Camino Terms of Use

Effective Date: May 9, 2025

Last Updated Date: May 9, 2025

PLEASE READ THESE TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY AS

THEY FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND EXODUS

MOVEMENT, INC. (“EXODUS” OR “WE: AND ITS DERIVATIVES). THIS SITE AND

ANY OTHER SITES OF EXODUS INCLUDING CAMINO (COLLECTIVELY, THE “SITE”)

AND THE INFORMATION ON IT ARE CONTROLLED BY EXODUS. THESE TERMS

GOVERN THE USE OF THE SITE AND APPLY TO ALL VISITORS TO THE SITES AND

THOSE WHO USE THE BLOCKCHAIN CURRENCY MANAGEMENT SOFTWARE THAT

IS DOWNLOADABLE FROM THE SITE (THE “SOFTWARE”), AS WELL AS OTHER

SERVICES AND RESOURCES CONTROLLED BY EXODUS THAT ARE AVAILABLE OR

ENABLED VIA THE SITE, (EACH A “SERVICE” AND COLLECTIVELY, THE

“SERVICES”, WHICH TERM INCLUDES THE SOFTWARE AND THE SITE UNLESS

EXPLICITLY SET FORTH BELOW). IMPORTANTLY, AS DISCUSSED IN SECTION 1.5

BELOW, THESE TERMS DO NOT GOVERN ANY INTERACTIONS YOU MAY HAVE

WITH OUR THIRD PARTY API PROVIDERS, EACH OF WHICH HAS ITS OWN TERMS.

BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION

PROCESS, DOWNLOADING THE SOFTWARE AND/OR BROWSING THE SITE, YOU

REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND

BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT

WITH EXODUS, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS

PERSONALLY OR ON BEHALF OF THE LEGAL ENTITY ON FOR WHOM YOU ARE

USING THE SERVICES. THE TERM “YOU” REFERS TO YOU INDIVIDUALLY OR THE

LEGAL ENTITY ON WHOSE BEHALF THE SERVICES ARE USED, AS APPLICABLE. IF

YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR

USE THE SERVICES.

SECTION 9 OF THE TERMS CONTAINS AN ARBITRATION AGREEMENT WHICH

WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND

EXODUS TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU

OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED

TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS,

NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE

ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK

RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

Exodus may modify these Terms at any time and in our sole discretion. If we do so, we will

change the “Last Updated” date at the beginning of these Terms. By Continuing to use the Site or

Services following the release of updated Terms you consent to the updated Terms. We invite

you to check this page regularly for updates to these Terms.

1. Use of the Services. The Software, the Site, the Services, and the information and content

available therein (“Exodus Content”) are protected worldwide by copyright laws. Subject to

the Terms, Exodus grants you a limited license to reproduce portions of Exodus Content

solely as required to use the Services for your personal or internal business purposes. Unless

otherwise specified by Exodus in a separate license, your right to use any Exodus Content is

subject to these Terms. Exodus is not a bank or financial institution and does not provide

investment or financial advice, or consulting services to users of the Services. We are

solely the provider of the Services.

1.1. Camino Software. Use of the Software is governed by these Terms. Exodus delivers the

Software via download and Exodus will not provide you with any tangible copy of the

Software. Subject to your compliance with the Terms, Exodus grants you a

nonassignable, non-transferable, non-sublicensable, revocable, and non-exclusive license

to use the Software on computers you own or control solely for your personal or internal

business purposes. Because the Software is locally installed, you are responsible for

the security of the device on which it is installed, including ensuring that you keep

anti-virus software current and otherwise protect the device on which the Software

is installed against malware. Exodus is not responsible for any loss or damages –

including loss of funds or lockout from accounts accessed via the Software –

resulting from your failure to keep the device on which the Software is installed

safe and free of any malware. Exodus cannot recover passwords or unlock account

information stored on the Software in any circumstances, including if the Software

is compromised by malware on your computer, and it is your sole responsibility to

take all reasonable precautions to secure and backup your copy of the Software and

the information stored on it.

1.2. Updates. The Software and Services are evolving and you may be required to accept or

install updates to the Software or Services, or update third-party software (i.e., browsers

or OS) in order to keep using the Software or Services or access their latest features,

including security updates. We may update the Software and Services at any time,

without providing notice.

It is your responsibility to ensure that you are using the most

recent version of the software at all times.

1.3. Price Alerts. By using the Price alerts feature, you agree that: Price alerts are for

informational purposes only. Price alerts may be delayed, limited or inaccurate and may

not cover all assets. Exodus is not responsible for any customer losses caused by price

alerts.

1.4. Certain Restrictions. By accessing the Services, you agree not to:

(a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise

commercially exploit the Services or Exodus Content, or any portion thereof,

including on a service bureau or equivalent basis;

(b) frame or enclose any trademark, logo, or other Exodus Content, (including

images, text, page layout or form);

(d) modify, translate, adapt, merge, make derivative works of, disassemble,

decompile, reverse compile or reverse engineer any part of the Services or Software

(except to the extent this restriction is expressly prohibited by applicable law);

(e) use any manual or automated software, devices or other processes (including

spiders or other data mining tools) to “scrape” or download data from any web pages

in the Site (except that we grant operators of public search engines revocable

permission to do so for the sole purpose of creating publicly available searchable

indices (but not caches or archives) of such content;

(f) access the Site, Services, or Software in order to build a similar or competitive

Site, Services, or Software;

(g) copy, reproduce, distribute, republish, download, display, post or transmit any

Exodus Content except as expressly permitted herein; and

(h) remove or destroy any copyright notices or other proprietary markings contained

on or in the Services or Exodus Content. Exodus, its suppliers and service providers

reserve all rights not granted in the Terms. Any unauthorized use of the Services

terminates the licenses granted by Exodus herein.

1.5. Third Party API Providers

● The Services may incorporate, or may provide access to, applications or materials that are

hosted by or allow users to transfer custody to another party, including, but not limited to:

○ Crypto assets, such as Bitcoin;

○ Helius

○ Vercel

○ Twilio

● You also understand and agree that access to Third Party API Providers may be

geo-blocked for residents of certain countries and certain states of the United States.

There can be no assurance that any security measures that we or our third-party service

providers have implemented will be effective against current or future security threats.

While we take steps in an effort to protect the security of our platform and the

availability, integrity, confidentiality and security of our data, our security measures or

those of our third-party providers could fail and result in unauthorized access to or use of

our platform or unauthorized, accidental or unlawful access to, or disclosure,

modification, misuse, loss or destruction of, our or our customers’ data.

● While we strive to provide users with accurate and real-time information on digital asset

prices and other relevant market data, we do not guarantee the accuracy of information

provided by third party information providers. We strongly recommend users verify any

information, including but not limited to pricing information, before relying on this

information for decisions of any kind. The information is provided by and belongs to the

individual information providers and we assume no ownership or any liability over any

such information. Furthermore, as a condition of using the Services, you agree that we

shall assume no liability for any decisions made by you or any other users based on this

information.

● You understand and acknowledge that private keys may be compromised if customers

choose to store their private keys in non-secure systems, such as third-party email

services, which may be susceptible to security breaches and security incidents, despite

our efforts to discourage our customers from engaging in these practices. Although such

incidents are outside of our control and do not relate to any insecurity or vulnerability on

the part of the Exodus Platform, customers may nevertheless blame or become

dissatisfied with the Exodus Platform as a result of these negative experiences.

● Neither Exodus, nor any of our third party API providers will ever ask you to share any

credential, private key, or other sensitive information with us or them. Do not share any

credential, private key, or other sensitive information with any third party without

validating their legitimacy.

● Third Party API Providers are available to you, subject to the terms and conditions of

each third party provider. To the extent Third Party API Providers have terms that differ

from these Terms, you may be required to agree to those terms in order to access their

Software, Site, or Services.

● We do not control the terms, policies, or performance of any third party, and are not

responsible for any performance, or failure to perform, or loss of funds of any Third

Party Software, Site, or Services, including pricing information, exchange rates,

processing of transactions, third party custody service and similar activities. We do

not provide customer support for transactions performed on third-party API

provider’s Software, Site, or Services. When you leave the Exodus software and

access the third-party's software, their Terms of Service govern the transaction. You

understand and acknowledge that all transactions you initiate with any of our

third-party providers are final and Exodus will not be responsible for any

refunds

1.6. User Content. You are responsible for all data and information provided or uploaded by

you to the Services (“User Content”), whether publicly posted (i.e., in a user forum, if

applicable) or privately transmitted (i.e., to us in connection with a support request). You

are solely responsible for the accuracy and completeness of User Content you submit,

and represent and warrant that you have all rights required in order to post such User

Content. We may, in our sole discretion, delete any User Content that we determine

violates these Terms. To the extent that you provide us with or we may have access to

any information that allows us to identify you or any other individual (“Personal

Information”) in connection with your use of the Services, we will preserve, safeguard,

and use such information as set forth in our Privacy Policy.

1.7. Necessary Equipment and Software. You must provide all equipment and software

necessary to connect to use the Services. You are solely responsible for any fees,

including Internet connection or mobile fees, that you incur when accessing or using the

Services.

2. Ownership.

2.1. Generally. Exodus and its suppliers own all right, title and interest in and to the Exodus

content contained within the Software, Site, and Services. You will not remove, alter or

obscure any copyright, trademark, service mark or other proprietary rights notices

incorporated in or accompanying the Exodus Content.

2.2. Trademarks. Exodus Movement, Inc. and other related graphics, logos, service marks

and trade names used on or in connection with the Services are the trademarks of Exodus

and may not be used without permission in connection with any third-party products or

services. Other trademarks, service marks, and trade names that may appear on or in the

Site or Services are the property of their respective owners.

2.3. User Content. You own your User Content. By posting, displaying, sharing or

distributing User Content on or through the Software, Site, or Services, you grant us, and

any Third Party API Provider used in connection with the Services, a nonexclusive

license to use the User Content solely for the purpose of operating the Services. Except

as prohibited by applicable law, we may disclose any information in our possession

(including User Content) in connection with your use of the Services, to:

(a) comply with legal process;

(b) enforce these Terms,

(d) protect the rights, property or personal safety of Exodus, our employees, directors or

officers, partners and agents, or members of the public.

2.4. Feedback. You may provide ideas, suggestions, documents, and/or proposals about the

Services to Exodus through any means (“Feedback”), and you grant Exodus a fully

paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and sublicensable

right and license to use Feedback for any legitimate purpose.

3. User Conduct. You may not use the Software, Site, or Services for any purpose that is

prohibited by the Terms or applicable law. You will not (and will not permit any third party

to) take any action or make available any content on or through the Site, Software, or

Services that:

(a) infringes any intellectual property rights of any person or entity;

(b) is unlawful, threatening, harassing, defamatory, libelous, deceptive, fraudulent, invasive

of another’s privacy, tortious, obscene, or offensive;

(d) involves commercial activities and/or sales, such as contests, sweepstakes, barter,

advertising, or pyramid schemes;

(e) impersonates any person or entity, including any employee or representative of Exodus;

(f) interferes with the proper functioning of the Software, Site, or Services;

(g) engages in any potentially harmful acts directed against the Software, Site, or Services,

including violating any security features, introducing viruses, worms, or similar harmful code

into the Software, Site, or Services; or

(h) attempts to do any of the foregoing.

4. Investigations. Although Exodus does not generally monitor user activity on the Software,

Site or Services, if Exodus becomes aware of any possible violations by you of any provision

of the Terms, Exodus may investigate such violations, and at its sole discretion may take any

of the actions set forth in Section 8 below.

5. Indemnification. You agree to indemnify and hold Exodus harmless from any losses, costs,

liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:

(a) your use of, or inability to use, the Software, Site, or Services;

(b) your violation of the Terms;

Software, Site, or Services; or

(d) your violation of any applicable laws, rules or regulations. Exodus may, at its own cost,

assume the exclusive defense and control of any matter otherwise subject to indemnification

by you, in which event you will fully cooperate with Exodus in asserting any available

defenses. This provision does not require you to indemnify any Exodus Party for any fraud,

gross negligence, or wilful misconduct in connection with the Services.

6. Disclaimer of Warranties.

6.1. As Is. THE SOFTWARE, SITE, SERVICES, AND ANY INFORMATION

DISPLAYED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”

BASIS, WITH ALL FAULTS, AND EXODUS EXPRESSLY DISCLAIMS ALL

WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND

ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE,

SERVICES, SOFTWARE, OR ANY INFORMATION DISPLAYED THEREIN,

INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT, TO THE

EXTENT ALLOWED BY APPLICABLE LAW, ALL RISK OF USE OF THE

SITE, SERVICES, AND SOFTWARE RESTS ENTIRELY WITH YOU.

6.2. Beta Releases. FROM TIME TO TIME, EXODUS MAY OFFER NEW “BETA”

FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH

FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL

PURPOSES, WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE

MODIFIED OR DISCONTINUED AT EXODUS’ SOLE DISCRETION.

Third Party Conduct. EXODUS IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO

HOLD EXODUS LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON OR ACCESSED

VIA THE SOFTWARE, SITE, OR SERVICES, INCLUDING THE USE OF THIRD PARTY

API PROVIDERS’S SOFTWARE AND OR SERVICES. THE RISK OF INJURY FROM USE

OF SUCH THIRD PARTY SOFTWARE AND SERVICES RESTS ENTIRELY WITH YOU.

7. Limitation of Liability.

7.1. Disclaimer. IN NO EVENT WILL EXODUS BE LIABLE FOR ANY LOST PROFITS,

REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR

CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF

PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF

SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION

WITH THE SERVICES, WHETHER OR NOT EXODUS HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY

OF LIABILITY ASSERTED.

7.2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL EXODUS BE LIABLE TO

YOU FOR DAMAGES ARISING OUT OF THE USE OF OUR SOFTWARE, SITE,

OR SERVICES EXCEEDING ONE THOUSAND DOLLARS ($1,000.00).

7.3. Exceptions. The limitations in Sections 7.1 and 7.2 will not apply to damages caused by

the fraud, gross negligence, or wilful misconduct of Exodus, or to the extent such

limitations are precluded by applicable law (in which case Exodus’ liability will be

increased to the minimum amount required to comply with such law).

8. Term and Termination.

8.1. Term. The Terms commence on the date when you accept them (as described in the

preamble above) and remain in full force and effect for so long as you access or use the

Software, Site, or Services, unless terminated earlier in accordance with this Section 8.

8.2. Termination by Exodus. Exodus may, at any time and for any reason, cease providing

any or all of the Software, Site, or Services, and/or terminate the Terms. Without limiting

the foregoing, we may also terminate your access to any or all of the Exodus content.

8.3. Termination by You. Except as set forth in Section 8.4, these Terms will be of no

further force and effect with respect to you if you cease all use of the Services and

Software and no longer visit the Site.

8.4. Effect of Termination. Upon termination of any Service, your right to use the Software,

Site, and Service will automatically terminate immediately. Exodus will not have any

liability whatsoever to you for any suspension or termination. All provisions of the

Terms which by their nature should survive termination of Services will do so, including

Sections 2, 5, 6, 7, 8.4, 9 and 10.

9. Dispute Resolution. Please read this Section 9 (the “Arbitration Agreement”) carefully. It

requires you to arbitrate disputes with Exodus and limits the manner in which you can

seek relief.

9.1. Applicability of Arbitration. You agree that any dispute or claim relating in any way to

your access or use of the Site, Services, or Software, or to any aspect of your relationship

with Exodus, will be resolved by binding arbitration, rather than in court, except that (1)

you may assert claims in small claims court if your claims qualify, so long as the matter

remains in such court and advances only on an individual (non-class, non-representative)

basis; and (2) you or Exodus may seek equitable relief in court for infringement or other

misuse of intellectual property rights (such as trademarks, trade dress, domain names,

trade secrets, copyrights, and patents). This Arbitration Agreement will apply,

without limitation, to all claims that arose or were asserted before the Effective

Date of this Agreement or any prior version of this Agreement.

IF YOU AGREE TO ARBITRATION WITH EXODUS, YOU ARE AGREEING IN

ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER

MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST EXODUS

ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR

BEHALF. INSTEAD, YOU MAY BRING YOUR CLAIMS AGAINST EXODUS IN AN

INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS,

YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY

CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THESE

TERMS, INCLUDING THIS ARBITRATION AGREEMENT.

9.2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation

and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you

must send a letter requesting arbitration and describing your claim to our registered

agent Exodus Movement, Inc. 251 Little Falls Drive, Wilmington, DE 19808, with a

copy to Exodus Movement, Inc. 15418 Weir Street, No. 333, Omaha, NE 68137. The

arbitration will be conducted by JAMS, an established alternative dispute resolution

provider. Disputes involving claims and counterclaims under $250,000, not inclusive of

attorneys’ fees and interest, will be subject to JAMS’s most current version of the

Streamlined Arbitration Rules and procedures available at

http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to

JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures,

available at http://www.jamsadr.com/rules-comprehensive- arbitration/. JAMS’s rules are

also available at

www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not

available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator

finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other

fees and cannot obtain a waiver from JAMS, Exodus will pay them for you. In addition,

Exodus will reimburse all such JAMS’s filing, administrative, hearing and/or other fees

for claims totalling less than $10,000 unless the arbitrator determines the claims are

frivolous. Likewise, Exodus will not seek attorneys’ fees and costs in arbitration unless

the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written

submissions, or in person in New Castle County, Delaware. Any judgment on the award

rendered by the arbitrator may be entered in any court of competent jurisdiction. All

arbitration pleadings and proceedings will be conducted in English.

9.3. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or

agency will have exclusive authority to:

(a) Determine the scope and enforceability of this Arbitration Agreement; and

(b) Resolve any dispute related to the interpretation, applicability, enforceability or

formation of this Arbitration Agreement including, but not limited to any claim that all

or any part of this Arbitration Agreement is void or voidable.

The arbitration will decide the rights and liabilities, if any, of you and Exodus. The

arbitration proceeding will not be consolidated with any other matters or joined with any

other cases or parties. The arbitrator will have the authority to grant motions dispositive

of all or part of any claim. The arbitrator will have the authority to award monetary

damages and to grant any non-monetary remedy or relief available to an individual under

applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration

Agreement). The arbitrator will issue a written award and statement of decision

describing the essential findings and conclusions on which the award is based, including

the calculation of any damages awarded. The arbitrator has the same authority to award

relief on an individual basis that a judge in a court of law would have. The award of the

arbitrator is final and binding upon you and us.

9.4. Waiver of Jury Trial. YOU AND EXODUS HEREBY WAIVE ANY

CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE

A TRIAL IN FRONT OF A JUDGE OR A JURY. You and

Exodus are instead electing

that all claims and disputes will be resolved by arbitration under this Arbitration

Agreement, except as specified in Section 9.1 above. An arbitrator can award on an

individual basis the same damages and relief as a court and must follow this Agreement

as a court would. However, there is no judge or jury in arbitration, and court review of

an arbitration award is subject to very limited review.

9.5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN

THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON

AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL

RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR

USER CANNOT BE ARBITRATED OR CONSOLIDATE WITH THOSE OF ANY

OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, (a)

representative action for public injunctive relief may be arbitrated on a class basis and

(b) in the event that the foregoing sentence is deemed invalid or unenforceable with

respect to a particular class or dispute for recovery of damages, neither you nor we are

entitled to arbitration and instead claims and disputes will be resolved in a court as set

forth in Section 10.5.

9.6. 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement

by sending written notice of your decision to opt out to the following address: Exodus

Movement, Inc. 15418 Weir Street, No. 333 Omaha, NE 68137, or via email to

[email protected], within 30 days after first becoming subject to this Arbitration

Agreement. Notice must include your name and address and an unequivocal statement

that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration

Agreement, all other parts of the Terms will continue to apply to you. Opting out of this

Arbitration Agreement has no effect on any other arbitration agreements that you may

currently have, or may enter in the future, with us.

9.7. Severability. If any part of this Arbitration Agreement is found under the law to be

invalid or unenforceable, then such part will be of no force and effect and will be

severed and the remainder of the Arbitration Agreement will continue in full force and

effect.

9.8. Survival of Agreement. This Arbitration Agreement will survive the termination of

your relationship with

Exodus.

9.9. Modification. Notwithstanding any provision in this Agreement to the contrary, we

agree that if Exodus makes any future material change to this Arbitration Agreement, it

will not apply to any individual claim(s) that you had already provided notice of to

Exodus.

10. General Provisions.

10.1. Electronic Communications. Communications between you and Exodus use electronic

means, whether made via the Site or Services or sent via e-mail, or whether Exodus

posts notices on the Site or Services. For contractual purposes, you (1) consent to

receive communications from Exodus in an electronic form; and (2) agree that all terms

and conditions, agreements, notices, disclosures, and other communications that Exodus

provides to you electronically satisfy any legal requirement that such communications

would satisfy if it were to be in writing. The foregoing does not affect your statutory

rights.

10.2. Assignment. The Terms, and your rights and obligations hereunder, may not be

assigned, subcontracted, delegated or otherwise transferred by you without Exodus’

prior written consent.

10.3. Force Majeure. Exodus will not be liable for any delay or failure to perform resulting

from causes outside its reasonable control, including, but not limited to, acts of God,

war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods,

accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

10.4. Questions, Complaints, Claims. If you have any questions, complaints or claims with

respect to the Site, Services or Software, please contact us at: [email protected] or at

Exodus Movement, Inc. 15418 Weir Street, No. 333 Omaha, NE 68137. We will do our

best to address your concerns.

10.5. Exclusive Venue. To the extent the parties are permitted under these Terms to initiate

litigation in a court, both you and Exodus agree that all claims and disputes arising out of

or relating to the Terms will be litigated exclusively in the state or federal courts located

in New Castle County, Delaware.

10.6. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE

GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE

OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT,

WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE

APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED

NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE

OF GOODS DOES NOT APPLY TO THESE TERMS.

10.7. Notice. Where Exodus requires that you provide an e-mail address, you are responsible

for providing Exodus with your most current e-mail address. In the event that the last

e-mail address you provided to Exodus is not valid, or for any reason is not capable of

delivering to you any notices required/ permitted by the Terms, Exodus’s dispatch of the

e-mail containing such notice will nonetheless constitute effective notice. You may give

notice to Exodus at the following address: Exodus Movement, Inc. 15418 Weir Street,

No. 333, Omaha, NE 68137. Such notice will be deemed given when received by

Exodus by letter delivered by nationally recognized overnight delivery service or first

class postage prepaid mail at the above address.

10.8. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion

will not be deemed a waiver of any other provision or of such provision on any other

occasion.

10.9. Severability. If any portion of these Terms is held invalid or unenforceable, that portion

will be construed in a manner to reflect, as nearly as possible, the original intention of

the parties, and the remaining portions will remain in full force and effect.

10.10. Export Control. You may not use, export, import, or transfer the Services except as

authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services,

and any other applicable laws. In particular, but without limitation, the Services may not

be exported or re-exported (a) into any United States embargoed countries, or (b) to

anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the

U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the

Services, you represent and warrant that (i) you are not located in a country that is

subject to a U.S. Government embargo, or that has been designated by the U.S.

Government as a “terrorist supporting” country and (ii) you are not listed on any U.S.

Government list of prohibited or restricted parties. You also will not use the Services for

any purpose prohibited by U.S. law, including the development, design, manufacture or

production of missiles, nuclear, chemical or biological weapons. You acknowledge and

agree that products, services or technology provided by Exodus are subject to the export

control laws and regulations of the United States. You will comply with these laws and

regulations and will not, without prior U.S. government authorization, export, re-export,

or transfer Exodus products, services or technology, either directly or indirectly, to any

country in violation of such laws and regulations

10.11. Consumer Complaints. In accordance with California Civil Code §1789.3, you may

report complaints to the Complaint Assistance Unit of the Division of Consumer

Services of the California Department of Consumer Affairs by contacting them in

writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by

telephone at (800) 952-5210.

10.12. Entire Agreement. These Terms are the final, complete and exclusive agreement of the

parties with respect to the subject matter hereof and supersedes and merges all prior

discussions between the parties with respect to such subject matter.