Electronic Delivery Agreement
This Electronic Delivery Agreement, as amended from time to time, (this “Agreement”) applies to your brokerage account with Digital Brokerage Services LLC (“DBS” or “we”, “us” or “our”).
Consent to Electronic Services and Delivery
As a condition to opening and maintaining an account with DBS, you agree to conduct business with DBS and its affiliates electronically, and you consent to electronic delivery of all documents, information and any other communications related to your DBS account via Electronic Means (as defined below), including regulatorily required communications. A DBS account is solely offered to customers who agree to communicate with DBS electronically. This means that our communications with you will be by any form or manner of electronic communications permitted under applicable law, including via email, text messages, posting on the Plynk mobile application offered by DBS (“Plynk app”) or DBS websites, and in-app notifications (collectively, “Electronic Means”) rather than by U.S. mail. DBS does not support ongoing delivery of communications by U.S. mail.
Your consent to electronic delivery covers all communications we or our affiliates may send you regarding your account, including, but not limited to, tax documents and forms, account statements, trade confirmations, prospectuses, shareholder financial reports, proxy materials, Form CRS, communications relating to a change in clearing service provider (including a notice regarding the transfer of your account to a different clearing firm via negative consent), and other account documents and information. You acknowledge that these communications may contain information regarding your personal financial information, and you consent to the electronic delivery of such personal financial information via Electronic Means.
If any law, rule or regulation requires the delivery of certain communications in written form in the future, you agree to receive such communications via Electronic Means to the extent permissible under law.
You also consent to the use of electronic signatures in connection with all matters relating to your account(s) and agree that your use of an electronic signature shall bind you in the same manner as if you had manually signed such document.
You understand and agree that a valid email address and valid U.S. mobile phone number (collectively “Digital Credentials”) are required to open and maintain a DBS account. If any of your Digital Credentials change, you will need to promptly update them via the Plynk app or by contacting DBS via email. You also understand and agree that regular access to the Plynk app is required to maintain your Account. If your Digital Credentials are invalid or you do not log into the Plynk app for a period of eighteen (18) consecutive months, DBS may restrict your ability to make purchases, restrict transfers of money into your Account, or close your account. Your account balance may be transferred to a state unclaimed property administrator if no activity occurs in your Account within the time period specified by the applicable state law.
By providing your mobile phone number, you consent to DBS’s use of your mobile phone number to message, call, or text you to help secure your account, provide transactional alerts, and deliver other communications. Message and data rates may apply; frequency may vary. For help with texts or to opt-out of texts, contact DBS via the Plynk app or email at service@plynkinvest.com. The confidentiality of text messages is not guaranteed.
You agree that, to the extent permitted by applicable law, we shall not be liable for any losses or damages that you incur as a result of any actions that we take close or restrict your account due to invalid Digital Credentials or Plynk app inactivity, as described above.
Information About Systems Requirements
By consenting to electronic delivery, you acknowledge and agree that you have access to a computer or mobile device with Internet access, a valid email address, a valid U.S. mobile phone number, and the ability to download and access the Plynk app. If you would like to print any account-related documents or other communications, you must have access to a printer or other similar device.
Accessing Communications
DBS or its designee will primarily notify you by Electronic Means when a document or other communication is available on the Plynk app. The notification will include information about where the relevant document or communication can be accessed and how to access it. By consenting to electronic delivery, you understand and confirm that you can receive such notification, and access these communications, electronically. Regardless of whether or not you receive an electronic notification, you agree to check the Plynk app regularly for new communications, some of which may be time sensitive.
To access documents or other communications on the Plynk app, you will need to log in using a valid username and password. You agree that you are solely responsible for safeguarding the confidentiality of your login credentials.
Most documents and other communications will be available for at least six years via the Plynk app, but the length of such availability may be subject to change in the future. You should download or print copies of any documents or other communications that you would like to save for your records.
If you have any difficulty accessing documents or other communications, please contact DBS Customer Service via the Plynk app or email. You may request a paper copy of any communication delivered to you electronically by contacting DBS via email; where permitted, DBS may charge you a fee for paper copies.
Revoking Consent
Your consent to electronic delivery is effective until it is revoked by you. If you revoke consent to electronic delivery, DBS may close your account. You may revoke your consent at any time by contacting DBS via the Plynk app or email. Any revocation of your consent to electronic delivery will take effect once we have had a reasonable time to process the revocation, and we may continue to deliver communications electronically until the revocation has been processed. For the avoidance of doubt, any revocation of consent to electronic delivery must be explicit, and any request to provide a paper copy of one or more documents will not constitute a revocation of consent to electronic delivery.
If you revoke consent to electronic delivery, you agree to DBS closing your account and understand that you will no longer be allowed to purchase securities or other investments nor transfer money into your account. Additionally, no later than 30 calendar days after such revocation, you agree to provide us with instructions to transfer your account to another financial institution or liquidate your account and withdraw all funds. You agree that, to the extent permitted by applicable law, we shall not be liable for any losses or damages that you incur as a result of any actions that we take to close or restrict your account after you have revoked your consent to electronic delivery.
To the extent DBS maintains your account after you have revoked consent (whether indefinitely or for a period of time until it is closed), DBS may, when permitted by applicable law, (i) charge a fee for the delivery of communications by mail, and (ii) continue electronic delivery of communications for which consent is not required. You further agree that any revocation of your consent will not affect the legal effectiveness or validity of any electronic communication provided to you while your consent was in effect.
Please contact us via the Plynk app or email to report any problem with electronic delivery of any communication, to receive information about how to request a paper copy of any electronic communication, or if you have any questions about electronic delivery.