These Terms of Use were last modified in October 2025.
These Terms of Use (the “Terms”) govern the use of websites (the “website”) operated by Calico Digital Assets LLC (“Calico”) and any access to and use of Calico’s crypto data feed applications that collect and normalize an individual’s authorized digital assets data across exchanges, wallets and decentralized finance platforms into a single feed (collectively with the website, the “Services”). In continuing to access or use the Services, you agree to be bound by these terms and conditions. If you are accessing the Service as a representative of your employer, you also accept these Terms on behalf of your employer. Review the Terms carefully prior to use and each time you return as these Terms are subject to change.
General
(a) Calico™ is a standalone brand representing a subset of services provided by Calico Digital Assets LLC. Rights granted to and limits on obligations of Calico under these Terms of Use apply as well to other affiliates of Calico and its licensors.
(b)The Services are operated by Calico, who may modify these Terms at any time without notice to you, except where required by law. The most current version of the Terms can be reviewed by clicking on the “Terms of Use” link located at the bottom of this website. Any continued use of the Services after such modifications shall constitute acceptance by you of such changes.
(c) Calico may limit access to all or a portion of the Services to users who meet certain criteria (“Eligibility Criteria”). The identification of Eligibility Criteria is within Calico's sole discretion and is subject to change at any time and from time to time.
(d) Calico, its affiliates and/or its licensors exclusively own and retain all right, title and interest in and to the Services, including all associated intellectual property rights. You neither own nor hereby acquire any claim or right of ownership to the Services or to any related patents, copyrights, trademarks or other intellectual property. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You agree that the Services constitute confidential proprietary information of Calico or its affiliates or licensors.
(e) Upon request or otherwise, you may from time-to-time provide comments, feedback, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials to Calico concerning the Services (collectively, “Feedback”). You irrevocably assign to Calico all rights in any such Feedback, which will become and remain the exclusive property of Calico.
(f) You grant Calico and its affiliates a worldwide, non-exclusive, non-revocable, royalty-free, sublicensable, and transferable license to use, copy, distribute, store, create derivative works of, and display any content or information you upload, submit, store, send, receive or otherwise provide to Calico in connection with your access and use of the Services, including Digital Asset Data (as defined below) (collectively, “User Content”).
(g) You warrant and represent to, and for the benefit of Calico and its affiliates, that:
you have all requisite capacity, power and authority to enter into and perform all obligations under these Terms, including to access and use the Services as contemplated hereunder;
you are 18 years of age or older, reside in the United States, and are not barred from using the Services under applicable law;
you understand that these Terms constitute your legal, valid and binding obligation, enforceable against you in accordance with these Terms;
you are sophisticated, experienced and knowledgeable, and you have formed your own independent judgment regarding the benefits and risks of using the Services;
you have the right and authority to submit your User Content and that neither the User Content nor any part thereof infringes the intellectual property rights or any other rights of any third party;
any Feedback that you submit, to the best of your knowledge, does not utilize proprietary or confidential information belonging to any other person;
you will comply with all applicable international, national, state, regional and local laws and regulations, including, without limitation, privacy, intellectual property, tax, sanctions, anti-money laundering and countering the finance of terrorism, and export control laws;
you will not buy, sell, rent, or lease access to the Services; and
all information provided or made available to Calico by you in connection with your use of the Services, is accurate and complete.
(h) You agree that in using the Services:
you will only use the Services for your own benefit, and, unless expressly disclosed to and agreed by Calico, you will not allow any third party to use the Services;
you will not use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or these Terms;
you will not provide false or misleading information to Calico;
you will not use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
you will not reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services;
you will not use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the Services or their functionality; and
you will not collect or harvest data from our Services that would allow you to contact other users or use any such data to contact other users.
(i) Your access to the Services may also be subject to terms of use, privacy and other agreements required by third-party providers in connection with use of your device, telephone, wireless and other services. You should review these agreements and any applicable privacy policies carefully to understand how they impact your privacy and any data that may be transmitted using your device.
Information for Non-U.S. Users; User Representations
(a) The Services are intended to be made available only to individuals in the United States, and the information in the Services is only for persons in the United States. Nothing in the Services 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.
(b) Each time you access the Services for any purpose, you shall be deemed to represent, warrant and covenant to Calico that you are not (i) located outside of the U.S., (ii) located in, or a national, resident or associated with the government of, any country that is subject to U.S. trade sanctions, or (iii) on any U.S. prohibited party list or acting on behalf of or owned or controlled by any person or entity on any such list.
Limitations Regarding Information Presented
(a) The Services are not intended to provide legal, compliance, investment, tax, or insurance advice, and you may not use or rely on the Services for such purposes. You should consult your legal, compliance, investment, tax, or insurance professional regarding your specific situation and obtain any legal, compliance, investment, tax, or insurance advice you may want to seek.
(b) The Services are not intended to be used to make any financial decisions. Should you nonetheless decide to purchase or sell any digital asset, or to make any other financial decision, based on any information appearing in the Services, including but not limited to Digital Asset Data (as defined below), Market Data (as defined below) or Third-Party Content (as defined below), you are doing so at your sole and exclusive risk, and your decision is one for which you take full and complete responsibility, and for which Calico has no responsibility or liability.
Privacy of Information
(a) At times on this website or in the course of using the Services, you may be asked to enter your contact information. All such information may be accessible to Calico personnel, is subject to possible retention, and may be used, disclosed and shared consistent with Calico’s Privacy Policy, which can be accessed via the link at the bottom of this page or in the applicable Service.
(b) By using the Services, you hereby expressly consent to Calico’s access to, and retrieval and sharing of, your Digital Asset Data (as defined below) on your behalf at your direction with third party platforms, service providers or employers with whom you maintain an existing account or business or employment relationship. You are solely and exclusively responsible for ensuring that you have the necessary rights or permissions to allow Calico to access your accounts with any third parties and to share your Digital Asset Data with third parties as you direct.
Copyright and DMCA Copyright Agent Information
(a) The Services are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-on the Services, including any text, graphics, video, audio, software code, user interface design or logos.
(b) If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Calico with the following information:
- 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 this website.
- 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.
- 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.
Linking to This Website
(a) Unless you and Calico have agreed otherwise in writing, links from another website to the Services must resolve to the top-level homepage of www.getcalico.com or such other applicable Calico website. In order to avoid confusion, if you do link from another website to the top-level homepage of www.getcalico.com or such other applicable Calico website, your website, and the link itself, may not suggest that Calico endorses, sponsors or is affiliated with any non-Calico website, entity, service or product, and may not make use of any Calico trademarks or service marks other than those contained within the text of the link.
Exchange Parties and Digital Asset Data
The Services allow users to retrieve information through third party applications on their digital asset holdings, including, but not limited to, holdings, balances and transactions (“Digital Asset Data”) from application program interfaces made available by digital asset exchanges and blockchains (each an “Exchange Party” and collectively, the “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 Service is not endorsed or sponsored by Exchange Parties. Calico has no visibility into, or control over, any Digital Asset Data you retrieve from Exchange Parties using the Service, and does not guarantee, and expressly disclaims, the accuracy, timeliness, completeness or usefulness of any Digital Asset Data. Calico may add or remove Exchange Parties from the Services 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 Services 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
Instructions for locating and entering Exchange Party API Keys are provided to users in the Services or accessed by you when using the Services. You, and not Calico, are solely and exclusively responsible for any losses or harm arising or resulting from your failure to follow any instructions in, or that you access by using, the Services or from your interactions with Exchange Parties using the Service or otherwise.
You are solely responsible for keeping your Exchange Party API Keys confidential, and to only save “read only” keys. 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 and exclusively responsible for any losses or harm arising from, relating to or resulting from your failure to keep your Exchange Party API Keys confidential, your failure to save only “read only” Exchange Party API Keys 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 retrieved by you through the Service, including any data retrieved using the Exchange Party API Keys.
Trademarks
(a) All trademarks and service marks in the Services belong to Calico or an affiliate, except third party trademarks and service marks, which are the property of their respective owners as discussed below.
Third Party Content
(a) The Services may include general news and information, commentary, Market Data (as defined below), research reports and data concerning the financial markets, and other subjects. Some of this content is supplied by companies that are not affiliated with Calico or any of its affiliates (“Third-Party Content”). 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) (“Third-Party Content Providers”) credited. You acknowledge and agree that the Third-Party Content is and shall remain valuable intellectual property owned by the Third-Party Content Providers, and that no proprietary rights are being transferred to you with respect to such content. Any use by you of such Third-Party Content beyond the scope of the services provided to you by Calico generally requires a license from the Third-Party Content Provider, along with an associated fee based on usage.
(b) Calico does not guarantee or warranty the accuracy, availability, timeliness, completeness, or usefulness of Third-Party Content, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites. You will use Third-Party Content at your own risk.
(c) Third-Party Content shall not be distributed or redistributed in any manner by you or your agents. To the extent Calico provides Third-Party Content to you or an agent, including a third-party service provider you have designated for receipt of such Third-Party Content, your receipt and use and that of your agent is subject to certain terms and conditions required by the providers of such Third-Party Content (the “Third-Party Terms”). Pursuant to these Terms and such Third-Party Terms, you understand and acknowledge that you and your agents, inclusive of any third-party service providers, are prohibited from distributing, redistributing, exporting to, downloading, providing access to, directly or indirectly, or otherwise transferring Third-Party Content received from Calico to any party, including but not limited to, any other service provider or vendor. You shall be liable and responsible to Calico for any actions or omissions, including any unauthorized or inadvertent receipt, use or misuse of Third-Party Content by you or your agent in violation of these Terms, the Third-Party Terms, or any other obligations or promises that are made to Calico by you.
(d) Use or disclosure of any Third-Party Content in any manner inconsistent with these Terms, the Third-Party Terms or any other obligations that are made to Calico by you may result in immediate and irreparable harm to Calico and/or the providers of the Third-Party Content and any remedies at law in such event may not be adequate. Accordingly, in addition to all other remedies available at law or in equity, Calico and its Third-Party Content Providers shall have the right to seek equitable and injunctive relief, without the necessity of proving actual damages and without posting a bond, to prevent inconsistent use or disclosure, and to recover the amount of all such damages (including attorneys’ fees and expenses) incurred in connection with such use or disclosure. Additionally, Calico is not waiving or purporting to waive any rights that the Third-Party Content Providers may have to pursue any and all claims against you or your agents in connection with the unauthorized use or disclosure of Third Party Content.
(e) Calico, in its sole discretion, reserves the right to immediately, without notice, suspend or terminate your or your agents’, including your third-party service providers’, access to, or your or your agents’ right to use, the Third-Party Content. You agree that upon termination or suspension of such access or use or upon the termination of your relationship with Calico, you shall cease and shall cause all of your agents to cease all use of and delete or purge any and all of the Third-Party Content. Calico will not be liable to you for any modification or discontinuance of such access to the Third-Party Content whether as a result of Calico’s suspension or termination of the Third-Party Content, your relationship with Calico, or for any other reason.
(f) You agree that the foregoing terms and conditions shall survive any termination of your or your agents’ right of access to the Third-Party Content.
(g) Digital Asset Data retrieved from Exchange Parties using the Services may include pricing and reference data (“Market Data”). Market Data is not owned by Calico or licensed by Calico for use by you or your agents. 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 Services.
Timeliness of Content
(a) All content available through the Services is presented only as of the date and time published or indicated and may be superseded by subsequent market events or for other reasons. Users are cautioned not to place any reliance on any forward-looking statements (indicated by language such as “believe”, “anticipate”, “expect” or similar words), which were based on information available at the time they were made. Calico undertakes no obligation to update publicly or revise any dated, forward-looking, or other statements.
Accuracy of Content
(a) ALTHOUGH CALICO TRIES TO INCLUDE ACCURATE AND TIMELY INFORMATION IN THE CALICO SERVICES, THERE MAY BE INADVERTENT INACCURACIES AND ERRORS, AND NEITHER CALICO NOR THE THIRD-PARTY CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THIS WEBSITE OR ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER CALICO OR THIRD-PARTY CONTENT ON THIS WEBSITE.
(b) CALICO MAY CHANGE THE SERVICES AND ANY CONTENT THEREIN AT ANY TIME WITHOUT NOTICE. CALICO DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED OR THAT THEY WILL BE CORRECTED IN A TIMELY MANNER.
Prohibited Uses and Termination of Access
(a) You may use the Services only as permitted by law.
(b) You may use the Services only for personal, non-commercial purposes.
(c) You may not use the Services in any manner that could damage or overburden any Calico server, or any network connected to any Calico server. You may not use the Services in any manner that would interfere with any other party’s use of the Services. You may not introduce, nor permit any person to introduce, into the Services, any code or malicious or hidden mechanisms that would impair the operation of the Services, or of Calico’s computers, networks, or other devices or software.
(d) You may not access the Services through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Calico.
(e) No content made available on the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Calico.
(f) Without limitation of Calico’s other rights, Calico may terminate or suspend your access to the Services for any violation of the provisions of these Terms or for any reason whatsoever at its sole discretion and without prior notice.
(g) Calico may suspend or terminate or modify the Services in whole or in part at any time in its sole discretion and without prior notice.
Security of Electronic Communications
(a) Electronic (including wired and wireless) communications to or from Calico may not be encrypted. You acknowledge that there are no guarantees that data, including e-mail, electronic and wireless communications, and personal data, will not be accessed by unauthorized third parties when communicated between you and Calico or between you and other parties.
DISCLAIMER OF WARRANTIES
(a) NEITHER CALICO NOR THE THIRD-PARTY CONTENT PROVIDERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SERVICES OR ANY THIRD-PARTY CONTENT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SERVICES AND ALL THIRD-PARTY CONTENT IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE”.
(b) CALICO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, OR SECURE. IF YOU DOWNLOAD ANY MATERIALS FROM THE SERVICES, YOU DO SO AT YOUR RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS.
(c) NEITHER CALICO NOR THE THIRD-PARTY CONTENT PROVIDERS WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES, INCLUDING THIRD-PARTY CONTENT, WILL BE ACCURATE OR RELIABLE, OR THAT THE SERVICES OR ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS.
(d) CALICO WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON OR ACCESSED THROUGH THE SERVICES. CALICO DOES NOT AND CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE TO CALICO.
(e) IF YOU LIVE IN A STATE THAT DOES NOT ALLOW WARRANTIES TO BE LIMITED OR DISCLAIMED, SOME OR ALL OF THESE PROVISIONS MAY NOT APPLY TO YOU, BUT THEY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
(a) NEITHER CALICO NOR ANY THIRD-PARTY CONTENT PROVIDER WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, WHETHER PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR OTHERWISE. CALICO AND THE THIRD-PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM LIABILITY FOR LOST PROFITS OR, TRADING LOSSES, AND ANY DAMAGES THAT RESULT FROM USE OF OR LOSS OF USE OF THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICES (WHETHER PROVIDED BY CALICO OR THIRD PARTIES), INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM (i) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) YOUR OR ANY THIRD-PARTY’S USE OR RELIANCE ON DIGITAL ASSET DATA, MARKET DATA OR THIRD-PARTY CONTENT RETRIEVED OR ACCESSED THROUGH THE SERVICE OR WEBSITE; (iii) YOUR USE, STORAGE AND PROTECTION OF EXCHANGE PARTY API KEYS; (iv) ANY UNAUTHORIZED ACCESS, USE, MISUSE OR MISAPPROPRIATION OF ANY DATA OR AUTHENTICATION CREDENTIALS, INCLUDING EXCHANGE PARTY API KEYS; (v) YOUR FAILURE TO FOLLOW ANY INSTRUCTIONS IN, OR THAT YOU ACCESS BY USING, THE SERVICE; (vi) YOUR INTERACTIONS WITH EXCHANGE PARTIES USING THE SERVICES OR OTHERWISE; AND (vii) ANY COMPROMISE OR BREACH OF ANY DATA THAT IS RETRIEVED BY YOU THROUGH THE SERVICES. THIS DISCLAIMER OF LIABILITY APPLIES EVEN IF CALICO AND/OR ITS THIRD-PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) CALICO WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH CALICO DOES 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.
(c) IF YOU LIVE IN A STATE 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. IF THE LIMITATIONS OF LIABILITIES OR REMEDIES IN THESE TERMS ARE DETERMINED BY A COURT TO NOT APPLY TO YOU OR TO BE UNENFORCEABLE FOR ANY REASON, THEN YOU EXPRESSLY AGREE THAT THESE PROVISIONS WILL BE CONSTRUED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THAT UNDER NO CIRCUMSTANCES WILL THE TOTAL, AGGREGATE LIABILITY OF CALICO AND ALL THIRD PARTY CONTENT PROVIDERS FOR ANY CAUSE WHATSOEVER RELATING TO THIS AGREEMENT, THE SERVICESOR ANY CALICO OR THIRD PARTY CONTENT ON THE SERVICES, EXCEED $100.
Indemnification
(a) As a condition of your use of the Services, you agree to indemnify and hold Calico and its affiliates and the 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 misuse of the Services or any Calico or Third-Party Content on the Services, or from your violation of these Terms.
Sanctions
(a) You will not use the Services if (i) you, your holdings, or relevant digital asset exchanges or blockchains are targeted by sanctions or listed on any prohibited or restricted parties list, such as those maintained by the U.S. Government (e.g., OFAC’s Specially Designated Nationals List, Foreign Sanctions Evaders List, or the U.S. Department of Commerce Entity List), the European Union, the United Kingdom, or other applicable government authority, or (ii) when you are located in any jurisdiction or territory that is subject to comprehensive trade or economic sanctions imposed by the United States Government, including at the current time, but not limited to, Cuba, Iran, North Korea, or the Crimean, Donetsk, Kherson, Luhansk, and Zaporizhzhya Russia-controlled regions of Ukraine.
Agreement to Arbitrate
(a) 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 Services 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.
(b) YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS AND USING THE SERVICES, 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.
(c) 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.
(d) 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 accepted these Terms for the first time. 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.
(e) 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.
(f) 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.
(g) 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.
Governing Law
(a) 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 Calico’s successors and assigns, whether by merger, consolidation, or otherwise.
Severability
(a) If a court of competent jurisdiction deems any provision of these Terms to be unenforceable or in conflict with applicable laws, rules, or regulations, either present or future, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Contact Us
(a) For questions about these Terms or other concerns or inquiries, please contact us via email at calico@fmr.com.