Last updated
October 23 2023

Terms and Conditions of Use

Purpose

These Terms and Conditions of Use (“Terms of Use”) apply to “Precious Metals Manager” through a mobile application (“Application”) provided Precious Metals Manager.

Definitions

The terms and definitions used on the terms are:

  • The “User” is the person who signs the Terms and Conditions of Use.

  • The “Agreement for Use” is the contract between the user and Precious Metals Manager for using the Application.

  • The “Services” are all the services provided by Precious Metals Manager through the Application.

Effect of and Changes to the Terms of Use

  • The Terms of use will take effect when the Precious Metals Manager notifies a User of these Terms of Use by posting them on Precious Metals Manager’s Application, promotional site, or by using other methods (via text, e-mail, messenger, etc.).

  • Precious Metals Manager may modify these Terms of Use, if needed, to the extent that it does not violate relevant laws and regulations. If the terms are modified they will posted in a manner prescribed above, or send individual notices to Users, regarding both the previous and modified versions of the Terms of Use, effective date, and reasons for the modification for a period starting seven (7) days before the effective date and ending one (1) day before the effective date. Provided, however, any change to a User’s significant rights or obligations shall be announced or notified to the User thirty (30) days before the effective date in a manner prescribed above.

  • A User agrees on the Terms of Use by using the Application in case the User does not expressly reject the modification within the above period. A User who does not accept the modified Terms of Use may not be able to use the Services and the User may suspend use of Services and terminate the Agreement for Use within the above period.

Privacy Policy and Operation Policy

Precious Metals Manager is responsible for handling and protecting the User’s privacy in accordance with relevant laws and regulations.

Obligations of Precious Metals Manager

Precious Metals Manager shall comply with the laws and regulations and these Terms of Use in good faith.

Precious Metals Manager shall make every effort to repair or restore, without delay, facility failures or data loss/damages that may occur while improving the Services in order to provide the Services in a more continuous and stable way, unless such inevitable situations as to force majeure events, emergencies or failures/defects occur for which there currently are no technological solutions available.

Obligations of a User

A User shall comply with these Terms of Use. A User shall NOT:

  • Pay with illegal payment methods;
  • Copy, disassemble, imitate, or otherwise modify the Services through reverse engineering, decompiling, disassembling, or any other processing methods;
  • Infringe on personal rights or intellectual property rights of Precious Metals Manager and/or a third party, including the right of portrait, right of name, publicity right, and copyright;
  • Damage the reputation of Precious Metals Manager;
  • Impersonate employees or other related parties of Precious Metals Manager;
  • Use the Services for purposes other than as prescribed without Precious Metals Manager’s consent, such as for-profit, sales promotion, advertisement, publicity, political activities or election campaigns, etc.;

User is responsible for the management of his or her account and mobile device and should not allow others to use them. Precious Metals Manager is not responsible for any damages caused by poor management of the mobile device or giving consent to others to use the account or the mobile device.

Provision of Service

  • The Services shall be available for use on a 24/7 basis except for maintenance, technical or operational reasons.

  • Precious Metals Manager may suspend the Services temporarily without prior announcement or notice in cases of:

    • Urgent system checks, expansions, replacements, breakdowns, or malfunctions;
    • National emergencies, power outages, natural disasters, or other force majeure events equivalent thereto;
    • Suspension of telecommunications services by facilities-based telecommunications business operator set forth under the Telecommunications Business Act;
    • Service disruptions due to capacity overload, etc; or
    • Financial or economical reasons;

In case of a service suspension due to any of the items in the preceding provision, Precious Metals Manager shall make prior notice of such suspension on the Application. Provided, however, in cases of service suspensions due to causes beyond Precious Metals Manager’s control and thus which cannot be announced in advance, these shall be notified afterward.

Change to and Suspension of the Services

Services may change over the time for operational and technical purposes to provide better Services. If the Services are modified in a way that results in the removal of part of the Services, Precious Metals Manager shall notify the User of such changes prior to the effective date of change of the Application.

The Services may be suspended under circumstances in which Precious Metals Manager is unable to provide the Services due to business discontinuation such as business transfer, split, merge; expiration of an agreement with a third party; or critical management issues like a dramatic drop in profit. Precious Metals Manager will notify the User of the Services suspension the

Precious Metals Manager may suspend the whole of the Services under circumstances in which Precious Metals Manager is unable to continue providing the Services due to business discontinuation such as business transfer, split, merge; expiration of an agreement executed with a third party for providing Service; or critical management issues such as a dramatic drop in profit of Services. In such cases, Precious Metals Manager shall notify the User of the service suspension on the the Application or the Application promotional site (https://preciousmetalsmanager.com), stating the date and reason for the suspension, thirty (30) days before the suspension date, and notify the Users in ways prescribed above.

Purchases

The Application may offer services for purchase (“in app purchases”) through the App Store. If you choose to make an in app purchase, you will be prompted to confirm your purchase. You will be charged for the in app purchase at the prices displayed to you for the service(s) you’ve selected, and you authorize the App Store to charge you.

If the payment is made in foreign currency, the amount actually billed may differ from the displayed amount due to exchange rates and fees.

Auto-Renewal; Automatic Card Payment

If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, your subscription will automatically continue for an indefinite period of time, at the price you agreed to when subscribing unless you cancel your subscription before the renewal date. Your card payment information will be subsequently used for the automatic payment in accordance with the Agreement.

Objections to a payment already made should be directed to Customer Support. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits.

If you want to change or terminate your subscription, you can log in to the App Store and follow the instructions to terminate or cancel your subscription. More details here. Deleting the Precious Metals Manager application form your device does not terminate or cancel your subscription. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

For members who reside in Germany, you may terminate your subscription after it has renewed with a notice period of one-month, and your rights to terminate for cause remains unaffected.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in the EU or European Economic Area - in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

For subscribers in the Republic of Korea - in accordance with local law, you are entitled to a full refund of your subscription during th 7 days following the purchase. Please note that this 7-day period commences when the subscription starts.

Purchases made using your Apple ID are handled by Apple, not Precious Metals Manager. To request a refund, go to the App Store, click on your Apple ID, select “Purchase history”, find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

Limitation of Liability

PRECIOUS METALS MANAGER DOES NOT PROVIDE FINANCIAL ADVICE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRECIOUS METALS MANAGER, ITS AFFILIATED, EMPLOYEES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) ALTERATION OF YOUR CONTENT, EVEN IF PRECIOUS METALS MANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PRECIOUS METALS MANAGER’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO PRECIOUS METALS MANAGER FOR THE SERVICE.

PRICES ARE PROVIDED FOR INFORMATION PURPOSES AND SHOULD NOT BE CONSTRUED AS AN OFFER TO BUY OR SELL, OR SOLICITATION OF AN OFFER TO BUY OR SELL, GOLD, SILVER, PLATINUM, PALLADIUM OR ANY OTHER PRODUCT, SECURITY OR INVESTMENT. PRECIOUS METALS MANAGER CANNOT GUARANTEE THE SPOT PRICES ACCURACY AND DOES NOT ACCEPT RESPONSABILITY FOR ANY LOSSES OR DAMAGES ARISING DIRECLY, OR INDIRECLY, FROM THE USE OF THE PRICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

App Lock

You can enable biometric locking and unlocking utilizing your phone’s fingerprint or face detection capabilities.

Turn biometric access on:

  1. Tap the settings icon on the top left corner > Settings > Tap App Lock.
  2. Toggle On.
  3. Use your face ID or fingerprint to unlock the Precious Metals Manager App.

Turn biometric access off:

  1. Tap the settings icon on the top left corner > Settings > Tap App Lock.
  2. Toggle Off to disable.

Note: If you disable device fingerprint or face ID on your phone’s settings, the app lock feature will still work using a device PIN/Passcode used to unlock your phone. When you disable the biometrics and the PIN/Passcode on your phone, please ensure your Precious Metals Manager “App Lock” is also disabled.