Terms of Service

Please read these terms carefully before using our escrow services. By using TrustGuard Pro, you agree to be bound by these terms.

Last Updated: January 15, 2025
Effective Date: January 1, 2025

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These Terms of Service ("Terms") constitute a legally binding agreement between you and TrustGuard Pro Escrow & Trust Inc. ("TrustGuard Pro," "we," "us," or "our") governing your use of our escrow services and website. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. As a California-licensed escrow company, we operate under strict regulatory requirements designed to protect all parties in financial transactions.

Acceptance of Terms

By creating an account, initiating a transaction, or otherwise using TrustGuard Pro's services, you represent and warrant that:

  • You are at least 18 years of age and have the legal capacity to enter into binding contracts
  • You have read and understood these Terms, our Privacy Policy, and all applicable service agreements
  • All information you provide is accurate, current, and complete to the best of your knowledge
  • You will comply with all applicable federal, state, and local laws and regulations
  • You are not located in a country subject to U.S. government embargo or designated as supporting terrorism
  • You are not listed on any U.S. government prohibited or restricted party list
  • If representing a business entity, you have the authority to bind that entity to these Terms

Important Legal Notice

If you do not agree to these Terms, you must not access or use our services. Your continued use of our services following any changes to these Terms constitutes acceptance of those changes. We may update these Terms at any time, and material changes will be communicated through email notification and website posting at least 30 days in advance.

Key Definitions

"Buyer"

The party purchasing goods, services, digital assets, real property, or other items in an escrow transaction. May also be referred to as the "Purchaser" or "Acquiring Party."

"Seller"

The party selling or transferring goods, services, digital assets, real property, or other items in an escrow transaction. May also be referred to as the "Vendor" or "Transferring Party."

"Transaction"

The complete exchange process including payment, delivery, inspection, and acceptance of goods, services, or assets facilitated through our escrow services.

"Escrow Account"

A segregated, FDIC-insured trust account where transaction funds are securely held until all agreed-upon conditions are satisfied.

"Broker" or "Agent"

An authorized third-party intermediary, such as a real estate agent, business broker, or domain broker, who facilitates transactions between buyers and sellers.

"Escrow Instructions"

Written instructions signed by all parties that detail the terms, conditions, and procedures for completing the escrow transaction.

"Milestone Payment"

A partial payment released upon completion of specific project phases or deliverables as agreed upon by the transaction parties.

"Inspection Period"

The agreed-upon timeframe during which the buyer may inspect, test, or evaluate delivered items before accepting or rejecting them.

Escrow Services

Service Description

TrustGuard Pro acts as a neutral third party to facilitate secure transactions between buyers and sellers. Our escrow services include:

Fund Management

Secure receipt, holding, and disbursement of transaction funds in FDIC-insured accounts.

Transaction Verification

Verification that all transaction conditions have been met before releasing funds.

Dispute Mediation

Neutral mediation services to resolve transaction disputes fairly and efficiently.

Documentation

Comprehensive transaction documentation and record-keeping for all parties.

Transaction Process

  1. 1
    Agreement:Buyer and Seller agree to transaction terms and conditions.
  2. 2
    Payment:Buyer deposits funds into the escrow account.
  3. 3
    Delivery:Seller delivers goods, services, or assets to Buyer.
  4. 4
    Inspection:Buyer inspects and accepts the delivered items.
  5. 5
    Release:TrustGuard Pro releases funds to Seller upon confirmation.

Service Limitations

TrustGuard Pro does not:

  • Provide legal, tax, or financial advice
  • Guarantee the quality, safety, or legality of items being transacted
  • Verify the accuracy of information provided by transaction parties
  • Act as an agent or representative of any party
  • Assume liability for the actions or omissions of transaction parties

Account Registration and Security

Account Creation

To use our services, you must create an account and provide accurate, complete information. You agree to:

  • Provide truthful and accurate information during registration
  • Maintain and promptly update your account information
  • Complete identity verification procedures as required
  • Comply with all Know Your Customer (KYC) and Anti-Money Laundering (AML) requirements

Account Security

Your Responsibilities:

  • Maintain the confidentiality of your account credentials
  • Use strong, unique passwords and enable multi-factor authentication
  • Notify us immediately of any unauthorized access or security breaches
  • Not share your account with others or allow others to access your account
  • Log out of your account when using shared or public computers

You are responsible for all activities that occur under your account. TrustGuard Pro is not liable for any loss or damage arising from your failure to maintain account security.

Fees and Payments

Escrow Fees

TrustGuard Pro charges fees for escrow services based on transaction value and type. Fees are:

  • Clearly disclosed before you initiate a transaction
  • Non-refundable once services have been rendered
  • Subject to change with 30 days' notice
  • Typically paid by the buyer unless otherwise agreed

Fee Structure

Transaction ValueEscrow FeeMinimum Fee
$0 - $5,0003.89%$25
$5,001 - $25,0000.89% + $118$162.50
$25,001+Custom pricingContact us

Payment Methods

We accept the following payment methods:

Wire Transfer

User Obligations

As a user of TrustGuard Pro services, you agree to:

Accurate Information

Provide truthful, accurate, and complete information in all transactions and communications.

Legal Compliance

Comply with all applicable federal, state, and local laws and regulations.

Legitimate Transactions

Use our services only for legitimate business purposes and lawful transactions.

Timely Communication

Respond promptly to requests for information or action related to your transactions.

Documentation

Provide all necessary documentation to verify your identity and transaction details.

Prohibited Activities

You are strictly prohibited from:

  • Using our services for any illegal, fraudulent, or unauthorized purpose
  • Engaging in money laundering, terrorist financing, or other financial crimes
  • Providing false, misleading, or deceptive information
  • Attempting to circumvent our security measures or access controls
  • Interfering with or disrupting our services or servers
  • Using automated systems or software to extract data from our website
  • Impersonating another person or entity
  • Harassing, threatening, or abusing other users or our staff
  • Violating any applicable laws, regulations, or third-party rights
  • Engaging in transactions involving illegal goods or services

Violation of these prohibitions may result in immediate account termination, forfeiture of funds, and legal action. We reserve the right to report suspected illegal activity to law enforcement authorities.

Dispute Resolution

Transaction Disputes

If a dispute arises between transaction parties, TrustGuard Pro will:

  1. Hold funds in escrow until the dispute is resolved
  2. Request documentation and evidence from all parties
  3. Attempt to facilitate a mutually acceptable resolution
  4. Make a final determination based on the evidence and transaction terms

Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. Any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved through binding arbitration, except as specified below.

  • Arbitration will be conducted by the American Arbitration Association (AAA)
  • The arbitration will take place in San Francisco, California
  • The arbitrator's decision will be final and binding
  • You waive your right to participate in class action lawsuits
  • Small claims court disputes are exempt from arbitration

Limitation of Liability

IMPORTANT LEGAL NOTICE

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUSTGUARD PRO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for any claims arising from or related to these Terms or our services shall not exceed the amount of fees you paid to us in the twelve (12) months preceding the claim, or $1,000, whichever is greater.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Termination

Termination by You

You may terminate your account at any time by contacting customer support. Upon termination:

  • All pending transactions must be completed or cancelled
  • Any outstanding fees must be paid
  • Your access to our services will be immediately revoked
  • We will retain certain information as required by law

Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

  • You violate these Terms or our policies
  • We suspect fraudulent, illegal, or unauthorized activity
  • We are required to do so by law or court order
  • Your account has been inactive for an extended period
  • We discontinue our services

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Francisco County, California, and you hereby consent to personal jurisdiction and venue therein.

Contact Information

For questions about these Terms of Service, please contact us:

Email: legal@trustguardproinc.com

Phone: +1-415-801-2270

Mail: TrustGuard Pro Legal Department, 548 Market Street, San Francisco, CA 94104

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