Bitcoin Buying Account Holder Service Provider User Agreement

The Bitcoin Buying Services

This is a contract between you (“your” or “your”) and Fold, Inc. (“Fold”, “we”, or “us”). By signing up to use an account through the Fold Application (the “App”), or any associated websites, or APIs (collectively the “Fold Bitcoin Service Site”), you agree that you have read, understood, and accept all of the terms and conditions contained in this Bitcoin Buying Account Holder Service Provider User Agreement (“Agreement”), as well as the Prime Trust User Agreement and our Fold Terms of Service, Privacy Policy and E-Sign Consent.

IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP USING THE FOLD BITCOIN SERVICE SITE AND DO NOT USE ANY SERVICE OR PURCHASE OR RECEIVE ANY PRODUCT, GOOD, OR SERVICE OFFERED THROUGH THE FOLD BITCOIN SERVICE SITE.

PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF SERVICE CAREFULLY: 7.3 LIMITATION OF LIABILITY, 7.2 INDEMNIFICATION, AND 6.2 ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

1. Basic Fold Services

Services. Your Fold Bitcoin account (“Fold Bitcoin Account”) encompasses the following basic Fold services: one or more hosted Digital Currency wallets that allow users to store certain supported digital currencies, and to track, transfer, and manage supported Digital Currencies (the “Fold Wallet”); Digital Currency exchange services through which users can purchase Digital Currencies in transactions with Fold (the “Exchange Services”); and a Fold Prepaid Visa® Debit Card (“Fold Card”) (collectively the “Fold Bitcoin Services”). “Digital Currency” means the digital currency Bitcoin, together with any other digital currencies made eligible for Fold Bitcoin Services, as determined by Fold from time to time in its sole discretion. As with any asset, the value of digital currencies can go up or down and you can lose money buying, selling, holding or investing in digital currencies. Fold and its products are not registered with the U.S. Securities and Exchange Commission. Fold does not offer securities services and you understand that investor protections available under the securities laws do not apply to your use of the Fold Bitcoin Service Site. Digital Currency is not subject to Federal Deposit Insurance Corporation (FDIC) protections and is not insured by the FDIC.  

Eligibility. To be eligible to open a Fold Bitcoin Account you must be at least 18 years old and have a registered and active Fold Card.

2. Creating a Fold Bitcoin Service Account

Registration of Fold Bitcoin Account. This Agreement and the Fold Wallet are subject to the Prime Trust User Agreement. In order to use the Fold Bitcoin Services, you will need to register for a Prime Trust account (a “Prime Trust Account”) with Prime Trust, LLC (“Prime Trust”). By opening and continuing to conduct transactions on the Fold Bitcoin Account, you agree to the Prime Trust User Agreement located https://www.primetrust.com/legal/user-agreement. During the registration process, you will be requested to provide certain information, including your name and other personal information to verify your identity. We may, in our sole discretion, refuse to open a Fold Bitcoin Account for you, or limit the number of Fold Wallets that you may hold.  You authorize Fold to share your identity and account data with Prime Trust for the purposes of (i) opening and supporting the Prime Trust Account, and (ii) compliance with anti-money laundering laws.

Identity Verification. During registration of your Fold Bitcoin Account, you agree to provide us with the information we request for the purposes of identity verification and compliance with the anti-money laundering laws. You will need to complete certain verification procedures before you are permitted to use the Fold Bitcoin Services. Your access to one or more Fold Bitcoin Services and the limits that apply to your use of the Fold Bitcoin Services, may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries.  Additionally, we may require you to wait some amount of time after completion of a transaction, before permitting you to use further Fold Bitcoin Services and/or before permitting you to engage in transactions beyond certain volume limits. This includes authorizing your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to Fold with your wireless operator account profile information for the duration of the business relationship.

3. Fold Wallet

In General. Your Fold Wallet enables you to purchase, store, track and manage supported Digital Currencies contained in your Fold Wallet. You will have the ability to purchase, store, and send Digital Currency by giving instructions through the App (each such transaction is a “Digital Currency Transaction”).

Fold reserves the right to refuse to process or to cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. Fold cannot reverse a Digital Currency Transaction which has been broadcast to a Digital Currency network. The Fold Wallet services are available only in connection with those Digital Currencies that Fold, in its sole discretion, decides to support. The Digital Currencies that we support may change from time to time. Under no circumstances should you attempt to use your Fold Wallet services to store, send, request, or receive digital currencies in any form that are not supported by us. Fold assumes no responsibility or liability in connection with any attempt to use Fold Bitcoin Services for digital currencies that Fold does not support.

Authorized Instructions and Transmission Delays . You understand that you will access and manage the Digital Currencies held in custody in the Prime Trust Account through the App.  Transactions are processed according to the instructions received from you. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly and will not be included in your Fold Wallet balance or be available to conduct transactions. 

Digital Currency Storage. Prime Trust securely generates the Private Keys and the Public Key pairs, with Prime Trust retaining custody of the Private Key. “Private Key” means an alphanumeric string known only to the holder of a Digital Currency, “Public Key” means an alphanumeric string that represents ownership/possession of a specific amount of a Digital Currency by a specific network participant.

Advanced Protocols and Operation of Protocols are governed by your Prime Trust User Agreement. You acknowledge and agree that Fold assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.

4. Exchange Services

In General. Eligible users may purchase or transfer supported Digital Currency through the Exchange Services. The Exchange Services are subject to the Fold “Exchange Rate” for the given transaction. “Exchange Rate” means the price of a given supported Digital Currency amount in terms of fiat currency as quoted on the App. The Exchange Rate is stated in terms of fiat currency or Digital Currency at which you may buy supported Digital Currency. You acknowledge that Fold may add a margin or “spread” to the quoted Exchange Rate. You agree, as a condition of using any Exchange Service, to accept the Exchange Rate as the sole exchange metric. Fold reserves the right to delay any Exchange Service transaction if it perceives a risk of fraud or illegal activity. Fold does not guarantee the availability of its Exchange Service.

Purchase Transactions. You may purchase no less than one U.S. dollar ($1) supported Digital Currency by linking your Fold Card to the Exchange Services. You authorize Fold to initiate debits from your Fold Card in settlement of purchase transactions. A Processing Fee (defined below) applies to all purchase transactions. Although Fold will attempt to deliver supported Digital Currency to you as promptly as possible, funds may be debited from your Fold Card before Digital Currency is delivered to your Fold Wallet. We may debit your Fold Card as soon as the same day you initiate the purchase, but your payment may take three or more business days to process. We will make best efforts to fulfill all transactions, but in the rare circumstance where Fold cannot fulfill your purchase order your purchase order will be canceled and funds related to the purchase will be credited to your Fold Card. To secure the performance of your obligations under this Agreement, you grant to Fold a lien on and security interest in and to the balances in your account.

Transfers. Your Fold Wallet enables you to send supported Digital Currency to an external wallet by giving instructions through the App.  It is your responsibility to ensure the accuracy of information regarding the third-party recipient and that there are sufficient funds for the transaction in the Fold Wallet, including Network Fees (defined below), Withdrawal Fees (defined below), or other fees that may apply.  

Processing Fees. Your purchase transactions in the Fold Bitcoin Account will incur a “Processing Fee.”  The Processing Fee is a fee to Fold to cover the administrative costs associated with the Fold Bitcoin Account transactions.  The applicable Processing Fee is displayed to you in the App prior to you completing an Exchange Service transaction. The Processing Fee charged to your account depends upon your selection of the Spin or Spin + Membership.  See the Terms of Membership for more information https://foldapp.com/legal/spin-plus-terms.

Withdrawal Fees.  Your transfer transactions in the Fold Bitcoin Account will incur a “Withdrawal Fee.”  The Withdrawal Fee is a fee to Fold as determined by the amount of your transfer, and a minimum Withdrawal Fee for the transfer may be assessed.  The applicable Withdrawal Fee is displayed to you on the App prior to you completing an Exchange Service.  The Withdrawal Fee charged to your account depends upon your selection of the Spin or Spin + Membership.  See the Terms of Rewards for more information  https://foldapp.com/legal/terms-of-rewards.

Network Fees. Your transfer transactions in the Fold Bitcoin Account will incur a “Network Fee.” The Network Fee represents miner or other fees to process a Digital Currency transfer on your behalf. The network fee is a third-party fee charged by the third-party at its discretion and is subject to variability. 

Reversals; Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize Fold, in its sole discretion to cancel the transaction. You are responsible for maintaining an adequate balance in order to avoid overdraft, NSF, or similar fees charged. Fold reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if Fold suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if Fold reasonably suspects that the transaction is erroneous; or if Fold suspects the transaction relates to Section 5.4 Prohibited Use set forth below. In such instances, Fold will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction.

Payment Services Partners. Fold may use a third party payment processor to process any US Dollar payment between you and us, including but not limited to payments in relation to your use of the Exchange Service or deposits or withdrawals from your Fold Bitcoin Account.

5. General Use, Prohibited Use, and Termination

Limited License. We grant you a limited, nonexclusive, non transferable license, subject to the terms of this Agreement, to access and use the Fold Bitcoin Service Site, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by Fold from time to time as permitted under the Terms of Service. Any other use is expressly prohibited and all other right, title, and interest in the Fold Bitcoin Service Site or Content is exclusively the property of Fold and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

Accuracy. Although we intend to provide accurate and timely information on the Fold Bitcoin Service Site, the Fold Bitcoin Service Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Fold Bitcoin Service Site are your sole responsibility, and we shall have no liability for such decisions. Links to third-party materials (including without limitation Web sites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Fold Bitcoin Service Site.

Third-Party Applications. If, to the extent permitted by Fold from time to time, you grant express permission to a third party to access or connect to your Fold Bitcoin Account, either through the third party’s product or service or through the App, 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 this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Fold Bitcoin Account. Further, you acknowledge and agree that you will not hold Fold responsible for, and will indemnify Fold from, any liability arising out of or related to any act or omission of any third party with access to your Fold Bitcoin Account.

Prohibited Use. In connection with your use of the Fold Bitcoin Services, and your interactions with other users, and third parties you agree and represent you will not engage in any prohibited use (a “Prohibited Use”) and  comply with the Fold User Conduct provisions as those terms are defined in the Fold Terms of Service. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Fold Bitcoin Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Fold Bitcoin Account is associated with a Prohibited Use.

Transactions Limits. We may limit the amount or volume you may transact or transfer in a given period in our sole discretion. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary in our sole discretion.

Suspension, Termination, and Cancellation. Fold may: (a) suspend, restrict, or terminate your access to any or all of the Fold Bitcoin Services, and/or (b) deactivate or cancel your Fold Bitcoin Account if:

  1. We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
  2. Use of your Fold Bitcoin Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory noncompliance associated with your Fold Bitcoin Account activity; or
  3. Our service partners are unable to support your use; or
  4. You take any action that Fold deems as circumventing Fold’s controls, including, but not limited to, engaging in a Prohibited Use, opening multiple Fold Bitcoin Accounts or abusing promotions which Fold may offer from time to time.

If Fold suspends or closes your account or terminates your use of Fold Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits us from providing you with such notice. You acknowledge that Fold’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Fold’s risk management and security protocols. You agree that Fold is under no obligation to disclose the details of its risk management and security procedures to you.

You will be permitted to transfer Digital Currency or funds associated with your Fold Wallet(s) for immediately days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your Fold Bitcoin Account at any time by withdrawing all balances and visiting the App. You will not be charged for canceling your Fold Bitcoin Account, although you will be required to pay any outstanding amounts owed to Fold including Withdrawal Fees if so applicable. You authorize us to cancel or suspend any pending transactions at the time of cancellation.

Relationship of the Parties. Fold is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause you and Fold to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Fold to be treated as the agent of the other.

Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Fold Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through the App.

Unclaimed Property. If Fold is holding funds in your Account, and Fold is unable to contact you and has no record of your use of the Fold Bitcoin Services for several years, applicable law may require Fold to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Fold will try to locate you at the last known address shown in our records, but if Fold is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. Fold reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

6. Customer Feedback, Queries, Complaints, and Dispute Resolution

 Contact Fold. If you have any feedback, questions, or complaints, contact us at support@foldapp.com or write us as Fold, Inc. Attn: Compliance, 11201 N. Tatum Blvd, Ste 300 #42035, Phoenix, AZ 85028. When you contact us, please provide us with your name, address, and any other information we may need to identify you, your Fold Bitcoin Account, and the transaction on which you have feedback, questions, or complaints. 

Arbitration; Waiver of Class Action. The validity, construction, and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Delaware in the United States, excluding its conflicts of laws principles. However, as explained below, the agreement to arbitrate in the following paragraph is governed by United States federal law.

You agree that any dispute, claim or controversy arising out of or in connection with Fold’s business or this Agreement or relating in any way to the Fold Bitcoin Services shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this Agreement to arbitrate, and any such arbitration hearing shall be heard in Phoenix, Arizona.

Arbitration uses a neutral arbitrator instead of a judge or jury, and is more informal than a lawsuit in state or federal court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator’s decision is also subject to very limited appellate review by the courts.

YOU ALSO AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THESE WAIVERS ARE MUTUAL AS BETWEEN YOU AND FOLD, AND FOLD WAIVES ITS RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST YOU. THIS MEANS THAT NEITHER YOU NOR FOLD CAN SEEK TO ASSERT CLASS OR REPRESENTATIVE CLAIMS AGAINST EACH OTHER EITHER IN COURT OR IN ARBITRATION AND NO RELIEF CAN BE AWARDED ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR ALSO MAY NOT CONSOLIDATE OR JOIN ANOTHER PERSON’S CLAIM WITH YOUR CLAIM OR ISSUE AN ORDER THAT WOULD ACHIEVE THE SAME RESULT. YOU AND FOLD FURTHER AGREE THAT IF THE PROVISIONS OF THIS PARAGRAPH ARE FOUND TO BE UNENFORCEABLE, THEN THE ENTIRE PROVISION COMPELLING ARBITRATION SHALL BE NULL AND VOID.

You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.

The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, Fold will reimburse you for filing fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator.

In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.

7. General Provisions

Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your mobile device, computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. 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 Fold. Always log into your Fold Bitcoin Account through the App to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

Release of Fold; Indemnification. If you have a dispute with one or more users of the Fold Bitcoin Services, you release Fold, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Fold, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

Limitation of Liability; No Warranty. IN NO EVENT SHALL FOLD, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR FOLD BITCOIN ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE FOLD BITCOIN SERVICE SITE OR THE FOLD SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FOLD HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT FOLD FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE FOLD SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOLD SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. FOLD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE FOLD BITCOIN SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

Fold makes no representations about the accuracy or completeness of historical Digital Currency price data available on the App. Fold will make reasonable efforts to ensure that requests for electronic debits and credits are processed in a timely manner but Fold makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

Entire Agreement. This Agreement, the Prime Trust User Agreement, Fold Terms of Service, the Privacy Policy, E-Sign Consent, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and Fold as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Fold. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

Amendments. We may amend or modify this Agreement by posting on the Fold Bitcoin Service Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Fold Bitcoin Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the Fold Bitcoin Services, or suspension or termination of your access to the Fold Bitcoin Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice before the material change becomes effective.

Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Fold affiliates or subsidiaries, or to any successor in interest of any business associated with the Fold Bitcoin Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Fold Bitcoin Account cancellation, debts owed to Fold, general use of the Fold Bitcoin Service Site, disputes with Fold, and general provisions, shall survive the termination or expiration of this Agreement.

Governing Law. You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Fold.

Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

Non-Waiver of Rights. This Agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.

8. Appendix 1

This Agreement is subject to our E-Sign Consent, which is available here https://foldapp.com/legal/e-sign-consent. When you agreed to use the Fold Services, you consented to the E-Sign Consent. Your consent will remain in effect until you withdraw it. You may withdraw your consent at any time by contacting us at legal@foldapp.com. If you withdraw your consent, we reserve the right to close your Fold Bitcoin Account and return your remaining balance as set forth in this Agreement.