Fireblocks Payment Services Terms
Version: 2026.06.26
These Fireblocks Payment Services Terms(“Agreement”) are a legal agreement between you, on behalf of a company or other entity as its representative (“you” or “Customer”) and Fireblocks LLC (“Fireblocks”), and govern your use of the Services (as defined below) provided by Fireblocks in connection with the Program Partners (as defined below). BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND FIREBLOCKS’ PRIVACY POLICY, INCLUDING FIREBLOCKS’ RIGHT TO AMEND AS SET OUT IN THIS AGREEMENT. IF YOU DO NOT HAVE AUTHORITY TO BIND THE CUSTOMER YOU MAY NOT USE THE SERVICES. THIS AGREEMENT INCLUDES AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND FIREBLOCKS TO BE SUBMITTED TO ARBITRATION.
1.1 Services. Fireblocks converts U.S. dollars or other government-issued legal tender it accepts (“Fiat Funds”) into a supported stablecoin and transmits that stablecoin (the “Stablecoin Payout”) to the blockchain wallet address you or your designated payee specify (the “Destination Wallet”) (collectively, the “Services”). Fireblocks determines which currencies, stablecoins, and networks it supports and may change them at any time. Fireblocks makes the Services available through companies it contracts with (each, a “Program Partner”) that integrate the Services into their own platforms and user interfaces (“UI”). A Program Partner is not Fireblocks’ agent, and Fireblocks is not responsible for any Program Partner’s platform or for your dealings with it.
1.2 Eligibility. To use the Services, you must complete Fireblocks’ onboarding and identity-verification process to Fireblocks’ satisfaction and provide any information Fireblocks requests. You must be a legal entity able to form a binding contract, and you must not be located in, organized under the laws of, or owned or controlled by any person in a jurisdiction or on any list subject to sanctions or other restrictions. The Services are available only in the jurisdictions identified at www.fireblocks.com/regulated-entities (each, an “Eligible Jurisdiction”), which Fireblocks may update at any time without notice. Fireblocks may approve, deny, condition, suspend, or restrict your access to the Services, in whole or in part, at any time and in its sole discretion, and is not liable for any such decision.
1.3 Your Representations and Warranties. By accepting this Agreement you represent and warrant to Fireblocks that as of the date you accept this Agreement and on each date you access or use the Services: (i) you are a legal entity or business using the Services exclusively for commercial purposes and no account is held primarily for personal, family, or household purposes; (ii) you are duly authorized to enter into and perform this Agreement, and the person accepting it has authority to bind the Customer; (iii) you have not previously been suspended from Fireblocks’ services; (iv) you are not identified as, or owned or controlled by, a “Specially Designated National” (“SDN”) by the U.S. Office of Foreign Assets Control (“OFAC”), on the U.S. Department of Commerce Denied Persons List, or subject to applicable sanctions or embargoes; (v) you are resident, organized and located in an Eligible Jurisdiction; (vi) you have a valid and subsisting agreement with the Program Partner governing your access to the Services; (vii) all information you have provided, or that has been provided on your behalf, to Fireblocks via the Program Partner is true, accurate, current, and complete; and (viii) you have obtained and hold all consents required from any individual whose personal information you provide in connection with the Services.
1.4 AML/KYC Compliance. As a money services business registered with FinCEN, Fireblocks maintains a risk-based anti-money laundering (“AML”) and know-your-customer (“KYC”) program founded on the Bank Secrecy Act (“BSA”), USA PATRIOT Act, and related regulations. Fireblocks screens all customers against the OFAC SDN list, the Denied Persons List, and similar lists, and may engage third parties for verification. You must authorize the Program Partner to provide Fireblocks with information necessary for Fireblocks to onboard you at Fireblocks’ sole discretion, including data on your beneficial owners and control persons (“KYC Information”). You must respond to any request for KYC Information or supporting documents within fourteen (14) days; if you fail to provide accurate, current, and complete information, or if Fireblocks cannot verify your identity, Fireblocks may limit, suspend, or terminate your access. You must notify the Program Partner within fourteen (14) days of any material change to previously provided information; deliberate concealment or misrepresentation constitutes a material breach of this Agreement.
1.5 Confidentiality and Authorization to Share Information. Each party agrees to keep confidential and not disclose to any third party any non-public or proprietary information received from the other party in connection with this Agreement. Notwithstanding the foregoing, you authorize Fireblocks to share your information (i) with third parties engaged for verification purposes; (ii) as required to perform its obligations hereunder; and/or (iii) with the necessary parties in connection with a business reorganization. You authorize Fireblocks to monitor, retain, and disclose information as required by applicable legal, regulatory or internal policy obligations. If you revoke this authorization, Fireblocks may immediately suspend or terminate your access to the Services. Any information Fireblocks receives from you via the Program Partner to open your account is considered customer account information which will be: (i) processed in accordance with Fireblocks’ Privacy Policy (available at https://www.fireblocks.com/privacy-policy); and (ii) retained in accordance with applicable record retention requirements, including those promulgated under the BSA and state law.
1.6 USA PATRIOT Act Disclosure. To help the U.S. government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. In addition, on legal entity accounts, Fireblocks requires identification of beneficial owners and at least two controlling persons.
2.1 Instructions. “Instructions” means any direction you provide to Fireblocks via the Program Partner’s UI in connection with the Services. All Instructions must originate from you, and all Instructions transmitted via the Program Partner’s UI are deemed to originate from you. Fireblocks may rely on any Instruction received via the Program Partner’s UI as yours without independent verification. Fireblocks shall have no liability for acting on any Instruction so received, including where the Instruction contains errors, inaccuracies, or other defects originating from you, the Program Partner, or any person authorized to transmit Instructions on your behalf.
2.2 Account Security. You are solely responsible for safeguarding your credentials and the security of any systems used to access the Program Partner’s UI. You shall notify the Program Partner immediately if you become aware of, or suspect, unauthorized access to your account. You, and not Fireblocks, are solely responsible for any Instruction placed as a result of any unauthorized access to your account.
2.3 Responsibility for Reviewing Instructions; Finality. You are responsible for reviewing all Instruction details carefully to ensure that they are correct, including the digital asset type, quantity, Destination Wallet address, and funding amount. Where a Destination Wallet address is directly provided by your payee, it will be deemed provided by you.
(i) Error Correction Window. If you identify an error in an Instruction, you may notify Fireblocks through the Program Partner. Fireblocks will use commercially reasonable efforts to halt or correct it only if notice is received before processing commences, but does not guarantee it can do so and has no liability for failing to halt or correct an Instruction. Processing is deemed to commence once Fireblocks begins converting the Fiat Funds or takes any step toward the Stablecoin Payout.
(ii) Finality. Once processing commences, an Instruction is final and irrevocable, and you may not cancel, reverse, or amend it. You are solely responsible for the accuracy of each Instruction, including the Destination Wallet (whether provided by you or your payee), network, stablecoin, and amount. Blockchain transactions cannot be reversed once broadcast and are not subject to chargeback rights. A Stablecoin Payout made in accordance with an Instruction is deemed correctly delivered, and Fireblocks is not liable for any loss arising from an incorrect, incompatible, or compromised Destination Wallet or other Instruction detail.
2.4 Source of Funds. Fireblocks enables the funding of Stablecoin Payouts via the method enabled by the Program Partner, which may include using (i) Fiat Funds transferred to Fireblocks on a per-transaction basis; (ii) funds maintained in a prefunded Fireblocks FBO Account (as defined below); (iii) ACH transfers; or (iv) other method, as the case may be. You represent and warrant that all Fiat Funds used by you to fund Stablecoin Payouts are owned by you and are not the proceeds of criminal or fraudulent activity. You are responsible for the full amount owed for any Stablecoin Payout entered by you, and Fireblocks is not responsible for delays caused by insufficient or late Fiat Funds.
2.5 Execution, Timing and Delivery. Fireblocks shall have sole discretion to determine the manner, timing, routing, sequencing, batching, splitting, and execution methodology used to process any Instruction or Stablecoin Payout. Without limiting the foregoing, Fireblocks may execute any Stablecoin Payout in one or more increments and may determine the size, timing, and sequence of each increment. Each increment may be executed as a separate blockchain transaction or settlement event, and Fireblocks may introduce reasonable delays or intervals between increments. The use of multiple increments or delayed execution shall not constitute a failure to execute an Instruction, provided Fireblocks continues to process the Instruction in accordance with this Agreement. Fireblocks may impose minimum holding periods for fraud prevention and settlement purposes and is not liable for losses arising from such holds. Fireblocks reserves the right, in its sole discretion, to limit the amount and frequency of your Instructions in a given time period, depending on a variety of risk factors. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FIREBLOCKS’ OBLIGATIONS ARE LIMITED TO COMMERCIALLY REASONABLE EFFORTS.
2.6 Rejections. Fireblocks may, in its discretion, refuse, delay, or make partial delivery of any Instructions that: (i) are inaccurate, incomplete, or non-compliant with applicable law or this Agreement; (ii) are required to be declined by law, regulatory directive, or court order; (iii) request a digital asset not supported by Fireblocks at the time the Instruction was submitted; (iv) are associated with suspected fraud or unauthorized access; (v) are placed during a scheduled or unscheduled downtime of the Services; (vi) are submitted when you are no longer in an Eligible Jurisdiction; or (vii) present an unacceptable compliance or operational risk. You agree that Fireblocks is not liable for failures to complete a Stablecoin Payout arising from: (A) circumstances beyond its reasonable control (including blockchain failures, banking outages, or network disruptions); (B) the Program Partner or a Third Party Partner’s (as defined below) acts or omissions; or (C) any reason permitted for refusal under this Agreement.
2.7 Return of Fiat Funds. If Fireblocks cannot complete a Stablecoin Payout, including where it determines the Instruction cannot be completed, Fireblocks shall promptly return the relevant Fiat Funds to the original funding source, as applicable. Return of Fiat Funds discharges Fireblocks’ obligations with respect to that Instruction. When Fiat Funds are returned to an originating account for your benefit or the Program Partner, the Program Partner is solely responsible for onward remittance of returned Fiat Funds to you; Fireblocks is not liable for the Program Partner’s failure to do so.
2.8 Third Parties and Affiliates. The Services rely on, and are provided in conjunction with, third parties whose services are integrated into or necessary for the Services, including stablecoin issuers, financial institutions, blockchain networks, and other technology, payment, and infrastructure providers (collectively, “Third Party Partners”). Fireblocks does not control Third Party Partners and does not guarantee, endorse, or assume responsibility for their services, performance, availability, solvency, or compliance.
3.1 Service Availability. Services may be accessed through the Program Partner’s or Third Party Partners’ UI. Fireblocks does not guarantee uninterrupted availability and has no liability for inaccessibility caused by the Program Partner, equipment failure, maintenance, or events beyond its reasonable control.
3.2 Customer Service. The Program Partner is your first point of contact for all requests, complaints, enquiries or other communications you may have with respect to the Services, including potential errors, unauthorized transactions and discrepancies (“Customer Service Queries”) relating to the Services, subject to Fireblocks’ regulatory obligations (see section 10). Complaints relating to the Services will be escalated by the Program Partner to Fireblocks for investigation and resolution.
3.3 Account Information. The Program Partner provides you with certain information about your use of the Services, including your transaction history and order status. You are responsible for promptly examining your transaction history and any available information in relation to your use of the Services. You should contact the Program Partner immediately if you become aware of or suspect any error or unauthorized activity. FIREBLOCKS WILL NOT BE RESPONSIBLE FOR ERRORS NOT NOTIFIED TO FIREBLOCKS (VIA THE PROGRAM PARTNER) WITHIN SIXTY (60) DAYS OF THE DATE THE RELEVANT INFORMATION WAS MADE AVAILABLE TO YOU. YOU HEREBY WAIVE THE RIGHT TO DISPUTE A TRANSACTION UNLESS YOU NOTIFY FIREBLOCKS (VIA THE PROGRAM PARTNER) OF ANY OBJECTIONS WITHIN SIXTY (60) DAYS. REPORTING AN UNAUTHORIZED TRANSACTION DOES NOT GUARANTEE THAT FIREBLOCKS WILL BE ABLE TO CREDIT YOUR ACCOUNT.
3.4 Custody of Fiat Funds. Fiat Funds received by Fireblocks in connection with your Instructions are held in one or more omnibus for-benefit-of accounts (“Fireblocks FBO Accounts”) at FDIC-insured U.S. financial institutions selected by Fireblocks, separate from Fireblocks’ operating funds. Title to your Fiat Funds shall at all times remain with you; as the owner, you bear all risk of loss of any such Fiat Funds. Where you maintain Fiat Funds in a Fireblocks FBO Account, you may view your balance through the Program Partner UI; that balance is informational and may not reflect pending Instructions. Subject to Fireblocks’ policies, applicable law, and any hold, dispute, or pending Instruction, you may request the return of available Fiat Funds in a Fireblocks FBO Account to the original funding source. Fireblocks may decline, delay, or condition any such request to comply with applicable law or its risk and compliance policies, and is not liable for any resulting delay.
3.5 Insurance. Fireblocks is not an FDIC-insured bank, but its Fireblocks FBO Accounts are established to make available pass-through FDIC insurance on Fiat Funds held by Fireblocks for its customers up to applicable per-depositor limits, subject to Fireblocks maintaining accurate records and FDIC determination at the time of any receivership. Digital assets are not insured or backed by any government entity; Fireblocks does not guarantee recovery from any insurance proceeds.
4.1 You covenant that for so long as you use the Services: (i) you will comply with this Agreement and all applicable laws and regulations in connection with your use of the Services; (ii) you will promptly notify Fireblocks, via the Program Partner, of any actual or suspected breach of this Agreement or any event that could materially impair your ability to comply, and of any material change to information previously provided (within the timeframe in Section 1.4); (iii) you will not use the Services to violate any law or sanctions program, infringe third-party rights, make unauthorized use of Fireblocks’ intellectual property, defraud any person, use another person’s credentials, or impose an unreasonable load on Fireblocks’ systems; and (iv) you will maintain the consents referred to in Section 1.3(viii) for so long as the relevant personal information is processed in connection with the Services.
4.2 You will not use the Services in connection with any “Conduct Violation”, including but not limited to any dark market, ransomware, mixing service, or any activity that would violate, or assist in the violation of, applicable law or regulation, or which would involve the proceeds of any unlawful activity. Fireblocks may immediately suspend, investigate, and/or terminate your account for any actual or suspected Conduct Violation. FIAT FUNDS OR DIGITAL ASSETS INVOLVED IN A CONDUCT VIOLATION MAY BE FROZEN, FORFEITED, OR SEIZED BY LAW ENFORCEMENT AND MAY BE PERMANENTLY UNRECOVERABLE.
5.1 Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. FIREBLOCKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, TITLE, AND NON-INFRINGEMENT. FIREBLOCKS DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, OR BE UNINTERRUPTED. YOU HAVE NOT RELIED ON ANY REPRESENTATION OR WARRANTY OF FIREBLOCKS EXCEPT AS EXPRESSLY SET OUT HEREIN.
5.2 No Investment Advice. Fireblocks does not provide investment, tax, or legal advice and does not act as a broker or fiduciary. Any information Fireblocks makes available is for general informational purposes only. You are solely responsible for all decisions regarding digital assets.
6.1 Forks. Blockchain networks may be subject to changes in operating rules, consensus mechanisms, or governance (each, a “Fork”), which may result in one or more alternative versions of a blockchain network or digital asset (each, a “Forked Network” or “Forked Asset”, as applicable). In the event of a Fork, Fireblocks may, with or without notice, suspend, delay, decline, or restrict any affected Instruction while Fireblocks assesses the impact on the Services. FIREBLOCKS MAY CHOOSE NOT TO SUPPORT ANY FORKED NETWORK OR FORKED ASSET, AND YOU HAVE NO RIGHT, CLAIM, OR OTHER ENTITLEMENT AGAINST FIREBLOCKS, THE PROGRAM PARTNER, OR ANY THIRD PARTY PARTNER WITH RESPECT TO ANY SUCH UNSUPPORTED FORKED NETWORK, FORKED ASSET, OR SIMILAR ASSET OR RIGHT. IF YOU SUBMIT AN INSTRUCTION INVOLVING A FORKED ASSET OR AN ASSET ON A FORKED NETWORK, FIREBLOCKS MAY CANCEL OR REJECT SUCH INSTRUCTION AND MAY BE UNABLE TO RETURN THE APPLICABLE FIAT FUNDS OR DIGITAL ASSETS.
6.2 Acknowledgement of Risks. THERE ARE MANY RISKS ASSOCIATED WITH BUYING, RECEIVING, AND HOLDING STABLECOINS AND OTHER DIGITAL ASSETS. THESE RISKS ARE DESCRIBED IN THE DIGITAL ASSETS RISK DISCLOSURES ATTACHED AS EXHIBIT A, WHICH ARE INCORPORATED INTO AND FORM PART OF THIS AGREEMENT. BY USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THOSE RISKS.
6.3 Assumption of Risk and Release. BY USING THE SERVICES, YOU EXPRESSLY ASSUME ALL RISKS DESCRIBED IN THIS AGREEMENT AND THE DIGITAL ASSETS RISK DISCLOSURES, INCLUDING RISK OF LOSS, DECREASE IN VALUE, TECHNOLOGY FAILURES, FORKS, REGULATORY ACTION, AND INABILITY TO ACCESS OR TRANSFER DIGITAL ASSETS. YOU ACCEPT FULL RESPONSIBILITY FOR YOUR OWN ANALYSIS OF THESE RISKS AND REPRESENT THAT YOU HAVE THE TECHNICAL EXPERTISE AND RESOURCES TO EVALUATE THEM.
7.1 You agree to fully indemnify, defend, and hold harmless Fireblocks, its affiliates, officers, directors, employees, and agents from all claims, demands, or proceedings arising out of or related to: (i) your breach of this Agreement, including without limitation identity verification information provided by you or any unauthorized use of your systems or credentials to access the Services; (ii) any dispute between you and your payee or any other third party; or (iii) your violation of any law, rule or regulation. This indemnity survives termination.
7.2 Indemnification Procedure. Fireblocks will promptly notify you upon receipt of a Claim; provided that no delay in providing notice shall relieve you from any obligations hereunder. Fireblocks may, at its sole discretion, opt to exercise sole control over the defense of any indemnified Claim. Should you assume the defense of such Claims, (i) you shall keep Fireblocks informed of the status of the defense; (ii) you will not agree to any settlement without Fireblocks’ consent; and (iii) Fireblocks shall have the right to participate in the defense.
8.1 Exclusion of Consequential Loss. IN NO EVENT SHALL FIREBLOCKS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, REPUTATION, OR PROFITS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8.2 Limitation of Liability. NEITHER FIREBLOCKS NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSSES ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICES EXCEPT TO THE EXTENT SUCH LOSSES ARE ACTUAL AND FINALLY DETERMINED BY A COURT OR ARBITRATION PANEL TO HAVE RESULTED SOLELY FROM THE GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD OF FIREBLOCKS OR ITS AFFILIATES.
8.3 Regulatory Obligations Preserved. Nothing in this Section 8 limits Fireblocks’ obligations under its applicable regulatory licenses. The details of those licenses are set out in Section 10.
9.1 Term and Termination. This Agreement begins when you accept it and continues until terminated. You may terminate at any time, except where Fireblocks reasonably suspects you are evading applicable law or an investigation. Fireblocks may terminate for convenience on thirty (30) days’ written notice via the Program Partner, and immediately on notice for Cause or if continued provision would violate applicable law or Fireblocks’ policies. This Agreement shall terminate automatically if Fireblocks ceases to offer the Services. Fireblocks may immediately suspend or restrict your access and/or freeze funds, without notice, for Cause. “Cause” means Fireblocks (i) reasonably determines you are violating applicable law, its compliance program, or this Agreement, infringing third-party rights, or compromising the security or integrity of the Services; (ii) reasonably suspects unauthorized account access; or (iii) Fireblocks is required to act by law, a Third Party Partner, or a regulator or law-enforcement order. Termination or suspension takes effect when notice is given (or, for termination for convenience, at the end of the notice period). Except where prohibited by law, Fireblocks will complete any Stablecoin Payouts that were both instructed and funded before termination, and will then stop accepting Instructions. Termination does not affect obligations accrued before that time.
10.1 NMLS and Licensing. Fireblocks is registered with the Nationwide Multistate Licensing System & Registry (“NMLS”) (registration number 2066055) and licensed as a money transmitter (or equivalent) in one or more U.S. jurisdictions. A complete list of licenses is available at www.fireblocks.com/regulated-entities, incorporated by reference herein.
10.2 Contact Fireblocks. Phone: (866) 875-7755, Mon–Fri 9am–5pm ET. Email: [email protected]. Mail: Fireblocks LLC, 101 Federal Street, Suite 1900, Boston, MA 02110. Customer Service Queries should be raised first with the Program Partner per Section 3.2. Additional information about complaint handling and individual state disclosures can be found on www.fireblocks.com/regulated-entities.
11.1 Informal Resolution. Before initiating any formal proceeding, you must provide written notice to Fireblocks via the Program Partner describing the dispute, relief sought, and your contact information. The parties will negotiate in good faith for sixty (60) days. If unresolved, either party may pursue available remedies. This Section does not preclude any application by either party for injunctive or other equitable relief, including to prevent irreparable harm. When such injunctive or similar relief is sought, each Party hereby consents to the jurisdiction of any federal or state courts located in New York, New York.
11.2 Waiver of Jury Trial. EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, CLAIM, SUIT, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS OF SUCH PARTY IN THE PERFORMANCE HEREOF.
11.3 Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH FIREBLOCKS THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. Except as provided in Sections 11.3(iii) and 11.3(v), any dispute, claim, or controversy arising out of or relating to this Agreement or the Services, including questions of arbitrability, validity, and enforceability, and any claim based on contract, tort, statute, or any other legal theory (a “Dispute”) shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (“AAA Rules”), available at www.adr.org.
(i) Mechanics. A single arbitrator experienced in commercial financial services disputes shall be appointed under the AAA Rules. Seat: Wilmington, Delaware. Language: English. The arbitrator shall apply Delaware substantive law, may award any relief available at Delaware law, and shall issue a written, reasoned award. Judgment may be entered in any court of competent jurisdiction.
(ii) Class Action Waiver. YOU AND FIREBLOCKS AGREE THAT ALL DISPUTES SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM ALONE SHALL BE SEVERED TO COURT; ALL OTHER CLAIMS REMAIN SUBJECT TO ARBITRATION.
(iii) Emergency and Injunctive Relief. Either party may seek emergency or interim relief from courts in New York, New York without waiving the right to arbitrate to prevent irreparable harm; Fireblocks may seek equitable relief without bond.
(iv) Costs. AAA fees allocated per AAA Rules. Each party bears its own attorneys’ fees unless the arbitrator finds a claim or defense to be frivolous or brought in bad faith.
(v) Regulatory Carve-Out and Opt-Out. Nothing limits your right to file a complaint with any regulatory agency (including state money transmitter regulators, FinCEN, or the CFPB) or cooperate with any governmental investigation. Non-waivable statutory rights to court resolution are preserved. To opt out of this arbitration agreement, notify Fireblocks via the Program Partner in writing within thirty (30) days of first accepting this Agreement, stating your full legal name, your Program Partner, and your intent to opt out. Opting out does not affect any other term of this Agreement.
(vi) Severability. If any part of this Section 11.3 is unenforceable, it shall be severed and the remainder shall apply, except that if Section 11.3(ii) is unenforceable as to a claim, the entire arbitration agreement is null and void as to that claim only. This Section 11.3 survives termination.
12.1 Consent to Electronic Records. You consent to receive all notices, confirmations, receipts, and communications about your account electronically. Unless prohibited by law, withdrawal of this consent may result in closure of your account. Paper statements will only be provided as required by law and may be subject to a fee.
13.1 Tax Obligations. Engaging in digital asset transactions may result in taxable income or otherwise result in tax reporting obligations to one or more taxing authorities by you.
13.2 Force Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, provided it gives prompt notice and uses commercially reasonable efforts to resume performance. If the affected party cannot resume performance within thirty (30) days, the other party may terminate. Outstanding payment obligations survive.
13.3 Intellectual Property. All intellectual property rights in the Services and Fireblocks’ name, logos, and trademarks are owned by Fireblocks, Fireblocks Ltd., or their licensors. No license is granted except as expressly set out herein.
13.4 Governing Law. This Agreement is governed by the laws of Delaware, USA, without regard to conflicts of law principles. The competent courts of New York have exclusive jurisdiction over disputes not subject to arbitration, and each party irrevocably submits to their jurisdiction.
13.5 Assignment. Fireblocks may assign its rights and obligations hereunder in its sole discretion. You may not assign your rights or delegate your obligations under this Agreement without Fireblocks’ prior written consent. This Agreement binds your successors and permitted assigns.
13.6 Amendments. Fireblocks may amend this Agreement on thirty (30) days’ prior written notice, delivered via the Program Partner or by any means reasonably calculated to give you actual notice. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree, your sole remedy is to stop using the Services and terminate under Section 9.
13.7 Entire Agreement; Severability; Survival. This Agreement is the complete agreement regarding its subject matter. If any provision is declared invalid or unenforceable, it shall be modified to the minimum extent necessary; all other provisions remain in full force. All provisions which by their nature extend beyond the expiration or termination of this Agreement, including any provisions pertaining to disputes with Fireblocks, survive the termination or expiration of this Agreement.
By accessing and using the Services, you acknowledge that you have read and understand the following Digital Assets Risk Disclosures, which are incorporated into and form part of this Agreement.
- Unique Features; Volatility; De-Peg. Digital assets, including stablecoins, are not legal tender, are not backed or guaranteed by the U.S. government, are not bank deposits, and are not subject to FDIC or SIPC protection. They may have no intrinsic value, may depend on continued market acceptance, and may lose value or become illiquid. A stablecoin may be designed to track or be redeemable for Fiat Funds or another asset, but no stablecoin is guaranteed to maintain its peg, redemption ratio, or value, and a de-peg may occur at any time, including after an Instruction has been submitted or processed or after a Stablecoin Payout has been delivered.
- Issuer, Reserve, Intermediary, and Redemption Risks. The value, stability, and redeemability of a stablecoin may depend on its issuer, reserves, financial institutions, custodians, trustees, intermediaries, service providers, jurisdiction, applicable law, and blockchain network. Fireblocks does not control any stablecoin issuer, reserve account, redemption process, third-party financial institution, or issuer-controlled transfer restriction. Issuers or their service providers may experience reserve shortfalls, outages, delays, insolvency, fraud, cyber incidents, regulatory restrictions, or smart contract controls that block, freeze, restrict, or prevent transfer or redemption.
- Pricing, Execution, and Liquidity Risks. Digital asset prices may vary across exchanges, liquidity providers, intermediaries, and venues, and there may be no centralized or authoritative pricing source. Any price, exchange rate, quote, or execution price available through the Services is not a guarantee of market price, redemption value, or future value. Fireblocks does not guarantee execution at any particular price, exchange rate, time, or value and is not liable for changes in value between submission, processing, broadcast, delivery, return, redemption, or settlement.
- Technology, Network Control, and Fork Risks. Digital asset transactions depend on blockchain networks, distributed ledgers, smart contracts, wallets, private keys, validators, miners, node operators, bridges, protocols, and other technology not owned or controlled by Fireblocks. In general, blockchain networks use open-source software that anyone can use, copy, modify, and distribute. Fireblocks, the Program Partner, and Third Party Partners do not operate, own, or control any blockchain network and do not guarantee functionality, security, availability, or continued operation. These technologies may be subject to congestion, outages, forks, governance changes, abandonment, protocol defects, smart contract bugs, 51% attacks, replay attacks, double-spend risks, and other failures or exploits. Fireblocks has no obligation to support any Forked Network, Forked Stablecoin, Forked Asset, airdrop, duplicate asset, or similar asset or right.
- Cybersecurity, Fraud, Irreversibility, and Access Risks. Digital assets, wallets, networks, and related systems may be vulnerable to hacking, phishing, malware, social engineering, credential compromise, private-key theft, protocol exploits, smart contract exploits, and other cyber or fraud risks. A cybersecurity event may result in substantial, immediate, and irreversible loss and may impair value, liquidity, transferability, or redeemability. You are solely responsible for safeguarding credentials, verifying wallet addresses and Instruction details, and maintaining appropriate controls. Transactions broadcast to a blockchain network may be irreversible and may not be capable of cancellation, amendment, recovery, or chargeback. Loss, theft, destruction, or compromise of a private key, credential, wallet, or wallet address may result in permanent loss.
- Regulatory and Legal Risks. Digital assets and stablecoins are subject to an uncertain and evolving regulatory landscape. Laws, regulations, regulatory interpretations, enforcement priorities, licensing requirements, supervisory expectations, sanctions programs, tax rules, and governmental action may vary by jurisdiction and change at any time and may affect the Services, the availability, holding, transfer, exchange, redemption, custody, use, taxation, or value of digital assets, blockchain networks, issuers, users, merchants, intermediaries, and financial institutions. Fireblocks may delay, decline, suspend, restrict, or terminate access to the Services where required or permitted by applicable law, regulatory directive, law enforcement request, or Fireblocks’ compliance policies.
- No Advice; Assumption of Risk. Fireblocks does not provide investment, tax, legal, accounting, financial, or trading advice and does not act as a broker, fiduciary, investment adviser, or tax adviser. Availability of a digital asset through the Services is not a recommendation, endorsement, solicitation, or representation as to that asset, its issuer, reserves, value, stability, or suitability.