Terms of Use
About the App
The App provides a streamlined interface that allows users to access and view information on their mobile device about holdings (“Holdings Information”) with digital asset exchanges and blockchains (each an “Exchange Party” and collectively, the “Exchange Parties”) and updates on the digital asset market. The App may display general news and information, commentary, interactive tools, quotes, research reports, and other data concerning the crypto markets, projects, crypto holdings and other subjects (collectively, “Third-Party Content”).
Exchange Parties and Holdings Information
The App allows users to retrieve Holdings Information from application program interfaces made available by Exchange Parties for this purpose (the “Exchange Party APIs”) using an API key and/or other secret key provided to users for authentication purposes by Exchange Parties (the “Exchange Party API Keys”). The App is not endorsed or sponsored by Exchange Parties. Calico has no visibility into, or control over, any Holdings Information you retrieve from Exchange Parties using the App, and does not guarantee the accuracy, timeliness, completeness or usefulness of any Holdings Information. Calico may add or remove Exchange Parties from the App at any time and for any reason and with no notice to you. Calico has no access to, and no responsibility for reviewing or responding to, any agreements, correspondence, documents, disclosures, or information you receive from any Exchange Party. Some Exchange Parties may require users to agree to additional terms and conditions. You agree that your use of the App constitutes your agreement to be bound by any such additional terms and conditions as well as your responsibility to pay any fees charged by the Exchange Parties. You understand and agree that the Exchange Parties may use your personal information in a way that we would not, and that Calico has no responsibility or liability for any use of your personal information by any Exchange Party. You agree that Calico shall have no responsibility or liability for any problems, issues, communications, interactions or issues you may have with any Exchange Party.
Safeguarding Exchange Party API Keys and Mobile Phone Credentials
Your Exchange Party API Keys are only known to you and the Exchange Parties, and are not ever known to, or saved by, Calico. Instructions for locating and entering Exchange Party API Keys are provided to users in the App or accessed by you when using the App. You, and not Calico, are solely responsible for any losses or harm arising or resulting from your failure to follow any instructions in, or that you access by using, the App or from your interactions with Exchange Parties using the App or otherwise.
You are solely responsible for keeping your Exchange Party API Keys confidential, and to only save “read only” keys to your mobile device. You understand and acknowledge that if you enter an Exchange Party API Key with any permissions other than “read only,” this could result in unauthorized access to, and withdrawals from, your digital asset and blockchain accounts. You, and not Calico, are solely responsible for any losses or harm arising or resulting from any loss of your mobile device, your failure to keep your Exchange Party API Keys confidential, your failure to save “read only” Exchange Party API Keys to your mobile device and your failure to otherwise protect your Exchange Party API Keys and keep them secure and confidential. You, and not Calico, are solely responsible for any compromise or breach of any data that is stored on your mobile device and/or retrieved by you through the App using the Exchange Party API Keys.
You are also solely responsible for keeping any passcode features used to access information on your mobile phone confidential, including but not limited to any Face ID, Touch ID, login information or other passcode features (the “Mobile Phone Credentials”).
Calico Content
You understand that Calico owns the App. You will not reverse engineer, modify, or create derivative works based on the App. The App may display content owned or licensed by Calico, including logos, marks, text, graphics, data, articles, photos, images, illustrations and their selection and arrangement (“Calico Content”). Calico Content is displayed on the App solely for your personal use, and all other uses are prohibited. You will not copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Calico Content
Third-Party Content
Third-Party Content is not owned or licensed by Calico. Calico does not guarantee the accuracy, timeliness, completeness or usefulness of any Third-Party Content you access through the App, and does not explicitly or implicitly endorse or approve such Third-Party Content. You promise to abide by all restrictions applicable to any Third-Party Content you access through the App, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Third-Party Content without the prior consent of the owner of that Third-Party Content.
Market Data
Holdings Information retrieved from Exchange Parties using the App may include pricing and reference data (“Market Data”). Market Data is not owned by Calico or licensed by Calico for your use. You must comply with, and hereby assume sole responsibility for complying with, any restrictions or requirements that may be imposed in connection with Market Data by Exchange Parties, or by owners or licensors of Market Data. You agree and acknowledge that you, and not Calico, are responsible for paying fees, if any, that may be charged by owners or licensors of Market Data in connection with your use of the App.
DMCA Copyright Agent Information
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Calico with the following information: (1) a description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works; (2) an identification of the allegedly infringing material, and a description of where that material is located on this App; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner; and (6) your physical or electronic signature as the owner, or a person authorized to act on behalf of the owner, of the copyright allegedly infringed.
Calico’s Agent for notice of claims of copyright infringement can be reached as follows: By mail: Calico Digital Assets LLC, ATTN: Copyright Agent, Legal Department, 245 Summer Street, Boston, MA 02210 – By phone: (617) 563-9840 – By email: CopyrightClaim@fmr.com.
Disclaimers
All disclaimers of any kind in these Terms are made for the benefit of the Calico and its affiliates, and their respective employees, directors, officers, representatives, licensors and service providers, successors and assigns (the “Calico Affiliated Entities”). The App, and all information and data made available through or in the App, is provided for informational purposes only on an “as is” and “as available” basis without any warranties, express or implied. To the maximum extent permitted by applicable law, Calico will have no other warranty obligation whatsoever with respect to the App or any information and data made available through or in the App. Calico specifically disclaims all warranties and conditions of non-infringement, merchantability, fitness for a particular purpose, accuracy, timeliness, completeness or usefulness. The App does not provide any tax, legal or financial advice and is not a substitute for your own judgment. You should not use the App to make any financial decisions. Should you nonetheless decide to purchase or sell any digital asset based on any information appearing in the App, including Holdings Information, Market Data or Third-Party Content, this decision is made at your sole risk, and is a decision for which you take full and complete responsibility, and for which Calico has no responsibility or liability.
Limitation of Liability
To the fullest extent allowed by law, Calico and Calico Affiliated Entities shall not be liable for any damages whatsoever, including indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses in connection with these Terms, including but not limited to those resulting from (A) your access to, use of, or inability to access or use the App; (B) your use or reliance on Holdings Information, Market Data or Third-Party Content retrieved or accessed through the App; (C) your use, storage and protection of Exchange Party API Keys; (D) any unauthorized access, use, misuse or misappropriation of any data or authentication credentials, including Exchange Party API Keys and Mobile Phone Credentials; (E) your failure to follow any instructions in, or that you access by using, the App; (F) your interactions with Exchange Parties using the App or otherwise; and (G) any compromise or breach of any data that is stored on your mobile device and/or retrieved by you through the App.
If you are dissatisfied with the App, your sole and exclusive remedy is to discontinue using the App.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflict of laws principles.
Agreement to Arbitrate Law
You and Calico agree that we will resolve any and all disputes and claims that relate in any way to, or arise out of, this or previous versions of these Terms, the Calico Privacy Policy or your use of or access to the App shall be resolved exclusively by final and binding arbitration through the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (the “Rules”), by one commercial arbitrator with substantial experience in resolving commercial disputes involving digital assets or cryptocurrency, who shall be selected from the appropriate list of AAA arbitrators in accordance with the Rules. The Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS AND USING THE APP, YOU AND CALICO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR CONSOLIDATED PROCEEDING OF ANY KIND.
YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO CALICO DIGITAL ASSETS LLC AT 245 SUMMER STREET, BOSTON, MASSACHUSETTS 02210.
The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), email address, and information evidencing the date you downloaded the app, including a screenshot of the App on your mobile phone. The Opt-Out Notice must contain all of this information and be signed by you for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
If you intend to seek arbitration against Calico, you must first send to Calico, by certified mail to Calico Digital Assets LLC, 245 Summer Street, Boston, Massachusetts 02210, a notice of dispute (“Arbitration Notice”) that describes the nature and basis of the claims you seek to assert and the relief sought. If you and Calico are unable to resolve the claims described in the Arbitration Notice within 30 days after the Arbitration Notice is sent, you or Calico may initiate arbitration proceedings in accordance with the AAA Rules.
The arbitration will take place in Boston, Massachusetts or another location we both agree upon. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If the value of the relief sought in arbitration is $10,000 or less, either party can choose to have the arbitration conducted by telephone or online videoconferencing platform, or based solely on written submissions, which election shall be binding on both parties.
Unless you and Calico agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, either as a result of your decision to Opt-Out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Calico must be resolved exclusively by a state or federal court located in Boston, Massachusetts. Each of you and Calico irrevocably agree to submit to the personal jurisdiction of the state and federal courts located in Boston, Massachusetts and waive all objections to this venue.
General
These Terms and our Privacy Policy constitute the entire agreement between you and Calico. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms are intended to be solely for the benefit of you and Calico, and do not create any right in favor of any third-party. Any notice to Calico that is required or permitted by these Terms shall be in writing and shall be deemed effective upon receipt, when delivered by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Calico Digital Assets LLC, 245 Summer Street, Boston, Massachusetts 02210.
We control and operate the App from our facilities in the United States of America. We do not represent that the App is appropriate or available for use in other locations. If you choose to access the App from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
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Apple App Store Additional Terms
The following additional terms (the “Additional Terms”) apply when the App it is made available to you via the Apple, Inc. (“Apple”) App Store:
1. Acknowledgement: You and Calico acknowledge that Apple is not a party to the Terms, and that Apple is not responsible for the App or any data or information made available through or as a result of your use of the App.
2. Scope of License: The App is licensed to you on a limited, non-exclusive, non-transferrable, non- sublicensable basis, solely to be used in connection with Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: You and Calico agree and acknowledge that Apple has no responsibility or obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. Warranty: In the event of any failure of App to conform to any warranty applied by Law, if any, you may notify Apple, and Apple may refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and as between Apple and Calico, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of Calico, and not Apple.
5. Product Claims: We agree that as between Calico and Apple, Calico (and not Apple) is responsible for addressing any claims relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual Property Rights: You and Calico acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, as between Calico and Apple, Calico (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: 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.
8. Questions, Complaints or Claims: Any questions, complaints or claims with respect to the App should be directed to Calico Digital Assets LLC, 245 Summer Street, Boston, Massachusetts 02210.
9. Third Party Terms of Agreement: You acknowledge and agree that you must comply with applicable third party terms of agreement when using the App.
10. Third Party Beneficiary: You and Calico acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Additional Terms, and that, upon your acceptance of the terms and conditions of these Additional Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Additional Terms against you as a third party beneficiary thereof.
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Exhibit A:
Calico Digital Assets LLC
Mobile Application Privacy Notice
Last Updated: [12/12/2024]
TLDR; Your data belongs to you. We don’t monitor your accounts, have access to your balances, holdings, or any other personal data. Our mobile app (stored on your phone) updates information from various sources via API to give you a single view of your assets. We do collect aggregated, anonymized product usage data which we use to better understand how our app is used and how we can make things better.
Who We Are
Calico Digital Assets LLC ("Calico Digital Assets”, “we”, “us”, or “our”), which provides to you the Calico mobile app, recognizes the importance of maintaining the privacy of information about our current and prospective users.
The Calico app is a cryptocurrency portfolio aggregator and tracker designed to provide easy access to public Blockchain Data and private exchange databases. This Privacy Notice applies to the Calico mobile app and the related content, products, platform and other functionality offered on or through our app (collectively, the "Services”). This Privacy Notice explains how we collect, use, disclose, and otherwise process information when you download our mobile app and use our Services, what choices you have with respect to how we collect, use, and share Information, and how to contact us..
Please note that this Privacy Notice does not apply to our employees, contractors, or other of our personnel. This Privacy Notice is not a contract and does not create any legal rights or obligations.
Our Services
Our Services are designed to empower our users to monitor active cryptocurrency, decentralized finance and NFTs by aggregating holdings of multiple wallets and centralized exchanges into one convenient place and provide transparency and better organize data. This information is aggregated by using wallet public addresses and exchange API keys that you provide to identify cryptocurrency, DeFi, and NFT portfolios that are recorded on shared, immutable ledgers called blockchain and private exchange databases. Our mobile app then displays wallet and exchange holdings to our users that are made available via the app.
Information Processed About Services Users
Our Services process Blockchain Information, User Information and Device Data (each as defined below, and collectively, “Information”) submitted to us by users of our Services. This Information is stored locally on your device and not processed or stored on Calico Digital Assets’ servers:
Blockchain Information:
o Public Blockchain Identifiers such as including wallet and exchange addresses used to identify cryptocurrency, DeFi and NFT portfolios users maintain.
o API Key and Secret such as the information provided by a third-party exchange to query and retrieve user’s account balances.
o Portfolio Information such as balances, assets and transactions connected to your cryptocurrency, DeFi and NFT portfolios.
User Information:
We receive and process certain user information from the users of our Services, including the following.
o Inquiry and Communications Information such as content within any messages you send to us, such as when contacting customer support or asking a question via other communication channels.
Device Data:
We receive and process certain device information from the users of our Services, such as…
o Log Data: including device model and operating software version, version of our Services app, the time spent on our Services, and any errors that may occur during the visit to our Services.
o Service Use and Analytics Data: including pages you view on our Services, your actions on our Services, features you use and time that you use them, version of our Services app, the country you are in, dates and times that you visit, access, or use the Services.
o Location Data: including country-level usage statistics.
Our Use of Information
Our Services process the Information described above to:
· Provide performance of the Services to you.
· Operate, maintain, enhance, personalize, and provide our Services, including by remembering your Information so that you will not have to re-enter it during your visit or the next time you interact with our Services.
We also use the Information we receive to:
· Test, research, develop, improve, and customize our Services, including the development of new features and services.
· Diagnose and fix technology problems.
· Monitor aggregate Service usage metrics such as total number of visitors and pages/screens viewed.
· Identify, understand, and analyze the usage trends and preferences of our users.
· Monitor and analyze the effectiveness of our Services and marketing efforts.
· Help maintain the safety, security, and integrity of our Services, technology, assets, business, and the individuals with whom we interact.
· Enforce our terms, resolve disputes, carry out our obligations, enforce our rights, and protect our business interests and the interests and rights of third parties.
· Comply with contractual and legal obligations and requirements.
· Fulfill any other purpose at your direction or with your consent.
Our Disclosure of Information
Our Service Providers
We may engage third parties to perform certain functions on our behalf in connection with the uses of the Services described above. Depending on the function the third party serves, the service provider may process Information on our behalf or have access to Information while performing functions on our behalf.
Analytics
We may collect analytics data or use third-party analytics tools such as Google Analytics and Google Firebase to help us measure traffic and usage trends for our Services and to understand more about the demographics of our users. . You can learn more about Google’s practices with Google Analytics and Google Firebase by visiting Google’s privacy policy. You can also view Google’s currently available opt-out options.
Joint Offerings
At times, we may choose to work with a third party to offer co-branded or joint marketing, promotions, or services. In order to facilitate those joint offerings, we may share Information with our third-party partner. In addition, if you choose to use or indicate your interest in using a product or service that is offered by a third party and made available through our mobile app, we may share Information with that third party in connection with your use or interest of that product or service.
How we share information with our affiliates
We may share Information with various affiliated companies that are providing services to us, such as administrative, business and data processing services. In addition, we may share information with affiliated companies for use in their businesses, including developing, marketing, offering and delivering their products and services.
Business Transaction or Reorganization
We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose Information to a third-party during negotiation of, in connection with or as an asset in such a corporate business transaction. Information may also be disclosed in the event of insolvency, bankruptcy, or receivership.
Legal Obligations and Rights
We may disclose Information to third parties, such as legal advisors and law enforcement:
· in connection with the establishment, exercise, or defense of legal claims;
· to comply with laws or to respond to lawful requests and legal process;
· to protect the rights and property of us, our agents, users, and others, including to enforce our agreements, policies, and terms of use;
· to detect, suppress, or prevent fraud;
· to reduce credit risk and collect debts owed to us;
· to protect the health and safety of us, our users, or any person; or
· as otherwise required by applicable law.
Consent
We may disclose Information about you to certain other third parties with your consent.
Your Choices with Respect to Your Information
You always have the choice not to provide us with your Information. However, you may not be able to access the Services as a result.
In addition to your choice of whether to provide us with your Information, you may also:
· Access to Your Device Data: You may control our Services’ access to your Device Data through the “Settings” on your device. For instance, you can withdraw permission for our mobile application to access your network devices and geolocation and to integrate with your other applications.
· Push Notifications: If you have opted-in to receive push notifications on your device, you can opt-out at any time by updating your account preferences in our mobile application or by changing your preferences in the iOS or Android notifications settings menu.
Children’s Information
Our Services are not directed to, and we do not intentionally collect or solicit information from children under the age of 13. If you are under the age of 13, please do not use our Services or otherwise provide us with any information either directly or by other means.
Third-Party Websites
. This Privacy Notice does not apply to, and we are not responsible for, any data practices of third-party websites and online services or the practices of other third parties. To learn about the data practices of third parties, please visit their respective privacy notices.
Updates to This Privacy Notice
We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the "Last Updated" date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify you by prominent posting on the Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.
Contact Us
If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to calico@fmr.com.