Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Metals Vault application, website, and related services (collectively, the "Service") operated by G & M Enterprises LLC ("Metals Vault," "Company," "we," "us," or "our").

1. Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 18 years of age and capable of forming a binding contract under applicable law to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Description of the Service

Metals Vault is a technology platform that enables users to track metals-related information, manage collections or inventories, communicate with other users, subscribe to premium features, and list, market, buy, or sell certain items through a user-to-user marketplace.

4. Marketplace Platform Only

Metals Vault is solely a platform provider. Metals Vault does not manufacture, own, inspect, store, warehouse, certify, authenticate, endorse, warrant, broker, offer, sell, resell, purchase, or deliver any item listed or sold by users through the Service.

All marketplace transactions are entered into directly between users. Metals Vault is not a buyer, seller, merchant of record for peer-to-peer marketplace transactions, bailee, consignee, broker-dealer, auctioneer, licensed escrow provider, shipper, insurer, appraiser, authenticator, or fulfillment provider.

You acknowledge and agree that Metals Vault is not a party to any transaction between users and shall not be responsible or liable for the quality, safety, legality, authenticity, condition, value, title, packaging, shipment, delivery, non-delivery, return, refund, or misrepresentation of any item or for the conduct of any buyer or seller.

5. No Custody or Possession of Goods

Metals Vault never takes possession of listed items and does not control whether a listed item exists, whether it is accurately described, whether it is lawful to sell, or whether a buyer or seller will complete a transaction as agreed. All risk related to listed items and transactions remains solely with the users involved in the transaction.

6. User Accounts

In order to access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep that information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must notify us immediately if you suspect unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate your account at any time in our sole discretion.

7. User Conduct and Marketplace Rules

You agree that you will not use the Service to:

• Post false, misleading, inaccurate, or deceptive listings or information;
• Sell or attempt to sell stolen, counterfeit, prohibited, restricted, or illegal goods;
• Engage in fraud, money laundering, abuse, harassment, threats, or unlawful conduct;
• Violate any applicable local, state, federal, or international law or regulation;
• Interfere with or disrupt the operation or security of the Service;
• Bypass subscription, fee, verification, or platform controls;
• Use bots, scraping tools, or automated means to access the Service without authorization.

7A. Prohibited and Restricted Items

Users may not list, market, offer, purchase, sell, trade, distribute, or otherwise transact in connection with any prohibited or restricted items through the Service.

Prohibited items include, but are not limited to:

• Counterfeit, replica, imitation, or forged items;
• Fraudulently altered precious metals products;
• Plated metals misrepresented as solid precious metals;
• Tampered assay cards, altered packaging, or modified grading slabs;
• Stolen property or unlawfully obtained goods;
• Firearms, firearm components, ammunition, explosives, or weapons;
• Watches or luxury fashion accessories;
• Cryptocurrency products, tokenized assets, NFTs, or blockchain-linked assets;
• Securities, financial instruments, or investment contracts;
• Illegal drugs, controlled substances, or drug paraphernalia;
• Items prohibited by applicable law or regulation; or
• Any item that Metals Vault determines, in its sole discretion, presents elevated legal, fraud, safety, reputational, regulatory, or operational risk.

Metals Vault reserves the right to remove listings, restrict accounts, cancel transactions, preserve records, or permanently ban users for violations of this Section.

7B. Additional Prohibited Conduct

MetalsVault maintains zero tolerance for objectionable content, including but not limited to:

• content that is offensive, abusive, harassing, threatening, obscene, or otherwise inappropriate;
• content that promotes violence, discrimination, or illegal activities;
• content that infringes on the intellectual property rights of others;

Users who post objectionable content or engage in abusive behavior will have their content removed and may be permanently banned from the Service without notice.

8. Listings and Seller Responsibilities

Sellers are solely responsible for the content of their listings, the accuracy of all item descriptions, photographs, pricing, shipping commitments, legal compliance, taxes, recordkeeping, and the fulfillment of all transactions they enter into through the Service.

Sellers represent and warrant that they have all rights necessary to list and sell their items and that their listings do not infringe the rights of any third party or violate any law.

9. Buyer Responsibilities

Buyers are solely responsible for reviewing listings carefully before purchasing, evaluating the seller, understanding shipping and delivery terms, and resolving any questions prior to purchase. Buyers assume all risks associated with dealing with other users through the marketplace.

10. Payments, Safe Checkout, and Stripe Connect

Payments related to certain marketplace transactions may be processed through third-party payment processors, including Stripe Connect and its affiliates. By using any payment-related functionality of the Service, including Safe Checkout, you agree to comply with all applicable payment processor terms, policies, connected account requirements, and financial institution requirements.

Metals Vault is not a bank, money transmitter, licensed escrow company, insurer, payment network, fiduciary, broker, dealer, financial institution, or custodian of funds.

Metals Vault does not store full payment card information and is not responsible for payment processing failures, declined payments, delayed transfers, payment holds, reserve requirements, account freezes, banking issues, processor outages, chargebacks, reversals, fraud investigations, or financial institution decisions.

Marketplace transactions may be completed through:

• Safe Checkout transactions processed through Stripe Connect;
• External or off-platform payment arrangements between users, including but not limited to wire transfers, cash transactions, Zelle, checks, or other payment methods; or
• Other payment methods made available through the Service from time to time.

Transactions completed outside of Safe Checkout are conducted entirely at the users’ own risk. Metals Vault does not facilitate, monitor, secure, insure, guarantee, recover, reverse, or protect external payment transactions and assumes no liability or responsibility for such transactions.

You authorize Metals Vault and its payment processors to collect, hold, deduct, remit, reverse, refund, transfer, delay, or recover funds where reasonably necessary to:

• process marketplace transactions;
• facilitate Safe Checkout functionality;
• collect fees;
• resolve disputes;
• comply with legal obligations;
• investigate fraud or abuse;
• comply with payment processor requirements; or
• enforce these Terms.

10A. Safe Checkout and Escrow Services

Metals Vault may offer an optional marketplace feature known as “Safe Checkout” for eligible marketplace transactions. Safe Checkout is an optional transaction facilitation feature selected by the seller at the time of listing creation. Buyers are responsible for all disclosed Safe Checkout fees, service fees, processing fees, shipping costs, insurance costs, taxes, and related charges associated with the transaction.

Safe Checkout is intended solely to facilitate payment processing, shipment coordination, dispute workflows, and optional escrow-related transaction handling for eligible transactions. Safe Checkout does not constitute:

• insurance;
• authentication;
• grading;
• appraisal services;
• guarantees of authenticity;
• guarantees of delivery;
• guarantees of condition;
• guarantees of legality;
• fiduciary services;
• banking services;
• custodial services;
• licensed escrow services; or
• buyer protection services.

Use of Safe Checkout does not create any fiduciary duty, agency relationship, trust relationship, insurance obligation, custodial obligation, or guarantee by Metals Vault.

For certain eligible Safe Checkout transactions exceeding a designated threshold amount determined by Metals Vault, funds may be temporarily held pending buyer confirmation of receipt or expiration of an automated release period. Such functionality is solely a limited payment workflow feature and does not constitute licensed escrow services.

Metals Vault reserves sole and absolute discretion regarding:

• eligibility for Safe Checkout;
• dispute review;
• dispute outcomes;
• return approvals;
• release of held funds;
• refunds;
• account restrictions;
• transaction reversals; and
• enforcement actions.

Safe Checkout dispute procedures, return workflows, escrow timelines, and transaction thresholds may be modified by Metals Vault at any time without notice.

Safe Checkout fees, platform fees, payment processing fees, and related service charges are non-refundable except where required by law or expressly stated otherwise by Metals Vault in writing.

Transactions completed outside of Safe Checkout are not eligible for platform-facilitated dispute handling, escrow workflows, payment recovery, or Safe Checkout protections.

Safe Checkout shipments are intended to utilize USPS Registered Mail, tracking, signature confirmation, and related shipment protections where applicable; however, Metals Vault does not guarantee carrier availability, shipment performance, insurance coverage, delivery outcomes, or carrier services.

Statements, claims, certifications, testing assertions, authenticity representations, grading claims, or guarantees made by sellers are solely those of the seller and are not verified, endorsed, authenticated, certified, or guaranteed by Metals Vault.

11. Platform Fees and Subscription Charges

Metals Vault may charge subscription fees, marketplace fees, Safe Checkout fees, payment processing fees, service fees, convenience fees, shipping-related fees, dispute-related fees, or other charges in connection with the Service.

Marketplace sellers may be required to maintain an active paid subscription plan in order to access marketplace listing or selling features.

Fees may be:

• charged at checkout;
• deducted from transaction proceeds;
• charged through mobile platform billing systems;
• charged through third-party payment processors; or
• otherwise disclosed through the Service.

Metals Vault reserves the right to establish, modify, increase, decrease, waive, or discontinue fees at any time in its sole discretion.

Unless otherwise required by law, all fees and charges are non-refundable.

12. Subscriptions and Auto-Renewal

Metals Vault may offer subscription-based services, including but not limited to Pro and Premium monthly plans. Subscription purchases made in the iOS application are processed through Apple’s App Store billing system.

By purchasing a subscription, you acknowledge and agree that:

• Your subscription will automatically renew unless canceled at least 24 hours before the end of the current billing period;
• Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period;
• You may manage or cancel your subscription in your Apple App Store account settings;
• Metals Vault does not control Apple billing and does not issue refunds for purchases processed by Apple, except where required by law.

13. Availability, Modifications, and Service Changes

We reserve the right to modify, suspend, discontinue, or restrict access to any part of the Service at any time, with or without notice. We do not guarantee that the Service will always be available, secure, uninterrupted, timely, or error-free.

14. Verification, Trust Indicators, and Seller Status

Metals Vault may offer optional or mandatory account verification features, seller verification processes, identity review procedures, payment account review procedures, trust indicators, badges, account labels, account standing indicators, or similar marketplace features.

Any verification status, badge, label, trust indicator, seller designation, or account standing provided through the Service is solely informational and does not constitute:

• authentication;
• certification;
• endorsement;
• background screening;
• financial review;
• fraud prevention;
• identity guarantees;
• guarantees of legitimacy;
• guarantees of authenticity;
• guarantees of performance; or
• representations by Metals Vault regarding any user or transaction.

Metals Vault does not independently verify the truthfulness, legality, accuracy, authenticity, ownership, condition, purity, grading, testing, certifications, or legitimacy of user listings, seller representations, communications, or marketplace activity.

Users are solely responsible for conducting their own due diligence before entering into any transaction.

Metals Vault reserves the right, but not the obligation, to require identity verification, suspend verification status, revoke marketplace privileges, remove listings, restrict account functionality, deny access to marketplace services, or permanently ban users at any time in its sole discretion.

15. Disputes Between Users and Safe Checkout Discretion

Any dispute arising between users, including disputes relating to authenticity, counterfeit claims, item condition, grading, valuation, purity, delivery, shipment loss, carrier delays, missing items, damaged items, refunds, returns, payment issues, communications, fraud, or conduct, is solely between those users.

Metals Vault has no obligation to investigate, mediate, resolve, reimburse, recover, enforce, or guarantee resolution of disputes between users.

For eligible Safe Checkout transactions only, Metals Vault may, in its sole discretion, review certain disputes and facilitate limited dispute-handling workflows. Any dispute review, refund decision, return authorization, account action, or release of funds performed by Metals Vault is discretionary, non-binding, and does not create liability or responsibility for the underlying transaction.

Metals Vault reserves sole discretion in evaluating evidence, communications, shipment information, tracking records, delivery confirmations, authenticity claims, return eligibility, refund eligibility, and dispute outcomes.

Metals Vault may deny, close, limit, suspend, or refuse disputes for any reason, including failure to comply with applicable dispute procedures, time limitations, documentation requirements, shipment requirements, or Safe Checkout eligibility rules.

Users acknowledge that marketplace transactions inherently involve risk, including fraud, counterfeit items, shipment issues, carrier errors, market volatility, and disputes regarding subjective item characteristics.

16. No Financial, Investment, Tax, Legal, Authentication, or Appraisal Advice

Any information, tools, calculations, analytics, pricing references, spot price data, gain or loss calculations, historical data, charts, portfolio information, market commentary, estimated values, collection tracking features, or other content made available through the Service is provided solely for general informational purposes.

Metals Vault does not provide:

• financial advice;
• investment advice;
• tax advice;
• legal advice;
• accounting advice;
• appraisal services;
• authentication services;
• grading services;
• valuation guarantees; or
• professional recommendations of any kind.

Precious metals, collectibles, numismatic products, and related assets are inherently volatile and speculative. Market prices, premiums, spreads, collectible values, grading opinions, and liquidity may fluctuate significantly and rapidly.

Spot price information, portfolio values, gain or loss calculations, estimated values, historical pricing, and analytics displayed through the Service may be delayed, incomplete, inaccurate, or unavailable.

Users are solely responsible for conducting independent due diligence and consulting qualified professionals before making financial, investment, tax, legal, purchasing, selling, or collection-related decisions.

Use of the Service is entirely at your own risk.

17. Intellectual Property

The Service, including its design, software, text, graphics, logos, trademarks, interfaces, and content owned by Metals Vault, is protected by intellectual property laws. Except as expressly permitted, you may not copy, reproduce, distribute, modify, reverse engineer, or create derivative works from the Service.

18. User Content

By submitting listings, images, profile information, messages, reviews, or other content through the Service, you grant Metals Vault a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, host, store, reproduce, adapt, publish, display, and distribute such content for the purpose of operating, improving, promoting, securing, and enforcing the Service.

You represent and warrant that you own or control all rights necessary to grant this license.

18A. Communications, Content Moderation, and Record Retention

Metals Vault may, but is not obligated to, monitor, review, preserve, access, disclose, archive, or remove listings, messages, communications, transaction records, dispute records, uploaded files, account information, or other content where reasonably necessary to:

• operate the Service;
• investigate fraud, abuse, harassment, scams, counterfeit activity, or policy violations;
• facilitate disputes or transaction reviews;
• comply with legal obligations, court orders, subpoenas, or law enforcement requests;
• protect users, payment processors, service providers, or the Service; or
• enforce these Terms.

Users may be permitted to edit, unsend, archive, or delete certain messages or content through the Service. Such actions may not permanently remove records from Metals Vault systems, backups, logs, dispute records, or compliance archives.

Metals Vault may retain account records, marketplace records, transaction history, communications, dispute evidence, and related information for legal, compliance, fraud prevention, accounting, tax, operational, security, enforcement, and evidentiary purposes, including after account closure, account deletion requests, or account bans.

Listings removed by users may remain archived internally for operational, compliance, fraud prevention, dispute resolution, or legal purposes.

19. Third-Party Services

The Service may integrate with or rely on third-party services, including payment processors, hosting providers, analytics providers, push notification providers, authentication services, and mobile platform providers. Metals Vault is not responsible for the acts, omissions, terms, privacy practices, availability, or functionality of third-party services.

20. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. METALS VAULT DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, METALS VAULT DOES NOT WARRANT THAT THE SERVICE, ANY LISTING, ANY USER, ANY TRANSACTION, OR ANY CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SAFE, LAWFUL, AVAILABLE, SECURE, OR FREE OF DEFECTS, ERRORS, HARMFUL CODE, FRAUD, THEFT, OR INTERRUPTION.

21. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, METALS VAULT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE.

THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT METALS VAULT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, METALS VAULT’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO METALS VAULT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00).

22. Release

To the fullest extent permitted by law, you release Metals Vault and its affiliates, officers, directors, employees, agents, and service providers from all claims, demands, and damages arising out of or related to disputes between users, marketplace transactions, payment disputes, shipping issues, product quality, fraud, misrepresentation, or other acts or omissions of third parties.

23. Indemnification

You agree to defend, indemnify, and hold harmless Metals Vault, its parent companies, affiliates, subsidiaries, officers, directors, employees, contractors, agents, licensors, service providers, and partners from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys’ fees) arising from:

• Your access to or use of the Service;
• Your violation of any provision of these Terms;
• Your violation of any applicable law or regulation;
• Your listings, transactions, communications, or interactions with other users;
• Your infringement or misappropriation of any third-party rights, including intellectual property rights;
• Any dispute between you and another user.

24. Arbitration Agreement

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if they qualify.

Before initiating arbitration, you and Metals Vault agree to first attempt to resolve any dispute informally by contacting the other party in writing and allowing thirty (30) days for resolution attempts.

The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) and shall take place in the State of California, unless otherwise required by applicable law.

You and Metals Vault agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

25. Class Action Waiver

To the fullest extent permitted by law, you waive any right to participate in a class action lawsuit, class-wide arbitration, or any other representative proceeding against Metals Vault.

26. Governing Law

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

27. International Use

Metals Vault makes no representation that the Service is appropriate or available for use outside of the United States. Users who access the Service from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.

28. Compliance with Laws

You agree to comply with all applicable laws, regulations, and rules, including but not limited to consumer protection laws, tax obligations, export control laws, anti-money laundering laws, and any laws governing the sale and distribution of precious metals or collectibles.

29. Electronic Communications

By using the Service, you consent to receive communications from Metals Vault electronically, including via email, in-app notifications, or other electronic means. You agree that all agreements, notices, disclosures, and communications that we provide electronically satisfy any legal requirement that such communications be in writing.

30. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Metals Vault. Metals Vault may assign or transfer these Terms at any time without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

31. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect.

32. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure of Metals Vault to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

33. Entire Agreement

These Terms, together with the Privacy Policy and any additional agreements referenced herein, constitute the entire agreement between you and Metals Vault regarding the Service and supersede all prior and contemporaneous agreements, understandings, or representations.

34. Apple App Store Terms

If you access or use the Service through an iOS application obtained from Apple’s App Store, you acknowledge and agree that:

• These Terms are entered into solely between you and Metals Vault, and not with Apple;
• Apple is not responsible for the Service or its content;
• Apple has no obligation whatsoever to furnish maintenance or support services for the Service;
• Apple is not responsible for addressing claims relating to the Service, including product liability claims, legal compliance claims, consumer protection claims, intellectual property claims, or regulatory claims;
• In the event of any failure of the Service to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price for the application to the extent required under applicable law;
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as a third-party beneficiary;
• You are granted a limited, non-transferable license to use the iOS application on Apple-branded products that you own or control, and as otherwise permitted by the Apple Media Services Terms and Conditions, including Family Sharing or volume purchasing where applicable;
• You agree to comply with all applicable third-party terms of agreement when using the Service, including terms from payment processors, carriers, wireless data providers, authentication providers, and other third-party services integrated with the Service.

You represent and warrant that:

• you are not located in a country subject to a U.S. Government embargo; and
• you are not listed on any U.S. Government prohibited or restricted parties list.

35. Contact Information

If you have any questions about these Terms, you may contact us at:

G & M Enterprises LLC, d.b.a Metals Vault
[email protected]
1401 21ST ST STE R
SACRAMENTO, CA 95811