Last Updated: April 04, 2022
These Terms and Conditions for the Trust Card, including all attached and referenced exhibits and appendices (collectively, this “Agreement”), sets forth the terms and conditions of the Trust Card (the “Card”), and is made and entered into by and between Trust Software, Inc., a Delaware corporation (“Trust”), and the entity or sole proprietor which has requested or been issued a Card (“Cardholder,” “you” or “your”) as of the date Cardholder first uses or activates the Card (the “Effective Date”). Trust and Cardholder may each be referred to herein as a “Party” and collectively as the “Parties.” The words “Cardholder,” “you” and “your” includes the officers, agents, employees and representatives who have been authorized to use the Card or have been otherwise issued a Card.
By applying for, using or activating the Card, you signify that you have read, understood, and agree to be bound by this Agreement, to the collection and use of your information as set forth in Trust’s Privacy Policy, and Trust Terms of Service (the “Trust Terms”), each of which is hereby incorporated by reference. Capitalized terms used but not defined herein have the meaning set forth in the Trust Terms. In the event of a conflict or inconsistency between a provision of this Agreement and a provision of the Trust Terms, the provision set forth herein shall control to the extent the conflict or inconsistency relates to the Card or the services under this Agreement. This Agreement is hereby incorporated by reference into the Trust Terms, with any proviso that references “the Terms of Service” being understood as a reference to the Trust Terms and this Agreement, and any proviso that references “Service” or “Services” in the Trust Terms being understood to include the Card services contemplated by this Agreement.
ARBITRATION NOTICE: YOU ARE BOUND BY THE ARBITRATION PROVISION SET FORTH LATER IN THIS AGREEMENT. YOU AND TRUST WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. The Card
The Card may be used to access disbursements made by Trust. You may access the funds loaded on your Card by using your Card or card number. The Card is neither a credit card nor a gift card, and is not intended for gifting purposes. You will not receive any interest on funds on the Card. If you attempt to use the Card after its expiration date, the transactions may not be processed. If there is a balance remaining on your Card upon expiration, the balance will be returned to Trust. Your Card does not constitute a checking or savings account and is not connected in any way to any other account you may have. The Card will remain the property of the issuer and must be surrendered upon demand by Trust or issuer. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice, subject to applicable law.
You agree that the Card will not be used for personal, family, and household purposes and will only be used for business uses or purposes. You may not use the Card for illegal gambling or any other illegal transaction. We reserve the right to cancel, close or restrict use of the Card, including by refusing the processing of any transaction, if we believe you have violated this Agreement or any applicable law. Trust has the right to determine whether you qualify for the Card in its sole discretion, and may cancel or deny you a Card with or without cause, subject to law. Trust similarly may limit which merchants you may use the Card at (see Section 3 below for additional details).
2. Advances
Subject to the terms of this Agreement, Trust may, in its sole discretion, disburse to you an initial advance (the “Initial Advance”). Upon your repayment to Trust of the Initial Advance, you may be eligible for, and Trust may disburse to you, subsequent advances, provided that each immediately preceding advance is paid in full pursuant to the terms hereof. The Initial Advance and the subsequent advances are individually and collectively referred to herein as the “Advances.” You must pay the Advance no later than forty-five (45) days of the date the Advance was disbursed to you or loaded onto the Card. The Advances may be accessed through the Card and only used in compliance with law and the terms of this Agreement. Trust is under no obligation to provide you with an Advance, and Trust may, in its sole and absolute discretion, with or without cause, refuse to provide you with an Advance, subject to applicable law. Without limiting the generality of the foregoing, Trust will not provide you with any subsequent Advance if you violate the terms of this Agreement and may decline to provide a subsequent Advance if an Advance is not repaid within forty-five (45) days of the date the Advance was disbursed to you or loaded onto the Card. Trust retains the right to deduct funds from your Card in order to correct an error or over-payment to you or for any other reasons. If you fail to repay any Advance, Trust may set off against any funds loaded on your Card that remain unspent. You hereby authorize the issuer of the Card to accept instructions from Trust to add or deduct funds from your Card, and, in the case of a deduction, to return those funds to Trust. If you have a dispute with Trust about the amount that Trust has instructed the issuer to load onto or deduct from your Card, you agree not to involve the issuer in that dispute and to resolve that dispute solely with Trust.
If you breach any term of this Agreement, you shall be liable for immediate repayment of the entire Advance amount, all transactions (and corresponding payment amounts) initiated or conducted using the Card and any other amount owing and payable under or in connection with this Agreement.
In the Event of Default, Trust may declare the entire unpaid Advance to be immediately due and payable. Trust may suspend or terminate any obligation it may have hereunder to make additional Advances. An “Event of Default” shall exist under the terms of this Agreement if any of the following shall occur: (a) you shall fail to make the payment of principal, interest or other amounts (including unpaid balance of an Advance) with respect to this Agreement in compliance with the terms of this Agreement; (b) you shall fail to perform or observe any covenant, agreement, condition or obligation in this Agreement; (c) you shall liquidate, make an assignment for the benefit of creditors, file a petition in bankruptcy, be adjudicated insolvent or bankrupt, petition or apply to any tribunal for the appointment of a receiver or trustee for its or a substantial part of its assets, or shall commence any proceeding under any debtor relief law of any jurisdiction, whether now or hereafter in effect, or if there shall have been filed any such petition or application, or any such proceeding shall have been commenced against you, which remains undismissed for a period of ninety (90) days or more, or you, by any act or omission, shall consent to, approve of or acquiesce in any such petition, application or proceeding or the appointment of a receiver or trustee, or shall suffer any such receivership or trusteeship to continue undischarged for a period of sixty (60) days or more; (d) you breach any representation or warranty in this Agreement; (e) there exists or occurs any event or condition which Trust believes (in its own discretion) impairs, or is likely to impair, the prospect of payment or performance by you; or (f) you shall fail to provide Trust with financial statements or information reasonably requested by Trust within thirty (30) days of the Trust’s request. In the Event of Default, we may report information about your Card and performance to credit bureaus. This information may be reflected in your business credit report.
If applicable, you will reasonably cooperate with Trust in completing and filing documents required under the provisions of any applicable tax law or under any other applicable law in connection with the making of any required tax payment or withholding payment, or in connection with any claim to a refund of or credit for any such payment. You are responsible and liable for paying all taxes associated with any Advance or transaction contemplated hereunder.
3. Use of the Card and Risk Monitoring
Subject to the terms of this Agreement, the Advance may only be accessed by you through the Card. You may only use the Card pursuant to the terms of this Agreement and the cardholder agreement governing the Card (the “Cardholder Agreement”). You agree to the terms and conditions of the Cardholder Agreement available at http://www.stripe.com/card-program/legal that are applicable to Authorized Users (as defined in the Cardholder Agreement). If you are accessing a Card, Trust authorizes you to transact business using the Card as an Authorized User (as defined in the Cardholder Agreement), unless such authorization is revoked or rescinded by Trust. You agree that you are liable for any breach of the Cardholder Agreement and shall indemnify and hold harmless Trust and its affiliates, and the officers, directors, members, employees, representatives, shareholders, agents and attorneys of such entities from and against any and all claims, actions, liability, judgments, damages, costs and expenses, including reasonable attorneys’ fees, that may arise from (a) your actions or omissions in connection with the Card; (b) your breach of any terms of the Cardholder Agreement; or (c) any loss or theft of, or fraudulent transactions related to, the Card. You hereby waive any rights to dispute fraudulent or erroneous transactions related to the Card.
You agree that you will only use the Advance and Card at vendors and merchants approved by Trust and disclosed to you in writing from time to time (“Approved Vendors”). The Advance and Card may only be used for business purposes. You may only use the Card or Advance with Approved Vendors for eligible goods and services, including the purchase of advertisements from Approved Vendors, as determined by Trust and disclosed to you from time to time.
In an effort to manage Trust’s risk, Trust may monitor your transactions and Card use activity for high-risk practices or for fraudulent or unauthorized transactions. If Trust believes there is suspicious or unusual activity or any transaction that violates the terms of this Agreement, as each is determined in its sole discretion, Trust may temporarily suspend your Card, and disclose such transaction information to its partners. Trust may terminate or suspend your access to the Card at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
4. Linked Account
You must link your business bank account using the services of Plaid Inc. (“Plaid”, and such linked account, the “Linked Account”). You agree to abide by the terms of service of Plaid, available here, and agree to the privacy policy of Plaid, available here. You represent and warrant that you are the owner of the Linked Account, the Linked Account is a business account used solely for business purposes, and you are authorized to disclose any information related to such account to Trust for its use.
Trust may use any and all data collected in connection with your Linked Account for purposes permitted by the Trust Privacy Policy [Hyperlink], which may include for diligence, risk mitigation, fraud prevention and other business purposes.
You hereby authorize us to deduct from your Linked Account the full repayment of the Advance advanced hereunder on or around the forty-fifth (45th) day following the date the Advance was disbursed to you or loaded onto the Card. In the event the forty-fifth (45th) day is not a business day, Trust will debit your Linked Account on the next business day. You understand this authorization will remain in effect until revoked by you in writing to Trust. To change or terminate this authorization, you agree to provide five (5) days’ prior written notice to Trust. Trust may also terminate this authorization for any reason. If this authorization is terminated, you agree to make payments hereunder to Trust by other methods permitted by Trust. You understand that it will still be responsible for the entire advanced amount. In the event Trust issues an invoice to you instead of deducting the applicable amount from the Linked Account, you will repay the amounts set forth in the invoice in accordance with the terms of the invoice and this Agreement.
All payments shall be made in lawful money of the United States of America. You may prepay an Advance at any time without penalty. If action is instituted to collect on this Agreement, you promise to pay all of Trust’s costs and expenses, including reasonable attorney’s fees, incurred in connection with such action.
5. Authorized User
a. Access to and Liability for Cards. Trust will provide access to one or more Cards for use by eligible employees and consultants of yours that have been authorized to use the Card on behalf of you (“Authorized Users”) in accordance with this Agreement. You are responsible for selecting who in your organization should have access to a Card. You may allow Authorized Users to utilize Cards for commercial purposes, payable by you. You shall not make Cards available to anyone who is not an Authorized User. Notwithstanding anything to the contrary, you are responsible for all transactions initiated and fees incurred by use of the Card, subject to applicable law. Without limiting the foregoing, if you permit another person to have access to the Card, this will be treated as if you authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms of this Agreement, subject to applicable law. For the avoidance of doubt, you must pay us for all charges made by any person who you grant access to your Card, including charges for which you may not have intended to be responsible. In addition, you must pay us all fees that may become due under the terms of this Agreement in connection with such charges or any actions or omissions of any person who you grant access to your Card. You and Authorized Users may only use the Card only if you and your Authorized Users consent to the terms set forth in this Agreement. You shall indemnify Trust for all claims, losses and liability arising out of or relating to your Authorized Users.
b. Card Terms. We may send account materials (cards, statements and notices) to you, and that you will be responsible for delivering those materials to Authorized Users. Notice to you or an Authorized User will be considered notice to both you and the Authorized User. By requesting a Card for an Authorized User, you authorize the Authorized User to use the Card to the same extent you can, including but not limited to making any purchases, and allowing others to use the Card.
c. Managing your Card. You must specify at least one Authorized User that is authorized to act on behalf of you and manage Cards through Trust’s platform services (each, an “Administrator”). Administrators can add, remove, and manage Authorized Users; request and manage Cards; view transactions; run reports and download statements; provide or update your information; and perform other tasks on your behalf. You will also designate one Administrator as an “Owner Administrator” with authority to add, remove, and manage additional Administrators and to review and bind you to this Agreement. You are responsible for any actions or failure to act on the part of Owner Administrator, Administrators, Authorized Users, and those using credentials issued to Administrators to access the Card. TRUST DOES NOT WARRANT THAT USE OF THE CARD WILL BE UNINTERRUPTED OR ERROR-FREE, AND DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
d. Security and Monitoring of Access to the Services. You agree to keep any login credentials to Trust’s platform secure and only provide access to individuals that you have authorized to manage Cards. You will immediately disable Authorized User(s) access to Trust’s platform or services if it believes one or more Cards have been compromised or stolen or may be misused, and you will promptly notify Trust of any unauthorized access or use. Trust may help you resolve unauthorized transactions using Cards, but you remain ultimately responsible for financial loss caused by Owner Administrators, Administrators, Authorized Users, or other persons given access to the Trust services or Cards. Trust may suspend access to the Cards if Trust believes your access to the Trust services or Cards have been compromised or that not doing so may pose a risk to you, Trust, or any third parties.
e. Requesting and Replacing Cards.
1. Administrators may request Cards for Authorized Users through the Trust services. Cards may be denied or canceled due to changes Trust’s policies, as required by law, or for other reasons Trust determines are appropriate under the circumstances. Where Trust enables such functionality, Cards may be issued to Authorized Users as virtual or physical cards.
2. You will promptly notify Trust and take appropriate measures to prevent unauthorized transactions when a Card is lost, stolen, breached, or needs to be replaced. In such cases, Administrators may request the issuance of replacement Cards through the Trust services. Replacement Cards may have new account numbers that will require Authorized Users to update the Card on file for any scheduled or recurring payments. If Authorized Users do not update the Card for scheduled or recurring payments, the transactions may not be completed. You are solely responsible for updating Cards stored with merchants where account numbers have been changed.
f. Disputes with Approved Vendors. In the event of a dispute with Approved Vendors regarding the product or service that is the subject of a charge, you should first contact or attempt to contact the Approved Vendor to resolve the dispute. If the disputed charge is not appropriately resolved with the Approved Vendor, then you may initiate a chargeback of the charge by contacting Trust. You acknowledge that Card issuer and Trust are subject to the Card network rules with respect to chargebacks and may not be able to successfully charge back the disputed charge. If you believe a charge was unauthorized, or if you believe any statements contain errors, you should contact Trust immediately. You must report any disputed charge or error no more than 60 days after the disputed charge posted to your account. Notices for disputed charges must specify your details, details about the Authorized User, details about the disputed charge, and an explanation of your belief that the disputed charge was made in error or was unauthorized. We will review the information submitted in a commercially reasonable manner. To avoid late fees and sustained reduction to your funds, you should pay the disputed charge while Trust determines the validity of the dispute, except where a provisional credit has been issued. If the dispute is deemed valid, Card issuer and Trust will credit the disputed charge amount back to your Card. Any liability incurred hereunder is modified to the extent required to comply with applicable law.
g. Disputes with Authorized Users. In the event of a dispute regarding Authorized Users, you agree that Trust is not obligated to adjudicate any such dispute and may continue to honor instructions from any designated Administrator, Owner Administrator or Authorized User, or suspend the Card or limit use of the Services unless and until the dispute is resolved, in our sole discretion. You will not allow any unauthorized person to use the Services. You will immediately disable Authorized User access to the Services or limit permissions where you know or suspect your Card has been compromised or may be misused or where you know or believe a User’s Credentials are compromised or lost; and you will promptly notify us of any unauthorized access or use of your Card or the Services. Unless we have received notice and canceled the Card, use of a Card by an Authorized User at any time, even if the Authorized User is no longer associated with or employed by you, does not constitute unauthorized use.
6. Term
The term of this Agreement shall commence upon the Effective Date and shall continue in full force and effect for as long as the Card is in use. Notwithstanding anything to the contrary contained in this Agreement, either Party may terminate this Agreement for any reason upon no less than five (5) days’ prior written notice to the other Party. The expiration or termination of this Agreement for any reason shall not affect the obligations of the Parties through the date of such termination or expiration in accordance with this Agreement; or any rights of any Party to enforce any obligation of any other Party accrued through the date of such termination or expiration. For the avoidance of doubt, termination shall not relieve you of any payment obligations under this Agreement.
7. Representations, Warranties and Covenants
You represent, warrant and covenant that: (a) you are either a corporation duly incorporated, a limited liability company duly formed, or a sole proprietorship, validly existing and in good standing under the laws of the jurisdiction of its formation, with the requisite power and authority to own, lease and operate its assets and properties and to carry on its business as presently conducted; (b) you are duly qualified to conduct business and is in good standing in each jurisdiction in which the nature of the business conducted or property owned by it makes such qualification necessary; (c) you have the authority and the right to enter into this Agreement and to perform its obligations hereunder and that its obligations hereunder are not in conflict with any obligation it has to any third party; (d) your entry into and performance under this Agreement shall not conflict with or cause a default under any other agreement to which it is a party, or it is bound in any manner that would materially and adversely affect its ability to perform its obligations hereunder; (e) you have complied, and will continue to comply with, all applicable laws and any written instructions of Trust; (f) you are not contemplating closing its business and have not commenced any case or proceeding seeking protection under any bankruptcy or insolvency law, or had any such case or proceeding commenced against it; (g) to the extent requested by Trust, you will deliver information to Trust regarding your business and financial condition; and (h) you will promptly give written notice to Trust of any action, suit, investigation or proceeding pending or threatened against you.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORTS OR STRICT LIABILITY, SHALL TRUST BE LIABLE FOR ANY GENERAL, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO: (A) THIS AGREEMENT; (B) YOUR USE OR A DELAY OR INABILITY TO USE THE CARD OR ANY THIRD-PARTY SERVICES; (C) ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED BY OR OBTAINED FROM TRUST; OR (D) ANY OTHER INTERACTIONS WITH TRUST, EVEN IF TRUST HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, INTELLECTUAL PROPERTY INFRINGEMENT OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY RECORD.
YOU AGREE THAT IF THE FOREGOING IS UNENFORCEABLE, OR ANY DISPUTE, CLAIM, LAWSUIT OR COURT PROCEEDING IS PERMITTED UNDER THE AGREEMENT, THE AGGREGATE LIABILITY OF TRUST TO YOU FOR ALL CLAIMS OR DISPUTES ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR PRODUCTS OFFERED OR CONTEMPLATED HEREUNDER, INCLUDING THE CARD, OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO TRUST UNDER THIS AGREEMENT AND (B) $100.
9. Indemnification
You agree to defend, indemnify and hold Trust, its affiliates, the Card issuer and each of their respective subsidiaries, affiliates, officers, directors, agents, service providers, partners, supplies, joint venturers, employees, and consultants (collectively, the “Indemnified Parties”) harmless from and against any damages, awards, judgments, settlement amounts, fines, penalties, losses, costs and expenses (including reasonable legal fees and expenses and costs of investigation) and other liabilities arising out of any lawsuit, action, claim, demand, administrative action, arbitration or other legal proceeding brought or asserted against any Indemnitee Parties as a result of or in connection with: (a) your action or omission, including your use of the Card and the action or omission of any Authorized User; (b) violation of this Agreement or any applicable law by you; (c) any infringement or violation, or alleged infringement or alleged violation, of a third party’s intellectual property rights; or (d) your negligence or willful misconduct.
10. Confidentiality
You agree to be bound by the confidentiality obligations set forth in the Trust Terms. Section 11 of the Trust Terms is hereby incorporated by reference into this Agreement, with the proviso that references in Section 11 of the Trust Terms to “these Terms” will mean this Agreement, and together with any other necessary conforming changes. Notwithstanding the foregoing, you may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that you will first have given written notice to Trust and made a reasonable effort to obtain a protective order; or (ii) to establish your rights under this Agreement, including to make required court filings. On the expiration or termination of the Agreement, you will promptly return to Trust all copies, whether in written, electronic, or other form or media, of Trust’s Confidential Information. Your obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five years from the date first disclosed to you; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.
11. Disclaimer
You acknowledge and agree that the services and products provided hereunder (a) are a beta release offering; (b) may contain errors, bugs or other problems and therefore may not operate properly, be in final form or be fully functional; and (c) may contain (in Trust’s sole discretion) more or fewer features or different terms than subsequent releases or versions of the services or products provided hereunder. ALL SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND TRUST HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TRUST SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TRUST MAKES NO WARRANTY OF ANY KIND THAT ANY PRODUCTS OR SERVICES WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
12. Miscellaneous
Section 13 of the Trust Terms is hereby incorporated by reference into this Agreement, with the proviso that references in Section 13 of the Trust Terms to “these Terms” will mean this Agreement, and together with any other necessary conforming changes. In no event will Trust be liable to you, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Trust’s reasonable control, including acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. Any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement shall survive and remain in effect in accordance with its terms upon the termination of this Agreement. All representations and warranties made by you in this Agreement shall survive the execution and delivery of this Agreement. Each Party has had an opportunity to review this Agreement with its respective legal counsel and this Agreement will be fairly interpreted in accordance with its terms and provisions without any strict construction in favor of or against either Party.
13. Reporting
You agree to provide Trust with periodic data and reports reasonably requested by it, including but not limited to: (i) a description of the results of your use and evaluation of the Card or the services or products of Trust, including any defects found in the services or products of Trust and any information necessary for Trust to evaluate such defects; and (ii) any recommendations by you for changes or modifications to the Card or Trust’s products or services. You agree that Trust shall have the right to use, in any manner and for any purpose, any information gained as a result of your use and evaluation of the Card or any services or products offered by Trust. Such information shall include but not be limited to changes, modifications, corrections and improvements to the services or products offered by Trust made by Trust at your suggestion. Trust will have the right to use, in its sole discretion, all such information, including (but not limited to) use by incorporation of such information into computer programs and documentation for assignment, license, or other transfer to third parties, without any duty to account to you.
14. Consent to Electronic Signatures and Communications
(a) By accepting this Agreement, you understand and agree that: (i) electronically signing and submitting any document(s) to Trust legally binds you in the same manner as if you had signed in a non-electronic form, and (ii) the electronically stored copy of your signature, any written instruction or authorization and any other document provided to you by Trust is considered to be a true, accurate and complete record, legally enforceable in any proceeding to the same extent as if such documents were originally generated and maintained in printed form. You agree not to contest the admissibility or enforceability of Trust’s electronically stored copy of this Agreement and any other documents.
(b) You understand that agreements, disclosures, notices, and other information regarding your Card, updates and changes to this Agreements, or other service agreements and other communications (collectively, “Communications”) may be provided to you electronically, and, by accepting this Agreement, you affirmatively consent and agree to receive all such Communications in an electronic form.
(c) Communications may be posted on the Trust websites, Trust’s mobile applicable made available to you, or delivered to your email address. You may print a paper copy of or download any electronic communication and retain it for your records. All Communications in electronic format will be considered to be “in writing,” and to have been received on the day of posting, whether or not you have received or retrieved the Communication. Trust reserves the right to provide Communications in paper format.
(d) Your consent to receive Communications electronically is valid until you revoke your consent by notifying Trust of your decision to do so by emailing Trust at support@trust.co. If you revoke your consent to receive Communications electronically, from that time forward you will lose your ability to use your Card or receive services or products from Trust. You accept sole liability for any losses, liabilities, cost, damages and expenses resulting from such an involuntary termination of the Card, to the extent permitted by law. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request.
(e) To access and retain electronic Communications, you will need a computer or mobile device with an operating system that supports the following (i) an internet connection; (ii) a current version of a web browser that Trust supports; (iii) a hard drive or other method of storing data; (iv) a valid, active email address; and (v) a current version of a program that displays PDF files.
Trust may update these requirements periodically in order to maintain its ability to provide electronic Communications.
(f) In the event that your e-mail address or other contact information changes, you must notify Trust through of such changes immediately by emailing support@trust.co.