession/ownership or their beneficial ownership of assets under certain circumstances, towards authorities, tax offices, companies and stock exchanges, etc., or which affect them, and will also comply with and fulfill them in the future.

16.5. In particular, the customer assures that all assets brought into MyTresor in the context of the business relationship (trading, storage, etc.) and to be brought in in the future (subsequent transactions) do not originate from criminal actions or illegal sources, in particular in the case of a sale of goods to MyTresor - if necessary - for example, all obligations have been fulfilled by the customer, in particular the import declaration for precious metals into Switzerland has been fulfilled/executed, and income/assets are properly declared and taxed at the customer's personal tax domicile or will continue to be declared and taxed in the future.

16.6. MyTresor has neither a duty to cooperate nor a duty to provide information regarding the above.

16.7. For Know Your Customer (KYC) and Anti-Money Laundering (AML) processes, MyTresor utilizes the services of Identity verification software, a third-party provider. After initial account creation, where we collect only your email, password, and name, Identity verification software may collect additional information including your address, ID documents, selfie, and other relevant data for identity verification purposes. For more information on how Identity verification software handles your data, please refer to their privacy notice: https://sumsub.com/privacy-notice-service/

16.8. For organization accounts, additional Know Your Business (KYB) procedures will be conducted during the registration process.

16.9 Restricted Jurisdictions and Sanctions

MyTresor reserves the right to refuse or discontinue Services, cancel Orders, or close accounts if you (i) reside in, are a citizen of, or are located in a jurisdiction subject to Swiss, EU, UN, or US sanctions or embargoes, or (ii) appear on any sanctions list maintained by Swiss, EU, UN, or US authorities. In such cases, MyTresor may request additional information or documentation to ensure compliance with all applicable laws and regulations.

17.1. The management of MyTresor makes it a priority to comply with high anti-money laundering standards and combat terrorism financing practices.

17.2. MyTresor applies rigorously the following regulations designated to prevent money laundering in Switzerland:

• Art. 305 bis and art 305 ter of the Swiss Penal Code
• Federal Act on combating Money Laundering (AML)
• Anti Money Laundering Ordinance (AMLO)
• Ordinance on Combating Money Laundering and Terrorist Financing in banking precious metals trading (FOCBS-AMLO)

17.3. For the above-mentioned purpose, the Customer must supply and disclose to MyTresor the personal information needed for identification purposes if the Customer wishes to create, continue, or carry out the business relationship or a particular transaction. The Customer, as MyTresor's contractual partner, is subject to a legal obligation to cooperate with MyTresor; when necessary, the Customer must provide MyTresor with the information and documentation necessary for identification purposes. All changes in the Customer's personal situation must be notified to MyTresor as soon as possible.

17.4. In all cases, MyTresor requires from the Customer his/her name, first name, address, nationality, date of birth, and to confirm his/her email address. MyTresor always matches the contracting partner's name between the given information and the credit card/bank payment details.

17.5. Providing false, inaccurate, or misleading information during the KYC process or at any point during the business relationship with MyTresor is strictly prohibited. If MyTresor discovers that a customer has provided false information, MyTresor reserves the right to immediately terminate the business relationship, freeze any assets held by MyTresor, and report the incident to relevant authorities. The customer may also be held liable for any damages or legal consequences resulting from the provision of false information.

17.6 Anti-Money Laundering Compliance

MyTresor maintains a comprehensive Anti-Money Laundering and Counter Terrorism Financing (AML/CTF) Policy in accordance with Swiss regulations and international standards. All users must comply with this policy, which includes:

• Service availability limitations by jurisdiction
• Transaction monitoring and limits
• Enhanced due diligence requirements
• Reporting obligations

Upon account creation and before any transaction, MyTresor will verify whether services can be provided in your jurisdiction. MyTresor reserves the right to refuse or terminate service to any user based on AML/CTF compliance requirements. For specific questions about service availability in your jurisdiction, please contact our customer support.

18.1. A proper business relationship (entry/execution) requires that the customer immediately truthfully, completely and correctly communicates all information required for this as well as legally and/or regulatorily necessary information as well as changes to the same to MyTresor.

18.2. The customer accordingly assures that all information provided by them when contacting MyTresor, when ordering or registering on the online platform, as well as any further data/information (such as name, first name, residence/registered office/address, date of birth, place of birth, nationality, occupation, email address, bank details, proof of origin of assets, information on the beneficial owner, controlling person status, tax domicile, contact and correspondence details, etc.) requested by MyTresor in this context (if applicable) are truthful, complete, correct and current or valid.

18.3. The customer must keep this data/information up to date and valid. The customer must immediately notify MyTresor in writing of changes to this data/information as well as the revocation of granted powers of attorney and/or representation/signing authorities.

18.4. Furthermore, the customer acknowledges and accepts that declarations made by them must allow their content to be recognized comprehensively and unambiguously (clarity of order). Declarations deviating from this can lead to delays at the customer's expense or - if immediate clarification is not possible - to partial or complete rejection.

18.5. The contract language is English. MyTresor is generally entitled to reject required foreign language documents and documents and to refuse actions until the customer observes the required form (e.g. a certified translation in German is submitted, if necessary with an apostille). The same applies to declarations that are subject to certain formal requirements.

19.1. MyTresor pays attention to customary care in digital appearances (e.g. when displaying information on the website or in the MyTresor online platform). Any further warranty and, notwithstanding this, liability for topicality, correctness and completeness of the appearance/information is fully excluded. The displayed information and messages are considered preliminary and non-binding, unless certain information is expressly designated as binding within the framework of a function.

19.2. For technical reasons or due to maintenance, MyTresor cannot guarantee access to digital appearances (e.g. to the website or MyTresor online platform) at any time without interference and uninterrupted.

19.3. If the customer contacts MyTresor via email or provides MyTresor with their email address, they simultaneously agree that MyTresor can also contact them via email.

19.4. The customer acknowledges and is aware that when using digital channels, it cannot be ruled out or there is generally always the possibility that unauthorized third parties can gain unnoticed access to their IT system. It is therefore the sole responsibility of the customer to inform themselves exactly about the usual security precautions or protective measures required for their individual situation and to comply with them.

19.5. The customer ensures in their actions/dealings with MyTresor, especially when placing orders, that they observe all precautionary measures that reduce the risk of fraudulent actions. If the customer notices irregularities, they will inform MyTresor immediately. Damages incurred by the customer themselves as well as MyTresor that are based on a non-observance or violation of these minimum protective measures or duties of care by the customer are borne exclusively by the customer.

19.6. MyTresor offers enhanced security through Google Authenticator integration. Users are encouraged to enable this two-factor authentication method for additional account protection.

19.7. If a user changes the phone number linked to their account for two-factor authentication, for security reasons, any withdrawal of gold or fiat will be frozen for 24 hours. This measure allows users to contact our support and prevent potential fraud in case they did not request the change.

20.1. MyTresor provides a notification system to keep users informed about account activities and market events.

20.2. Users can customize their notification preferences for both on-page display and email delivery.

20.3. Notifications may include, but are not limited to, trade confirmations, deposit and withdrawal updates, Trading Bot activities, and system messages.

20.4. While MyTresor strives to deliver notifications in a timely manner, users should not rely solely on notifications for critical account information or market data.

20.5. Users are responsible for regularly checking and reading notifications sent by MyTresor. Failure to read or act upon notifications does not absolve the user of any obligations or consequences outlined in said notifications. MyTresor is not responsible for any losses or missed opportunities resulting from a user's failure to check notifications in a timely manner.

21.1. MyTresor offers enhanced account security through Google Authenticator integration. Users are strongly encouraged to enable this two-factor authentication method.

21.2. If a user changes the phone number linked to their account for two-factor authentication, any withdrawal of gold or fiat will be frozen for 24 hours as a security measure.

21.3. During this 24-hour period, users can contact MyTresor support to verify the change or report unauthorized access attempts.

21.4. Users are responsible for maintaining the security of their account credentials and should not share them with third parties.

21.5. In the event of a lost or compromised account, users must immediately contact MyTresor's customer support. Account recovery procedures may include identity verification steps similar to the initial KYC process.

21.6. MyTresor reserves the right to temporarily suspend access to an account if suspicious activity is detected, pending verification of the account holder's identity.

22.1. MyTresor is subject to data protection requirements/provisions and processes and uses personal data of customers only within the framework of the same. In any case, the legal and/or supervisory/official information or reporting obligations of MyTresor apply. The customer agrees that customer data may be disclosed by MyTresor to fulfill legal or regulatory information obligations and to safeguard legitimate interests.

22.2. Further information on the handling/processing of personal data and what influence options or rights a customer has in this regard can be found in the separate privacy policy and data protection notices of MyTresor. These apply and (their possible updates) can be viewed/retrieved and printed out at any time via the MyTresor website: mytresor.com/privacy.

22.3. To be able to use services proposed by MyTresor and place Orders on the Website in particular, the Customer has to create an account that he/she can modify or delete at any time. Were the Customer to delete his/her account, MyTresor will only keep, for legal reasons, an anonymized copy of the Customer's data. Personal information has to be given with exactitude. Without these pieces of information, MyTresor cannot treat any Orders or transactions.

22.4. Any personal information registered on the Website (address, purchases) is treated in the strictest confidence.

22.5. At any time, the Customer can modify or delete his/her personal data on the Website (address, purchases, etc.) under "Profile" and "Address."

22.6. Credit Card information is never in MyTresor's possession, any transaction being directly conducted in a secured manner by our payment partners. Bank information provided by the Customer for wire transfer payments and funds withdrawals is stored on MyTresor's servers and used solely for the aforementioned purposes.

22.7. The Website uses permanent cookies. The latter simply provides Customer transactions registration and aims to facilitate their upcoming visits on the Website or future Orders and adapt the offer to their preferences. It is possible to authorize cookies in the security parameters of the web browser in use.

22.8. MyTresor uses the web user's data via Google Analytics in an anonymous way in order to obtain analysis concerning the usage of the Website. Google Analytics solely provides MyTresor internal market surveys to adapt the Website's organization to the Customers' needs.

22.9. MyTresor does not communicate data related to its Customer base, the only exception being its service providers having to assist in the execution of online sales or to accomplish statistical analysis. This information remains strictly available to each of these auxiliary services to perform the tasks entrusted by MyTresor (treatment of Orders or payments, shipping, credit investigation, or statistical analysis). These service providers are themselves subject to the legislation on the protection of personal data.

22.10. MyTresor provides users with a detailed Gold Balance Overview, accessible through their account. This overview includes information on current holdings, profit/loss analysis, and detailed information on each gold bar owned by the user.

23.1. The customer acknowledges that MyTresor is entitled, but not obliged, to monitor the business premises (i.e. including the counter hall, access to the safe deposit box facility, etc.) with image recording systems for protection/security reasons and for the purpose of clarifying any criminal offenses and to store the recordings for a limited period of time.

24.1. MyTresor is only liable for damages caused intentionally or through gross negligence. The burden of proof for damage as well as fault lies with the customer.

24.2. The liability of MyTresor is excluded insofar as the provisions of the Swiss Code of Obligations (OR) or other legal provisions allow an exclusion. Accordingly, the liability of MyTresor for slight or medium negligence is excluded. Claims from product liability as well as for damages resulting from injury to life, body or health remain reserved.

24.3. Force Majeure / Exclusion of Liability
MyTresor is not liable for:

(i) Disruptions of performance of any kind (i.e. non-performance, late performance, poor performance, violation of ancillary performance and due diligence obligations concerning: 1. Purchase/sale, 2. Storage/safekeeping, 3. Release, delivery/shipping/collection/inspection, etc.) as well as

(ii) economic and/or legal disadvantages and/or damages,

insofar as these have been caused by force majeure or by other events unforeseeable at the time of conclusion of the contract (and/or culpably unknown at the time of conclusion of the contract) for which MyTresor is not responsible (e.g. but not exhaustively: mobilization, war, invasion, civil war, revolution, riot, terrorism, hacker/cyber attacks, natural forces, epidemics, pandemics and other diseases or germs, natural disasters, floods, fire damage, operational disruptions, energy procurement, nuclear accident, failure or restrictions of IT or telecommunication facilities or networks, sovereign interventions, official measures at home or abroad, seizure, confiscation, blockade, embargo, sabotage, hostage-taking, strikes and lawful lockouts, material shortages, traffic disruptions, etc.).

24.4. For any liability of MyTresor that may arise, the following applies:

(i) For direct or immediate damages, MyTresor is only liable to a limited extent for the foreseeable, typically occurring damage, up to a maximum of the value of the consideration/goods value (according to the invoice) in Swiss Francs (CHF)
(ii) Liability of MyTresor for indirect or consequential damages or special damages is excluded (such as - in a non-exhaustive list - for damages due to loss of use, turnover or lost profit or other income, capital costs, interest, product damages or costs for the acquisition of substituting goods, loss of orders, increased expenses or business interruptions, etc.), unless they were caused by MyTresor intentionally or through gross negligence. For any liability, the maximum liability limitation mentioned in 24.4 (i) also applies.

24.5. The liability for auxiliary persons according to Art. 101 of the Swiss Code of Obligations (OR) is completely/fully excluded. If the person renouncing is in the service of the other party, liability for slight negligence is waived.

24.6. All above liability limitations and liability exclusions apply equally to contractual as well as non-contractual or quasi-contractual claims. All above liability exclusions and limitations also apply in favor of the employees, staff, representatives, organs, vicarious agents and auxiliary persons of MyTresor or other third parties used by MyTresor for contract fulfillment.

24.7. The customer is solely responsible for maintaining the confidentiality of their account credentials and for any and all activities that occur under their account. The customer agrees to immediately notify MyTresor of any unauthorized use of their account or any other breach of security. MyTresor will not be liable for any loss or damage arising from the customer's failure to comply with this security obligation.

24.8 Indemnification
You agree to indemnify, defend, and hold harmless MyTresor, its affiliates, directors, officers, employees, and agents from and against any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your breach of these Terms; (ii) your misuse or improper use of the MyTresor platform; or (iii) your violation of any applicable law or regulation. This indemnification obligation shall survive any termination of these Terms.

24.9 Temporary Suspension of Services
MyTresor may, at its sole discretion, temporarily suspend or restrict access to its platform or any of its Services in the event of significant market disruptions, extreme volatility, hardware or software failures, or other operational or regulatory issues. While MyTresor will use reasonable efforts to provide prior notice where practicable, MyTresor shall not be liable for any losses or damages claimed to result from such suspension or restriction of Services.

25.1. MyTresor reserves the right at any time to determine the identity of a customer or to check the authenticity of signatures on documents or other written materials using suitable identification papers or other procedures for identifying customers.

25.2. After the death of a customer, MyTresor may require the presentation of a death certificate, a certificate of inheritance or a similar official/court certificate in the original or certified copy to clarify the (legal) entitlement of persons appearing. Foreign language documents must be submitted with a German translation (notarized, if necessary with an apostille) at MyTresor's request.

25.3. MyTresor reserves the right not to carry out requested measures, actions or the entry into or execution of legal transactions until sufficient legitimation of the person(s) appearing has been provided. Any claims of any nature whatsoever are excluded.

25.4. If foreign documents are presented to MyTresor as proof of identity or proof of entitlement, it reserves the right, notwithstanding the requirements of the preceding paragraph, to check whether these documents are suitable for proof or whether further evidence must be provided (regarding foreign languages/translations, 15.2 also applies).

25.5. MyTresor is entitled to regard the person(s) identified in the certificate of inheritance as heir(s) or as authorized person(s) also as (individually) authorized to dispose and to pay to them with discharging effect. Any claims of any nature whatsoever are excluded.

26.1. The Customer undertakes to notify MyTresor of any change in name, address, e-mail address, and bank details by updating it in their customer profile on the MyTresor platform. In exceptional cases, changes may be made over the phone after rigorous identity verification.

26.2. Any notification or communication from MyTresor shall be deemed received at the time of delivery or transmission if delivered through the MyTresor platform, by email, or by registered post or courier to the last physical or email address provided by the Customer in their MyTresor profile.

26.3. The Customer is responsible for ensuring that their contact information in their MyTresor profile is always current and accurate. MyTresor is not responsible for any consequences resulting from the Customer's failure to receive communications due to outdated or incorrect contact information.

In case of succession, MyTresor relies solely on Swiss law to establish the conformity of the documents. The steps to obtain additional documents are at the expense of the Customer if the documents are not deemed sufficient by MyTresor. In addition, an administrative fee of CHF200/hour (two hundred swiss francs per hour) may be charged to the Customer for additional compliance costs or for inheritance procedures.

28.1. All copyrights, trademarks, and other intellectual property rights on the MyTresor Website and any web pages, documents, advertising, or any additional support shall remain at all times the sole and exclusive property of MyTresor or the third-party owners.

28.2. The Customer shall have no right or interest in such intellectual property rights except for the non-exclusive right to access and use them as specified under this or any other agreement with MyTresor.

28.3. The Customer shall not copy, modify, decompile, reverse engineer, alter or make derivative works of MyTresor's intellectual property rights or how they operate unless under the express agreement of MyTresor.

28.4. Unauthorized use, reproduction, or modification of any content may result in civil and criminal penalties.

29.1. These GTC and all transactions made with MyTresor are governed by and construed in accordance with the laws of Switzerland without regard to conflicts of laws principles that would require the application of any other law.

29.2. Any and all disputes arising out of or in connection with the relationships and/or transactions between MyTresor, on the one hand, and the Customer, on the other hand, shall be subject to the exclusive jurisdiction of the courts of the Canton of Zug, subject to an appeal to the Federal Court in Lausanne.

To the fullest extent permitted by applicable law, you and MyTresor agree that any dispute, claim, or controversy arising out of or in connection with these Terms must be brought on an individual basis, and that neither party shall be entitled to join or consolidate claims by or against other customers, or pursue any claim as a representative or class action. Unless both you and MyTresor otherwise agree in writing, the court may not consolidate or join more than one person’s claims or otherwise preside over any form of a consolidated, representative, or class proceeding.

29.3. The exclusive place of jurisdiction for all proceedings and place of performance is the registered office of MyTresor AG. For customers with (residential) headquarters abroad, the registered office of MyTresor is also the place of debt enforcement. However, MyTresor is entitled to sue/prosecute the customer at their (residential) court or at any other competent court. Mandatory statutory places of jurisdiction remain reserved.

30.1. The provisions of these GTC express the entire agreement concluded between MyTresor and the Customer. They prevail over any proposal, exchange of letters before and after the conclusion hereof, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject of the GTC, unless an amendment is duly signed by both parties.

30.2. In the event of contradictions between the present English version of the GTC and any translated version accessible on the Website, the terms and conditions of the present English version of the GTC shall prevail.

31.1. If any provision of this agreement is legally ineffective, this shall not render the entire contract ineffective. Instead, the ineffective provision shall be replaced by a relevant and effective provision corresponding to its economic purpose. The same applies to any gaps in this agreement.

31.2. MyTresor reserves its right to make changes to the GTC at any time. These GTC may be revised at any time, in which case this page will be modified accordingly. The Customer must, from time to time, consult this page in order to become aware of any changes made, as they incur to his/her responsibility.