Terms of Service

Effective June 23, 2025

PLEASE MAKE SURE THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS. BY ACCESSING THE WEBSITES AND/OR USING OUR SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US AND YOU WILL BE DEEMED TO HAVE EXPRESSLY READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS AGREEMENT REQUIRES YOU AND COINJAR, INC. TO RESOLVE DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIAL OR CLASS ACTION.

### 1. Acceptance of Terms of Service

1.1. These terms and conditions, together with any linked policies and attached annexes or schedules (collectively, these “Terms of Service”), apply to you (“you”, “user”, “client”, “customer”) in connection with your access to and use of the websites and mobile applications (“Website”) or any of the products and services described in these Terms of Service (“Services”) provided by CoinJar, Inc. (“CoinJar”, “we”, “us”, or “our”). Please take the time to read and understand these Terms of Service before accessing our Website so that you are aware of your legal rights and obligations. In the event of any inconsistency between these Terms of Service and any policy, annex or schedule, the relevant policy, annex, or schedule will prevail.

1.2. Your sole and exclusive counterparty to these Terms of Service is CoinJar, Inc., a Delaware corporation with its principal place of business at 149 New Montgomery Street, 4th Floor, Suite 432, San Francisco, California 94105, USA.

1.3. By using this Website or our Services, you:

• agree that you have read, understood, and accept these Terms of Service, which include our Privacy Policy (which can be found at ), Biometric Privacy Disclosure and Consent (which can be found at ), and Cookie Notice (which can be found at ), in full; and

• warrant and represent that you are at least eighteen (18) years of age and have full legal capacity to enter into an agreement.

1.4. We may revise these Terms of Service, INCLUDING, WITHOUT LIMITATION, THE DISPUTE RESOLUTION PROVISION AT SECTION 25 BELOW, WHICH CONTAINS AMONG OTHER TERMS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER PROVISION, from time to time by amending this page and providing you with reasonable notice. We will email you using the email address you most recently provided to us to advise you that our terms will be changing. By continuing to access our Website and/or use our Services once the revised terms have become effective, you agree to be bound by the revised terms. In the event that you do not agree to the revised terms, you must not access our Website or any of our Services and you should contact us to close your CoinJar accounts.

1.5. You agree that CoinJar may communicate with you about its Services electronically. You are responsible for keeping your email address up to date in your account profile. If at any time you no longer wish to receive these communications, please contact CoinJar Support by email at support@coinjar.com.

2. Use of the Website and Services

2.1. Risk Warning

2.1.1. You acknowledge that, although we are providing you with access to the Website and Services, we do not make any recommendations about trading in digital currencies (also known as “cryptocurrencies”, “cryptoassets”, “digital assets” or “virtual assets”). Before making the decision to buy, sell or hold any cryptocurrencies, you should conduct your own due diligence and consult your financial advisor. It is your responsibility to determine whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances, and risk tolerance. Enter into a transaction only if you fully understand its nature, the contractual relationship into which you are entering, all relevant terms and conditions, and the nature and extent of your exposure to loss.

2.1.2. We use third party banking, safekeeping and payment providers (such as Cross River Bank), and the failure of any of these providers could also lead to a loss of your assets. We recommend you obtain financial advice before making a decision to use your credit card to purchase cryptoassets or to invest in cryptoassets.

2.1.3. CoinJar may restrict or prohibit access to the Website and/or the use of any or all of its Services in any jurisdiction or U.S. state from time to time and without advance notice to you.

2.1.4. CoinJar, its affiliates and their respective third party service providers may need to provide you with certain communications, notices, agreements, statements, or disclosures in writing regarding our Services. You acknowledge that information and communications transmitted via the Website and the Services are generally transmitted via the Internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that any information or communications so transmitted will be completely protected against unauthorized access. By accessing the Website and/or using the Services, you are accepting those associated risks.

2.2. Access to CoinJar In Other Jurisdictions

2.2.1. CoinJar may, in order to protect our legitimate business interests and acting reasonably, restrict or prohibit the use of any or all of its Services in any jurisdiction due to commercial reasons, regulatory requirements or sanctions. If possible, we will endeavor to provide reasonable advance notice of such restrictions to allow you to withdraw any remaining balances in your CoinJar account.

2.2.2. You may continue to use our Services if you are traveling, except if you are traveling in a sanctioned country or restricted country not supported by CoinJar (“Prohibited Jurisdictions”), in which case you will not be able to access our Services from those countries.

2.2.3. You must promptly tell us if you have changed your residency to a different country or to a different U.S. state.

2.3. Consent To Electronic Communication

By providing us with your email address or other contact information, you agree that we may, in accordance with the E-Sign Disclosure and Consent Policy (which can be found at ), communicate with you about our Services electronically. Standard messaging and data rates may apply to such communications and you are responsible for any such fees. Any electronic communications will be considered to be received by you within 24 hours after the time we email it to you or otherwise send it to your attention (such as via text message or other online notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send them. You are responsible for keeping your email address up to date in your CoinJar account profile. If at any time you no longer wish to receive these communications, you may unsubscribe via the link in the electronic communication or you may contact support@coinjar.com. CoinJar reserves the right to close your account or limit access to the Website and/or Services if you withdraw your consent to receive electronic communications.

3. Registration

3.1. To access parts of our Website or use some of our Services, you must be a registered user. You can register as a user by providing your name, email address, mobile phone number and certain identity information. You are also required to create a password and username, and confirm your acceptance of these Terms of Service.

3.2. To comply with our anti-money laundering obligations, we use third party service providers such as Plaid to electronically verify your identity. This may result in a soft footprint being left on your credit report, which is conducted solely for the purpose of verifying your identity and is not a credit check. These searches do not have an impact on your credit file and will not be seen by any company performing their own credit check.

3.3. We may, in our sole discretion, decline to open a CoinJar account for you based on various factors, including but not limited to our risk assessment procedures, compliance with applicable laws and regulations, and our internal policies.

3.4. You represent and warrant to us in opening an account with us that you are not acting on behalf of, or for the benefit of, anyone else, including, without limitation, on behalf of any business entity.

3.5. If you have applied for another account in the past with any of the same information, we reserve the right to not approve the new account, and you may be required to access and use your previously approved account. If you were previously denied an account, or had an account closed by us, you may not be able to reapply for an account.

4. Digital Currency Services

4.1. CoinJar Accounts

CoinJar provides customers access to digital currency accounts and fiat currency accounts which enable you to buy and sell digital currency by trading directly with CoinJar as principal, as well as to deposit and withdraw digital currencies. We will process digital currency transactions in accordance with the instructions we receive from you. You are responsible for verifying the accuracy of all transaction information prior to submitting instructions to us. CoinJar accepts no responsibility for any loss or damages if you provide us with any wrong or false information, including but not limited to the incorrect wallet address, destination tag, or similar, of the receiver, or the incorrect username of the CoinJar user. We do not guarantee the identity of any user, receiver, requestee or other party. Subject to our token listing policy, we may add or remove support for any particular digital currency at any time.

4.2. Instant Buy

CoinJar allows users to buy and sell digital currency via its Instant Buy service. This involves making an ACH payment to fund the purchase. This is completed in real-time and incurs a fee. Your bank may apply other fees and charges which are outside of CoinJar’s control.

**4.2.1. Reserved Balance with Instant Buy – ACH Transfer

When you make an Instant Buy purchase by ACH transfer:

• your purchase price is locked at the time of the Instant Buy purchase; however

• the digital currencies purchased cannot be cancelled, sold, converted, or withdrawn until cleared funds are received by CoinJar (which may take up to 5 bank days for ACH transfers – and during which period, your account may show these funds as “pending”).

CoinJar reserves the right to cancel the trade at any time within this window if we reasonably suspect fraudulent activity. In addition, we may also impose a requirement that any digital currencies purchased (or any proceeds from selling those digital currencies) must remain within your account for a further 7 calendar days (depending on our risk assessment of your account activity) for ACH transfers from a new bank account (“Reserved Balance” – and during which period, your account may show these funds as “reserved”). During this time, you can convert and sell the purchased digital currencies, and withdraw any proceeds back to the same bank account used to make the ACH transfer. However, you will not be able to send any digital currencies externally if it would cause your account portfolio value to go below the ACH payment amount.

The Reserved Balance feature is intended to reduce the ongoing risks of bank chargebacks and fraudulent transactions passing through CoinJar. Further details in relation to Reserved Balances can be found on our Knowledge Base (which can be found at ).

4.3. Deposits and Withdrawals

You must only fund your account with deposit services supported by CoinJar and these may change from time to time. Deposits made via unsupported methods, including unsupported cryptocurrency protocols, are likely to be lost. If your deposit is deemed by us to be recoverable, you acknowledge that there will be a cost associated with us recovering the deposit and agree that we may deduct those costs from available funds in your account. You must ensure that your deposit instructions are treated in confidence and not shared with anyone.

When you withdraw any amounts from your account, including digital currencies, you are ultimately responsible for providing us with accurate instructions, including blockchain addresses and the appropriate blockchain network for us to process your withdrawal request. CoinJar does not have control of, or liability for, any errors, omissions, or failures of your instructions or the relevant blockchain network in processing your instructions.

4.4. Finality of Digital Currency Transactions

CoinJar cannot cancel or reverse any digital currency transactions once they have been submitted to the relevant digital currency network. Digital currency transactions are subject to confirmation by the relevant digital currency network and may not be reflected in your account until this process is complete.

4.5. Supported Digital Currencies

CoinJar will, at its discretion, select those digital currencies it supports, and these may change from time to time. We assume no responsibility or liability in connection with any attempt to use your account to store, send or receive digital currencies in any form that we do not support. If we decide, at our discretion, to discontinue support for a digital currency, we will use reasonable efforts to assist you with moving or selling the digital currency that is no longer supported.

4.6. Changes to Protocols and Forks

CoinJar does not own or control the underlying software protocols which govern the operation of digital currencies supported on our platform. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security, or availability. You acknowledge and accept the risk that underlying software protocols relating to any digital currency you store in your accounts may change.

The underlying protocols may be subject to sudden change in operating rules (“Forks”), and such Forks may materially affect the value, function, and/or name of the digital currency you store in your accounts. Where reasonably possible, we will provide you with notices or alerts on Forks. However, it is your responsibility to make yourself aware of, and consider how to deal with upcoming Forks. CoinJar may, at its discretion, decline to support either or both branches of a Fork. You acknowledge the risks presented by Forks and you accept that CoinJar has no responsibility to assist you to move or sell an unsupported branch of a forked protocol.

5. Stablecoins

5.1. Risks Associated With Stablecoins

CoinJar may from time to time support stablecoins, which are a class of digital currencies which generally purport to be backed by, or aim to maintain stable value relative to, another asset including fiat currency or commodities such as silver or gold. By buying or selling stablecoins from or to CoinJar, you agree that you have read, understood, and accepted all of the terms and conditions and risks associated with each particular stablecoin.

In particular, there is a risk that any particular stablecoin:

• may not hold their value as against any fiat currency; or
• may not hold their value as against any other asset.

5.2. Redemption of Stablecoins

You acknowledge that CoinJar is not the issuer of any particular stablecoin and has no obligation to repurchase your stablecoins for any particular fiat currency or asset. Where CoinJar ceases to support trading of a stablecoin, you must redeem your stablecoins with the issuer directly in accordance with the terms associated with each stablecoin.

CoinJar reserves the right to change, suspend, or discontinue any service in relation to any stablecoin at any time, including hours of operation or availability of any feature, without advance notice to you.

6. Payments & Refunds

6.1. Transaction Fees

Each transaction that you process using our services may be subject to a transaction fee. We may, at our discretion, deduct transaction fees from your accounts either on an individual per transaction basis or on a daily-consolidated basis.

6.2. Spreads

We may include a margin or “spread” within our quoted digital currency asset prices.

6.3. Network Fees

We may charge network fees to process digital currency transactions on your behalf. We will notify you of the network fee at or before the time you authorize the digital currency transaction. The network fee quoted to you by CoinJar is calculated based on prevailing blockchain network fees and market standards. These are influenced by factors such as network demand at a particular time.

Please note that the network fee paid by you to CoinJar may be lower or greater than the network fee ultimately paid to the blockchain network to process your transaction. This may be caused by changes in network conditions between the time a quote is provided and the time the transaction is actually processed.

6.4. Dispute Fees

Disputing a deposit service transaction, raising an investigation or error correction request with your bank for any reason (fraudulent or otherwise) will result in a transaction dispute fee, except where prohibited by law. The transaction dispute fee is subject to change as determined by our payment provider, and the most up-to-date fee can be found on our Website. In order for us to protect our legitimate business interests and acting reasonably, you agree we may deduct the transaction dispute fee from any available funds in your CoinJar accounts, to the extent that is reasonable and proportionate to the context of the dispute. Except as set forth in Subsection 7.2.2 below, all disputes between you and CoinJar are to be resolved as set forth in Section 25 below.

6.5. Applicable Tax

6.5.1. Sales tax or other taxes may apply to our Services. All amounts payable under this Agreement to CoinJar are exclusive of any applicable taxes. If any applicable taxes are or become chargeable on any supply made by CoinJar and we are required to account to the relevant tax authority, we will notify you and you must pay to us (in addition to and at the same time as paying any other consideration for such supply) an amount equal to the amount of the tax. We will provide you with a valid receipt if any tax has been collected from you.

6.5.2. Capital Gains Tax may be payable on profits. It is your responsibility to determine what, if any, taxes apply to your digital currency transactions, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. CoinJar is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.

6.6. Set Off

CoinJar may combine or set off the balances of two or more of any type of CoinJar accounts (e.g., a digital currency account and a fiat currency account, or even two different digital currency accounts). This may happen when one account is in debit, and another is in credit. For example, an account may be in debit if there is an outstanding amount owed to CoinJar resulting from daily-consolidated transaction fees. Where this is the case, the credit balance in one account can be used to repay the debit balance in another account. CoinJar will promptly inform you if it has exercised this right, and CoinJar need not give you notice in advance. Further, CoinJar may reasonably delay, block, or refuse any withdrawal from any of your CoinJar accounts while reviewing whether to exercise or arranging to exercise the set-off right in this clause, and CoinJar will incur no liability to you if it does so.

7. CoinJar Exchange

7.1. What is CoinJar Exchange?

7.1.1. CoinJar Exchange is an advanced digital currency exchange platform (“CoinJar Exchange”) which gives users more control over their buy and sell orders, including the ability to place market orders, limit orders, and to view all current quotes on CoinJar Exchange. All use of CoinJar Exchange is subject to the trading rules available on our Website at (“Trading Rules”).

7.1.2. Users have access to a separate account on CoinJar Exchange which can be funded and used to place orders on CoinJar Exchange.

7.1.3. CoinJar acts as an agent by matching the user’s instructions to buy or sell currencies at a price nominated by the user against instructions from another user.

7.1.4. CoinJar has discretion to determine the minimum trading size.

7.1.5. Orders are generally matched in the order they are received. Limit orders are prioritized by the price you set, and then by time.

7.1.6. CoinJar Exchange is generally open at all times. We aim to announce any scheduled maintenance with at least 24-hours’ notice. Unexpected disruptions may occur due to technical issues.

7.2. How do users trade on CoinJar Exchange?

7.2.1. When a user submits an order on CoinJar Exchange, CoinJar will attempt to match the instruction with a quote available on CoinJar Exchange. Settlement and delivery of transactions is initiated immediately upon the matching of instructions. The user authorizes CoinJar to settle the transactions from or to the user’s CoinJar Exchange account, and to deduct any transaction fees (or other amounts owing under these Terms of Service) from the user’s Exchange Account. In some circumstances, we may be unable to completely fulfill your order, as this will depend on the liquidity available in CoinJar Exchange. The remainder of any partially fulfilled orders will wait to be filled in CoinJar Exchange. CoinJar reserves the right to refuse to process any order or transaction in its sole discretion.

7.2.2. All trades on CoinJar Exchange are final, unless we are required by law to reverse certain trades or where an error, glitch, or loophole has occurred to cause trades that are not consistent with our Terms of Service or Trading Rules. CoinJar will take reasonable steps to prevent pricing errors from occurring. Should a pricing error occur due to a typographical error or obvious mistake in pricing, CoinJar will not be liable for any damages, claims, losses, liabilities, or costs arising from the pricing error. Any dispute arising from a pricing error will be resolved on the basis of the fair market price, as reasonably determined by CoinJar, of the relevant trading pair at the time such pricing error occurred. Users acknowledge that prices may change when processing their order instructions due to network delay.

7.3. Market Making

7.3.1. CoinJar or its related entities may participate in CoinJar Exchange as a market maker or taker to provide liquidity, to hedge against market risk, and for operational reasons. You acknowledge, agree, and accept that, as part of this activity:

• we may enter into any transaction with you as your counterparty;
• we may maintain positions in various digital currencies, including positions that are contrary to your positions; and
• such market making activities may be done by way of algorithmic trading.

7.3.2. Our market making activity can have an impact on the price of the digital currencies and liquidity available on our platform. We may realize a profit or equally a loss in connection with market making activity.

7.4. CoinJar Exchange Fees

Each purchase or sale of digital currency via CoinJar Exchange incurs a transaction fee. The transaction fee will depend on the particular currency pair you trade and our current fees are available on the CoinJar Exchange website (found at ). Transaction fees are always charged in the counter currency. When buying or selling digital currency on CoinJar Exchange, fees are additional to the order value. We may, at our discretion, adjust any of our transaction fees at any time.

Transaction fees are deducted from your Exchange Account on a daily-consolidated basis in accordance with the Trading Rules.

If any currency accounts within your Exchange Account are in deficit at any time, we may restrict further trading. By transferring additional funds into your Exchange Account, you authorize CoinJar to recover any account deficits before processing your transfer. By placing new trading orders (provided the new orders will not increase the account deficit), you authorize CoinJar to recover account deficits before settling to your Exchange Account. You also authorize CoinJar to place trading orders on your behalf to sell currencies with positive balances (in both your CoinJar accounts and your Exchange Account) to recover any deficits. You acknowledge and agree that the preceding authorizations and actions are fair and reasonable to protect both CoinJar and you against exposure resulting from rapidly fluctuating asset prices.

7.5. CoinJar Exchange API

CoinJar Exchange allows users to trade using an Application Programming Interface Key (“API Key”) that is specific to each user. You must keep your API Key secure, confidential, and safe. All instructions provided to CoinJar through the API using your API Key will be deemed to be instructions authorized by you and will be binding on you. You may revoke your API keys at any time using the Website.

8. CoinJar Bundles

8.1. What are CoinJar Bundles?

CoinJar Bundles is a service offered by CoinJar which allows users to easily diversify their portfolio by investing in baskets of cryptocurrencies with pre-defined allocations, either on a proportional basis or a cap-adjusted basis (“Bundles”). When you add funds into a Bundle, you instruct us to initiate multiple purchases of cryptocurrencies on your behalf in accordance with the allocations indicated to you within the Bundle.

Please note that you are unable to purchase Bundles directly. Bundles simply assist you to purchase individual cryptocurrencies on a diversified basis, without needing to place multiple buy orders.

For example:

• if a user adds $100 into a Bundle with a proportional allocation of 50% Bitcoin and 50% Ether (“Popular Duo Bundle”), $50 will be used to purchase Bitcoin and $50 will be used to purchase Ether; and

• if a user adds $100 into a Bundle with a cap-adjusted allocation of Bitcoin, Ether and XRP (“Popular Trio Bundle”), as at the time of writing, $72.70 will be used to purchase Bitcoin, $25.70 will be used to purchase Ether and $1.60 will be used to purchase XRP. This allocation is reviewed and updated approximately every quarter.

8.2. Rebalances

A user can initiate a rebalance of their holdings within each Bundle if:

• CoinJar makes a change to the pre-defined allocations of cap-adjusted Bundles;
• CoinJar adds or removes a type of cryptocurrency within each Bundle; or
• the prices of cryptocurrencies change such that the cryptocurrencies held within a Bundle do not reflect the target allocation.

For example, over time, the value of Bitcoin may have increased and the value of Ether may have decreased such that the value of the cryptocurrencies held within a user’s Popular Duo Bundle may be at a proportion of 75% Bitcoin and 25% Ether. When a user initiates a rebalance, Bitcoin will be sold and Ether will be purchased, such that the value of the cryptocurrencies held within the bundle will reflect a proportion of 50% Bitcoin and 50% Ether.

Adding funds into a Bundle or rebalancing a Bundle will incur transaction fees for the purchase or sale of the cryptocurrencies within the Bundle. No additional fees apply for the use of the CoinJar Bundles feature.

For more information about CoinJar Bundles, please refer to our Knowledge Base at .

9. Security

9.1. Your Responsibility to Keep Your Account Secure

9.1.1. You are solely responsible for taking necessary security measures to protect your CoinJar Account and to keep your login credentials secure. Under no circumstances may you access, use, or sign in to, the account of another CoinJar user. You must ensure that your email, devices, password and two factor authenticator codes are kept confidential and maintained with adequate security. You must also ensure you are visiting the correct Website(s) before attempting to sign in to your CoinJar account.

9.1.2. We may require you to enable multi-factor authentication to your accounts by adding, including, but not limited to, SMS-based and/or app-based two factor authentication.

9.1.3. We will communicate with you through the Websites or through CoinJar support using an email address from the domain “@coinjar.com”. We will not request your password, security information or login details by email. Any such emails may be coming from other parties seeking to use this information to access your accounts.

9.1.4. CoinJar may restrict and/or disable your account access or password at CoinJar’s sole discretion if it suspects that your accounts have been compromised. CoinJar accepts no responsibility for any loss or damage you may suffer in connection with your accounts being compromised in relation to your failure to keep your login credentials secure, to the extent permitted by applicable law.

9.2. Phishing, Viruses and Malware

We are not liable for any damage or interruption caused by computer viruses, spyware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the use of reputable virus screening and malware prevention software on all your devices. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.

9.3. Access by Third Parties

If you grant express permission to a third party to access or connect to your CoinJar account(s), either through the third party’s product or service or through the CoinJar Website, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms of Service. You are fully responsible for all acts or omissions of any third party with access to your CoinJar account(s) and any action of such third party shall be considered to be an action authorized by you. Further, you acknowledge and agree that you will not hold CoinJar responsible for, and will indemnify CoinJar from, any liability arising out of or related to any act or omission of any third party with access to your CoinJar account(s).

10. Risks

10.1. Investing in digital currencies is inherently risky. The legal status of digital currencies is uncertain. They are not legal tender in most jurisdictions. Using our Services carries a range of risks, including the following:

• Market risk: This is the risk that the value of any digital currencies you hold will fluctuate. Changes in value may be significant, may occur rapidly and without warning, and may lead to a total loss. Digital currency valuations may be impacted by a range of market factors (such as market volatility; market sentiment; movements in interest rates; domestic and international economic conditions, which generally affect business earnings; political events, war, natural events; and changes in government, monetary policies, taxation and other laws and regulations).

• Liquidity risk: Digital currencies may, at a particular time, have limited liquidity which may make it difficult or impossible for you to sell your currency holding when you wish to do so, at a price which you consider to be reasonable.

• Availability risk: We do not guarantee that our Services will be available at any particular time or that our Services will meet any minimum uptime levels. It may not be possible for you to buy, sell, store, transfer, send or receive digital currency using CoinJar when you wish to do so.

• Security risk: This is the risk that your CoinJar accounts may be compromised and that you may lose some or all of your digital currency. CoinJar may implement systems to reduce the risk of accounts being compromised, but it is not possible for CoinJar to eliminate this risk. To safeguard your funds, we store at least 90% of all cryptoassets, including customer assets, in cold storage wallets, multi-signature (“multi-sig”) wallets, or multi-party computation (“MPC”) wallets. This ensures that cryptoassets held are secure and geographically redundant. By using these storage methods, we mitigate the risk of theft and loss. Multi-sig and MPC features are supported by our technology providers, BitGo, Inc. and Fireblocks Ltd. Customer deposits and withdrawals that are processed on the blockchain are supported by these providers. A portion of cryptoasset balances are held in custody by BitGo Trust Company, Inc., a South Dakota chartered trust company (“BitGo Trust”). BitGo Trust holds limited insurance policies for the cryptocurrencies held in its custody. However, the insurance policy does not apply to the entirety of balances and does not cover any loss caused by any unauthorized access into your CoinJar account or any transfers authorized by you. You must follow CoinJar’s instructions regarding adequate security of your user ID and passwords, including as set out in these Terms of Service, on our Website and as otherwise notified to you from time to time.

• Trading risk: Cryptoassets carry high risk. Given the potential price volatility which can be extreme, the value of your cryptoassets may fall rapidly or over time.

• Third party and counterparty risk: You should be aware that we use third party payment providers, custodians, and banking partners in the provision of our Services. In the United States, these third parties include Cross River Bank, BitGo, and Fireblocks.

10.2. By using the Website and/or our Services, you represent and warrant that you understand the risks associated with digital currencies.

11. Acceptable use

11.1. General Prohibitions on Use

11.1.1. YYou must not use this Website and/or our Services in any way that causes, or may cause, damage to the Website or Services or impairment of the availability or accessibility of the Website or Services.

11.1.2. You agree to use the Website and our Services in good faith, in accordance with these Terms of Service and any applicable law or regulation.

11.1.3. You will comply with any policies, procedures, operating rules, and directions of CoinJar from time to time in relation to your access to the Website, use of the Services and the manner of performance of your obligations under these Terms of Service.

11.1.4. You are responsible for all dealings through the Website and our Services, including any fraudulent, illegal, or unauthorized dealings, which are attributable to your conduct. You release and discharge CoinJar from any liability in respect of such dealings.

11.1.5. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website or Services without CoinJar’s express written consent.

11.1.6. You agree to provide CoinJar with accurate, current, and complete information about yourself as prompted by our registration or service process, and keep such information updated.

11.2. Fraudulent, Unauthorized or Exploitative Behavior

CoinJar reserves the right to take any action, including legal action through the process set forth in Section 25 below, necessary to recover funds, digital currencies, or assets acquired by you as a result of fraudulent, unauthorized, or exploitative behavior. CoinJar may also take such action to recover any funds, digital currencies, or assets which you have received, acquired, or accumulated due to an error, glitch, or loophole. We will notify you if such error has occurred and you agree that it is our right to recover any such funds, digital currencies, or assets, including by deducting funds from your CoinJar accounts.

12. Suspension, termination and cancellation

12.1. General

12.1.1. CoinJar may, in its sole discretion:

• refuse to complete, or block, or reverse a transaction you have authorized (even after funds have been debited from your CoinJar accounts);

• suspend, restrict, or terminate your access to any or all of the Services provided by CoinJar; and/or

• deactivate or close your CoinJar accounts with immediate effect,

For any or no reason including, but not limited to when:

• we are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;

• we reasonably suspect you have breached our Terms of Service, Privacy Policy, and/or other policies;

• we are concerned that a transaction is erroneous, or about the security of your CoinJar accounts, or we suspect our Services are being used in a fraudulent or unauthorized manner;

• we are concerned that unusual trading activity is occurring on your account;

• we suspect money laundering, terrorist financing, fraud, or any other financial crime; or

• use of your CoinJar account is subject to any pending litigation, investigation, or government proceeding and/or we perceive heightened legal or compliance risk associated with your CoinJar account’s activity.

12.1.2. CoinJar reserves the right to restrict and/or disable your account access and password, and to refuse to process or cancel any pending transaction, as required by law, court order or any other binding government order.

12.1.3. Subject to applicable law, we will use reasonable efforts to assist you with, and allow you a reasonable amount of time to, comply with termination or withdrawal procedures requested by CoinJar.

12.1.4. In the event that CoinJar has made reasonable efforts to obtain instructions from you as to where to transfer any funds, assets or digital currencies in a closed CoinJar account but is unable to obtain such instructions or is unable to transfer as instructed due to no fault of CoinJar, applicable law may require us to report the funds, assets or digital currencies as unclaimed to the authorities in the relevant jurisdiction and to transfer them.

12.2. Enhanced Customer Due Diligence

12.2.1. CoinJar reserves the right to request identification information (including but not limited to passport, driver’s license, identity card, Government issued photographic identification, utility bills, residential certificate, signed certification of cohabitation, bank account statements, Social Security Number (SSN), Taxpayer Identification Number (TIN), or similar) or additional information (including source of wealth, net worth, nature of and purpose for utilizing our Services, occupation, employer and salary) depending on the amounts requested through our service or any apparent suspicious activity which may indicate money-laundering, terrorist financing or other illegal or fraudulent activity.

12.2.2. You must only use our Services with bank accounts held directly in your name. We may request identification of the bank account to or from which funds are transferred where we suspect or are notified of unauthorized transactions or otherwise to comply with applicable law and regulations. Your accounts and any pending transactions may be frozen until the identity check has been considered satisfactory by CoinJar as required by its internal fraud prevention measures or applicable anti-money laundering and counter-terrorist financing laws.

12.2.3. CoinJar may request additional identification information from you at any time at the request of any competent authority or by application of any applicable law or regulation. CoinJar may also make enquiries using third parties to verify your identity, any information you have supplied and/or your account details.

13. Prohibited Jurisdictions

By using CoinJar’s Services, you represent and warrant that you are NOT:

a) an entity or individual located, organized or resident in a sanctioned jurisdiction;

b) an entity or individual on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List (“SDN List”) or Consolidated Non-SDN Lists;

c) an entity or individual on the United Nations Security Council Consolidated List or regional or foreign government watchlists; or

d) an entity directly or indirectly owned or controlled by any entity or individual falling within (a), (b) or (c) above.

Please refer to our “Prohibited Jurisdictions” article in our Knowledge Base (which can be found at ) which sets out the jurisdictions in which our Services are not offered.

CoinJar reserves the right to lock, disable and/or close accounts for sanctions compliance violations. Any sanctions violations will be reported to the applicable authorities as soon as possible.

14. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title, and interest (including copyright, designs, patents, trademarks, and other intellectual property rights) in the Website and our Services and in all of the material (including all text, graphics, logos, audio, and software) made available on or through them.

Your use of the Website and/or Services does not grant or transfer any rights, title, or interest to you in relation to the Website or our Services. However, we do grant you a license to access the Website and Services on the terms and conditions set out in these Terms of Service and, where applicable, as expressly authorized by us and/or our third party licensors.

Any reproduction or redistribution of the Website and/or the Services in whole or in part is prohibited and may result in civil and criminal penalties. In addition, you must not copy the contents of the Website or Services to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of the Website, the Services, or any part of them is prohibited, except to the extent permitted by law. However, you are permitted to make one copy of any page on our Website for the purpose of viewing the content for your own personal use and you may draw the attention of others within your organization to content posted on our Website.

15. Linking to our Website

You may link to our Website’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

16. Third party links and resources in our Websites and Services

Where our Website or Services contain links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

17. Warranties

THE WEBSITE AND SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT ANY REPRESENTATIONS OR WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING TITLE, NON-INFRINGEMENT, TIMELINESS, QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE (REGARDLESS OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO ACCESS TO THE WEBSITE AND SERVICES PROVIDED UNDER THESE TERMS OF SERVICE. ADDITIONALLY, COINJAR DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE COINJAR ATTEMPTS TO MAKE YOUR USE OF THE WEBSITE AND SERVICES ARE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE WEBSITE AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT OR COMPONENTS. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING PARAGRAPH, COINJAR DOES NOT WARRANT THAT:

• THE WEBSITE OR SERVICES WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL;
• THE INFORMATION ON THE WEBSITE AND SERVICES IS COMPLETE, TRUE, ACCURATE OR NON-MISLEADING; OR
• ANY PART OF THE WEBSITE OR SERVICES CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL OR FINANCIAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

18. Limitations of liability

THE CONTENT ON OUR WEBSITE AND THROUGH OUR SERVICES IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON OUR WEBSITE OR SERVICES. COINJAR WILL NOT BE LIABLE TO YOU (WHETHER UNDER THE LAW OF CONTACT, THE LAW OF TORTS OR OTHERWISE) IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THE WEBSITE AND/OR OUR SERVICES:

• FOR ANY USE OF, OR INABILITY TO USE, OUR WEBSITE AND/OR OUR SERVICES;
• FOR ANY USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE OR IN CONNECTION WITH OUR SERVICES;
• FOR ANY INDIRECT, SPECIAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS; OR
• FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA. THESE LIMITATIONS OF LIABILITY APPLY EVEN IF A LOSS WAS FORESEEABLE, OR IF COINJAR HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON OR FROM THEM, OR ON ANY WEBSITE, PRODUCT OR SERVICE LINKED TO IT. WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OR THROUGH OUR WEBSITE OR SERVICES. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM. WITHOUT PREJUDICE TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, TO THE EXTENT THAT COINJAR IS LIABLE TO YOU, WHETHER IN CONTRACT (INCLUDING UNDER ANY INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE AND/OR THE SERVICES, COINJAR’S AND ITS AFFILIATES’ AGGREGATE LIABILITY TO YOU IS LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY YOU TO COINJAR FOR THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE RELEVANT CLAIM AROSE IN THE APPLICABLE JURISDICTION.

NOTHING IN THESE TERMS OF SERVICE SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

19. Other parties

We may use third party service providers in the provision of parts of our Services, including our technology and banking partners such as:

• Cross River Bank
• Plaid
• TRUST You accept that CoinJar has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against CoinJar’s officers or employees in respect of any losses you suffer in connection with the Website or Services. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms of Service will protect CoinJar’s affiliates, officers, employees, agents, successors, assigns, and sub-contractors as well as CoinJar.

20. Indemnity

You hereby agree to indemnify and hold CoinJar, its affiliates and each of their respective directors, officers, shareholders, attorneys, advisers, consultants, agents, and contractors (the “CoinJar Indemnitees”) harmless from and against any or all losses, damages, costs, liabilities, and expenses (including without limitation legal expenses, attorney’s fees, and any amounts paid by CoinJar to a third party in settlement of a claim or dispute on the advice of CoinJar’s attorneys) incurred or suffered by any CoinJar Indemnitee arising out of any breach by you of any provision of these Terms of Service or any violation by you of applicable law, or arising out of any claim that you have breached any provision of these Terms of Service or violated applicable law.

21. Severability and Waiver

Except as provided in Subsection 25.2.5 below, if any provision of these Terms of Service is or becomes invalid, illegal or unenforceable in any jurisdiction in connection with its performance, such provision shall be deemed deleted to the minimum extent necessary in the relevant jurisdiction (which can include deleting only part of the relevant provision) and shall continue in full force and effect without deletion in jurisdictions where it is not invalid, illegal or unenforceable.

These Terms of Service will not be waived, in whole or in part, except where agreed by us in writing. Our delay of enforcement or the non-enforcement of any of the provisions of these Terms of Service will not be construed as a waiver of any of our other rights arising out of your breach or any subsequent breach of any of these Terms of Service and no right, power or remedy conferred upon or reserved for us in these Terms of Service is exclusive of any other right, power or remedy available to us and each such right, power, or remedy shall be cumulative.

22. Assignment

You will not assign, novate, subcontract, or otherwise dispose of any or all of your rights and obligations under these Terms of Service without our prior written consent.

23. Entire agreement

These Terms of Service, together with our Privacy Policy, Biometric Privacy Disclosure and Consent, any other policies on our Website, and any attached annexes or schedules, constitute the entire agreement between you and CoinJar in relation to your access to and use of the Website and Services, and supersede all previous and contemporary agreements in respect of your use of this Website and our Services.

We each acknowledge that, in entering into these Terms of Service, neither of us rely on, and shall have no remedies in respect of, any statement, promises, assurances, warranties, representations, or understandings (whether oral or written, and whether made innocently or negligently) made by or on behalf of the other that are not set out in these Terms of Service.

We each agree that we shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms of Service, save that nothing in these Terms of Service shall limit or exclude any liability for fraud.

24. Contact us

To contact CoinJar Support, please email support@coinjar.com.

25. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

25.1. Overview

Section 25 sets forth how disputes between you and CoinJar will be resolved through informal dispute resolution, individual arbitration, or small claims court.

In arbitration, a neutral third party called the arbitrator decides the dispute. Arbitration uses streamlined procedures and discovery to reduce costs. The arbitrator applies the same law and can award the same individualized remedies as a court can. The decision by an arbitrator is binding and subject to limited review by courts. YOU AND COINJAR AGREE THAT ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ARE NOT PERMITTED. YOU AND COINJAR AGREE THAT EXCEPT AS DESCRIBED IN SECTION 25, NEITHER YOU NOR COINJAR WILL FILE A LAWSUIT IN ANY COURT AND WILL NOT PURSUE OR PARTICIPATE IN AN ACTION SEEKING RELIEF ON BEHALF OF OTHERS. YOU AND COINJAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

25.2. Arbitration Agreement

25.2.1 Covered Claims

To the greatest extent permitted by law, you and CoinJar agree to arbitrate all disputes and claims between us. This arbitration agreement is intended to be broadly interpreted, and includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory; claims that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising); claims for mental or emotional distress; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.

References in Section 25 to “CoinJar” or “we” include our past, present, and future parents, subsidiaries, affiliates, and related entities, as well as CoinJar’s and all of those entities’ officers, agents, attorneys, advisers, employees, licensors, predecessors in interest, successors, and assigns. References in Section 25 to “you” include your past, present, and future parents, subsidiaries, affiliates, related entities, agents, attorneys, advisers, employees, predecessors in interest, successors, and assigns; and all authorized or unauthorized users or beneficiaries of CoinJar Services under past, present, or future Agreements between you and CoinJar.

BY ENTERING INTO THIS AGREEMENT, YOU AND COINJAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and accordingly, the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration agreement. This arbitration agreement will survive termination of this Agreement.

Small Claims Option. Notwithstanding this arbitration agreement, you or CoinJar may bring an action for individualized relief only in the small claims court for the county or parish of your billing address, and the action cannot be removed or appealed to a court of general jurisdiction.

Under the arbitration agreement, you may bring issues to the attention of federal, state, or local agencies. Those agencies can, if the law allows, seek relief against us on your behalf.

25.2.2 Procedure for Informal Resolution

If you experience an issue in relation to your use of our Services, please contact CoinJar Support at support@coinjar.com in the first instance.

You or CoinJar may initiate dispute resolution, including without limitation if your initial support request was not satisfactorily resolved, by emailing a written Notice of Dispute (“Notice”) to the other party. You must email your Notice to us at complaints@coinjar.com (“Notice Address”). Your Notice to us must include (a) your name, mailing address, email address, and telephone number, (b) your CoinJar account number(s), (c) a description of the nature of the dispute, and (d) an explanation of the relief sought and the basis of any calculations that you assert support your claim. Your submission of a Notice to us constitutes your consent for us to discuss your dispute and your CoinJar account(s), and information about those accounts, with an attorney who you indicate represents you and with our attorneys.

After providing the Notice, the sending party must give the other party 30 days after receipt of the Notice to investigate the claim, during which period you and CoinJar agree to have an informal telephonic resolution discussion (“Informal Resolution”) where we work in good faith to attempt to resolve the claim. Your or CoinJar’s attorneys can participate in the Informal Resolution. We each agree to toll any applicable statute of limitations or contractual limitations period through the later of 30 days after receipt of the Notice or the completion of the Informal Resolution. No arbitration proceeding may be commenced until the Informal Resolution is completed, and a court can enjoin the filing or prosecution of an arbitration if the Informal Resolution has not been completed. Until the Informal Resolution has been completed, neither the American Arbitration Association (“AAA”) or any other arbitration provider may administer or demand any fees, and if the arbitration already is pending, it must be dismissed.

25.2.3 Procedure for Arbitration

If the Informal Resolution does not resolve the dispute described in the Notice, you or CoinJar may initiate a consumer arbitration with the AAA, which entity will administer the arbitration and select a single arbitrator with input from you and us to decide the dispute. Any hearings will be in the same county or parish as your address in the Notice and by agreement between you and us, may be held by telephone or video conference. For information on how to initiate an arbitration, please visit the AAA website at . A copy of the arbitration demand must be sent to AAA and the Notice Address, and a copy of the Notice must be attached to your arbitration demand.

The arbitration will be governed by the then-current Consumer Arbitration Rules (“AAA Rules”) of the AAA, as modified by this arbitration agreement, and will be administered by AAA. If AAA refuses to enforce any part of this arbitration agreement, you and CoinJar will select another arbitration provider. If there is no agreement, a court will do so.

The arbitrator will decide all issues except that only a court will decide issues regarding the scope and enforceability of the arbitration agreement, whether a dispute can or must be brought in arbitration, whether the AAA is able to administer the arbitration in accordance with the arbitration agreement, whether the parties have complied with Subsection 25.2.2, and whether the parties have complied with Subsections 25.2.3 and 25.2.4. The arbitrator must issue a reasoned written decision with sufficient detail to explain the essential findings and conclusions on which their decision is based. Except as provided in Subsection 25.2.5 below, the arbitrator can award the same damages and relief that a court can award under applicable law.

25.2.4 Arbitration Fees

CoinJar will pay all AAA filing, administration, case-management, hearing, and arbitrator fees if (a) we initiate an arbitration, or (b) you initiate arbitration, and you have fully complied with the requirements in subsection 25.2.2 which is a prerequisite to initiating arbitration. If the AAA requires you to pay the filing fee to commence arbitration, we will send that amount to the AAA and request that the AAA reimburse you. Except as set forth in Subsection 25.2.4, the allocation and payment of all AAA fees will be governed by the AAA Rules.

25.2.5 Individual Arbitration Required, Class Action Waiver, and Jury Trial Waiver

The arbitrator may award relief, including, but not limited to, damages, restitution, declaratory relief, and injunctive relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Class Action Waiver. NEITHER YOU NOR WE HAVE ANY RIGHT TO RESOLVE A CLAIM ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN ANY PURPORTED REPRESENTATIVE CAPACITY. YOU AND WE EACH WAIVE OUR RESPECTIVE RIGHTS TO PARTICIPATE IN OR BE REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION FOR SUCH DISPUTES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AND WE EACH UNDERSTAND AND AGREE THAT THIS CLASS-ACTION WAIVER PRECLUDES YOU AND US FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION FOR ANY DISPUTE RELATED TO YOUR ACCOUNT, OUR ACCOUNT SERVICES, THIS AGREEMENT, OR ITS ENFORCEMENT. IF A CLAIM IS TO BE RESOLVED IN ARBITRATION, YOU AND WE EACH AGREE TO ARBITRATE THE CLAIM ON AN INDIVIDUAL BASIS. YOU AND WE EACH AGREE THAT THE ARBITRATOR WILL NOT HAVE THE POWER TO CONDUCT ANY FORM OF CLASS OR COLLECTIVE ARBITRATION OR TO JOIN OR CONSOLIDATE CLAIMS BY OR FOR INDIVIDUALS. IN NO CASE SHALL CLASS OR COLLECTIVE ARBITRATION BE PERMITTED WITH RESPECT TO ANY CLAIM. If, for any reason, the class action waiver agreed to in this arbitration agreement is deemed invalid or unenforceable in whole or in part, any disputes that proceed on a class or collective basis shall be brought and decided in court, and any disputes that proceed on an individual basis, including disputes by individuals who are not members of a certified class, shall be brought and decided in individual arbitration, but otherwise, if any portion of this arbitration agreement is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of the arbitration agreement or the Agreement.

Jury Waiver. YOU AND WE EACH WAIVE OUR RESPECTIVE RIGHTS TO A TRIAL BEFORE A JURY IN CONNECTION WITH DISPUTES BETWEEN US RELATED TO YOUR ACCOUNT, OUR ACCOUNT SERVICES, THIS AGREEMENT, OR ITS ENFORCEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.

26. Governing Law and Forum Selection

All matters arising out of or relating to these Terms of Service are governed by and construed in accordance with the laws of the State of Delaware or the FAA without giving effect to any choice of or conflict of law, provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware or the FAA.

Unless you and CoinJar agree otherwise, to the greatest extent permitted by law, the state and federal courts in the State of Delaware will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the arbitration agreement or any of its parts. You and CoinJar consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction, or the venue of such courts because of inconvenient forum, or as to any other basis or any right to seek to transfer or change venue of any such action to another court.