CoinTracker Terms of Service (EU)

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"). These Terms of Service ("Terms of Service" or "Terms") form a legal contract between You, either (a) an individual user or (b) a business organization (in either case the "Customer", "You" or "Your"), and CoinTracker with respect to the provision of the Service by CoinTracker. If you are a consumer (Verbraucher) within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch, "BGB"), the rights in Section 11 of these Terms of Service apply to You.

If You subscribe to the Services through our website, by clicking on the "ACCEPT TERMS" and "Subscribe with the obligation to pay" button or by using them, You agree to be bound by these Terms of Service. If You are an individual entering into these GTC on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms of Service; if You do not have such authority, or if You do not wish to be bound by these Terms of Service, You must not click the buttons, and You must not access or use the Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT AND IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS BEFORE YOU USE THE SERVICE.

Your Privacy: At CoinTracker, we respect the privacy of our users. For more information please see our Privacy Policy and under the “Privacy policy” section of our mobile apps (the “Privacy Policy”).

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"):

1. these Terms of Service constitute an agreement between CoinTracker and the Organization;

2. 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 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;

3. the individual's acceptance of these Terms of Service will bind the Organization to these Terms of Service;

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

5. 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;

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

7. 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; and

8. 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.

The Organization is 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.

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.

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. The 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.

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.

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 that these Services may not be suitable for every investor and that You should always undertake to make Your own investment decisions. You further acknowledge 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 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, data, text, software, music, sound, photographs, graphics, messages, and other materials ("content") that You make available to CoinTracker, including by uploading, posting, publishing, or displaying (hereinafter, "upload(ing)") via the Service 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:

1. email or otherwise upload any content that:

   1. infringes any intellectual property or other proprietary rights of any party;
   2. You do not have a right to upload under any law or under contractual or fiduciary relationships;
   3. 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;
   4. poses or creates a privacy or security risk to any person;
   5. 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;
   6. 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
   7. 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;

2. 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;

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

4. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

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

6. 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;

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

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

9. 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. 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 and Stripe's Global Privacy Policy available at: 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 and Stripe's Global Privacy Policy available at 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 Agreements 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: If You would like to request a refund, You can contact us 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 at any time. The rights granted to consumers under Section 11 shall remain unaffected and continue to apply in full force, as well as any statutory rights or protections provided to consumers in accordance with Section 11 shall be preserved and not altered or limited by any other terms in these Terms of Service.

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 CoinTracker, You acknowledge that you may receive electronic communications in response, in compliance with data protection requirements. If consent is required under applicable privacy laws, such consent will be obtained separately. 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"), the International Traffic in Arms Regulations maintained by the U.S. State Department, and similar laws and regulations administered or enforced by the European Union or other applicable governmental authorities. 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, the European Union or any other relevant governmental authority (each such country, region, territory or jurisdiction a "Sanctioned Country"), which, as of the date of these Terms of Service, including 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, the U.S. Department of State, the European Union or any other relevant governmental authority (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 and the anti-money laundering directives of the European Union, as amended (collectively, "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 the ability to:

1. upload content to the Service via a mobile device;
2. browse the Service and the Site from a mobile device, and
3. 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

1. install the Mobile App on one mobile device and
2. use the Mobile App for Your own personal use solely to access and use the Service.

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. 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.

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 .

• 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")

• You acknowledge that these Terms of Service are between You and CoinTracker only, and not with Google, Inc. ("Google");

• Your use of Google-Sourced Software must comply with Google's then-current Google Play Terms of Service;

• Google is only a provider of Google Play where You obtained the Google-Sourced Software;

• CoinTracker, and not Google, is solely responsible for CoinTracker's Google-Sourced Software;

• Google has no obligation or liability to You with respect to Google-Sourced Software or these Terms of Service; and

• 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. 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 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) to refuse or remove any content that is available via the Service, in accordance with applicable law, including the EU Digital Services Act. 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, provided that such decisions are made with due diligence, objectivity, and proportionality, and with respect for users' fundamental rights. CoinTracker provides a mechanism for users to report illegal or objectionable content and will process such reports in accordance with the DSA. Details of your rights, how to report content, and how to appeal decisions are set out in our Content Moderation Policy, which forms part of these terms.

User Content: You represent and warrant that You own all right, title and interest in and to such 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 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 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 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:

• comply with legal process, applicable laws, or government requests;

• enforce these Terms of Service;

• respond to claims that any content violates the rights of third parties; or

• 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.

Copyright Infringement: CoinTracker respects the intellectual property rights of others and complies with the requirements of the German Copyright Act (Urheberrechtsgesetz, "UrhG"). If you believe that your copyright-protected work has been used or made available on our platform in a way that constitutes an infringement of your rights, you may notify us as follows. Please send a written notice of the alleged infringement to our designated contact at legal@cointracker.io (Subject line: Copyright Infringement Notice - Germany). Your notice should include the following information:

• A description of the copyrighted work that you claim has been infringed;

• A description of where the allegedly infringing material is located on our platform (e.g., URL or other identifying information);

• Your name, address, telephone number, and email address;

• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;

• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Upon receipt of a sufficiently detailed notice, CoinTracker will promptly review the complaint, take appropriate action (which may include removal or disabling access to the allegedly infringing material), and, where appropriate, notify the respective party responsible for the content.

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 for 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.

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:

1. 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.

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

   • 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.

   • You are solely responsible for any and all Third-Party Transactions you initiate through the Service. 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 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.

   • 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; or (v) any actions or inactions of the third-party provider. 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

Data Protection and Data

To the extent You or the Organization is deemed a data controller or data processor under the Regulation ("EU") 2016/679 General Data Protection Regulation, You and CoinTracker agree to the Data Processing Addendum ("DPA") that forms an integral part of these Terms of Service to the extent CoinTracker is processing personal data on behalf of You or the Organization. The Parties agree to amend the DPA in good faith to the extent that this is required to comply with the applicable data protection laws.

The terms and conditions set forth in the Data Act Addendum shall apply to the extent the Service constitutes Data Processing Services. "Data Processing Services" means any digital service that is provided to a customer that enables ubiquitous and on-demand network access to a shared pool of configurable, scalable, and elastic computing resources of a centralized, distributed, or highly distributed nature that can be rapidly provisioned and released with minimal management effort or service provider interaction.

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 direct losses, damages, or expenses (including reasonable attorneys' fees) arising out of your culpable breach of these Terms of Service or your culpable violation of the rights of a third party, to the extent such losses, damages, or expenses are caused by your intentional or negligent conduct. 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.

The indemnification obligation does not apply to the extent that any loss, damage, or expense is caused by intentional misconduct or gross negligence of a CoinTracker Party, or to the extent that liability cannot be limited or excluded under mandatory statutory provisions, in particular in cases of injury to life, body, or health.

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.

Widerrufsrecht (Right of Withdrawal)

If You are a consumer, You have a statutory right of withdrawal (Widerrufsrecht). You find our withdrawal policy (Widerrufsbelehrung) in accordance with German law here.

Warranties

If You are a consumer, Your statutory rights regarding defects (Gewährleistungsrechte) apply. CoinTracker warrants that the Service will be provided in accordance with the contract and free from material defects and defects of title. In the event of a defect, You are entitled to the statutory rights, including but not limited to subsequent performance (Nacherfüllung), withdrawal (Rücktritt), reduction (Minderung), and damages (Schadensersatz), subject to the limitations set out below. Unless expressly agreed otherwise, CoinTracker does not provide any guarantees (Garantien) beyond the statutory warranty rights.

Limitation of Liability

Unlimited Liability: CoinTracker shall be liable without limitation for damages arising from injury to life, body, or health caused by a breach of duty by CoinTracker, its legal representatives, or vicarious agents, as well as for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit).

Material Contractual Obligations: For damages resulting from the breach of material contractual obligations (Kardinalpflichten) due to slight negligence (einfache Fahrlässigkeit), CoinTracker's liability shall be limited to the foreseeable, typically occurring damage. Material contractual obligations are those whose fulfillment is essential to the proper execution of the contract and on whose compliance the contractual partner may regularly rely. In the event of data loss caused by slight negligence, CoinTracker shall only be liable for the typical recovery effort that would have occurred if proper and regular data backups had been made.

Product Liability and Guarantees: Liability under the German Product Liability Act (Produkthaftungsgesetz) and for guarantees (if expressly given) remains unaffected.

Other Cases: In all other cases, CoinTracker's liability is excluded.

Term and Termination

The Service will automatically end without notice at term end. Before the term ends, neither party is entitled to terminate the Service except for good cause or pursuant to other statutory termination rights.

If CoinTracker terminates the Terms of Service for cause, in particular due to your violation of these Terms of Service, in its sole discretion, it may suspend or terminate Your account (or any part thereof) or use of the Service and remove and discard any content within the 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.

Miscellaneous

Applicable Terms: 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.

Choice of Law: These Terms of Service and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Disputes and Jurisdiction: If You are a consumer (Verbraucher) within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), any disputes arising from or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts at Your place of residence. If You are not a consumer, the exclusive place of jurisdiction shall be Düsseldorf, Germany.

Provisions on the Interpretation of the Terms: 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: 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.

Questions? Concerns? Suggestions?

Please contact us to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.