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Terms of Use

 

Terms of Use and your acceptance of them. Read before continuing.

Fidelity Digital Asset Services, LLC (“FIDELITY DIGITAL ASSETS”) is pleased to provide you with the information, content, tools, products and services on the FIDELITY DIGITAL ASSETS Sites (the term “FIDELITY DIGITAL ASSETS Sites” refers to all FIDELITY DIGITAL ASSETS' web sites, as well as to the content appearing on the site and other URLs of Fidelity or Fidelity Digital Assets that redirect to the sites). Your use of the FIDELITY DIGITAL ASSETS Sites is subject to these Terms of Use ("Terms"). There are different companies that provide information, content, and the products and services that are described on Fidelity Digital Assets Sites. Those companies are identified below under “Fidelity Digital Assets Companies”.

These Terms are a binding agreement between you and FIDELITY DIGITAL ASSETS. By using or accessing the FIDELITY DIGITAL ASSETS Sites, you accept and agree to be bound by these Terms. Your use of the FIDELITY DIGITAL ASSETS Sites are governed by the version of the Terms in effect on the date each site is accessed by you. FIDELITY DIGITAL ASSETS may modify these Terms at any time and without prior notice. You should review the most current version of these Terms by visiting the FIDELITY DIGITAL ASSETS Sites and clicking the Terms of Use hyperlink located at the bottom of the page. These Terms are in addition to, and do not modify or supersede, any other agreements between you and FIDELITY DIGITAL ASSETS, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the FIDELITY DIGITAL ASSETS Sites.

Contents

  • Fidelity Digital Assets Companies
  • Digital assets
  • Limitations on investment guidance and professional advice
  • Copyright policy, linking policy, and trademarks
  • Third-party content and research
  • Timeliness of content
  • Prohibited uses
  • Means of access
  • Password security and notification
  • DISCLAIMER OF WARRANTIES
  • LIMITATION OF LIABILITY
  • Indemnification
  • Changes to Fidelity Digital Assets Site
  • Termination
  • Governing law
  • Severability

 

Fidelity Digital Assets Companies

Fidelity Digital Asset Services, LLC is a limited liability trust company chartered by the New York Department of Financial Services (NMLS ID 1773897). FIDELITY DIGITAL ASSETS is not registered in any capacity with the US Securities and Exchange Commission or the US Commodity Futures Trading. FIDELITY DIGITAL ASSETS is not registered as a broker-dealer or investment adviser.

Fidelity Digital Assets, Ltd. was incorporated in England as a private limited company and provides services to non-US customers. Fidelity Digital Assets, Ltd. is registered with the U.K. Financial Conduct Authority for certain cryptoasset activities under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. The Financial Ombudsman Service and the Financial Services Compensation Scheme do not apply to the cryptoasset activities carried on by Fidelity Digital Assets, Ltd.

FD Funds Management, LLC, a Delaware limited liability company, provides digital asset management services. FDF is not currently overseen by a regulator.

Nothing on the FIDELITY DIGITAL ASSETS Sites shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction. Fidelity Digital Asset Services, LLC and Fidelity Digital Assets, Ltd. do not serve customers in all US states or all non-US jurisdictions.

Digital assets

BUYING AND SELLING DIGITAL ASSETS CAN BE VERY RISKY. DIGITAL ASSET VALUES CAN FLUCTUATE SUBSTANTIALLY AND UNEXPECTEDLY WITH LITTLE OR NO WARNING, WHICH MAY RESULT IN A SUBSTANTIAL OR TOTAL LOSS OF AN INVESTMENT. DIGITAL ASSETS HAVE BEEN AND CONTINUE TO BE SUBJECT TO SUBSTANTIAL MARKET, SECURITY, LEGAL AND REGULATORY UNCERTAINTY. THE FIDELITY DIGITAL ASSETS COMPANIES DO NOT OWN OR CONTROL ANY OF THE SOFTWARE OR SECURITY PROTOCOLS THAT ARE USED IN CONNECTION WITH DIGITAL ASSETS AND THEIR RELATED ASSET NETWORKS AND MAKE NO GUARANTIES REGARDING THE SECURITY, FUNCTIONALITY, OR AVAILABILITY OF SUCH PROTOCOLS OR ASSET NETWORKS.

Limitations on investment guidance and professional advice

Information appearing on the FIDELITY DIGITAL ASSETS Sites is intended to be general and educational in nature. It is not intended to be, and should not be construed as, legal, tax, investment or insurance advice. FIDELITY DIGITAL ASSETS does not provide legal, tax or investment advice. Brokerage products and services are not offered through the FIDELITY DIGITAL ASSETS Site. Nothing on the FIDELITY DIGITAL ASSETS Sites should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by the FIDELITY DIGITAL ASSETS COMPANIES or any third-party. You are solely responsible for determining whether any investment, investment strategy, digital asset, or related transaction is appropriate for you based on your investment objectives, financial circumstances and risk tolerance. You should consult your legal, investment or tax professional regarding your specific situation.

Copyright policy, linking policy and trademarks

The FIDELITY DIGITAL ASSETS Sites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the FIDELITY DIGITAL ASSETS Sites, including any text, graphics, video, audio, software code, user interface design or logos.

Unless you and FIDELITY DIGITAL ASSETS have agreed otherwise, links from another website to the FIDELITY DIGITAL ASSETS Sites must resolve to the top-level home page of the FIDELITY DIGITAL ASSETS domain (e.g., fidelitydigitalassets.com). In order to avoid confusion if you do link from another website to the FIDELITY DIGITAL ASSETS Sites’ top-level home page, your website, and the link itself, may not suggest that FIDELITY DIGITAL ASSETS endorses, sponsors or is affiliated with any non-FIDELITY DIGITAL ASSETS website, entity, service or product, and may not make use of any FIDELITY DIGITAL ASSETS trademarks or service marks other than those contained within the text of the link.

All trademarks and service marks on the FIDELITY DIGITAL ASSETS Sites belong to FMR LLC or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FIDELITY DIGITAL ASSETS with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  • 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;
  • An identification of the allegedly infringing material, and a description of where that material is located on the FIDELITY DIGITAL ASSETS Sites;
  • Your address, telephone number, and email address;
  • 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;
  • 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.

FIDELITY DIGITAL ASSETS's Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Tanya Courcey, Fidelity Investments ATTN: Legal Department, 245 Summer Street, Boston, MA, USA 02210

By phone: 617-563-9840

By email: CopyrightClaim@fmr.com

Third-party content and research

The FIDELITY DIGITAL ASSETS Sites might include general news and information, commentary, interactive tools, quotes, research reports and data concerning digital assets, the financial markets, and other subjects. Some of this content is supplied by companies that are not affiliated with any Fidelity company ("Third-Party Content"). On the FIDELITY DIGITAL ASSETS Sites, the source of all Third- Party Content is clearly and prominently identified. Third-Party Content is available through framed areas, through hyperlinks to third-party websites, or is simply published on the site. The Third-Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third-Party Content provider(s) credited.

The FIDELITY DIGITAL ASSETS COMPANIES have not been involved in the preparation, adoption or editing of Third-Party Content and do not explicitly or implicitly endorse or approve such content. The Third-Party Content providers do not implicitly or explicitly endorse or approve the Third-Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.

While the FIDELITY DIGITAL ASSETS COMPANIES makes every attempt to provide accurate and timely information to serve the needs of users, neither FIDELITY DIGITAL ASSETS nor the Third-Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third-party sites. Third-Party Content is provided for informational purposes only, and the FIDELITY DIGITAL ASSETS COMPANIES and the Third-Party Content providers specifically disclaim any responsibility for Third-Party Content available on the site. You will use Third-Party Content only at your own risk. THE THIRD-PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS. THE THIRD-PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

THE THIRD-PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD-PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, OR DATA, OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Timeliness of content

All content on the FIDELITY DIGITAL ASSETS Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Prohibited uses

Because all servers have limited capacity and are used by many people, do not use the FIDELITY DIGITAL ASSETS Sites in any manner that could damage or overburden any FIDELITY DIGITAL ASSETS server, or any network connected to any FIDELITY DIGITAL ASSETS server. Do not use the FIDELITY DIGITAL ASSETS Sites in any manner that would interfere with any other party's use of the FIDELITY DIGITAL ASSETS Sites.

Means of access

The FIDELITY DIGITAL ASSETS Sites are generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access the FIDELITY DIGITAL ASSETS Sites, be aware that the FIDELITY DIGITAL ASSETS Sites may not appear accurately through other access methods, and you use them only at your own risk.

You should not access the FIDELITY DIGITAL ASSETS Sites through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by FIDELITY DIGITAL ASSETS.

Certain parts of the FIDELITY DIGITAL ASSETS Sites could be protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the FIDELITY DIGITAL ASSETS Sites, or to any other protected materials or information, through any means not intentionally made available by FIDELITY DIGITAL ASSETS for your specific use.

Password security and notification

If you have a password for access to nonpublic areas of the FIDELITY DIGITAL ASSETS Sites, you are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Notify FIDELITY DIGITAL ASSETS immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with FIDELITY DIGITAL ASSETS in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIDELITY DIGITAL ASSETS COMPANIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE FIDELITY DIGITAL ASSETS SITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE FIDELITY DIGITAL ASSETS SITES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND FIDELITY DIGITAL ASSETS DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.

THE FIDELITY DIGITAL ASSETS COMPANIES DO NOT WARRANT THAT THE FIDELITY DIGITAL ASSETS SITES WILL MEET YOUR NEEDS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. FIDELITY DIGITAL ASSETS ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE FIDELITY DIGITAL ASSETS SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

THE FIDELITY DIGITAL ASSETS COMPANIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE FIDELITY DIGITAL ASSETS SITES AND THIRD-PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF FIDELITY DIGITAL ASSETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

THE FIDELITY DIGITAL ASSETS COMPANIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH THEY DO NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

As a condition of your use of the FIDELITY DIGITAL ASSETS Sites, you agree to indemnify and hold the FIDELITY DIGITAL ASSETS COMPANIES and their Third-Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the FIDELITY DIGITAL ASSETS Sites, or from your violation of these Terms.

Changes to FIDELITY DIGITAL ASSETS Sites

Unless otherwise agreed, FIDELITY DIGITAL ASSETS may discontinue or modify the FIDELITY DIGITAL ASSETS Sites at any time without prior notice to you, and you accept those modifications if you continue to use the FIDELITY DIGITAL ASSETS Sites.

Termination

FIDELITY DIGITAL ASSETS may terminate your access to the FIDELITY DIGITAL ASSETS Sites for any reason, without prior notice.

Governing law

Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and shall inure to the benefit of FIDELITY DIGITAL ASSETS's successors and assigns, whether by merger, consolidation, or otherwise.

Severability

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Last Reviewed: July 2023

910299.4.0