User Agreement

Effective Date: March 31, 2022. This User Agreement (“User Agreement”) applies to the relationship between XILLO, Inc., a Delaware corporation (“XILLO”), and its customers and other users of its websites www.xillo.io and platform.xillo.io (collectively, “Website”), the XILLO mobile application (“XILLO Mobile App”) and other services. These terms apply to all transactions, including, without limitations, transactions involving precious metals, whether made through the Website, the XILLO Mobile App, by telephone or otherwise.

By using the Website, the XILLO Mobile App and other services provided by XILLO, including, without limitation, purchasing, selling, storing, and redeeming precious metals from XILLO, you are agreeing to the following terms, including, without limitation, the terms available by hyperlink. Do not use the Website, the XILLO Mobile App or the other services of XILLO if you do not agree to this User Agreement.

This User Agreement contains the following sections. You may jump directly to any section by selecting the appropriate link below. The headings and the subheadings are for reference only and do not affect the meaning of the sections.

  1. Definitions
  2. Your XILLO Account
  3. Purchasing Digital Metal from XILLO
  4. Sending Your Payment
  5. Ownership of Digital Metal
  6. Redeeming Your Digital Metal
  7. Gold Savings Plan
  8. Shipping Physical Metal After Redemption
  9. International Orders Shipment of Physical Metal
  10. Return Policy for Physical Metal
  11. Selling to XILLO
  12. Storage Fees
  13. Promotions
  14. Risks
  15. Market Loss Policy
  16. General Provisions
  1. Definitions
    The following terms have the following meanings in the User Agreement:
    1. The term “AUTHORISED SERVICE PROVIDER” means companies that have a formal trade agreement with XILLO, Inc. AUTHORISED SERVICE PROVIDER provides services to, and on behalf of, XILLO, not directly to customers or other users of XILLO, and the customers and other users of XILLO do not have any relationship with AUTHORISED SERVICE PROVIDER by virtue of their relationship with XILLO.
    2. Business Day. The term “Business Day(s)” means a day other than a Saturday, a Sunday or a day that is a holiday under the federal law of the United States of America and/or the laws of the State of Delaware.
    3. Digital Metal. The term “Digital Metal” means a digital representation of physical Precious Metal held for the benefit of the owner in a storage facility, the ownership interest of which is recorded on the books and the records of XILLO. Notwithstanding any else contained herein, a customer of XILLO owns, and has title to, an interest in actual and tangible physical metal that is held in the storage facility on behalf of the customer.
    4. Fair Market Value. The term “Fair Market Value” means the fair market value of the Digital Metal as determined by XILLO, in its reasonable discretion.
    5. Market Gain. When a Purchase Order or Purchase, as the case may be, is cancelled by XILLO, Market Gain occurs when the Fair Market Value on the date of the cancelled Purchase Order or Purchase is greater than the original price as it appears on the cancelled Purchase Order. The difference between the Fair Market Value less the original price is the Market Gain.
    6. Market Loss. When a Purchase Order or Purchase, as the case may be, is cancelled by XILLO, Market Loss occurs when the Fair Market Value on the date of the cancelled Purchase Order or Purchase is less than the original price as it appears on the cancelled Purchase Order. The difference between the original price less the Fair Market Value is the Market Loss.
    7. The term “XILLO” means XILLO, Inc., a Delaware corporation.
    8. XILLO Account. The term “XILLO Account” means an online account with XILLO maintained by a customer.
    9. XILLO Mobile App. The term “XILLO Mobile App” means the XILLO mobile application.
    10. The term “Order” means, as applicable, a confirmed Sale by a customer or a confirmed Purchase by a customer, whether such Order was made through the Website, the XILLO Mobile App, by telephone or otherwise.
    11. Precious Metal. The term “Precious Metal” means gold, silver and platinum.
    12. The term “Purchase” means the acquisition of Digital Metal by a customer from XILLO, whether made through the Website, XILLO Mobile App, by telephone or otherwise, with the quantity and the price confirmed.
    13. Purchase Order. The term “Purchase Order” means an Order placed by a customer with XILLO for the Purchase of Digital Metal.
    14. The term “Sale” means the redemption by a customer from XILLO of Digital Metal, whether through the Website, the XILLO Mobile App, by telephone or otherwise.
    15. Sale Order. The term “Sale Order” means an Order placed by a customer with XILLO for the redemption of Digital Metal from the customer, with the quantity and the price confirmed.
    16. User Agreement. The term “User Agreement” means this User Agreement.
    17. User Content. The term “User Content” means content posted by a customer or a user on the Website, including, without limitation, any images or testimonials.
    18. The term “Website” means the websites located at www.xillo.io and platform.xillo.io.
  2. Your XILLO Account
    1. Opening a XILLO Account.
      • You may choose to open a XILLO Account with XILLO that you can use to purchase, to sell, to store and to redeem Digital Metal in accordance with this User Agreement.
      • When you open a XILLO Account with XILLO, you can deposit money to enable you to purchase Digital Metal. You can deposit money to your XILLO Account at any time.
      • You may open your XILLO Account by following the instructions at the Website, in the XILLO Mobile App or by contacting XILLO to assist in creating an account at connect@xillo.io.
      • You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs) or any other codes that you use to access your XILLO Account. You are responsible for keeping your mailing address, email address and other contact information up to date in your XILLO Account profile.
      • You will need to provide certain information to XILLO upon opening your XILLO Account. If you provide erroneous or incomplete information, XILLO can decline to open a XILLO Account or may close your XILLO Account at any time.
    2. Funding a XILLO Account
      • You may deposit funds to your XILLO Account in any one of the following ways:
        • credit card;
        • personal check;
        • wire transfer; or
        • automated clearinghouse (ACH) transfer.
      • Depending on the method you use to deposit funds to your XILLO Account, you may not have immediate access to those funds to engage in transactions. Please see Section 3 below for additional details on when your funds may become available for transactions.
    3. Making Purchases from a XILLO Account
      • There is no minimum transaction amount per transaction.
      • On Purchase Orders greater than $500,000.00 (USD), we recommend that you contact us at connect@xillo.io to determine if a deposit will apply. XILLO reserves the right to request a ten percent (10%) deposit on Purchase Orders deemed “significant” by XILLO, in its sole discretion, before XILLO will accept and confirm the Purchase Order and lock-in prices; XILLO may treat multiple Purchase Orders made on the same date as part of a single Purchase Order in determining significance.
      • You may purchase Digital Metal using the funds you have in your XILLO Account or you may purchase the Digital Metal without pre-funding your account by choosing to pay by the methods listed above. Your Purchase Order will be in a pending status until the funds are deposited and available for the Purchase.
      • When you purchase online from XILLO, the price at which your Purchase Order is submitted is the locked-in price; you may also be responsible for any convenience fee that applies to a particular payment method. You will receive an email confirming your Purchase Order and your confirmation number will be in your email. The Purchase Order price is locked-in for two (2) Business Days for wire transfer orders and five (5) Business Days for personal check orders. If you pay through your cash balance in your XILLO Account, credit card, your payment will be credited immediately. If you pay through a bank ACH transfer, your payment will be marked as payment processing prior to settlement; no sale of the purchased Digital Metal may be made until settlement occurs. Funds made through bank ACH transfer typically take up to five (5) Business Days to settle. The locked-in period is the time you must make your payment to XILLO to receive the locked-in price.
      • If you do not make a timely deposit for payment to XILLO, XILLO, may, in its sole discretion, (a) accept your deposit; (b) refuse your deposit and cancel your Purchase Order; (c) close your XILLO Account; and/or (d) preclude you from engaging in future transactions through XILLO.
      • You have no right to cancel your Purchase Order once it is confirmed. An error in a Purchase must be offset with an equivalent Sale of Digital Metal.
      • XILLO reserves the right to cancel a Purchase at any time for any reason. Should your Purchase Order be canceled by XILLO, XILLO will refund the full Purchase Order price minus any Market Loss and processing and convenience fees, if any, applicable to the payment deposit method used for the Purchase Order.
    4. Withdrawing Funds from a XILLO Account
      • You may request to withdraw funds from your XILLO Account at any time by logging into the Website and accessing the “Withdraw” section of the Website or by contacting XILLO at connect@xillo.io.
      • If you have at any time funded your XILLO Account through an ACH transfer, you have the option of having XILLO transmit the funds that you are withdrawing through an ACH transfer.
      • XILLO may transmit funds to you through your credit card or Bank account if the XILLO Account was originally funded via credit card or Bank Wire within the last 60 days.
      • XILLO may transmit funds to you through your originating bank account if the XILLO Account was originally funded via bank account last 60 days.
      • XILLO reserves the right to transmit funds through an alternate payment method than you requested or than as provided herein.
    5. Closing a XILLO Account
      • You may not close your XILLO Account when there are any pending or scheduled Orders and you must cancel SavingsPlan prior to closing your XILLO Account. When you close your XILLO Account, XILLO will cancel any SavingsPlan Orders. You must withdraw any balance from your XILLO Account before closing it.
      • You will remain liable for all obligations related to your XILLO Account even after your XILLO Account is closed.
      • In certain cases, you may not close your XILLO Account, including:
        • if you are evading or attempting to evade an investigation;
        • if you have a pending or scheduled Order or an open dispute or claim;
        • if your XILLO Account is subject to a hold, limitation or reserve; or
        • if your XILLO Account has any outstanding delivery or other fees.
    6. XILLO Account Information
      • You may view details of your XILLO Account by logging into your XILLO Account.
      • You may request records related to your XILLO Account. XILLO may charge you a fee per item requested. However, XILLO will not charge you for records requested in connection with your good-faith assertion of an error in your XILLO Account.
    7. Additional Details
      • XILLO reserves the right to close your XILLO Account at any time in XILLO’s sole discretion.
      • Balances in your XILLO Account will not earn interest.
      • Balances in your XILLO Account will not be eligible for deposit insurance by the Federal Deposit Insurance Corporation (FDIC), for insurance by the Securities Investor Protection Corporation (SIPC) or for any other similar insurance.
      • XILLO will deposit any funds received from you in a bank account segregated from the operating accounts of XILLO; such segregated account may, however, contain funds from multiple clients. XILLO may earn interest on those funds but you will not receive such interest.
  3. Purchasing Digital Metal from XILLO
    In addition to the other provisions of this User Agreement, Purchases are subject to the following:
    1. Cancellations of Orders with XILLO
      • Once XILLO has issued a Purchase Order confirmation, (a) the price is locked-in and (b) there is a binding contract between XILLO and you for your Purchase and, as a result, any market risk for breach is transferred to you upon issuance of the Purchase Order confirmation.
      • You have no right to cancel your Purchase Order.
      • However, if you breach your payment or any other obligation, XILLO may cancel your Order(s). In addition, XILLO reserves the right to cancel any Order at any time and for any reason. Should your Purchase Order be canceled by XILLO, XILLO will refund the full Purchase Order price minus any Market Loss and any processing and convenience fees, if any, applicable to using the payment deposit method used for the Purchase Order.
      • If a Purchase Order is canceled in violation of this User Agreement, whether due to insufficient funds, by recalling a payment or otherwise, you are responsible to XILLO for any Market Loss plus a $35.00 (USD) cancellation fee. The Purchase Order cancellation will be confirmed, and you will be given a cancellation number. At that time, if any Market Loss has occurred, it will be calculated and added to the $35.00 (USD) cancellation fee. You must remit immediately (upon notice) to XILLO good funds for any Market Loss and the cancellation fee. No future Orders by you may be permitted unless and until any Market Loss and the cancellation fee are paid in full. Upon written confirmation by XILLO of your payment of any Market Loss and the $35.00 (USD) cancellation fee, XILLO will not pursue any other damages associated with Order cancellation.
      • Any Market Gain on Purchase Order cancellations belongs to, and shall remain the property of, XILLO.
      • XILLO may take appropriate action to collect the Market Loss and/or the cancellation fee, such as deducting cash from your XILLO Account or liquidating Digital Metal in your XILLO Account.
    2. Order Changes
      • Because an Order may not be changed, XILLO suggests you take the time up front to make sure what you want is exactly what you request from us as reflected in the Order.
    3. Other Order Payment Information
      • The general Order payment requirements, as well as the consequences of failing to make a payment, are set forth in Item 2(A).
      • The decision on how to pay for your Order is your decision. However, it is always best to pay through your XILLO Account or to send XILLO your payment immediately to complete your transaction with XILLO and to avoid any possible default, so you can receive the locked-in price. When making payment by mail or wire, XILLO recommends making payment the same day your Order is placed and, when mailing payment, that you use a courier service that offers priority delivery and that provides you with a tracking number to ensure timely delivery and tracking capabilities.
  4. Sending Your Payment
    1. Payment instructions will be issued online on the final page of the online Purchase Order process and again by email after you place your Purchase Order. If you do not pay in full through your XILLO Account, payment must be dated within twenty-four (24) hours of your Purchase Order date. If you default and you do not meet these requirements, XILLO reserves the right to cancel the Purchase Order.
    2. XILLO does not accept C.O.D. for Purchase Orders.
    3. Payment Options
      • You may always pay through your XILLO Account.
      • Depending upon the Purchase Order amount, you may also pay by some or all of the following payment methods: credit card, bank wire, personal check, or ACH.
    4. Bank ACH Orders
      • If creating a bank ACH fund Order, XILLO will advance you the funds in your XILLO Account and will credit payment immediately. However, funds made through bank ACH transfer may take up to five (5) business days to settle from your bank account to XILLO’s bank account and, while you may use the funds for a Purchase Order, you may not sell the purchased Digital Metal prior to settlement.
      • If payment does not settle or is recalled or funds are insufficient, XILLO reserves the right to cancel Orders funded by bank ACH transfer and reverse the funds that XILLO has advanced to you.
    5. Collection Period on Checks
      • Cashier’s checks, certified checks and personal checks are deposited for collection and the typical period before we mark as settled/completed is from five (5) to ten (10) Business Days, regardless of when such checks may clear the banking system.
      • XILLO must receive payment for check orders within five (5) Business Days.
    6. Wiring Funds
      • Once you have placed a Purchase Order and we have issued a confirmation number, we will provide you wire instructions, including our bank name, ABA routing number and account number.
      • XILLO must receive payment for wire orders within two (2) Business Days.
    7. Good Funds Policy
      • “Good funds” is the day we receive your direct bank wire and generally from five (5) to ten (10) Business Days from the day we receive your cashier’s check, certified check or personal check. There may be an additional delay for a check if your bank does not cooperate with us on the information needed to verify your transaction.
    8. Credit Card
      • XILLO may accept, is not obligated to accept, credit card payments for a Purchase Order. All credit card orders are reviewed on an order by order basis and we reserve the right to refuse any order deemed questionable or of significant risk to XILLO regardless of payment method and price confirmation and in such case, you waive any right to any claim or actual damages of any kind or nature whatsoever. XILLO has the right to refuse any credit card payment in its sole discretion.
    9. Currencies
      • We currently accept payments for Purchase Orders only in U.S. dollars (USD).
  5. Ownership of Digital Metal
    1. Upon confirmation of your payment in accordance with this User Agreement, you will become the owner of the Digital Metal covered by your Purchase Order. Notwithstanding any else contained herein, you will own, and have title to, the actual and tangible physical metal that is held in the storage facility on your behalf.
    2. Such ownership will be reflected in your XILLO Account. You may view your holdings online at any time.
    3. At the end of every quarter, XILLO will email to your email on file a link a statement summarizing your Digital Metal holdings with XILLO.
    4. All products are stored in physically secured facilities and fully insured for theft and physical loss
    5. All customer ounces are verified twice a year by a top 10 U.S. accounting firm except Canadian products which are verified by the Royal Canadian Mint, a Crown corporation of the Government of Canada.
  6. Redeeming Your Digital Metal
    1. At any time, you may redeem a portion or all of your Digital Metal and have physical metal delivered to you, subject to applicable minimum redemption amounts and processing fees. Any such redemption will be processed at the then applicable daily market rate. Redeeming through XILLO is the only redemption option that is available for you to redeem your Digital Metal.
    2. That redemption value may not be the best price that you could receive on the open market. That redemption value will be derived based on a proprietary algorithm of XILLO and is determined in XILLO’s sole discretion.
    3. If you wish to redeem a portion or all of your Digital Metal in exchange for physical metal, you may log on to your XILLO Account or contact us at connect@xillo.io
    4. When you select the option to redeem your Digital Metal, XILLO will provide you with a quote for the redemption price.
    5. Once you finalize your redemption, your redemption will be treated as a Sale Order and the relevant procedures described herein will apply.
  7. GOLD SAVINGS PLAN
    1. You may set up recurring Purchase Orders with XILLO at a monthly frequency. Your billing schedule will depend on the date you enroll in the GOLD SAVINGS PLAN Program.
    2. To have recurring Purchase Orders effected, you must keep your selected payment method in good standing. If a change or an update to your payment method is necessary, it is your responsibility to contact XILLO or login to your XILLO Account to make the appropriate change. If your payment method is not kept current and in good standing, XILLO may terminate the recurring Purchase Orders and you will need to set up new recurring Purchase Orders with a payment method in good standing.
    3. If you elect to set up recurring Purchase Orders, you are required to keep the payment method you choose adequately funded. If XILLO receives a chargeback related to any recurring Purchase Order, XILLO will cancel that Purchase Order and all future recurring Purchase Orders and you will be responsible for any Market Loss be charged a fee of $35.00 (USD) for each Purchase Order. XILLO is not responsible for the loss of any potential gain associated with your cancelled Purchase Orders.
    4. You may cancel your recurring Purchase Orders at any time on the Website under the Settings section of your XILLO Account or through the XILLO Mobile App.
  8. Shipping Physical Metal After Redemption
    1. The physical metal to which you are entitled on redemption will be shipped by our AUTHORISED SERVICE PROVIDER on behalf of XILLO, at its discretion, by registered and/or insured S. Mail, UPS, Federal Express or another carrier. Packages sent by registered and/or insured U.S. Mail can take an average of five (5) to ten (10) Business Days to receive.
    2. You may be charged shipping, handling and insurance charges of $39.99 (USD) for shipments of physical metal with a redemption value of less than $100.00 (USD).
    3. All physical metal shipments to you will be insured for the redemption price of the shipped physical metal, subject to the limitations contained herein and in the applicable insurance policy. Should anything happen while your package is in transit to you, you may be permitted to claim coverage under the applicable insurance policy provided that you directly receive the package from the common carrier.
      • When a shipment is made to you, if physical metal is lost or damaged in transit, it is XILLO’s responsibility through our AUTHORISED SERVICE PROVIDER as its agent to pursue any claim with the insurance company. If our AUTHORISED SERVICE PROVIDER as the agent of XILLO determines the package is lost or damaged, our AUTHORISED SERVICE PROVIDER as the agent of XILLO files a claim. Once the claim is filed, our AUTHORISED SERVICE PROVIDER as the agent of XILLO may re-ship your items or refund your money at its discretion, and XILLO (and our AUTHORISED SERVICE PROVIDER as its agent) shall have no further responsibility or liability to you.
      • If there is any disruption in the delivery of a package to you, you agree to cooperate in any investigation or claim process and to take every reasonable action necessary or requested of you in the process. Failure to fully cooperate will jeopardize coverage that might otherwise be available for your loss.
      • Neither XILLO (and our AUTHORISED SERVICE PROVIDER as its agent) nor the insurance company accepts (and XILLO (and our AUTHORISED SERVICE PROVIDER as its agent) specifically disclaims) responsibility if you have left instructions with any carrier or delivery service to leave parcels for you without your signature. Nor do XILLO (and our AUTHORISED SERVICE PROVIDER as its agent), nor our insurance company, accept (and XILLO (and our AUTHORISED SERVICE PROVIDER as its agent) specifically disclaim) responsibility if you have given any carrier or delivery service instructions to leave your package with someone else, such as a building manager, neighbor or a drop-off location such as Mail Boxes Etc., The UPS Store, or similar third party drop off locations. In any such case, your package will not be covered by insurance. If you do not receive the package directly from the common carrier, you must take all reasonable actions to assist in recovery of the package, including, without limitation, filing out reports (and/or police reports) and providing all documents and information needed or requested to assist in recovery of the package. If you do not fully cooperate in recovery efforts, neither XILLO (and our AUTHORISED SERVICE PROVIDER as its agent) nor our AUTHORISED SERVICE PROVIDER’s insurance company or carrier will have any liability to you. XILLO (or our AUTHORISED SERVICE PROVIDER as its agent) must be notified of a lost package within thirty (30) days from the shipment date of the package.
  9. International Orders Shipment of Physical Metal
    1. Duties and Taxes
      • All duties and taxes must be paid by the customer on Sale Order(s) for Physical Metal You may be subject to taxes and/or duties for your redemption from XILLO. Please consult your local customs broker for more information on duty and tax rates.
      • All shipping amounts listed below are approximations based on information as the date that this User Agreement became effective. Please call us for the most current shipping charges.
      • XILLO (and its agent AUTHORISED SERVICE PROVIDER) always declare the full value of the shipment on any customs form. There are no exceptions to this policy.
    2. International Delivery Requirements
      • If your Physical Metal is returned due to your refusal to pay duties or taxes or if the carrier is unable to deliver your Physical Metal, you are responsible for any return shipping fees, additional duties or applicable taxes for returning the package back to XILLO. In addition, if your package is returned, your Physical Metal will not be reshipped unless and until receipt of payment in full for any return shipping costs, duties and taxes paid or advance for you as well as any subsequent re-shipment fees back to you.
      • International returns on Physical Metal are very costly and we strongly suggest making yourself aware of any duties or taxes before packages are shipped to avoid surprises. In addition, we strongly suggest making yourself available to the delivery company, so your package is not returned, subjecting you to unnecessary taxes, duties, shipping costs or delays. Delays for Physical Metal re-shipment could take four (4) to six (6) weeks or longer to complete when packages are not received as they should be. If you have any questions about your international shipment, please send an inquiry to connect@xillo.io.
      • Currently, all Physical Metal shipments must be shipped to a physical address and a delivery zone surcharge may apply. Our AUTHORISED SERVICE PROVIDER (as the agent for XILLO) does not typically send Physical Metal to international customers using freight forwarding services, such as Vpost addresses. If Sale Orders are placed online with Vpost or freight forwarding addresses, all risk of loss for such transactions is borne by you once delivers your product to the freight forwarding service or Vpost.
        • Canada
          • Shipping charges for shipping Physical Metal to Canada are approximately $59.95 (USD).
          • The minimum value of Physical Metal that our AUTHORISED SERVICE PROVIDER (as agent for XILLO) will ship to Canada is $500.00 (USD).
        • Europe
          • Our AUTHORISED SERVICE PROVIDER (as agent for XILLO) currently ships Physical Metal to Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Spain, Sweden, Switzerland and the United Kingdom.
          • Shipping charges for sending Physical Metal to Europe are approximately $89.95 (USD) plus an additional estimated $0.75 (USD) per troy ounce weight surcharge.
          • The minimum value of Physical Metal that our AUTHORISED SERVICE PROVIDER (as agent for XILLO) will ship to Europe is $500.00 (USD).
        • Asia
          • Our AUTHORISED SERVICE PROVIDER (as agent for XILLO) currently ships Physical Metal to Hong Kong, Japan, Macau, Malaysia, Singapore, South Korea and Taiwan.
          • Shipping charges for sending Physical Metal to Asia are approximately $89.95 (USD) plus an additional estimated $0.75 to $0.80 (USD) per troy ounce weight surcharge, depending upon the country.
          • The minimum value of Physical Metal that our AUTHORISED SERVICE PROVIDER (as agent for XILLO) will ship to Asia is $500.00 (USD).
        • Australia
          • Shipping charges for sending Physical Metal to Australia are approximately $89.95 (USD) plus an additional estimated $0.75 (USD) per troy ounce weight surcharge.
          • The minimum value of Physical Metal that our AUTHORISED SERVICE PROVIDER (as agent for XILLO) will ship to Australia is $500.00 (USD).
        • New Zealand
          • Shipping charges for sending Physical Metal to New Zealand are approximately $109.95 (USD) plus an additional estimated $0.80 (USD) per troy ounce weight surcharge.
          • The minimum value of Physical Metal that our AUTHORISED SERVICE PROVIDER (as agent for XILLO) will ship to New Zealand is $500.00 (USD).
        • Other Countries
          • Shipping charges for sending Physical Metal to Cayman Islands, Israel, Mexico and the United Arab Emirates are $89.95 (USD) plus an additional estimated $0.75 (USD) per troy ounce weight surcharge. Shipping charges for redemption Orders to South Africa are $99.95 (USD) plus an additional estimated $0.90 (USD) per troy ounce weight surcharge.
          • The minimum value of Physical Metal that our AUTHORISED SERVICE PROVIDER (as agent for XILLO) will ship to the countries listed above is $500.00 (USD).
  10. Return Policy for Physical Metal
    1. We want our customers to be satisfied with their redeemed Physical Metal from XILLO. At your request, we may, but are not obligated to, provide you with an opportunity to exchange redeemed Physical Metal for an identical equivalent product in the event of a material defect. If we agree to do so, such exchange must be made within seven (7) days from the date on which the customer receives his or her Physical Metal and only to those customers that timely and properly notify XILLO by email at connect@xillo.io and that receive written confirmation that the exchange request has been approved. If approved, XILLO will give you instructions on how to exchange your items.
    2. Shipping and handling charges are non-refundable. For approved exchanges, you must follow all instructions provided by XILLO, including carefully packaging the Physical Metal. You are responsible for the cost of return shipping and the risk of loss during the return shipment as part of the exchange. XILLO reserves the right, at its sole discretion, to reject any exchange that does not comply with these requirements. If an exchange is requested, we reserve the right to accept or to refuse the exchange request in our sole discretion, and to require you to pay for any Market Loss on approved exchanges. Any Market Gain on refunds shall belongs to, and remains the property of, XILLO.
  11. Selling to XILLO
    1. If you sell Digital Metal to XILLO, the sale is final and any errors made in the sale will need to be offset with a subsequent buy. Sales cannot be canceled once they are confirmed.
    2. You also agree and understand that premiums for Digital Metal vary based on current market value, demand, and other related factors and the buyback price XILLO offers may not be directly correlated to the price you paid for the product at the time of purchase.
    3. XILLO may adjust buy premiums at its discretion unless a sales confirmation has already been issued.
  12. Storage Fees
    1. XILLO does not charge a storage fee, for Digital Metals;
  13. Promotions
    1. From time to time, XILLO may offer promotions.
    2. Promotions can vary and may include incentives, such as, without limitation, offering cash or a credit on opening a XILLO Account or cash or a credit on referring new customers to XILLO. The terms of any such promotion will be determined by XILLO, in its sole discretion.
    3. Receipt of any incentive requires compliance with the terms of the promotion. A customer will not be entitled to receive an incentive if XILLO determines, in its discretion, that:
      • the customer did not meet the terms of the promotion;
      • the XILLO Account is suspicious or fraudulent;
      • the XILLO Account is dormant or inactive; or
      • the customer is abusing the promotion.
    4. To the extent that a customer has received an incentive to which XILLO determines the customer is not entitled, XILLO may take any appropriate action, such as, without limitation, cancelling the credit balance, deducting cash from the XILLO Account or liquidating Digital Metals in the XILLO Account to repay the cash or the credit.
  14. Risks
    1. All transactions in precious metals involve risk; Digital Metal is no exception. The value of Digital Metal is based on the value of the Physical Metal to which it relates and is affected by many economic factors, including, without limitation, the current market price of Physical Metal, the perceived scarcity of the Physical Metal and other factors, such as the quality and current demand and general market sentiment.
    2. Therefore, because Physical Metal can go down in price as well as up, Digital Metal may not be suitable for everyone. Because all investments, including Digital Metal, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a Digital Metal investment.
    3. Like many markets, the precious metals market is speculative and is largely unregulated.
    4. The prices for precious metals will fluctuate throughout the day. If you are considering purchasing precious metals, you should assess the stability of the current market.
    5. XILLO encourages you to discuss investments in precious metals and the associated benefits and risks with your financial advisor
  15. Market Loss Policy
    1. When you buy from XILLO, once we have issued a Purchase Order confirmation number, you have a binding contract, the transaction price is locked-in and any corresponding market risk is transferred to you. This is a benefit to you because you know your price at your Purchase Order confirmation time and we believe this is one of the key benefits of transacting with XILLO. If you default in your performance of payment, shipment or any other act required by you, we may cancel your Purchase Order(s). If your Purchase Order(s) is cancelled, you agree you have full responsibility and liability to XILLO for any Market Loss, plus a thirty-five dollar ($35.00 USD) cancellation fee. You must also pay, and have full responsibility and liability to, XILLO for all fees and costs associated with XILLO’s efforts in collecting from you. Any Market Gain on Purchase Order cancellations shall vest in and remain the property of XILLO, and XILLO shall have no responsibility to you for Market Gain. We reserve the right to cancel any Purchase Order at any time and for any reason. All future requests to withdraw funds or redeem for physical metals will be held until any/all outstanding Market Loss and/or cancellation fee balances have been paid in full.
  16. General Provisions
    1. Absence of Relationship. The sole relationship between XILLO and you is that of buyer-seller. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between XILLO and you exists.
    2. You may not assign any of your rights or obligations under this User Agreement without the prior written consent of XILLO, which may be granted or withheld by XILLO in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of XILLO and you.
    3. You are responsible for the confidentiality of information about your transaction. You shall be very careful about disclosing information about your transactions with XILLO and should carefully consider any disclosure of such information that you make to third parties.
    4. Governing Law. This User Agreement is governed by, and shall be interpreted in accordance with the laws of the State of Delaware, without giving effect to conflict of law principles.
    5. Dispute Resolution
      • It is XILLO’s goal that any disagreement or dispute be resolved amicably and expeditiously. We encourage you to contact XILLO at connect@xillo.io or a business-consumer intermediary (such as a local better business bureau).
      • If an amicable resolution cannot be reached, such disagreement or dispute shall be resolved in accordance with the following paragraphs.
      • The federal and state courts located in Middletown, Delaware shall have exclusive jurisdiction of all actions arising out of, or relating to, the transactions between XILLO and you, including, without limitation, under the User Agreement. You hereby consent to personal jurisdiction and venue in those federal and state courts for the purpose of resolving any such disagreement or dispute and waive all objections to the personal jurisdiction of, or venue in, such federal and state courts.
      • XILLO AND YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY SUCH DISAGREEMENT OR DISPUTE.
    6. Force Majeure. If XILLO cannot perform any obligation hereunder as a result of any event that is beyond its control, XILLO’s delay or failure to perform such obligation shall be excused and XILLO shall not be liable for any damages as a result of, or in connection with, any such delay or failure.
    7. Further Assurances. You shall execute and deliver such other documents and take such other actions as may be reasonably requested by XILLO to carry out your obligations under the User Agreement.
    8. Except as otherwise provided herein, all notices and other communications to XILLO shall be directed to XILLO, Inc., c/o Chief Executive Officer, 651 N Broad Street, Suite 206, Middletown, Delaware, 19709, and all other notices and other communications to you shall be directed to your last address as reflected by the records of XILLO.
    9. Recording of Phone Conversations. XILLO and its agents may record phone conversations between XILLO and you. You expressly consent to the recording of such phone conversations.
    10. Absence of Waivers. A delay or failure by XILLO to take action with respect to any non-compliance by you with your obligations to XILLO or to insist upon strict adherence the User Agreement does not affect the ability of XILLO with respect to any other non-compliance by you and does not waive or limit XILLO’s right thereafter to insist upon strict adherence to that or any other term, whether of a similar or dissimilar nature.
    11. Pricing or Typographical Errors. XILLO strives to provide accurate product and pricing information to you. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect list price or with incorrect information, XILLO may, at its sole discretion, refuse or cancel any Order placed by, or sent to, you for that item. XILLO may either contact you for instructions or cancel your Order and notify you of such cancellation. Prices and availability are subject to change without notice. If a refund is provided or there is any delay in sending you your payment, as the case may be, you waive any right to any claim or actual damages of any kind or nature whatsoever.
    12. XILLO takes security very seriously. Our security measures are intended to minimize the loss, misuse and alteration of all information under XILLO’s control, but cannot, of course, assure such result. XILLO’s system is based on the SSL (Secure Socket Layer) encryption standard. If you are using an SSL-compliant browser such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox or Apple Safari, you will generally be able to conduct fully- protected transactions that encrypt all of your personal information, including credit card number, name and address, so it cannot be read as the information travels from you to XILLO. Furthermore, all of the customer data XILLO is subject to privacy protections. See our Privacy Policy for additional information
    13. The User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of the User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of the User Agreement, and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable
    14. XILLO may amend the User Agreement at any time and from time to time by posting the amended terms on the Website and such amendments shall become effective immediately.
    15. Entire Agreement. The User Agreement, the Privacy Policy and confirmations of Purchases or Sales thereunder set forth the entire understanding between XILLO and you with respect to the subject matter of our transactions.
    16. User Content and Conduct
      • You may be invited to post User Content. You understand that all User Content, whether publicly posted on a forum or privately transmitted to XILLO or other person, is your sole responsibility. Though the Website is designed to be a safe place to share User Content, XILLO cannot guaranty that a user will not misuse the User Content. If you have any User Content that you want to keep confidential or you do not want others to use, do not post it to the Website. Under no circumstances will XILLO be liable in any way for any User Content or the use or misuse thereof, including, without limitation, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Website.
      • By posting any User Content at the Website, you hereby grant XILLO and its designees a royalty-free, fully paid-up, perpetual, irrevocable, non- exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part), throughout the world in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. Such license includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: (a) you own the User Content posted by you or otherwise have the right to grant the license granted hereby; and (b) the posting of your User Content at the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you post at the Website. You acknowledge and agree that XILLO may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this User Agreement; (c) respond to claim(s) or assertion(s) that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of XILLO, its users and the public. You understand that the technical processing and transmission of the Website, including, without limitation, your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
      • You agree that you will not:
        • upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
        • harm minors in any way;
        • impersonate any person or entity, including, but not limited to a representative of XILLO, or falsely state or otherwise misrepresent your affiliation with a person or entity;
        • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;
        • upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual, fiduciary or other relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
        • upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
        • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in any areas that are designated for such purpose;
        • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
        • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
        • interfere with or disrupt the Website, XILLO Mobile App or servers or networks connected to the Website or XILLO Mobile App, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or the XILLO Mobile App;
        • “stalk” or otherwise harass another; or
        • collect or store personal data about other users.
      • You understand that by using the Website and XILLO Mobile App, you may be exposed to User Content that is offensive, indecent or objectionable. XILLO does not endorse or have control over User Content. User Content is not reviewed by XILLO prior to posting and does not reflect the opinions or policies of XILLO. XILLO makes no representations or warranties, express or implied, as to User Content or the accuracy and reliability of User Content or any other material or information that you may access through the Website or the XILLO Mobile App. XILLO assumes no responsibility for monitoring the Website or the XILLO Mobile App for inappropriate submissions or conduct. If at any time XILLO chooses, in its sole discretion, to monitor the Website or the XILLO Mobile App, XILLO nonetheless assumes no responsibility for User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of users submitting any such User Content. Notwithstanding the foregoing, XILLO may remove any User Content that violates this User Agreement or is otherwise objectionable, in XILLO’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.
      • You are solely responsible for your interactions with other users. XILLO reserves the right, but has no obligation, to monitor disputes between you and other users and to terminate your Website or XILLO Mobile App access if XILLO determines, in its sole discretion, that doing so is prudent.
    17. Other Terms of Use; Intellectual Property
      • XILLO may revise and update these Terms of Use at any time and without notice. You should review the Terms of Use posted on the Website and XILLO Mobile App periodically. Your continued access or use of the Website or the XILLO Mobile App after any such change is posted will constitute your acceptance of such change.
      • The Website, the XILLO Mobile App and their contents, including, without limitation, photography and other XILLO assets (the “Content”, are intended for customers of XILLO. You may not use the Website, the XILLO Mobile App or the Content for any purpose not related to your business with XILLO. Without limiting the generality of the forgoing, you are specifically prohibited from: (a) downloading, copying, or re-transmitting any part or all of the Website, the XILLO Mobile App or the Content without, or in violation of, a written license or agreement with XILLO; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website, the XILLO Mobile App or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any XILLO product or service if you are not expressly authorized by such party to do so; and (e) using the Website, the XILLO Mobile App or the Content other than for its intended purpose, as determined solely in XILLO’s discretion, including without limitation, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
      • You may not interfere with the security of, or otherwise abuse, the Website, the XILLO Mobile App or any system resources, services or networks connected to, or accessible through, the Website or the XILLO Mobile App.
      • You may only use the Website and the XILLO Mobile App for lawful purposes.
      • All materials, including, without limitation, the organization and presentation of such materials on the Website and the XILLO Mobile App, and including, without limitation, wholly owned brand assets such as photography (“Materials”), are the property of XILLO and its licensors and may be protected by intellectual property laws, including, without limitation, laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights. Unless you have entered into a separate agreement with XILLO, any other use of these Materials without XILLO’s written permission is prohibited.
      • XILLO and any other product or service name or slogan contained on the Website and/or the XILLO Mobile App are the property of XILLO and its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission XILLO or the applicable trademark holder. You may not use any “hidden text” utilizing “XILLO” or any other name, trademark or product or service name of XILLO without prior written permission. In addition, the look and feel of the Website and the XILLO Mobile App, including, without limitation, all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of XILLO and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website or the XILLO Mobile App are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof.