If you are resident in the EEA or UK, [the CoinTracker Terms of Service (EU)](https://www.cointracker.io/eu-terms) apply to your use of the Services. If you are resident elsewhere, the
[CoinTracker Terms of Service](https://www.cointracker.io/terms) apply.

### CoinTracker Terms of Service

##### Acceptance of These Terms of Service

Nino Finance, Inc. ("CoinTracker," "we," "us," or "our") provides our
services (described below) and related content to you through our
website(s) located at www.cointracker.io (the "Site") and through our
mobile applications and related technologies ("Mobile Apps", and
collectively, such Mobile Apps and the Site, including any updates or
new features, functionality and technology, the "Service"). All access
and use of the Service is subject to the terms and conditions contained
in these Terms of Service (as amended from time to time, these "Terms of
Service"). By accessing, browsing, or otherwise using the Site, Mobile
Apps, or any other aspect of the Service, you acknowledge that you have
read, understood, and agree to be bound by these Terms of Service. If
you do not accept the terms and conditions of these Terms of Service,
you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify
portions of these Terms of Service at any time. If we do this, we will
post the changes on this page and will indicate at the top of this page
the date these Terms of Service were last revised. You may read a
current, effective copy of these Terms of Service by visiting the "Terms
of Service" link on the Site and under the "Terms of Service" section of
our mobile apps. We will also notify you of any material changes, either
through the Service user interface, a pop-up notice, email, or through
other reasonable means. Your continued use of the Service after the date
any such changes become effective constitutes your acceptance of the new
Terms of Service. You should periodically visit this page to review the
current Terms of Service so you are aware of any revisions. If you do
not agree to abide by these or any future Terms of Service, you will not
access, browse, or use (or continue to access, browse, or use) the
Service.

**PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN**
**AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR**
**LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE**
**REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE**
**AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL**
**ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COINTRACKER ON AN**
**INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR**
**REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO**
**SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF)**
**ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS**
**YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.**

**Your Privacy**: at CoinTracker, we respect the privacy of our
users. For more information please see our [Privacy Policy](https://www.cointracker.io/privacy) and under
the "Privacy policy" section of our mobile apps (the "Privacy Policy"). By
using the Service, you consent to our collection, use and disclosure of personal
data and other data as outlined therein.

**Additional Terms**: In addition, when using certain features
through the Service, you will be subject to any additional terms
applicable to such features that may be posted on or within the Service
from time to time. All such terms are hereby incorporated by reference
into these Terms of Service.

##### Access and Use of the Service

**Service Description**: The Service is designed to provide a unified
dashboard for tracking cryptocurrency assets. The Service may also
include additional paid services which may include, but are not limited
to, projections of your potential investment gains based on reported
transaction history, tax-related services, detailed transaction
information, and an automated tool for assisting you with your
cryptocurrency investments. CoinTracker also offers referrals to
regulated services, such as access to third-party tax professionals and
associated platforms.

**Your Registration Obligations**: For some of our Services, you may
be required to register with CoinTracker or provide information about
yourself (e.g. name and email address) or, where applicable, your
Organization (as defined below) (such as name, business contact
information, and email address) in order to access and use certain
features of the Service. Depending on the Services you choose, you may
also provide other information, such as billing info and verification
data or cryptocurrency wallet information (or, in the case of an
Organization, organizational credentials, information regarding
authorized Org Users (as defined below), billing info, verification
data, or cryptocurrency wallet information associated with the
Organization). Upon registering, you or your Organization (as
applicable) are considered a "Member" of CoinTracker. If you choose to
register for the Service, you agree to provide and maintain true,
accurate, current, and complete information about yourself or your
Organization as prompted by the Service's registration form.
Registration data and certain other information about you are governed
by our Privacy Policy. If you are under 18 years of age, you are not
authorized to use the Service. By using the Service as an individual,
you represent and warrant that you are at least 18 years of age and may
legally enter into a binding contract with CoinTracker. By using the
Service as or on behalf of an Organization, you further represent and
warrant that you have the authority to bind that Organization to these
Terms of Service. We disclaim any liability for any misrepresentation of
your or any other user's age. You further represent and warrant that you
are not prohibited from using CoinTracker under the laws of the United
States or any applicable jurisdiction.

##### Organizational Accounts; Use on Behalf of an Organization

If an individual accesses or uses the Service on behalf of a company,
organization, or other legal entity, such as the individual's employer
(each, an "Organization"):

01. These Terms of Service constitute an agreement between (i)
     CoinTracker and such individual and (ii) CoinTracker and the
     Organization.

02. As used in these Terms of Service, "you" or "your," in the context
     of any license grant, restriction, obligation, acknowledgment,
     representation, warranty, or covenant (or any similar context),
     means both (i) the individual and (ii) the Organization, on behalf
     of the Organization and its subsidiaries and affiliates, and its and
     their respective directors, officers, employees, contractors,
     agents, and other representatives who access and/or use the Service
     (collectively, "Org Users"), as applicable.

03. By accepting these Terms of Service, the individual represents and
     warrants to CoinTracker that the individual has the authority to
     bind the Organization to these Terms of Service. In the absence of
     such authority, the individual may not access or use the Service on
     behalf of the Organization.

04. The individual's acceptance of these Terms of Service will bind the
     Organization to these Terms of Service.

05. CoinTracker may disclose information regarding such individual and
     the individual's access to and use of the Service to the
     Organization.

06. The rights of any Org User (including the individual) to access and
     use the Service may be suspended or terminated (and administration
     of the applicable account transferred) if such individual ceases to
     be associated with, or ceases to use an email address associated
     with or provisioned by, the Organization.

07. The Organization will ensure all Org Users are made aware of, and
     comply with, these Terms of Service as applicable to such Org Users.

08. The Organization is solely responsible and liable for all acts and
     omissions of its Org Users, and any act or omission by any Org User
     that would constitute a breach of these Terms of Service if taken by
     the Organization will be deemed a breach of these Terms of Service
     by the Organization.

09. Without limiting the foregoing, if an individual opens an account
     using an email address associated with or provisioned by an
     Organization, or if an Organization pays fees due in connection with
     such individual's access to or use of the Service (or reimburses
     such individual for payment of such fees), then CoinTracker may, in
     its sole discretion, deem such individual to be accessing and using
     the Service on behalf of that Organization.

10. The Organization is also responsible for managing access to the
     Service, including designating, authorizing, adding, and removing
     Org Users, and for ensuring all actions taken by its Org Users
     through the Service comply with these Terms of Service.

For the avoidance of doubt, references to "Member" in these Terms of
Service include both individuals and Organizations (and their Org Users)
that register for or access the Service.

**Member Account, Password and Security**: You are responsible for
maintaining the confidentiality of your password and account details, if
any, and are fully responsible for any and all activities that occur
under your password or account. Where an Organization account has been
created, the Organization is responsible for all activity by its Org
Users and for maintaining the confidentiality and security of its
administrative credentials. You agree to (a) immediately notify
CoinTracker of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you (and all Org Users, as
applicable) exit from your account at the end of each session when
accessing the Service. CoinTracker will not be liable for any loss or
damage arising from your or any Org User's failure to comply with this
paragraph. You may control certain aspects of your account and any
associated user profile, and of the way you interact with the Service,
by changing the settings in your settings page. By providing us with
your email address, you consent to our using that email address to send
you Service-related notices, including any notices required by
applicable law, in lieu of communication by postal mail. We may also use
that email address to send you other messages, including, without
limitation, marketing and advertising messages, such as messages
notifying you of changes to features of the Service and special offers
(collectively, "Marketing Emails"). If you do not want to receive
Marketing Emails, you may opt out of receiving them or change your
preferences by contacting the Service support team at
legal@cointracker.io or by clicking on the "unsubscribe" link within a
Marketing Email. Opting out will not prevent you from receiving
Service-related notices.

**Modifications to Service**: CoinTracker reserves the right to
modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that CoinTracker will
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.

**General Practices Regarding Use and Storage**: You acknowledge that
CoinTracker may establish general practices and limits concerning use of
the Service, including the maximum period of time that data or other
content will be retained by the Service and the maximum storage space
that will be allotted on CoinTracker's or its third-party service
providers' servers on your behalf. You agree that CoinTracker has no
responsibility or liability for the deletion or failure to store any
data or other content maintained or uploaded by the Service. You
acknowledge that CoinTracker reserves the right to terminate accounts
that are inactive for an extended period of time. You further
acknowledge that CoinTracker reserves the right to change these general
practices and limits at any time, in its sole discretion, with or
without notice.

##### No Financial, Professional, or Investment Advice; Risks

CoinTracker is not in the business of providing legal, tax, audit,
accounting, or brokerage, nor other professional services or advice.
Through your use of CoinTracker, you acknowledge and agree that
information provided by CoinTracker is simply informational only, and
should not be considered a substitute for the services or advice of a
competent professional. Further, the information provided herein should
not be taken as financial planning or investment solicitation. No
fiduciary relationship has been created between you and CoinTracker.

You hereby understand and acknowledge that through your use of
CoinTracker, you are not being represented by an attorney, certified
financial planner, broker, nor other regulated advisor. Certain aspects
of the CoinTracker Services may provide access to such a professional
(for example through a referral service by which CoinTracker receives
affiliation fees) or provide tax-related information, but if you are in
need of legal or financial advice, including a review of any financial
or tax decisions, we advise you to consult the appropriate advisor, such
as your own attorney, accountant, or other professional.

We endeavor to keep CoinTracker and the Services as secure as possible
but you hereby acknowledge that no system involving the transmission of
information via the Internet, or the electronic storage of data, is
completely secure. We are not liable for any loss, theft, unauthorized
access, disclosure, copying, use, or modification of your personal data
that occurs outside our reasonable control. CoinTracker also makes no
warranties as to the reliability or accuracy, completeness, or quality
of any information on CoinTracker or obtained through the Services. You
agree that CoinTracker is not liable for any errors, omissions, loss or
damage which may be caused by your use of CoinTracker or Services, to
the fullest extent permitted by law. Any damage that may occur to you,
through your computer system, or as a result of loss of your data from
your use of CoinTracker or Services is your sole responsibility.

Documents, information, or other Services received on or through
CoinTracker may not be appropriate for your particular situation, the
assessment of which is your sole and exclusive responsibility.

CoinTracker makes no assurances to any particular outcome based on your
use of CoinTracker or any of the Services, including business or
financial outcomes. If you choose to purchase CoinTracker's automated
investment Services, you acknowledge and agree that these Services may
not be suitable for every investor and that you should always undertake
to make your own investment decisions. You further agree that any
projected returns shown through CoinTracker's Services may not be
indicative of real-world results and that your investment returns or
financial gains are not guaranteed in any way. Any representations of
historical performance or projected performance are not warranted to be
accurate or error-free.

The information provided by the Services is for information only and
does not constitute, and should not be construed as, investment advice
or a recommendation to buy, sell, or otherwise transact in any digital
asset including any products or services or an invitation, offer or
solicitation to engage in any investment activity with respect to any
digital asset.

The digital assets about which information is provided via the Services
are not viewed by the issuer or sponsor, or those buying or selling the
digital asset, as securities under U.S. laws or relevant applicable
laws. As a result, it is unlikely that fulsome disclosures from the
issuer or sponsor, or any executive officer associated with the digital
asset or related protocol have been provided, and others may have better
or more information than the information made available to you via the
Services or to which you may independently have access.

There are risks associated with investing in digital assets. Loss of
principal is possible. Volatility is highly likely, and some of the
protocols and platforms may fail entirely due to forking, flaws in the
code, hacking, or other malicious attacks. Some high-risk investments
may use leverage, which will accentuate gains and losses. A digital
asset's past investment performance is not a guarantee or predictor of
future performance.

**THESE TERMS OF SERVICE DO NOT REPRESENT A COMPLETE STATEMENT OF RISK**
**FACTORS ASSOCIATED WITH AN INVESTMENT IN ANY OF THE DIGITAL ASSETS OR**
**PRODUCTS THAT MAY BE VIEWED OR TRACKED ON THIS SITE OR THROUGH THE**
**SERVICE. YOU SHOULD CONSIDER THESE RISK WARNINGS CAREFULLY AND TAKE**
**APPROPRIATE INVESTMENT ADVICE BEFORE TAKING ANY DECISION TO PURCHASE**
**OR TRADE A DIGITAL ASSET.**

##### Conditions of Access and Use

**User Conduct**: You are solely responsible for all code, video,
images, information (including but not limited to transaction and cost
basis information), data, APIs, text, software, music, sound,
photographs, graphics, messages, and other materials ("content") that
you make available to CoinTracker via the Service, including without
limitation by uploading, providing, posting, publishing, displaying,
connecting via API or via Third-Party Services integrations, or
otherwise making available to CoinTracker (hereinafter, "upload(ing)")
or by emailing or otherwise making available to other users of the
Service (collectively, "User Content"). The following are examples of
the kinds of content and/or uses that are illegal or prohibited by
CoinTracker. CoinTracker reserves the right to investigate and take
appropriate legal action against anyone who, in CoinTracker's sole
discretion, violates this provision, including removing the offending
content from the Service, suspending or terminating the account of such
violators, and reporting the violator to law enforcement authorities.
You agree to not use the Service to:

01. email or otherwise upload any content that (i) infringes any
     intellectual property or other proprietary rights of any party; (ii)
     you do not have a right to upload under any law or under contractual
     or fiduciary relationships; (iii) contains software viruses or any
     other computer code, files or programs designed to interrupt,
     destroy, or limit the functionality of any computer software or
     hardware or telecommunications equipment; (iv) poses or creates a
     privacy or security risk to any person; (v) constitutes unsolicited
     or unauthorized advertising, promotional materials, commercial
     activities and/or sales, "junk mail," "spam," "chain letters,"
     "pyramid schemes," "contests," "sweepstakes," or any other form of
     solicitation; (vi) is unlawful, harmful, threatening, abusive,
     harassing, tortious, excessively violent, defamatory, vulgar,
     obscene, pornographic, libelous, invasive of another's privacy,
     hateful, discriminatory, or otherwise objectionable; or (vii) in the
     sole judgment of CoinTracker, is objectionable or which restricts or
     inhibits any other person from using or enjoying the Service, or
     which may expose CoinTracker or its users to any harm or liability
     of any type;

02. interfere with or disrupt the Service or servers or networks
     connected to the Service, or disobey any requirements, procedures,
     policies, or regulations of networks connected to the Service;

03. violate any applicable local, state, national, or international law,
     or any regulations having the force of law;

04. impersonate any person or entity, or falsely state or otherwise
     misrepresent your affiliation with a person or entity;

05. solicit personal information from anyone under the age of 18;

06. harvest or collect email addresses or other contact information of
     other users from the Service by electronic or other means for the
     purposes of sending unsolicited emails or other unsolicited
     communications;

07. advertise or offer to sell or buy any goods or services for any
     business purpose that is not specifically authorized;

08. further or promote any criminal activity or enterprise or provide
     instructional information about illegal activities;

09. obtain or attempt to access or otherwise obtain any content or
     information through any means not intentionally made available or
     provided for through the Service;

10. circumvent, remove, alter, deactivate, degrade, or thwart any of the
     content protections in or geographic restrictions on any content
     (including Service Content (as defined below)) available on or
     through the Service, including through the use of virtual private
     networks; or

11. engage in or use any data mining, robots, scraping, or similar data
     gathering or extraction methods. If you are blocked by CoinTracker
     from accessing the Service (including by blocking your IP address),
     you agree not to implement any measures to circumvent such blocking
     (e.g., by masking your IP address or using a proxy IP address or
     virtual private network).

**Competitors**: No employee, independent contractor, agent, or
affiliate of any competing provider of crypto asset management or tax
compliance services is permitted to view, access, or use any portion of
the Service without the express written permission from CoinTracker. By
viewing, using, or accessing the Service, you represent and warrant that
you are not a competitor of CoinTracker or any of its affiliates, or
acting on behalf of a competitor of CoinTracker in using or accessing
the Service.

**Fees**: To the extent the Service or any portion thereof is made
available for any fee, you may be required to select a payment plan and
provide information regarding your credit card or other payment
instrument. You may also be asked to provide additional cryptocurrency
portfolio and wallet information, and other information that will assist
us in providing the Services to you. You may further be asked for API
access for certain accounts, which may be aggregated for you on
CoinTracker. You represent and warrant to CoinTracker that such
information is true and that you are authorized to use the payment
instrument. You will promptly update your account information with
CoinTracker or the Payment Processor (as defined below), as applicable,
of any changes (for example, a change in your billing address or credit
card expiration date) that may occur. You agree to pay CoinTracker the
amount that is specified in the payment plan in accordance with the
terms of such plan and these Terms of Service. If your payment plan
includes an ongoing subscription that is automatically renewed
periodically, you hereby authorize CoinTracker (through the applicable
Payment Processor) to bill your payment instrument in advance on such
periodic basis in accordance with the terms of the applicable payment
plan until you terminate your account, and you further agree to pay any
charges so incurred. If you dispute any charges you must let CoinTracker
know within thirty (30) days after the date that CoinTracker charges
you. We reserve the right to change CoinTracker's prices at any time. If
CoinTracker does change prices, CoinTracker will provide notice of the
change through the Service user interface, a pop-up notice, email, or
through other reasonable means, at CoinTracker's option, at least thirty
(30) days before the change is to take effect. Your continued use of the
Service after the price change becomes effective constitutes your
agreement to pay the changed amount. You will be responsible for all
taxes associated with the Service, other than taxes based on
CoinTracker's net income. For Organization accounts, the Organization is
responsible for selecting the applicable payment plan and for payment of
all fees incurred by its Org Users, unless otherwise agreed in writing
by CoinTracker. If the Organization fails to make any payment when due,
CoinTracker reserves the right, in addition to any other rights or
remedies, to suspend or terminate the Organization's and any associated
Org Users' access to the Service. The Organization remains responsible
for all fees incurred prior to suspension or termination.

**Payment Processing**: Notwithstanding any amounts owed to
CoinTracker hereunder, COINTRACKER DOES NOT PROCESS PAYMENT FOR ANY
SERVICES. To facilitate payment for the Service via bank account, credit
card, or debit card, we use third-party payment processors
(collectively, "Payment Processors"), including without limitation
Stripe, Inc. and its affiliates ("Stripe") and are subject to the Stripe
terms and conditions and other policies available at [https://stripe.com/legal](https://stripe.com/legal) and Stripe's
Global Privacy Policy available at: [https://stripe.com/privacy](https://stripe.com/privacy)
(collectively, the "Stripe Agreements"). These payment processing services
are provided by the Payment Processors and are subject to the applicable
Payment Processor's terms and conditions, privacy policy, and all other relevant
agreements, including the Stripe terms and conditions and other policies
available at [https://stripe.com/legal](https://stripe.com/legal) and Stripe's
Global Privacy Policy available at [https://stripe.com/privacy](https://stripe.com/privacy)
(collectively, the "Payment Processor Agreements"). By agreeing to these
Terms of Service, users that use the payment functions of the Service also
agree to be bound by the applicable Payment Processor Agreement for the payment
function the user is using, as the same may be modified by the applicable
Payment Processor from time to time. You hereby authorize the applicable
Payment Processor to store and continue billing your specified payment method
even after such payment method has expired, to avoid interruptions in payment
for your use of the Service. Please contact the applicable Payment Processor
for more information. CoinTracker assumes no liability or responsibility
for any payments you make through the Service.

**Refunds, Cancellations, and Changes**: Payments made by you
hereunder are final and non-refundable unless otherwise determined by
CoinTracker. If you would like to request a refund, you can [contact us](https://support.cointracker.io/) with your purchase
receipt, your refund request, and your reason for the refund. Refunds are
not possible once you have downloaded any of the tax forms or CSV files (including
Transaction History CSV). You may [cancel or manage your subscription online](https://www.cointracker.io/portfolio/subscription)
at any time.

**Automatic Renewal**: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT
THE END OF EACH RENEWAL OF YOUR SUBSCRIPTION AND YOU UNDERSTAND THAT
UNLESS AND UNTIL YOU NOTIFY US OF YOUR INTENT TO CANCEL, YOUR
SUBSCRIPTION AND THE CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND
YOU AUTHORIZE EACH OF COINTRACKER AND PAYMENT PROCESSORS (WITHOUT NOTICE
TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE
SUBSCRIPTION FEE AND ANY APPLICABLE TAXES, USING ANY OF YOUR PAYMENT
METHODS. YOU UNDERSTAND AND ACKNOWLEDGE THAT, UNLESS REQUIRED BY
APPLICABLE LAW, YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND OR CREDIT
FOR ANY SUCH CANCELLATION, SUSPENSION, OR TERMINATION, NOR FOR ANY
UNUSED TIME ON YOUR SUBSCRIPTION, ANY PRE-PAYMENTS MADE IN CONNECTION
WITH YOUR SUBSCRIPTION, ANY USAGE OR SUBSCRIPTION FEES FOR ANY PORTION
OF THE SERVICE, ANY CONTENT OR DATA ASSOCIATED WITH YOUR USER ACCOUNT,
OR ANYTHING ELSE, AND THAT ANY SUCH REFUNDS OR CREDITS MAY BE GRANTED AT
OUR SOLE OPTION AND IN OUR SOLE DISCRETION.

**Commercial Use**: Unless otherwise expressly authorized herein or
in the Service, you agree not to display, distribute, license, perform,
publish, reproduce, duplicate, copy, create derivative works from,
modify, sell, resell, exploit, transfer, or upload for any commercial
purposes, any portion of the Service, use of the Service, or access to
the Service.

**Electronic Communications**: Visiting or using the Services or
sending emails to CoinTracker constitute electronic communications. By
visiting the Site, using the Services, or sending emails to the
CoinTracker, you consent to receive electronic communications and you
agree that all agreements, notices, disclosures, and other
communications that we provide to you electronically, via email, or on
the Services, satisfy any legal requirement that such communications be
in writing.

##### Sanctions and Anti-Money Laundering

You understand and acknowledge that the Services may be subject to
export control laws and regulations. You will comply with all applicable
import and export and re-export control and trade and economic sanctions
laws and regulations, including the Export Administration Regulations
maintained by the U.S. Department of Commerce, trade and economic
sanctions maintained by the U.S. Treasury Department's Office of Foreign
Assets Control ("OFAC"), and the International Traffic in Arms
Regulations maintained by the U.S. State Department. You represent and
warrant that:

1. You will not access the Services from any country, region, territory
    or jurisdiction that is the target of comprehensive territorial or
    embargo-like sanctions administered by OFAC (each such country,
    region, territory or jurisdiction a "Sanctioned Country"), which, as
    of the date of these Terms of Service, are Crimea, Cuba, Iran, North
    Korea, the so-called Donetsk People's Republic, and the so-called
    Luhansk People's Republic;

2. You will not provide access to the Services to any person that is,
    or that is owned or controlled by a person that is, the target of
    any sanctions administered or enforced by OFAC or the U.S.
    Department of State (collectively, "Sanctions"), or that is located,
    organized or resident in any Sanctioned Country;

3. None of you, your subsidiaries, directors, officers, employees,
    agents or affiliates is a person that is, or is owned or controlled
    by persons that are, the target of any Sanctions;

4. None of you, your subsidiaries, directors, officers, employees,
    agents or affiliates are located, organized, or resident in, or
    owned or controlled by persons that are located, organized or
    resident in a Sanctioned Country;

5. You will not utilize the Services in any manner that, directly or
    indirectly, conducts, facilitates, funds or otherwise engages in
    activities with any person that is the target of Sanctions or is
    located, organized or resident in a Sanctioned Country or in any
    other manner that would result in a violation of Sanctions by any
    person, including CoinTracker;

6. You will not utilize the Services in any manner that, directly or
    indirectly, conducts, facilitates, funds or otherwise engages in any
    money laundering or terrorist financing activities or business or in
    any other manner that would result in a violation by any person,
    including CoinTracker, of any applicable law, rule or regulation of
    any jurisdiction concerning or relating to anti-money laundering,
    including the USA PATRIOT Act of 2001, as amended ("Anti-Money
    Laundering Laws"); and

7. You have conducted and will conduct all activities generating funds,
    assets or other items of value introduced to the Service in
    compliance with applicable Anti-Money Laundering Laws and Sanctions.

##### Mobile Services and Software

**Mobile Services**: The Service includes certain services that are
available via a mobile device, including (i) the ability to upload
content to the Service via a mobile device, (ii) the ability to browse
the Service and the Site from a mobile device, and (iii) the ability to
access certain features and content through Mobile Apps (collectively,
the "Mobile Services").

**Mobile App License**: Subject to these Terms of Service,
CoinTracker hereby grants to you a limited, revocable, non-exclusive,
non-transferable, non-sublicensable license to (a) install the Mobile
App on one mobile device and (b) use the Mobile App for your own
personal use solely to access and use the Service. For clarity, the
foregoing is not intended to prohibit you from installing the Mobile App
on another device on which you also agreed to these Terms of Service.
Each instance of these Terms of Service that you agree to in connection
with downloading a Mobile App grants you the aforementioned rights in
connection with the installation and use of the Mobile App on the
applicable device.

**Ownership; Restrictions**: The technology and software underlying
the Service or distributed in connection therewith are the property of
CoinTracker, its affiliates, and its licensors, including the Mobile
Apps (the "Software"). You agree not to copy, modify, create a
derivative work of, reverse engineer, reverse assemble, or otherwise
attempt to discover any source code, sell, assign, sublicense, or
otherwise transfer any right in the software. Any rights not expressly
granted herein are reserved by CoinTracker.

**Special Notice for International Use; Export Controls**:
CoinTracker is headquartered in the United States. If you access or use
the Service from outside of the United States, you do so at your own
risk. Whether inside or outside of the United States, you are solely
responsible for ensuring compliance with the laws of your specific
jurisdiction. Software available in connection with the Service and the
transmission of applicable data, if any, is subject to United States
export controls. No Software may be downloaded from the Service or
otherwise exported or re-exported in violation of U.S. export laws.
Downloading or using the Software is at your sole risk.

**Third-Party Distribution Channels**: CoinTracker offers software
that may be made available through the Apple App Store, the Google Play
Store, third-party tax software, or other distribution channels
("Distribution Channels"). If you obtain such Software through a
Distribution Channel, you may be subject to additional terms of the
Distribution Channel. These Terms of Service are between you and us
only, and not with the Distribution Channel. To the extent that you
utilize any other third-party products and services in connection with
your use of the Service, you agree to comply with all applicable terms
of any agreement for such third-party products and services.

**Apple-Enabled Software**: With respect to Mobile Apps that are made
available for your use in connection with an Apple-branded product (the
"Apple-Enabled Software"), in addition to the other terms and conditions
set forth in these Terms of Service, the following terms and conditions
apply:

- CoinTracker and you acknowledge that these Terms of Service are
concluded between CoinTracker and you only, and not with Apple Inc.
("Apple") and that as between CoinTracker and Apple, CoinTracker,
not Apple, is solely responsible for the Apple-Enabled Software and
the content thereof.

- You may not use the Apple-Enabled Software in any manner that is in
violation of or inconsistent with the Usage Rules set forth for
Apple-Enabled Software in, or otherwise be in conflict with, the
Apple Media Services Terms and Conditions.

- Your license to use the Apple-Enabled Software is limited to a
non-transferable license to use the Apple-Enabled Software on an iOS
product that you own or control, as permitted by the "Usage Rules"
set forth in the Apple Media Services Terms and Conditions, except
that such Apple-Enabled Software may be accessed and used by other
accounts associated with the purchaser via Apple's Family Sharing or
volume purchasing programs.

- Apple has no obligation whatsoever to provide any maintenance or
support services with respect to the Apple-Enabled Software.

- Apple is not responsible for any product warranties, whether express
or implied by law. In the event of any failure of the Apple-Enabled
Software to conform to any applicable warranty, you may notify
Apple, and Apple will refund the purchase price for the
Apple-Enabled Software, if any, to you; and, to the maximum extent
permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the Apple-Enabled Software, or
any other claims, losses, liabilities, damages, costs, or expenses
attributable to any failure to conform to any warranty, which will
be CoinTracker's sole responsibility, to the extent it cannot be
disclaimed under applicable law.

- CoinTracker and you acknowledge that CoinTracker, not Apple, is
responsible for addressing any claims of you or any third party
relating to the Apple-Enabled Software or your possession and/or use
of that Apple-Enabled Software, including: (a) product liability
claims; (b) any claim that the Apple-Enabled Software fails to
conform to any applicable legal or regulatory requirement; and (c)
claims arising under consumer protection, privacy, or similar
legislation.

- In the event of any third-party claim that the Apple-Enabled
Software or your possession and use of that Apple-Enabled Software
infringe that third party's intellectual property rights, as between
CoinTracker and Apple, CoinTracker, not Apple, will be solely
responsible for the investigation, defense, settlement, and
discharge of any such intellectual property infringement claim.

- You represent and warrant that (a) you are not located in a country
that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a "terrorist supporting"
country, and (b) you are not listed on any U.S. Government list of
prohibited or restricted parties.

- If you have any questions, complaints, or claims with respect to the
Apple-Enabled Software, they should be [directed to CoinTracker](https://support.cointracker.io/).

- You must comply with applicable third-party terms of agreement when
using the Apple-Enabled Software, e.g., your wireless data service
agreement.

- CoinTracker and you acknowledge and agree that Apple, and Apple's
subsidiaries, are third-party beneficiaries of these Terms of
Service with respect to the Apple-Enabled Software, and that, upon
your acceptance of the terms and conditions of these Terms of
Service, Apple will have the right (and will be deemed to have
accepted the right) to enforce these Terms of Service against you
with respect to the Apple-Enabled Software as a third-party
beneficiary thereof.

**Google-Sourced Software**: The following applies to any Mobile App
you download from the Google Play Store ("Google-Sourced Software"): (a)
you acknowledge that these Terms of Service are between you and
CoinTracker only, and not with Google, Inc. ("Google"); (b) your use of
Google-Sourced Software must comply with Google's then-current Google
Play Terms of Service; (c) Google is only a provider of Google Play
where you obtained the Google-Sourced Software; (d) CoinTracker, and not
Google, is solely responsible for CoinTracker's Google-Sourced Software;
(e) Google has no obligation or liability to you with respect to
Google-Sourced Software or these Terms of Service; and (f) you
acknowledge and agree that Google is a third-party beneficiary to these
Terms of Service as it relates to CoinTracker's Google-Sourced Software.

**Open Source Software**: The Software may contain or be provided
together with open-source software. Each item of open source software is
subject to its own license terms. If required by any license for
particular open-source software, CoinTracker makes such open-source
software, and CoinTracker's modifications to that open source software
(if any), available by written request to our [contact us page](https://support.cointracker.io/). Copyrights
to the open-source software are held by the respective copyright holders
indicated therein.

##### Intellectual Property Rights

**Service Content**: You acknowledge and agree that the Service may
contain content or features ("Service Content") that are protected by
copyright, patent, trademark, trade secret, or other proprietary rights
and laws. Except as expressly authorized by CoinTracker, you agree not
to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or
create derivative works based on the Service or the Service Content, in
whole or in part, except that the foregoing does not apply to your own
User Content (as defined below) that you upload to or make available
through the Service in accordance with these Terms of Service. Any use
of the Service or the Service Content other than as specifically
authorized herein is strictly prohibited.

**Trademarks**: The CoinTracker name and logos are trademarks and
service marks of CoinTracker (collectively the "CoinTracker
Trademarks"). Other CoinTracker, product, and service names and logos
used and displayed via the Service may be trademarks or service marks of
their respective owners who may or may not endorse or be affiliated with
or connected to CoinTracker. Nothing in these Terms of Service or the
Service should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any of CoinTracker Trademarks
displayed on the Service, without our prior written permission in each
instance. All goodwill generated from the use of CoinTracker Trademarks
will inure to our exclusive benefit.

**Right to Manage Content**: You acknowledge that CoinTracker does
not pre-screen content, but that CoinTracker and its designees will have
the right (but not the obligation) in their sole discretion to refuse or
remove any content that is available via the Service. Without limiting
the foregoing, CoinTracker and its designees will have the right to
remove any content that violates these Terms of Service or is deemed by
CoinTracker, in its sole discretion, to be otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the
use of any content, including any reliance on the accuracy,
completeness, or usefulness of such content.

**User Content**: You represent and warrant that you own all right,
title and interest in and to your User Content, including all copyrights
and rights of publicity contained therein. You hereby grant CoinTracker
and its affiliated companies, successors, and assigns the following
non-exclusive, worldwide, royalty-free, fully paid-up, transferable
licenses:

- The irrevocable, perpetual license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and/or publicly
display any other content submitted or made available for inclusion
on the publicly accessible areas of CoinTracker, whether in whole or
in part, and the incorporation of any such content into other works
in any arrangement or medium currently used or later developed.

- The license to share your User Content with third party providers
that you interact with and permit sharing of User Content with via
the Services, including, but not limited to, via Third Party
Transactions. You acknowledge and agree that once your User Content
(including cost basis information, tax lot data, and other
transaction-related information) is shared with a third-party
provider, such third party's use, retention, and disclosure of your
User Content will be governed solely by such third party's own terms
of service and privacy policy, and CoinTracker shall have no
responsibility or liability for such third party's handling of your
User Content. By initiating any embedded functionality, integration,
or Third-Party Transaction through the Service that results in the
transfer of your User Content to a third-party provider, you
expressly consent to the sharing of such User Content with that
third party. Where you enable automatic or recurring synchronization
of your User Content with a third-party provider, you consent to the
ongoing sharing of such User Content for so long as that
synchronization feature remains enabled or until you terminate your
CoinTracker account or applicable subscription. You are solely
responsible for reviewing and understanding the applicable third
party's terms and privacy practices before initiating any such
transfer.

- The license to use, for the sole purposes of providing the Services
to you and as otherwise permitted by these Terms of Service
(including for the creation of Usage Data (as defined below)), any
financial or cryptocurrency information you may provide to us,
including but not limited to prior history of cryptocurrency
investing, personal cryptocurrency portfolio data, and prior tax
information. This license is revocable by you at any time and will
expire upon termination of these Terms of Service. You hereby
expressly consent to allow us to use any personal information for
the sole and express purpose of providing the Services to you. If
you purchase any paid Services through which CoinTracker agrees to
rebalance, through its automated investment tool, your
cryptocurrency portfolio or portfolios, you hereby consent to and
authorize CoinTracker to manage your portfolio or portfolios in such
capacity.

You assume all risk associated with your User Content and the
transmission of your User Content, and you have sole responsibility for
the accuracy, quality, legality, and appropriateness of your User
Content. You represent and warrant that the User Content you provide is
accurate, up to date, and complies with all applicable laws.

You hereby authorize CoinTracker and its third-party service providers
to derive statistical and usage data relating to your use of the Service
("Usage Data"). We may use Usage Data for any purpose in accordance with
applicable law and our Privacy Policy.

We provide an area for our users and Members to contribute feedback to
our website and apps. Any questions, comments, suggestions, ideas,
documents, feedback, reviews, proposals, or other information about the
Service ("Submissions"), provided by you to CoinTracker are
non-confidential and CoinTracker will be entitled to the unrestricted
use and dissemination of these submissions for any purpose, commercial
or otherwise, without acknowledgment, attribution, or compensation to
you.

You acknowledge and agree that CoinTracker may preserve User Content and
may also disclose User Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process, applicable laws, or
government requests; (b) enforce these Terms of Service; (c) respond to
claims that any content violates the rights of third parties; or (d)
protect the rights, property, or personal safety of CoinTracker, its
users, or the public. You understand that the technical processing and
transmission of the Service, including your User Content, may involve
(i) transmissions over various networks; and (ii) changes to conform and
adapt to technical requirements of connecting networks or devices.

**Copyright Complaints**: CoinTracker respects the intellectual
property of others, and we ask our users to do the same. If you believe
that your work has been copied in a way that constitutes copyright
infringement, or that your intellectual property rights have been
otherwise violated, you should notify CoinTracker of your infringement
claim in accordance with the procedure set forth below.

CoinTracker will process and investigate notices of alleged infringement
and will take appropriate actions under the Digital Millennium Copyright
Act ("DMCA") and other applicable intellectual property laws with
respect to any alleged or actual infringement. A notification of claimed
copyright infringement should be emailed to CoinTracker's Copyright
Agent at legal@cointracker.io (Subject line: "DMCA Takedown Request"). A
sample DMCA notification, with the required information, can be found at [https://www.copyright.gov/512/sample-notice.pdf](https://www.copyright.gov/512/sample-notice.pdf).

##### Confidentiality

The Service may include non-public, proprietary, or confidential
information of CoinTracker and/or of other users ("Confidential
Information"). Confidential Information includes any information that
should reasonably be understood to be confidential given the nature of
the information and the circumstances of disclosure, including
non-public business, product, technology, and marketing information. You
will: (a) protect and safeguard the confidentiality of all Confidential
Information with at least the same degree of care as you would use
protect your own highly sensitive confidential information, but in no
event with less than a reasonable degree of care; (b) not use any
Confidential Information for any purpose other than to exercise your
rights, or to perform your obligations, under these Terms of Service;
and (c) not disclose any Confidential Information to any person or
entity, except your service providers or financial or legal advisors
who/that (i) need to know the Confidential Information and (ii) are
bound by non-use and non-disclosure restrictions at least as restrictive
as those set forth in this Section.

##### Third-Party Services and Transactions

The Service may integrate with, provide links to, or otherwise enable
you to access or use services, sites, technology, data, content, and
resources that are provided or otherwise made available by third parties
(collectively, "Third-Party Services"). Your access and use of
Third-Party Services are subject to the separate terms and conditions,
privacy policies, and fee schedules of such third parties, and
CoinTracker is not a party to any such agreements. CoinTracker has no
control over and is not responsible for any Third-Party Services,
including for the accuracy, availability, reliability, security, or
completeness of information shared by or available through them.
CoinTracker is not an agent, representative, or fiduciary of you or any
third party in connection with any Third-Party Service. You, and not
CoinTracker, are responsible for all fees and charges associated with
your use of any Third-Party Services. CoinTracker enables these
Third-Party Services merely as a convenience, and the integration or
inclusion of such services does not imply an endorsement or
recommendation. CoinTracker reserves the right to change, suspend,
remove, disable, or impose access restrictions or limits on the use of
any Third Party Service at any time with or without prior notice. YOU
EXPRESSLY RELIEVE COINTRACKER FROM ANY AND ALL LIABILITY THAT MAY ARISE
FROM YOUR ACCESS TO AND/OR USE OF ANY THIRD-PARTY SERVICES, INCLUDING,
WITHOUT LIMITATION, CONTENT OR MATERIALS SUBMITTED BY OTHER USERS OF THE
SERVICE.

For the avoidance of doubt, the following terms in this section provide
additional details regarding specific Third-Party Services and do not
limit the scope of this general disclaimer:

**Third-Party Integrations**: The Service may include features that
allow you to connect your CoinTracker account with accounts on
Third-Party Services. To use any such features, you must authorize the
connection in the manner described by CoinTracker, which may include
providing your account credentials, an API key, or another method of
authorization. By providing such authorization, you grant CoinTracker
authority to access, use, and store the information, data, and content
made available by that Third-Party Service.

**Third-Party Transactions**: The Service may include features that
act as an interface to facilitate or allow you to initiate transactions,
such as the sale of digital assets or the sending, filing of documents,
and receiving of payments, that are executed by or through Third-Party
Services ("Third-Party Transactions"). You acknowledge and agree that:

1. CoinTracker's role is strictly limited to providing the technology
    interface for you to initiate such transactions. Accordingly,
    CoinTracker is not a party to any Third-Party Transaction, does not
    act as a broker, exchange, money transmitter, payment processor, or
    creditor, and does not have custody or control over any funds,
    digital assets, or payment transactions. All such transactions are
    conducted and executed exclusively by third-party providers, and
    your legal relationship is directly with that provider. CoinTracker
    makes no representations or warranties regarding whether such
    third-party providers have obtained any necessary governmental
    license or authorization to provide Third-Party Transactions,
    Third-Party Services, or any other services.

2. You are solely responsible for any and all Third-Party Transactions
    you initiate through the Service, including through embedded
    functionalities between CoinTracker and third-party providers. This
    responsibility includes, without limitation (i) complying with the
    terms and conditions, policies, and requirements of the applicable
    Third-Party Service; (ii) ensuring the accuracy and completeness of
    all instructions you provide, including any wallet addresses,
    transaction documentation and amounts, or other required
    information; (iii) reviewing and ensuring the accuracy and
    completeness of Third-Party Transactions proposed by a Third-Party
    Service prior to execution by or through your cryptocurrency wallet,
    including any wallet addresses, transaction amounts, or other
    proposed information; (iv) paying all fees that may be charged by or
    through the applicable Third-Party Service; and (v) complying with
    all applicable laws and regulations governing the Third-Party
    Transaction, including without limitation any tax or anti-money
    laundering requirements. CoinTracker does not monitor or review any
    Third-Party Transactions. All such transactions may be irreversible,
    and, accordingly, losses due to erroneous, fraudulent, or accidental
    Third-Party Transactions may not be recoverable.

3. CoinTracker shall not be liable for any losses, damages, or claims
    arising from Third-Party Transactions, including but not limited to:
    (i) any failure, delay, error, or pricing slippage in transaction
    execution; (ii) any security breach or loss of funds experienced on
    the third-party platform; (iii) any software, hardware, or network
    failures of the third-party provider; (iv) errors in Third-Party
    Transaction data caused by third-party provider software, hardware,
    or networks, including with respect to the type of cryptocurrency,
    amount of cryptocurrency, or destination wallet; (v) any actions or
    inactions of the third-party provider; (vi) any inaccuracies,
    errors, or omissions in cost basis information, tax lot data, or
    other User Content once transferred to or processed by a third-party
    provider; or (vii) any third party's use, interpretation,
    modification, or reliance upon User Content received from
    CoinTracker through embedded functionalities or Third-Party
    Transactions. Your decision to engage in any transaction is made at
    your own risk. For the avoidance of doubt, the general disclaimers,
    limitations of liability, and indemnification obligations in these
    Terms of Service apply fully to your use of Third-Party Transaction
    features.

Without limiting the foregoing, the Service may include features that
enable you to create, send, and manage payment instructions for
cryptocurrency from time to time, and to receive payments for those
instructions. You acknowledge and agree that any such activity is a
Third-Party Transaction for purposes of these Terms of Service, and all
such transactions are executed through our connected third-party
integrations with your designated wallets, exchanges, or other accounts.
All such activity is subject to the terms applicable to Third-Party
Services, third-party integrations, and Third-Party Transactions as set
forth in these Terms of Service.

##### Third-Party Affiliate Marketing

CoinTracker receives affiliation fees from third-party businesses
through referral links on the CoinTracker website or app. We recommend
products and services based on the anticipated needs of our users and
will always make it clear when we receive a commission, referral, or
other fee based on those recommendations.

##### Indemnification

You agree to defend, indemnify, and hold harmless CoinTracker, its
affiliates, and its and their respective officers, employees, directors,
service providers, licensors, and agents (collectively, the "CoinTracker
Parties") from any and all losses, damages, expenses, including
reasonable attorneys' fees, rights, claims, actions of any kind, and
injury (including death) arising out of or relating to your use of the
Service, any User Content, your connection to the Service, your
violation of these Terms of Service, or your violation of any rights of
another. For Organization accounts, the Organization will be solely
responsible and liable for all acts and omissions of its Org Users, and
any act or omission by any Org User that would constitute a breach of
these Terms of Service if taken by the Organization will be deemed a
breach of these Terms of Service by the Organization. Notwithstanding
the foregoing, you will have no obligation to indemnify or hold harmless
any CoinTracker Party from or against any liability, losses, damages, or
expenses incurred as a result of any gross negligence or willful
misconduct of such CoinTracker Party. CoinTracker will provide notice to
you of any such claim, suit, or proceeding. CoinTracker reserves the
right to assume the exclusive defense and control of any matter which is
subject to indemnification under this section, and you agree to
cooperate with any reasonable requests assisting CoinTracker's defense
of such matter. You may not settle or compromise any claim against the
CoinTracker Parties without CoinTracker's written consent.

##### Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. THE COINTRACKER PARTIES EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE COINTRACKER PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET
YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. THE COINTRACKER
PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING WHETHER THEY
HAVE OBTAINED ANY NECESSARY GOVERNMENTAL LICENSE OR AUTHORIZATION TO
PROVIDE THE SERVICES TO YOU.

NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE
OBTAINED BY YOU FROM COINTRACKER OR BY WAY OF OR FROM OUR SERVICES OR
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF
SERVICE.

##### Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COINTRACKER PARTIES WILL NOT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR
LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE
COINTRACKER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE
SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO
EVENT WILL THE COINTRACKER PARTIES' TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID
COINTRACKER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED
DOLLARS ($100).

SHOULD YOU INTEND TO CREATE OR TO JOIN ANY SERVICE, RECEIVE OR REQUEST
ANY NEWS, MESSAGES, ALERTS OR OTHER INFORMATION FROM US OR OUR SERVICES
CONCERNING COMPANIES, STOCK QUOTES, INVESTMENTS OR SECURITIES, PLEASE
REVIEW THE SECTIONS ON DISCLAIMER OF WARRANTIES AND LIMITATIONS OF
LIABILITY HEREIN. IN ADDITION, FOR THIS PARTICULAR TYPE OF INFORMATION,
THE PHRASE "LET THE INVESTOR BEWARE" IS APPROPRIATE. COINTRACKER'S
CONTENT IS PROVIDED PRIMARILY FOR INFORMATIONAL PURPOSES ONLY. THE
SERVICES SHALL NOT BE A SUBSTITUTE FOR TRADING ADVICE, INVESTMENT
ADVICE, LEGAL ADVICE, OR TAX ADVICE FROM A LICENSED PROFESSIONAL.
CERTAIN OF THE PAID SERVICES MAY PROVIDE ACCESS TO AN ADVISOR, BUT
COINTRACKER AND OUR LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE
ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED
AND/OR MADE AVAILABLE BY WAY OF OUR SERVICES, AND SHALL NOT BE
RESPONSIBLE OR LIABLE FOR ANY TRADING AND/OR INVESTMENT DECISIONS BASED
ON ANY SUCH INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET
FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE
TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE
OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED
"DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO
BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW
JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE
LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT
AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE
SECTIONS.

IN NO EVENT WILL COINTRACKER BE LIABLE FOR ANY LOSSES OR DAMAGES
RESULTING FROM (A) ANY FAILURE OR DELAY OF A THIRD-PARTY SERVICE,
INCLUDING ANY CRYPTOCURRENCY EXCHANGE OR BLOCKCHAIN NETWORK, (B) ANY
UNAUTHORIZED ACCESS TO, OR USE OF, YOUR OR ANY ORG USER'S ACCOUNTS OR
DATA THAT RESULTS FROM YOUR FAILURE TO IMPLEMENT REASONABLE SECURITY
PRACTICES, OR (C) THE ACTS OR OMISSIONS OF ANY ORG USER.

##### Dispute Resolution By Binding Arbitration

**PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.**

1. **Agreement to Arbitrate**

This Dispute Resolution by Binding Arbitration section is referred
    to in these Terms of Service as the "Arbitration Agreement." You
    agree that any and all disputes or claims that have arisen or may
    arise between you and CoinTracker, whether arising out of or
    relating to these Terms of Service (including any alleged breach
    thereof), the Service, any advertising, or any aspect of the
    relationship or transactions between us, will be resolved
    exclusively through final and binding arbitration, rather than a
    court, in accordance with the terms of this Arbitration Agreement,
    except that you may assert individual claims in small claims court,
    if your claims qualify. Further, this Arbitration Agreement does not
    preclude you from bringing issues to the attention of federal,
    state, or local agencies, and such agencies can, if the law allows,
    seek relief against us on your behalf. You agree that, by entering
    into these Terms of Service, you and CoinTracker are each waiving
    the right to a trial by jury or to participate in a class action.
    Your rights will be determined by a neutral arbitrator, not a judge
    or jury. The Federal Arbitration Act governs the interpretation and
    enforcement of this Arbitration Agreement.

**Opt Out**. If you are a new user, you can reject and opt out of
    this Arbitration Agreement within thirty (30) days of accepting
    these Terms of Service by emailing us at legal@cointracker.io with
    your full, legal name and stating your intent to opt out of this
    Arbitration Agreement. Opting out of this Arbitration Agreement does
    not affect the binding nature of any other part of these Terms of
    Service, including the provisions regarding controlling law or the
    courts in which any disputes must be brought.

2. **Prohibition of Class and Representative Actions and**
**Non-Individualized Relief**

**YOU AND COINTRACKER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST**
**THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR**
**CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR**
**PROCEEDING. UNLESS BOTH YOU AND COINTRACKER AGREE OTHERWISE, THE**
**ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR**
**PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A**
**CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE**
**ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND**
**DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING**
**RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF**
**NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU**
**MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC**
**INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR**
**THE ENFORCEABILITY OF THIS PROVISION.**

3. **Pre-Arbitration Dispute Resolution**

CoinTracker is always interested in resolving disputes amicably and
    efficiently, and most customer concerns can be resolved quickly and
    to the customer's satisfaction by contacting us. If such efforts
    prove unsuccessful, a party who intends to seek arbitration must
    first send to the other, by certified mail, a written Notice of
    Dispute ("Notice"). The Notice to CoinTracker should also be sent to
    our contact us page ("Notice Address"). The Notice must (i) describe
    the nature and basis of the claim or dispute and (ii) set forth the
    specific relief sought. If CoinTracker and you do not resolve the
    claim within sixty (60) calendar days after the Notice is received,
    you or CoinTracker may commence an arbitration proceeding. During
    the arbitration, the amount of any settlement offer made by
    CoinTracker or you will not be disclosed to the arbitrator until
    after the arbitrator determines the amount, if any, to which you or
    CoinTracker is entitled.

4. **Arbitration Procedures**

Arbitration will be conducted by a neutral arbitrator in accordance
    with the American Arbitration Association's ("AAA") rules and
    procedures, including the AAA's Consumer Arbitration Rules
    (collectively, the "AAA Rules"), as modified by this Arbitration
    Agreement. If there is any inconsistency between any term of the AAA
    Rules and any term of this Arbitration Agreement, the applicable
    terms of this Arbitration Agreement will control unless the
    arbitrator determines that the application of the inconsistent
    Arbitration Agreement terms would not result in a fundamentally fair
    arbitration. The arbitrator must also follow the provisions of these
    Terms of Service as a court would. All issues are for the arbitrator
    to decide, including issues relating to the scope, enforceability,
    and arbitrability of this Arbitration Agreement. Although
    arbitration proceedings are usually simpler and more streamlined
    than trials and other judicial proceedings, the arbitrator can award
    the same damages and relief on an individual basis that a court can
    award to an individual under these Terms of Service and applicable
    law. Decisions by the arbitrator are enforceable in court and may be
    overturned by a court only for very limited reasons.

5. **Costs of Arbitration**

Payment of all filing, administration, and arbitrator fees
    (collectively, the "Arbitration Fees") will be governed by the AAA
    Rules, unless otherwise provided in this Arbitration Agreement. If
    the value of the relief sought is $75,000 or less, at your request,
    CoinTracker will pay all Arbitration Fees. If the value of the
    relief sought is more than $75,000 and you are able to demonstrate
    to the arbitrator that you are economically unable to pay your
    portion of the Arbitration Fees or if the arbitrator otherwise
    determines for any reason that you should not be required to pay
    your portion of the Arbitration Fees, CoinTracker will pay your
    portion of such fees. In addition, if you demonstrate to the
    arbitrator that the costs of arbitration will be prohibitive as
    compared to the costs of litigation, CoinTracker will pay as much of
    the Arbitration Fees as the arbitrator deems necessary to prevent
    the arbitration from being cost-prohibitive. Any payment of
    attorneys' fees will be governed by the AAA Rules.

6. **Confidentiality**

All aspects of the arbitration proceeding, and any ruling, decision,
    or award by the arbitrator, will be strictly confidential for the
    benefit of all parties.

7. **Severability**

If a court or the arbitrator decides that any term or provision of
    this Arbitration Agreement (other than the subsection (b) above
    titled "Prohibition of Class and Representative Actions and
    Non-Individualized Relief" above) is invalid or unenforceable, the
    parties agree to replace such term or provision with a term or
    provision that is valid and enforceable and that comes closest to
    expressing the intention of the invalid or unenforceable term or
    provision, and this Arbitration Agreement will be enforceable as so
    modified. If a court or the arbitrator decides that any of the
    provisions of subsection (b) above titled "Prohibition of Class and
    Representative Actions and Non-Individualized Relief" are invalid or
    unenforceable, then the entirety of this Arbitration Agreement will
    be null and void, unless such provisions are deemed to be invalid or
    unenforceable solely with respect to claims for public injunctive
    relief. The remainder of these Terms of Service will continue to
    apply.

8. **Future Changes to Arbitration Agreement**

Notwithstanding any provision in these Terms of Service to the
    contrary, CoinTracker agrees that if it makes any future change to
    this Arbitration Agreement (other than a change to the Notice
    Address) while you are a user of the Service, you may reject any
    such change by sending CoinTracker written notice within thirty (30)
    calendar days of the change to the Notice Address provided above. By
    rejecting any future change, you are agreeing that you will
    arbitrate any dispute between us in accordance with the language of
    this Arbitration Agreement as of the date you first accepted these
    Terms of Service (or accepted any subsequent changes to these Terms
    of Service).

##### Termination

You agree that CoinTracker, in its sole discretion, may suspend or
terminate your account (or any part thereof) or use of the Service and
remove and discard any content within the Service, for any reason,
including for lack of use or if CoinTracker believes that you have
violated or acted inconsistently with the letter or spirit of these
Terms of Service. Any suspected fraudulent, abusive, or illegal activity
that may be grounds for termination of your use of the Service, may be
referred to appropriate law enforcement authorities. CoinTracker may
also in its sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of these
Terms of Service may be effected without prior notice, and acknowledge
and agree that CoinTracker may immediately deactivate or delete your
account and all related information and files in your account and/or bar
any further access to such files or the Service. Further, you agree that
CoinTracker will not be liable to you or any third party for any
termination of your access to the Service.

##### User Disputes

You agree that you are solely responsible for your interactions with any
other user in connection with the Service, and CoinTracker will have no
liability or responsibility with respect thereto. CoinTracker reserves
the right, but has no obligation, to become involved in any way with
disputes between you and any other user of the Service.

##### General

These Terms of Service (together with the terms incorporated by
reference herein) constitute the entire agreement between you and
CoinTracker governing your access and use of the Service, and supersede
any prior agreements between you and CoinTracker with respect to the
Service. Notwithstanding the foregoing, if you or your Organization have
entered into a separate written agreement with CoinTracker governing
your access to and use of the Service (an "Enterprise Agreement"), the
terms and conditions of such Enterprise Agreement shall prevail over any
conflicting terms in these Terms of Service. You also may be subject to
additional terms and conditions that may apply when you use Third-Party
Services, third-party content or third-party software. These Terms of
Service will be governed by the laws of the State of California without
regard to its conflict of law provisions. The United Nations Convention
on Contracts for the International Sale of Goods does not apply to these
Terms of Service or your or your Organization's use of the Service. With
respect to any disputes or claims not subject to arbitration, as set
forth above, you and CoinTracker submit to the personal and exclusive
jurisdiction of the state and federal courts located within San
Francisco, California. The failure of CoinTracker to exercise or enforce
any right or provision of these Terms of Service will not constitute a
waiver of such right or provision. If any provision of these Terms of
Service is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of these Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service
or these Terms of Service must be filed within one (1) year after such
claim or cause of action arose or be forever barred. A printed version
of these Terms of Service and of any notice given in electronic form
will be admissible in judicial or administrative proceedings based upon
or relating to these Terms of Service to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form. You may not assign these Terms
of Service or any rights or obligations hereunder, whether by operation
of law or otherwise, without the prior written consent of CoinTracker;
any attempted assignment in violation of this provision will be null and
void. For Organization accounts, any direct or indirect change of
control of the Organization (including by merger, consolidation, stock
transfer, or sale of all or substantially all assets), or assignment by
operation of law, will be deemed an assignment requiring CoinTracker's
prior written consent. CoinTracker may assign or transfer these Terms of
Service, in whole or in part, without restriction. The section titles in
these Terms of Service are for convenience only and have no legal or
contractual effect. As used in these Terms of Service, the words
"include" and "including," and variations thereof, will not be deemed to
be terms of limitation, but rather will be deemed to be followed by the
words "without limitation." Notices to you may be made via either email
or regular mail. The Service may also provide notices to you of changes
to these Terms of Service or other matters by displaying notices or
links to notices generally on the Service. CoinTracker will not be in
default hereunder by reason of any failure or delay in the performance
of its obligations where such failure or delay is due to civil
disturbances, riot, epidemic, hostilities, war, terrorist attack,
embargo, natural disaster, acts of God, flood, fire, sabotage,
fluctuations or unavailability of electrical power, network access or
equipment, or any other circumstances or causes beyond CoinTracker's
reasonable control.

##### Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from
California are entitled to the following specific consumer rights
notice: The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may be
contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department
of Consumer Affairs, Consumer Information Division, 1625 North Market
Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800)
952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call
(916) 445-1254 or (916) 928-1227 (TDD). You may also contact us.

##### Questions? Concerns? Suggestions?

Please [contact us](https://support.cointracker.io/) to report
any violations of these Terms of Service or to pose any questions regarding
these Terms of Service or the Service.

## Cookie consent

We and our partners use cookies and other tools to process information about your use of our site to provide the best user experience and help with marketing. By agreeing, you accept the use of cookies and [our terms](https://www.cointracker.io/terms). View our [privacy policy](https://www.cointracker.io/privacy) for details.

AgreeManage cookies