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SOFI DIGITAL ASSETS LLC CUSTOMER AGREEMENT

VERSION SUBJECT TO CHANGE

LAST UPDATED: SEPTEMBER 27, 2022

We have prepared this Agreement (as defined below) and the related disclosures and
addendums to help you understand your rights and obligations with respect to the Account
(defined below) you’re opening with SoFi Digital Assets LLC, a Delaware limited liability
company (“SoFi Crypto”), for the spot purchase and sale of interests in Digital Currencies
(defined below) through the SoFi Crypto Platform (defined below) and to advise you of what
you can expect from SoFi Crypto with respect to your Account.

If you have any questions or concerns about anything contained in this Agreement,
please contact SoFi Crypto Customer Support by email at cryptosupport@sofi.com or by
phone at (855) 456-7634.

I. Definitions

In this Customer Agreement, the terms “you” and “your” refer to the SoFi Cryp
Customer (defined below) and “SoFi Crypto,” “we,” “our,” and “us” refer to SoF
Crypto. In addition:

“Account
” means the account, established in your name at SoFi Crypto.

“Account Statement ” means the periodic statement SoFi Crypto will electronically post to
your Account describing all Account activity which occurred during the preceding Statement
Period.

“Account Application
” means the electronic application you submit to open an Account with
SoFi Crypto.

“Agreement ” or “Customer Agreement ” means collectively: (i) this Agreement, including


the “ SoFi Special Risk Disclosure for Digital Currency, ” attached hereto as Exhibit A, as
amended by and all Disclosures provided to you on and after the date hereof and incorporated
herein by reference; (ii) the terms and conditions of any SoFi Crypto Third-Party Agreements
incorporated herein by reference or annexed hereto; (iii) the SoFi Terms of Use
https://www.sofi.com/terms-of-use/; and (iv) all other documents incorporated herein whether
hyperlink or otherwise.

“Apex Clearing ” means Apex Clearing Corporation, a Delaware corporation, acting in its
capacity as the Clearing Broker for SoFi Securities, LLC, pursuant to that certain Fully
Disclosed Clearing Agreement, dated as of July 14, 2015, as amended, between Apex Clearing
and SoFi Securities.

“Business Day ” means any day other than a Saturday or Sunday, excluding: (i) U.S. stock
exchange holidays; (ii) any legal public holiday specified in 5 USC § 6103(a); and (iii) any
day on which national banks are closed, even if SoFi Crypto is otherwise open on such day.

1050747972 v2
“DigitalCurrency ” means Bitcoin, Ethereum, Bitcoin Cash, Litecoin, and any other
currencies or tokens as may be supported by the SoFi Crypto Platform from time to time, which
in each case is subject to change.

“Digital Currency Platform ” means any third-party electronic platform used by SoFi Crypto
to (i) facilitate purchases and sales of Digital Currencies and/or (ii) store, maintain or provide
custodial services for the Digital Currency Keys.

“Digital Currency Keys ” means the private codes or passwords generated for each Digital
Currency upon acquisition, which function as unique identifiers linking each Digital Currency
with its purchaser.

“Disclosures ” means all amendments, addendums, disclosures, supplements, schedules,


updates, notices, and other communications required or permitted by law or regulation, which
are posted to your Account or otherwise delivered to you by SoFi Crypto in the manner
described herein.

“Platform Downtime
” shall have the meaning set forth in Section VI hereof.

“SoFi” means Social Finance, Inc., a Delaware corporation, and, if the context warrants, its
subsidiaries.

“SoFi Crypto Customer ” means each person who has: (a) completed the SoFi Crypto
Account Application; (b) been approved by SoFi Crypto to open an Account; (c) provided
his/her electronic consent and acknowledgment to the terms of this Agreement; and (d) has
initiated at least one transaction through the Account.

“SoFi Crypto Platform ” means the Digital Currency trading services made available through
our website, mobile application, and any third-party hosted platform or service (whether or not
integrated) provided by any SoFi Crypto Third-Party Partner.

“SoFi Crypto Third-Party Partner ” means any third-party financial institution, service
provider, vendor or other entity (other than a Digital Currency Platform) which SoFi Crypto
has engaged, or contracted with, to provide services in connection with the SoFi Crypto
Platform including, but not limited to, Apex Clearing.

“SoFi Crypto Third-Party Agreement ” means any agreement between SoFi Crypto and a
SoFi Crypto Third-Party Partner which sets forth the terms pursuant to which the SoFi Crypto
Third-Party Partner will provide services in connection with Accounts.

“SoFi Digital Assets Account ” means the omnibus bank account held in the name of SoFi
Digital Assets LLC for the benefit of SoFi Crypto Customers, held at a third-party financial
institution, into which customer funds required to complete customer orders are transferred for
the purpose of buying and selling Digital Currencies.

“SoFi Crypto Omnibus Account ” means the omnibus account held by SoFi Digital Assets
at one or more Digital Currency Platforms used to purchase and sell Digital Currencies on
behalf of SoFi Crypto Customers, held in the name “SoFi Digital Assets LLC, as Agent for the
Exclusive Benefit of its Customers,” or similar language.

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“SoFi Special Risk Disclosure for Digital Currency
” means that certain description of risk
considerations associated with investments in Digital Currencies attached hereto as Exhibit A.

“SoFi Securities
” means SoFi Securities LLC, a registered broker-dealer and FINRA member.

“SoFi Securities Customer” means each person who has opened and been approved to
maintain a securities brokerage account with SoFi Securities.

“SoFi Securities Account


” means the SoFi Crypto Customer’s brokerage account held with
SoFi Securities.

“SoFi Mobile App ” means the SoFi mobile application through which SoFi Crypto Customers
can access their Accounts through mobile devices. The mobile app is available through the
Apple App Store, Google Play, and other similar platforms.

“SoFi Privacy Policy ” means SoFi’s posted online privacy policy available on the SoFi
Website at https://www.sofi.com/privacy-policy/.

“SoFi Terms of ”Use means the general terms and conditions governing electronic access to
your Account through the SoFi Crypto Platform, as amended. The current Sofi Terms of Use
can be found at https://www.sofi.com/terms-of-use/.

“SoFi Website” means the SoFi website through which SoFi Crypto Customers can access
their Accounts through the internet.

II. Scope of the Agreement

Applicability

When you consent to the terms of this Agreement, you are agreeing that its terms will
govern your rights and obligations and those of SoFi Crypto, any SoFi affiliates, and SoFi
Crypto Third-Party Partners, with respect to all services and transactions related to your
Account, and the resolution of all disputes related to your Account.

Compliance with Governing Laws and Rules

In no event will SoFi Crypto be obligated to effect any transaction it believes would
violate any federal or state law, rule or regulation or the rules or regulations of any regulatory
or self-regulatory organization which has oversight over the Account.

Consent to Agreement Terms and Effective Date for Disclosures

By providing your electronic consent at the end of this Agreement, you indicate your
acceptance of this Agreement and its terms. SoFi Crypto reserves the right to amend the terms
of this Agreement, including any related annexes or schedules at any time by delivering written
Disclosures to you describing the changes. Disclosures will also be used to describe any
changes SoFi Crypto may agree to with any SoFi Crypto Third-Party Partners that may impact

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your Account. Each Disclosure will explain the Account change and the date the change will
become effective.

Most Disclosures will not require your affirmative acknowledgement or consent prior
to taking effect. The effective date of an Account change shall be determined by us, subject to
applicable law. In most instances we will provide you with notice of a change in advance of,
or contemporaneously with, the effective date of the change. However, in certain cases we may
not deliver a notice or may deliver notice after the effective date of the change. Each Account
change will become effective as of the effective date we establish.

You will be deemed to have received a Disclosure once we have posted it or a link to
your Account, sent it by email or United States Postal Service to the email or physical mailing
address you have provided to us, or delivered it by any other method permitted by law or as
described in this Agreement. The terms of all Disclosures delivered on or after the date hereof
will be incorporated herein by reference. In the event of an inconsistency between the terms of
this Agreement and the terms of any Disclosure, the terms of the Disclosure will control.

Unless otherwise specified by SoFi Crypto, your continued use of the Account
following the receipt of any Disclosure constitutes your acknowledgment of, and consent to,
the change(s) set forth in the Disclosure. If you do not consent to the change(s) set forth in the
Disclosure, you may close your Account by contacting us at cryptosupport@sofi.com or by
phone at (855) 456-7634, provided however that the terms of any Account changes described
in Disclosures delivered prior to the closure or termination of your Account, shall apply to all
Account activity occurring on and after the effective date of such Disclosures, and prior to the
closure of your Account.

III. Account Opening Guidelines

SoFi Crypto Member Authentication

By providing your electronic consent at the end of this Agreement, you certify that you:
(i) are at least 18 years old; (ii) have the legal capacity to enter into this Agreement; (iii) agree
to be legally bound by the terms and conditions of this Agreement in its entirety; (iv) have
read and understand the attached SoFi Special Risk Disclosure for Digital Currency
Transactions; and (v) are establishing the Account for your personal use only and not for
commercial purposes.

You further certify that the information contained in your account application, and any
other document that you furnish to us in connection with your Account is complete, true and
correct. Federal law requires that SoFi Crypto establish, document and maintain a “customer
identification program” through which it will obtain, verify, and record information that
identifies each person who opens an account with us. Therefore, when you opened your
Account, you were asked for your name, address, date of birth, and other information that will
allow SoFi Crypto to identify you. We may ask you for further information and/or
documentation to confirm your identity (e.g., your email address, mobile telephone number,
etc.), financial information or Account Application information. Failure to provide this
information in a timely manner may delay the opening of your Account, or result in the
suspension or closure of your Account .

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You hereby authorize SoFi Crypto to make any inquiries we consider necessary to
validate or otherwise authenticate your identity and the information you provided in your
Account Application against third-party databases or through other sources, including
contacting any individual or firm listed in your Account Application or in any ancillary
documents you provide, to make any inquiries we consider necessary or appropriate to validate
or otherwise authenticate your identity and the Account Application information you provided.
To obtain verification, we may obtain consumer and credit reports, and make other inquiries,
but we are not obligated to do so. You hereby grant permission to allow anyone so contacted
to furnish such information to us as we may request, verify your identity, creditworthiness and
other information (and your spouse’s if you live in a community-property state).

We may, for any reason in our sole discretion, deny your application to open an
Account or suspend or decline to offer you certain services available to other SoFi Crypto
Customers.

Important Information Needed to Open New Accounts

You acknowledge that this Agreement and your Account may be subject to U.S.
economic sanctions and embargo laws, including, but not limited to, the Trading With the
Enemy Act, and the International Emergency Economic Powers Act, orders and regulations
issued pursuant to those acts, and similar laws, violations of which may be subject to U.S. civil
and criminal penalties. You specifically represent and warrant that you have not been
designated by the OFAC as a Specially Designated National or blocked person, that you have
no reason to believe that you would be considered a blocked person by OFAC, and that you
are not acting as agent of any such person. You further represent and warrant that you are not
employed by, acting as agent of, a government-controlled entity or a government corporation
except as you have indicated on your Account application.

Credit and Consumer Report Authorization

You agree that you are providing written instructions to authorize SoFi Crypto to obtain
copies of your consumer and credit reports from one or more consumer reporting agencies at
our discretion, at any time, for reasons including, but not limited to: (i) collecting a debit
balance or any amount owed in connections with your Account; (ii) investigations to detect
and/or prevent fraud involving you or your Account; (iii) determining whether to grant, extend,
or modify the terms and conditions of any credit you have applied for or received; (iv) assisting
SoFi Crypto in evaluating whether to open, close or suspend your Account; or (v) any other
lawful purpose.

Duty to Promptly Update Contact Information

To timely receive Disclosures, Account Statements, security notifications, and other


important information regarding your Account, you must ensure that the primary mobile phone
number and email address that you provided as part of your Account Application remain
current at all times.

You agree to promptly update your Account with any changes to the contact
information you initially provided. In addition to promptly updating your contact information,

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you must ensure that your laptop, tablet, smartphone or other device used to access your
Account will permit you to receive, open and view (and if desired, store and print) the
Disclosures which we may send to you by text, email or otherwise.

Since our ability to deliver Account Statements, Disclosures, account security alerts
and other important information, is directly contingent on the accuracy and validity of the
mobile phone number(s) and email address(es) you provide, if your contact information
remains invalid for a period of ten (10) days or more, SoFi Crypto reserves the right to suspend
your Account until you have provided, and SoFi Crypto has verified to its satisfaction, your
updated contact information. While your Account is suspended, SoFi Crypto will not honor
any outgoing transfers from your Account, including requests to purchase Digital Currencies.
During any such suspension, SoFi Crypto will continue to honor credit transactions such as the
receipt of proceeds from the sale of Digital Currencies. If you fail to provide updated contact
information within a reasonable time after a request, as determined by SoFi Crypto in our sole
discretion, we reserve the right to close and terminate your Account.

Account Services Provided by SoFi Crypto Third-Party Partners

SoFi Crypto has entered into arrangements with SoFi Crypto Third-Party Partners to provide
certain important services to the SoFi Crypto Platform, including, without limitation,
agreements with Apex Clearing to transfer funds between your SoFi Securities Account and
the SoFi Digital Assets Account, and with various Digital Currency Platforms through which
SoFi Crypto will execute purchase and sale transactions on your behalf. By using your SoFi
Crypto Account, you agree to terms and conditions negotiated by SoFi Crypto with such SoFi
Crypto Third-Party Partners for such services, as communicated herein or in separate
Disclosures, as applicable. To facilitate compliance with the applicable terms and conditions
of the SoFi Crypto Third-Party Agreements, you hereby appoint SoFi Crypto as your true and
lawful attorney-in-fact, with full power to the extent permitted by law, to: (i) carry out any of
your instructions and obligations under this Agreement and any SoFi Crypto Third-Party
Agreements; (ii) act on your behalf in connection with any future interactions with any SoFi
Crypto Third-Party Partner to the extent necessary to resolve any disputed transaction; (iii)
facilitate your instructions in connection with the Account; and (iv) otherwise act on your
behalf with respect to any action required to be taken by you hereunder or under the terms of
any SoFi Crypto Third-Party Agreement.

IV. SoFi Crypto Platform

No Recommendations and Advice

A) Self-Directed Accounts without Recommendations or Advice.

You understand that your Account is self-directed through which you can place
purchase and sale orders for various Digital Currencies.

You appoint SoFi Crypto as your agent to carry out your directions in
accordance with the terms and conditions of this Agreement, however you are solely
responsible for any and all orders placed through your Account. You hereby represent
that: (i) you have read and understand the SoFi Special Risk Disclosure for Digital

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Currency; (ii) each order initiated by you is based on your own investment decision,
and (iii) you are aware that you are solely responsible for the risk of loss associated
with the purchase or sale of Digital Currency through your Account. You acknowledge
sole responsibility for determining the suitability of your transactions in light of your
investment objectives, risk appetite, needs and financial objective(s).

Accordingly, you acknowledge that none of SoFi Crypto, SoFi Securities, any
SoFi Crypto Third-Party Partner, or any of their representatives will: (1) provide
advice, offer opinions, or make any recommendations in connection with any Digital
Currency or any related strategy; including any advice, recommendations or opinions
regarding the suitability or advisability of any particular Digital Currency or any
strategy related to the purchase or sale of any Digital Currency; (2) provide any tax or
legal advice with respect to your Account or any Digital Currency; (3) make
discretionary trades for your Account; (4) act as a market maker in any Digital
Currency; or (5) solicit any order from you for the purchase or sale of any Digital
Currency.

B) Trading and Platform Limits.

(i) Daily Trading Limits — Each Account may purchase no more than
$100,000 in Digital Currencies per day. SoFi Crypto also reserves the
right to limit the aggregate of Digital Currencies that may be purchased
through and held in your Account at any given time.

(ii) Platform Limits – In the event: (A) any governmental authority


determines that the purchase or sale of any Digital Currency or interest
therein requires a license which SoFi Crypto does not hold; or (B) any
Digital Currency is deemed to be a “security” subject to registration
under the Securities Act of 1934, as amended, SoFi Crypto will cease
supporting the purchase and sale of such Digital Currency through the
SoFi Crypto Platform and will work with you to promptly liquidate and
close out any open positions in your Account in such Digital Currency
as needed to timely comply with such law or directive.

C) Absence of FDIC, SIPC or Private Insurance

SoFi Crypto is not a broker-dealer, bank, or other regulated financial institution.


Neither the Securities Investor Protection Corporation nor the Federal Deposit
Insurance Corporation will protect you from losses resulting from the failure or
insolvency of SoFi Crypto or any SoFi Crypto Third-Party Partner involved in the
process of purchased, holding or sale of your interests in any Digital Currencies. In
addition, SoFi Crypto provides no private coverage against any such losses.

D) Limited Roles of SoFi Securities and Apex Clearing

1. You understand that your SoFi Crypto Account and your SoFi
Securities Account are separate accounts that you hold at
separate SoFi affiliates.

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2. SoFi Securities – You acknowledge that other than the limited
role of SoFi Securities in facilitating the movement of cash
between your SoFi Securities Account and the SoFi Digital
Assets Account to initiate Digital Currency orders (or vice versa
upon sale of a Digital Currency), pursuant to your written
instructions, SoFi Securities will have no involvement with any
aspect of any Digital Currency transaction initiated through your
SoFi Crypto Account.

3. Apex Clearing – You acknowledge that other than the limited


role Apex Clearing plays in transferring funds between your
SoFi Securities Account and the SoFi Digital Assets Account
pursuant to your written instructions, Apex Clearing will have
no involvement with any aspect of any Digital Currency
transaction initiated through your SoFi Crypto Account,
including the purchase, sale, or custody of any Digital
Currencies.

E) General Process Flow for Digital Currency Order Processing; Authorizations to


SoFi Securities and Apex Clearing

1. Order Processing and Custody

o Initial Funding Transfer and Authorization – In order to make a


purchase of Digital Currencies through the SoFi Crypto
Platform, you must first transfer funds sufficient to cover the
transaction from your SoFi Securities Account to the SoFi
Digital Assets Account, which is owned by SoFi Crypto. Each
purchase order will also operate as your authorization
instructing SoFi Securities and Apex Clearing to transfer the
amounts required to fund such transaction from your SoFi
Securities Account to the SoFi Digital Assets Account.
Similarly, each sale order you place also operates as your
authorization instructing SoFi Securities and Apex Clearing to
first deposit the sale proceeds into the SoFi Digital Assets
Account and then to transfer such funds to your SoFi Securities
Account.

o Contemporaneous Purchase – When a Digital Currency order is


placed, SoFi Crypto will immediately purchase the requested
Digital Currency through its SoFi Crypto Omnibus Account
maintained at one or more Digital Currency Platforms.
Assuming there are sufficient funds to cover the order, your
SoFi Crypto Account will be contemporaneously credited or
debited for the full value of the Digital Currency(ies) purchased
or sold on your behalf, less the applicable costs and fees.

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o Limits on Transfer and Delivery – While you may place orders
to purchase or sell Digital Currency through the SoFi Digital
Platform, you may not: (i) transfer any Digital Currency to a
third-party; (ii) take delivery of any Digital Currencies; (iii)
move Digital Currencies to a personal digital wallet, another
platform, custodian, or account; or (iv) pledge any Digital
Currency as collateral to secure a debt or other obligation.

o Digital Currency Keys – SoFi Crypto will relay purchase and


sale instructions to the Digital Currency Platform. Once
purchased, the Digital Currency Keys for the related Digital
Currencies will be held by the Digital Currency Platform(s) in
the SoFi Crypto Omnibus Account. At no time will custody or
physical control of the Digital Currency Keys be held directly
by SoFi Crypto, SoFi Securities, Apex Clearing, or in your SoFi
Digital Assets Account.

o Digital Currency Interest Acquired – Upon the purchase of each


Digital Currency, the related Digital Currency Keys will be
transferred to the SoFi Crypto Omnibus Account. Since the
Digital Currency Keys are held in the SoFi Crypto Omnibus
Account, rather than in your SoFi Digital Assets Account, your
SoFi Digital Assets Account will be credited through ledger
entry for an amount equal to the value of the Digital Currency
purchased. Upon sale of your Digital Currency, SoFi Crypto
will be obligated to pay you an amount equal to the value
received upon settlement of the sale of the Digital Currency, less
any applicable transaction costs. The value of the payment
obligation will fluctuate with the market value of your Digital
Currency portfolio.

o SoFi Crypto has a security interest in the SoFi Crypto Omnibus


Account and the Digital Currencies contained therein which are
“general intangibles” under Article 9 of the Uniform
Commercial Code. SoFi Crypto holds the security interest in the
SoFi Crypto Omnibus Account and related assets for the benefit
of all SoFi Crypto Customers and will not assign that security
interest to any SoFi Crypto Customer. Because each SoFi
Crypto Customer’s assets may be commingled in the SoFi
Crypto Omnibus Account, it may be difficult to trace assets in
the SoFi Crypto Omnibus Account to claims of particular
Customers in the event that SoFi Crypto becomes insolvent.

o Sale of Digital Currencies and Deposit Authorizations – You


may place an order to sell all or a portion of your Digital
Currency at any time. Once you authorize a sale, SoFi Crypto
will instruct the Digital Currency Platform(s) to initiate a sale of
your Digital Currency. Upon your sale of any Digital Currency,

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you authorize and instruct SoFi Securities and Apex Clearing to
deposit the net sale proceeds into the SoFi Digital Assets
Account and then to transfer such funds to your SoFi Securities
Account.

o Record Maintenance – SoFi Crypto will maintain records


reflecting your interest in each Digital Currency purchased and
sold which can be viewed by logging onto your Account at any
time. Please note that you will not have direct access to the
records maintained by the Digital Currency Platform(s) which
holds the Digital Currency Keys.

V. Orders

Market Orders; Order Placement; Orders Not Reversible

Market Orders are filled at the best available price offered with the Digital Currency
Platform, less the Digital Order Fees (described below). If you place a market order, you agree
to pay or receive the prevailing market price at the time the order is executed. Orders are
processed through one or more Digital Currency Platforms, and you understand that the
execution price may be significantly higher or lower than anticipated. Digital Currency Orders
will be settled once the internal ledger at the Digital Currency Platform is updated to reflect
the transaction. Once you place a Digital Currency order, SoFi Crypto cannot reverse the order.
SoFi assumes no liability for loses associated with improper or erroneous instructions
accompanying any Digital Currency Order. SoFi Crypto does not support limit orders or
options trading of Digital Currency, and does not offer credit or margin trading with respect to
Digital Currency.

Fees for Digital Currency Orders

For each purchase or sale order placed, Customer agrees to pay to SoFi Crypto a
markup of 1.25% (rounded up to the nearest penny $0.01) on crypto transactions and all
commissions, fees and related costs (the “Digital Order Fees”). SoFi Crypto may deduct
directly from your SoFi Crypto Account Digital Order Fees due in connection with any order
placed. You are not permitted to place a sell order unless you have enough Digital Currency in
your Account to satisfy the order. If there are insufficient funds in your SoFi Crypto Account
to cover a Digital Currency order plus the Digital Order Fees, you agree to promptly provide
additional funds.

Order Handling

You agree and acknowledge that SoFi Crypto does not guarantee any order will be
filled and that we reserve the right to cancel any order that was placed during scheduled or
unscheduled Platform Downtime, or any order which we deem to be non-marketable. The
execution of all orders is subject to the terms of this Agreement as well as the trading rules
established by each Digital Currency Platform.

Price Fluctuations

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During periods of high volume, illiquidity, or volatility in the marketplace, the price

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paid for, or amount of Digital Currency received, may differ from the quote provided on entry
of an order. You understand that under these circumstances, SoFi Crypto is not liable for such
price fluctuations.

Transaction and Transfer Confirmations

Transfer Confirmation—With respect to transfer of cash from your SoFi Securities


Account to purchase Digital Currency in response to your instruction, SoFi Crypto will deliver
by email, in app message posted under “Account Activity,” or by other electronic means, an
electronic confirmation of each such transfer. The transfer confirmation will reflect the amount
and date of such transfer and identify the SoFi Crypto Omnibus Account to which the transfer
was made.”

Transaction Confirmation—With respect to each Digital Currency order executed on


your behalf, SoFi Crypto will deliver to you by email, in app message posted under “Account
Activity,” or by other electronic means an electronic confirmation of each order placed. The
confirmation will include: (i) the type and amount of the Digital Currency transaction; (ii) the
markup or fee charged to you for the transaction; (iii) a notice that once initiated, the
transaction is irreversible and may not cancelled; and (iv) such other information as SoFi
Crypto deems appropriate.

You agree to notify SoFi Crypto of any objection to the terms of a confirmation within
two (2) Business Days after receipt, otherwise the transaction will be considered binding. In
all cases, SoFi Crypto reserves the right to determine the validity of any such objection. You
agree that SoFi Crypto is not obligated to provide you with any trade status report other than
the official confirmation.

Erroneous Transactions

You understand that SoFi Crypto reserves the right to declare null and void, a
transaction that we consider to be clearly erroneous or potentially fraudulent (an “Erroneous
Transaction”). We may consider a transaction to be clearly erroneous when either the volume
of the order is materially inconsistent with your trading history or the price is substantially
inconsistent with the market price at the time of execution. In making a determination, we take
into account the circumstances at the time of the transaction, the preservation of the integrity
of the market, and the maintenance of a fair and orderly marketplace. You agree that you are
responsible for ensuring that the appropriate price and order type is entered into the SoFi
Crypto Platform when you place an order to buy or sell any Digital Currency. You
acknowledge and agree that a simple assertion by you that a mistake was made in entering an
order, or that you failed to pay attention to or update an order, shall not be sufficient to establish
it as an Erroneous Transaction. You further acknowledge and agree that if we determine that
a given transaction is an Erroneous Transaction, we may declare it null and void, in whole and
in part, even if you do not agree to cancel or modify it.

Funding Your Account and Source of Funds

a. Your Digital Currency orders can only be funded via a transfer of funds from
your SoFi Securities Account to your SoFi Digital Assets Account. Transfers

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can be initiated through the SoFi Website or the SoFi Mobile App. Only fully
cleared funds from your SoFi Securities Account may be transferred. You
cannot transfer money you have at another financial institution directly to the
SoFi Digital Assets Account to fund your Digital Currency orders.

b. For the initial trade conducted through your SoFi Digital Assets Account, SoFi
Crypto offers the ability to immediately transfer up to $1,000 in uncleared
deposits from your SoFi Securities Account to your SoFi Digital Account to be
applied toward your first Digital Currency purchase. In the event the initial
deposit fails to clear within three (3) Business Days after your initial Digital
Currency purchase, SoFi Crypto may liquidate any Digital Currency of its
choosing that has been credited to your Account, in an amount sufficient to
reimburse itself for the purchase price of the Digital Currency purchased with
the uncleared funds, plus any fees associated with the purchase.

c. Except as described above, please note that in accordance with its funds
availability policy, SoFi Securities may place a hold on incoming transfers of
funds to your SoFi Securities Account from linked accounts at other financial
institutions, which may delay the timing of the availability of funds in your
SoFi Digital Assets Account.

d. You agree, represent, and warrant that none of the funds transferred from your
SoFi Securities Account are or will be the direct or indirect proceeds of any
criminal or fraudulent activity.

e. You are not allowed to fund any Digital Currency purchase with funds received
from any third-party. We reserve the right to investigate the source of any
amounts used to fund any Digital Currency transaction and may determine, in
our sole discretion, how to handle their disposition. Following our review of
any funds in question and the circumstances by which you received them, we
may determine that you are not the owner of such funds and choose to dispose
of these funds in accordance with applicable laws and regulations in our sole
discretion, which may include, returning them to the destination of their origin
or as required or permitted by applicable law.

VI. Accessing Your Account

Hardware Requirements

In order to access your Account, you need the following: (a) computer, tablet,
smartphone, or other device with an Internet connection which is capable of high-security 256-
bit encryption (SSL); (b) a current web browser with cookies enabled; and (c) a valid email
address on file in your Account profile. You are responsible for the installation, maintenance,
and operation of your computer and software. If you use a spam blocker, you must add
www.sofi.com to your email address book or whitelist. SoFi Crypto highly recommends that
you also have access to a printer or online storage capability to facilitate printing and/or storing
this Agreement, your Account Statements, and any Disclosures or other documents provided
to you.

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SoFi Crypto Technical Requirements

You may access your Account using your tablet or smartphone or similar device by
downloading the SoFi Website and SoFi Mobile App which is available through the Apple
iTunes Store and Google Play. You acknowledge that use of the SoFi Mobile App is subject
to the terms of use associated with the SoFi Mobile App. In order to use the SoFi Mobile App,
you must have an Apple iOS or Android tablet or smartphone capable of installing and running
the SoFi Mobile App (see terms of use details for specific hardware and OS requirements).

Third-Party Agreements

Your ability to access and use your Account will also be dependent on services
provided by various third-parties such as your Internet service provider, your mobile phone
carrier, and other third-parties which provide or support the hardware or software needed to
access your Account online. You agree to comply with the terms of any related third-party
agreements you have with such providers and acknowledge that SoFi Crypto does not control
the products or services provided by such third-parties and has no responsibility for the quality
of the services or products provided by them. You further acknowledge that SoFi Crypto has
no liability to you for any loss or damage you may sustain in the event you are unable to access
your Account or execute a transaction, to the extent caused by the failure of any such third-
party to properly maintain or timely deliver its services or products.

Third-Party Access Fees

There are no fees charged by SoFi Crypto to access your Account online, however you
may incur charges from your Internet service provider for sending or receiving data related to
Account transactions. Please check the agreements with your Internet, or mobile service
providers, for details on any applicable charges or fees.

Technology Risks

You understand SoFi Crypto provides services through the SoFi Crypto Platform and
you agree to receive and transmit information about your Account and your Digital Currency
trading activity through the SoFi Crypto Platform. You acknowledge that your use of the SoFi
Crypto Platform and the related software provided to access your Account information, is at
your sole risk and that none of SoFi Crypto nor any SoFi Crypto Third-Party Service Provider,
including any Digital Currency Platform used to settle any trades or maintain any Digital
Currency Keys, represents or warrants that any services provided will be uninterrupted or error
free.

Platform Downtime

SoFi Crypto does not guarantee the continuous availability of all services provided
through the SoFi Crypto Platform. You agree that part or all of the SoFi Crypto Platform or
the platforms of our SoFi Third-Party Crypto Partners may be periodically unavailable during
scheduled maintenance or unscheduled downtime “Platform Downtime.” You agree and
understand that SoFi Crypto is not liable or responsible to you for any inconvenience or losses
you may incur as a result of the inability to use the SoFi Crypto Platform during Platform

14
Downtime. Following Platform Downtime, you understand that prevailing market prices may
differ significantly from the prices prior. SoFi Crypto will use commercially reasonable efforts
to prevent unscheduled Platform Downtime.

VII. Digital Currency Networks and Forks

You understand that we do not own or control the software protocols underlying the
Digital Currency and associated Digital Currency networks and that we disclaim all liability
relating to such protocols and any change in value of any Digital Currency. Further, we make
no guarantees regarding the security, functionality, or availability of such protocols, Digital
Currencies, or Digital Currency networks. In general, the underlying protocols are open source,
and anyone can use, copy, modify, and distribute them. You further understand that such
underlying software protocols are subject to sudden changes in operating rules (“Forks”) that
may result in more than one version (a “Forked Network”), and that such Forks may materially
affect the value, function, or name of the Digital Currencies you hold. In the event of a Fork,
you agree and understand that we may temporarily suspend the purchase or sale of the related
Digital Currencies without advance notice to you while we determine in our sole discretion
which Forked Networks to support. You further agree and understand that we may determine,
in our sole discretion, to not support a Forked Network and that you have no right, claim, or
other privilege to any new or derivative Digital Currencies arising from any unsupported
Forked Network. With respect to such Digital Currencies, you understand that we may, in our
sole discretion, determine the approach to such Digital Currency, which approach may include
abandoning or otherwise electing not to support such Digital Currency as part of the SoFi
Crypto Platform. You further agree and understand that we are unlikely to support most Forked
Networks and that the Digital Currencies of most Forked Networks will likely not be made
available to you. You understand that the supply of Digital Currency available to us to make
available as part of the SoFi Crypto Platform and our ability to deliver Digital Currency
resulting from a forked network may depend on third-party providers outside of our control.

VIII. Account Statements

During each “Statement Period,” which shall occur not less than annually , SoFi Crypto
will electronically post to your Account, an Account Statement which will reflect all
transaction activity in your SoFi Crypto Account during the preceding Statement Period. In
the event there has been no activity in the last year, no Account Statement will be delivered.
All SoFi Crypto Customers will receive at least one Account Statement regardless of activity
level. You may view your Account Statement by logging into your Account online.

SoFi Crypto reserves the right to change the time period covered by Account
Statements at its discretion. In the event your Account has no Digital Currencies, money
balances, or activity in a given Statement Period, you will not receive an Account Statement
for such period.

You agree to promptly review all Account Statements and notify SoFi Crypto within
ten (10) Business Days after receipt of any Account Statement that you believe contains any
error or unauthorized transaction or transfer, otherwise you will be deemed to have accepted
the accuracy of the Account Statement.

15
You may contact SoFi Crypto at any time to ask questions about an account error,
report an unauthorized transaction or suspicious activity, or request documents regarding your
Account. SoFi Crypto can be reached by email at cryptosupport@sofi.com or by phone at
(855) 456-7634.

Written information requests and reports relating to account errors, unauthorized


transactions, account breaches or suspicious activity should include the following information:

(i) Your full name and Account number (if any);

(ii) A clear description of the account error, unauthorized transaction, or suspicious


activity;

(iii) A description of any information or documents needed and an explanation for


the request; and

(iv) If applicable, the dollar amount of any suspected error.

If you notify us orally, we may require that you send us written confirmation of details
of the incident within ten (10) Business Days.

IX. Responsibility to Safeguard Your Account

It is your responsibility to review all Account Statements and any notices from SoFi
Crypto promptly upon receipt. You understand and agree that for the purposes of review and
acknowledgement, you agree to be deemed to have reviewed your transaction history and all
notices on at least a monthly basis. If you are unable to do so it is your responsibility to notify
us immediately.

You should contact SoFi Crypto immediately if you have any questions or concerns
about the activity reflected on your Account Statement. We strongly encourage you to log into
your Account regularly to review your transaction activity and immediately alert us about any
transactions you don’t recognize.

You agree that it is your responsibility to take reasonable steps to protect the security
of your Account. You are solely responsible for keeping your Account numbers and PINs
confidential. “PINs” shall mean your username and password. You agree and accept full
responsibility for monitoring and safeguarding your Account and access to your Account. The
use and storage of any information including, without limitation, your Account numbers, PINs,
portfolio information, transaction activity, account balances and any other information or
orders available on your wireless, web-enabled cellular telephone or similar wireless
communications device, or your personal computer is at your own risk and is your sole
responsibility. You represent that you are solely responsible for and have authorized any orders
or instructions appearing in, originating from, or associated with your Account, your Account
number, and PINs. You agree to indemnify and hold us and our parent company and affiliates
harmless from and against any losses arising out of or relating to any unauthorized use.

You agree to immediately notify us by email at cryptosupport@sofi.com or by phone


at (855) 456-7634, if you become aware of: (i) any loss, theft, or unauthorized use of your

16
login credentials, including your PINs, account numbers; (ii) any failure by you to receive any
communication from us indicating that an order was received, executed or cancelled, as
applicable; (iii) any failure by you to receive an accurate written confirmation of an execution;
(iv) any receipt by you of confirmation of an order, execution or cancellation, which you did
not place or any potential fraudulent event; (v) any inaccurate information in or relating to
your Account balances, or transaction history; or (vi) any other unauthorized use or access of
your Account.

Upon request by us, you agree to report any potential fraudulent event promptly to legal
authorities and provide us a copy of any report prepared by such legal authorities. You agree
to cooperate fully with the legal authorities, SoFi Third-Party Partners and us in any
investigation of any potential fraudulent event and agree to complete any required affidavits
promptly, accurately and thoroughly. You also agree to allow us as well as our SoFi Crypto
Third-Party Partners, access to your mobile device, your computer, and your network in
connection with the investigation of any potential fraudulent event. You understand that if you
fail to do any of these things you may encounter delays in regaining access to your Account.
You agree to indemnify and hold us, our SoFi Crypto Third-Party Partners and our affiliates
harmless from and against any losses arising out of or relating to any unauthorized use.

X. Termination and Suspension

We may terminate this Agreement, or close, suspend, deactivate or block access to you
or your Account (or any Account features) at any time and at our sole discretion. This
Agreement survives termination of your Account. You will remain liable to us for all
obligations incurred in your Account or otherwise, whether arising before or after termination.
You may terminate this Agreement and close your Account at any time after paying in full any
obligations owed hereunder.

Account Restriction, Suspension or Closure

a. Account Suspension. In addition, SoFi Crypto may in our sole discretion,


and at any time, prohibit or restrict the trading of Digital Currency in your SoFi Crypto
Account. If at any time SoFi Securities believes that your Account is being used or managed
in a manner inconsistent with the terms of this Agreement, including Account activity in
violation of law or any SoFi Securities policies and procedures, or if we identify suspicious,
irregular, unauthorized, fraudulent or illegal activity, we may, in our sole discretion, take any
action we believe appropriate, including without limitation, suspending access to certain
Account features, or suspending or freezing your Account entirely (and any other accounts you
maintain with us or our affiliates, including your SoFi Securities Account), until such time as
we are able to complete our review and investigation of the Account activity and decide to lift
any Account restrictions or close the Account. Where permissible, we may, in our sole
discretion, provide advance notice to you before suspending Account features or suspending
or freezing your Account. We may post notice of any such action to your Account, or provide
notice by mail, email, telephone, or by other means. We will not provide advance notice to you
if prohibited by law or regulation from doing so, or where we believe that providing such notice
could result in a security or other risk to us or any third-party.
b. AccountClosing.
i. SoFi Crypto may close your Account at any time if: (i) you fail to
provide requested identification materials at the time you open your

17
Account; (ii) we determine in our sole discretion that your Account
activity is inconsistent with applicable law or the terms of this
Agreement, including any SoFi Crypto policies and procedures; or (iii)
SoFi Crypto believes that your Account is subject to, or being used to
facilitate, suspicious, irregular, unauthorized, fraudulent or illegal
activity.
ii. You may close your Account at any time by emailing SoFi Crypto
Customer Service at cryptosupport@sofi.com. Before closing your
Account, you agree that SoFi Crypto may debit the Account for any
unpaid fees or other amounts due in connection with your Account.
You are responsible for satisfying all amounts due on your Account,
including any negative balance outstanding after all pending
transactions have been posted, or any other unpaid deficiency in your
Account, as well as any costs incurred by SoFi Crypto, including legal
fees, arbitration costs or collection costs, in collecting any amounts
owed by you. In the event there are insufficient funds in your Account
to pay these amounts in full, you agree to reimburse SoFi Crypto for
such amounts upon demand.
c. Account Closing Considerations. Please note that you may not immediately close
your Account under certain circumstances. For example:

i. If your Account has a negative balance;

ii. If your Account is subject to a hold, lien, or other restriction;

iii. If SoFi Crypto has reason to believe that the Account is being closed
to evade an investigation or legal process (for example in
connection with a disputed transaction or third‐party claim); or

iv. If you attempt to close your Account while we are conducting an


investigation, we may freeze your Digital Currency and/or cash for
up to 180 days to protect SoFi Crypto. You will remain liable for
all obligations related to your account even after the Account is
closed.

d. Closing an account will not affect any rights or obligations incurred prior to the
date of account closure. If there is any Digital Currency remaining in your
Account, you authorize SoFi Crypto to liquidate any remaining Digital
Currency at the then prevailing market price, and to transfer the net proceeds
plus any cash to your SoFi Securities Account (less any applicable fees, costs,
expenses, charges, obligations, including, but not limited to, attorney’s and
court fees). In the event that the costs of closing your Account exceed the value
in your Account, you acknowledge that you remain responsible for reimbursing
SoFi Crypto for any costs not recovered from your Account.

XI. Compliance with Laws

We agree to perform all services with respect to your Account using reasonable care,

18
good faith and in compliance with all applicable federal, state and local laws, rules and
regulations. You are to use your Account solely for transactions that comply with all applicable
laws and regulations, and you agree not to use your Account or your relationship to SoFi
Crypto to process transactions that are prohibited by law.

XII. Restrictions on Trading

You understand that we may execute all orders by you unless you specifically instruct
us to the contrary. In the event of a breach or default by you under this Agreement, we shall
have all rights and remedies available to a secured creditor under all applicable laws and in
addition to the rights and remedies provided herein. You understand that we may at any time,
at our sole discretion and without prior notice to you prohibit or restrict your access to the use
of the SoFi Crypto Platform or related services and your ability to trade, we may refuse to
accept any of your transactions, we may refuse to execute any of your transactions, and/or we
may terminate your Account. The closing of your Account will not affect the rights and/or
obligations of either party incurred prior to the date your Account is closed. Further, we will
not tolerate any foul or abusive language, physical violence, threatening behavior, or other
inappropriate conduct directed toward our officers, employees, contractors or customers. If
you engage in any such behavior, as determined by us at our sole discretion, you agree that we
are authorized to terminate your account. We will not be responsible for any losses caused by
the liquidation of Digital Currency, cash or other property pursuant to this paragraph, including
but not limited to any tax liabilities.

XIII. Electronic Signature, Electronic Delivery of Trade and Account Information


Notice

You agree to transact business with us electronically. By electronically signing an


Account Application, you acknowledge and agree that such electronic signature is valid
evidence of your consent to be legally bound by this Agreement and such subsequent terms as
may govern the use of our services.

Your Consent to Receive Electronic Disclosures

By consenting to this Agreement, you consent to electronic delivery by SoFi Crypto of:
(i) all Disclosures required or permitted by law or regulation to be delivered to you by SoFi Crypto
relating to your Account; (ii) notices regarding the resolution of any unauthorized transaction,
account error or other disputed matter hereunder; and (iii) any other information we may elect to
deliver to you from time to time in accordance with this Agreement.

By agreeing to the terms of this Agreement, you also consent to electronic delivery of
Disclosures, notices or other information by any of the following means:

● By posting such information to your Account on the SoFi Website or SoFi


Mobile App;

● Text message or SMS at the mobile phone number associated with the Account
(which may include a link to the information on the SoFi Website or SoFi Mobile App);

● Electronically by email to the email address associated with the Account; and

19
● Electronically by email with a hyperlink to the SoFi Website or other website
where the information is posted.

Please note that you are responsible for promptly updating your Account information
to reflect any changes to your current email and mailing addresses, phone numbers and other
important contact information.

The delivery of information by any of the means described above shall be conclusive
if not objected to in writing by you within thirty (30) days after transmission.

Your Right to Revoke Consent

By consenting to the terms of this Agreement, you acknowledge that your Account is
entirely internet based and is not designed to include the option to request paper delivery of
Account Agreements, Disclosures, Account Statements, and other documents, all of which will
be delivered electronically. If you do not wish to receive electronic delivery of your documents,
SoFi Crypto will not open your Account, and, if you determine after your Account has been
opened that you do not wish to receive electronic deliveries, please note that SoFi Crypto will
close your Account and return the remaining balance to your SoFi Securities Account. Your
consent to receive electronic Disclosures will remain in effect until revoked. You may at any
time revoke your consent to receive electronic deliveries by sending written notice to SoFi
Crypto by email to cryptosupport@sofi.com or by phone at (855) 456-7634.

Telephone Calls to You

Notwithstanding any current or prior election to opt in or opt out of receiving


telemarketing calls or SMS messages (including text messages) from SoFi affiliates, or their
agents, representatives, or affiliates or anyone calling on their behalf, you expressly consent to
be contacted by SoFi Crypto, our agents, representatives, affiliates, or anyone calling on our
behalf for any and all purposes arising out of or relating to your Account, at any telephone
number, or physical or email or electronic address you provide or at which you may be reached.
Telephone numbers you provide include those you give to us, those from which you or others
contact us with regard to your Account, or which we obtain through other means. You agree
we may contact you in any way, including SMS messages (including text messages), calls
using prerecorded messages or artificial voice, and calls and messages delivered using
automatic telephone dialing systems (auto-dialer) or an automatic texting system. Automated
messages may be played when the telephone is answered, whether by you or someone else. In
the event that an agent or representative calls, he/she may also leave a message on your
answering machine, voice mail, or send one via text. You consent to receive SMS messages
(including text messages), calls and messages (including prerecorded and artificial voice and
autodialed), e-mails or other communications from SoFi Crypto, our agents, representatives,
affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or
numbers we can reasonably associate with your loan (through skip-trace, caller ID capture or
other means), with information or questions about your Account.

You certify, warrant and represent that the telephone numbers that you have provided
to us are your contact numbers. You represent that you are permitted to receive calls at each
of the telephone numbers you have provided to us. You agree to promptly alert us whenever

20
you stop using a particular telephone number. SoFi Crypto, our agents, representatives,
affiliates and anyone calling on our behalf may use such means of communication described
in this section even if you will incur costs to receive such phone messages, text messages, e-
mails, or other communications.

You agree that SoFi Crypto, our agents, representatives, affiliates or anyone calling on
our behalf may contact you on a recorded line.

XIV. Business Continuity Plan

If an event occurs which interrupts our ability to provide you with continuous access
to your Account and related services, SoFi Crypto has developed a business continuity plan
designed to reduce the customer impact caused by a disruption in service or Account access.
In order to help you better understand the contingency plan and our commitment to help you
maintain continuous Account access, please see the SoFi Business Continuity Policy, which is
available at https://www.sofi.com/legal.

XV. Intellectual Property and Privacy

SoFi Websites and Intellectual Property

All content on or available through the SoFi Crypto Platform, is the proprietary
property of SoFi, its affiliates, and its/their licensees. “SoFi Crypto” is the marketing name for
the SoFi Crypto Account, related products, and services offered to SoFi Crypto Customers.

You may only use the SoFi Crypto Platform, and the associated content, for legitimate
purposes in connection with your Account. You may not copy, imitate, modify, distribute,
frame, reproduce, republish, create derivative works from, download, display, perform, post,
transmit, transfer, license, sell or otherwise use such content without the prior written consent
of SoFi or SoFi Crypto.

Exclusion of Warranties

THE SOFI CRYPTO PLATFORM AND THE RELATED SOFTWARE, SYSTEMS


AND ANCILLARY DOCUMENTATION ARE PROVIDED “AS IS” AND ON AN “AS
AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY, AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
APPLICABLE LAWS AND REGULATIONS. WE DO NOT GUARANTEE CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE SOFI CRYPTO
PLATFORM, AND OPERATION OF THE SOFI CRYPTO PLATFORM MAY BE
INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. IN NO
EVENT WILL WE OR ANY THIRD-PARTY BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN
OR YOUR USE OF THE SOFI CRYPTO PLATFORM. SOME STATES DO NOT ALLOW
THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING

21
DISCLAIMERS MAY NOT APPLY TO YOU.

Privacy and Monitoring of Account

We take security of your sensitive information seriously. We maintain administrative,


technical and physical safeguards designed to protect your information. In order to help you
better understand our commitment to maintaining your privacy, as well as our use and
disclosure of your information, please review our Privacy Policy.

You acknowledge and agree that we may monitor and record your use of our websites
and mobile applications and any communications between you and SoFi Crypto, whether via
the internet, telephone, mail, or any wireless network, and that we may use any information
collected for internal purposes or, as may be permitted or required by applicable law. For the
parties’ mutual protection, you also understand, agree and expressly consent to our electronic
recordation of any of your telephone conversations with us and to our monitoring of your
electronic communications with us, including but not limited to email and facsimile
transmission. Any such monitoring and recording will be conducted in a manner which is
consistent with our Privacy Policy.

Permitted Disclosures

• You understand and agree that in connection with implementing the


transactions contemplated hereby, SoFi Crypto may disclose information
about your Account and your Account activity to Apex Clearing and such
other SoFi Crypto Third-Party Partners as appropriate. In addition, we may
disclose information about your Account and your Account activities to
certain third-parties under the following circumstances:

• As necessary to implement orders, transfers or other Account transactions


initiated by you;

• To investigate any complaint, disputed transaction, transaction inquiry or


request you make or as necessary to investigate potential fraud or misuse
related to your Account;

• To respond to third-party requests from credit bureaus, creditors or other


third-parties for account-related information, to the extent such inquiries are
necessary for processing your transactions or are usual and customary in the
course of servicing similar accounts;

• As necessary to comply with any law, government or court order, or


subpoena; and/or

• In accordance with your written permission or as otherwise permitted under


our Privacy Policy.

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Referral Policy

From time to time, and consistent with the terms of the SoFi Privacy Policy, SoFi
Crypto may provide your contact information to other SoFi affiliates in connection with the
marketing of certain products or services. In the event SoFi Crypto provides your information
to its affiliates, you may receive solicitation materials from such affiliates and SoFi Crypto (or
its employees or representatives) may receive financial or other benefits for such referrals. You
may at any time exercise your right to opt out of receiving such marketing materials by
following the procedure described in the SoFi Privacy Policy.

XVI. Oral Authorization

You agree that we shall be entitled to act upon any oral instructions given by you so
long as we reasonably believe such instruction was actually given by you or your authorized
agent.

XVII. Use of Market Data

We may, but are not required to, convey to you whether by telephone, electronic or
other means, the latest sale transaction data and other information relating to Digital Currency
markets (collectively referred to in this section as “Market Data”).

We obtain Market Data from exchanges and markets and from third-parties that
transmit market data (collectively referred to in this section as the “Market Data Providers”).
All Market Data is protected by copyright laws. We provide Market Data for your personal
noncommercial use. You may not sell, market or distribute it in any way, unless you have
entered into written agreements with the appropriate Market Data Providers.

We receive the Market Data from industry sources that are believed to be reliable.
However, the accuracy, completeness, timeliness or correct sequencing of the Market Data
cannot be guaranteed either by us or by the Market Data Providers. Neither we nor the Market
Data Providers will be liable for interruptions in the availability of Market Data or your access
to Market Data.

The Market Data is provided “as is” and on an “as available” basis. There are no
warranties of any kind, express or implied, regarding the Market Data. We are not responsible
for, and you agree not to hold us liable for, lost profits, trading losses or other damages
resulting from inaccurate, defective or unavailable Market Data. In any case, our liability
arising from any legal claim (whether in contract, tort or otherwise) relating to the Market Data
will not exceed the amount you have paid for use of the services or Market Data.

XVIII.Indemnification; Limitation of Liability

Indemnification

Except as otherwise provided by law, SoFi Crypto, SoFi Securities any SoFi affiliate,
or any SoFi Crypto Third-Party or their respective partners, managing directors, officers,
directors, employees and agents shall not be liable for any expenses, losses, damages,
liabilities, demands, charges, claims, penalties, fines and excise taxes of any kind or nature

23
(including legal expenses and reasonable attorneys’ fees) by or with respect to any matters
pertaining to you or your Account, except to the extent that such losses are actual losses and
are determined by a court of competent jurisdiction or an arbitration panel in a final non-
appealable judgment or order to have resulted solely from the gross negligence or willful
misconduct of SoFi Crypto, or any SoFi affiliate. In addition, you agree that none of SoFi
Crypto, SoFi Securities, any SoFi affiliate, or any SoFi Crypto Third-Party or any of their
respective partners, managing directors, officers, directors, employees and agents
(collectively, the “Indemnified Parties”) shall have any liability for, and you agree to
indemnify, defend and hold harmless the Indemnified Parties from, all losses, including legal
costs, that result from: (i) any misrepresentations or alleged misrepresentations by you, any
failure by you to comply with any undertakings or obligations required hereunder, or any acts
or omissions by you; (ii) the Indemnified Parties following your or your agent’s directions or
failing to follow your or your agent’s unlawful or unreasonable directions; or (iii) the failure
by any person not controlled by the Indemnified Parties and their affiliates to perform any
obligations to you.

You also agree that the Indemnified Parties will, except as required by applicable law,
regulation, have no responsibility or liability to you in connection with the performance or
non-performance by any Digital Currency Platform or other third-party (including, without
limitation, any banks) or any of their respective agents or affiliates, of its or their obligations
relative to any your Account. You agree that the Indemnified Parties will have no liability, to
you or to third-parties, or responsibility whatsoever for: (i) any losses resulting from a cause
over which the Indemnified Parties do not have direct control, including but not limited to the
failure of mechanical equipment, unauthorized access, theft, operator errors, government
restrictions, force majeure, exchange rulings or suspension of trading; and (ii) any special,
indirect, incidental, consequential, punitive or exemplary damages (including lost profits,
trading losses and damages) that you may incur in connection with your use of the brokerage
and other services provided by the Indemnified Parties under this Agreement. Further, if you
authorize or allow third-parties to gain access to the SoFi Crypto Platform, including your
Accounts, you will defend and indemnify SoFi Crypto against any losses arising out of claims
or suits by such third-parties based upon or relating to such access and use. SoFi Crypto does
not warrant against loss of use or any direct, indirect or consequential damages or losses to
you caused by you or your assent, expressed or implied, to a third-party accessing your
Account or information, including access provided through any other third-party systems or
sites.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, YOUR


ACCESS TO, OR ABILITY TO USE, THE SOFI CRYPTO PLATFORM AND YOUR
ACCOUNT MAY BE DELAYED, INTERRUPTED OR DISRUPTED DUE TO
CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT
LIMITED TO, THE INTERRUPTION, DISRUPTION OR FAILURE OF ANY
ELECTRONIC SYSTEM MAINTAINED OR MANAGED BY US OR A THIRD-PARTY
WHICH IS USED TO FACILITATE A TRANSACTION, OR ANY INTERRUPTION,
DISRUPTION OR FAILURE OF THE SOFTWARE OR INTERNET BASED
ARCHITECTURE USED TO PROVIDE ACCESS AND FUNCTIONALITY TO YOUR
ACCOUNT, ANY ACCOUNT SERVICES OR ANY PART OF THE SOFI CRYPTO

24
PLATFORM, WHETHER CAUSED BY STRIKES, POWER FAILURES, ACTS OF GOD,
CATASTROPHE, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION,
SOFTWARE FAILURE, CYBERSECURITY EVENTS, MALWARE OR OTHER
REASONS. IN NO SUCH EVENT SHALL SOFI CRYPTO, SOFI CRYPTO THIRD-
PARTY PARTNERS, THEIR AFFILIATES AND ANY OF THEIR EMPLOYEES,
OFFICERS, DIRECTORS OR CONTRACTORS BE LIABLE FOR ANY CLAIM ARISING
FROM OR RELATED TO LOSSES YOU MAY INCUR BECAUSE OF ANY SUCH
DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE.

Except where expressly prohibited by law, SoFi Crypto, any SoFi Crypto Third-Party
Partner and their respective affiliates, employees, officers, directors, agents and subcontractors
shall not be liable for any indirect, special or consequential damages arising out of or related
to this Agreement, including without limitation: (i) except as expressly provided for herein,
liability for negligence on the part of SoFi Crypto, any SoFi Crypto Third-Party Partner or
their respective affiliates, employees, officers and directors, agents, and contractors; (ii)
damages for lost profits, goodwill or other similar losses; (iii) any claim arising from the
installation, use or maintenance of the SoFi Crypto Platform, even if such damages were
reasonably foreseeable and notice was given regarding such damages; or (iv) any claim arising
from delay, interruption failure described in the preceding paragraph. Additionally, we will
not be liable to you for any loss, cost, or expense you incur, if, for instance:

• There are insufficient funds in your Account to complete a transaction;

• The funds or Digital Currency in your Account are subject to legal hold or
restriction or are otherwise not available for withdrawal;

• Access to your Account has been blocked after we have received information
regarding a fraud event, or suspicious Account activity; or

• We have reason to believe a requested transaction or withdrawal is


unauthorized or would violate the terms and conditions of this Agreement.

SoFi Crypto, any SoFi Crypto Third-Party Partner or their respective affiliates,
employees, officers, directors, agents, and contractors shall be liable only for actual proven
damages arising from their willful misconduct or grossly negligent failure to perform their
obligations hereunder, provided however that in no event shall any of the forgoing be liable
for losses or damages in excess of the amount of the transaction from which the claim arises.

THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND


THE ENTIRE LIABILITY OF SOFI CRYPTO, SOFI CRYPTO THIRD-PARTY
PARTNERS, AND THEIR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS,
AGENTS OR CONTRACTORS, IN CONNECTION WITH YOUR USE OF YOUR
ACCOUNT AND THE SOFI CRYPTO PLATFORM.

XIX. Bankruptcy; Insolvency; Incompetency; and Death

You agree to give prompt written notice to SoFi Crypto in the event of your bankruptcy
or insolvency. If you are a natural person, you agree that your guardian will give SoFi Crypto

25
written notice of your incompetency and that your estate will give SoFi Crypto written notice
of your death.

SoFi Crypto may, before or after receiving notice of any of the conditions described in
the preceding paragraph, commence any proceedings, require any documents, retain any
portion of, or restrict transactions in the Account or demand immediate repayment of any
amounts owed to SoFi Crypto as it deems advisable in its discretion to protect itself against
any potential tax, liability, penalty, expense or loss. The person subject to the condition will
be liable to SoFi Crypto for: (a) any tax, liability, penalty, expense or loss in the Account
resulting from the completion of transactions initiated prior to SoFi Crypto’s receipt of a
written notice of the condition; (b) any tax, liability, penalty, expense or loss incurred in the
liquidation of the Account; and (c) any other obligations owing with respect to the Account.

To the extent applicable to your Account, the unclaimed property law requires us to
turn over to the state of your last known address (as shown in our records) personal property
which is unclaimed by its owner for a set period of time. Personal property includes assets in
SoFi Crypto Customer Accounts (including your Account). In general, personal property is
considered unclaimed if you have not performed at least one of the following activities within
the period of time set by the state:

1. Made a transfer of cash to or from to the Account from your SoFi Securities
Account, or purchased or sold any Digital Currencies through your account;

2. Written or otherwise contacted us about your Account; or

3. Otherwise shown an activity in your Account.

Before we turn over the assets in your Account (if any), we will, as required by law,
send a notice to the address we currently show on your Account statement. You may recover
unclaimed property turned over to a state by contacting that state.

XX. Tax Reporting; Tax Withholding

The proceeds of all sale transactions will be reported to the Internal Revenue Service
in accordance with applicable law. Under penalties of perjury, you certify that the taxpayer
identification number and any Form W-9 that you have provided is correct. You will be
provided with a Form 1099 for all proceeds at year end.

XXI. Account Fees and Set-off Rights

Account Fees

You agree to pay to SoFi Crypto any service, processing, taxes or other fees applicable
to the transactions and services related to your Account. You acknowledge and agree that any
fees or taxes, including any third-party compensation we may receive with respect to any other
Account features, constitute reasonable compensation in light of the services we are providing.

SoFi Crypto reserves the right to debit your Account to cover amounts payable,
including fees, taxes and transfers. To the extent there is not sufficient cash to cover the amount

26
of such a debit, the proposed transaction will not be honored and/or any fees or taxes will
however be debited against the account balance, and any remaining unpaid portion of the fee
will show as a negative balance.

Set-Off Rights

You agree that, to the extent permitted by law, any securities, property, or funds held,
carried, or maintained by us, or in our possession or control, and the value of your interest in
any Digital Currency maintained on your behalf, will be subject to a first, perfected security
interest in and right to set-off against any other indebtedness held by SoFi Crypto, its affiliates
or agents. You agree that SoFi Crypto or any SoFi affiliate may act as agent for each other
with regard to funds or Digital Currency described herein (the “Collateral”). You agree that
SoFi Crypto and its affiliates may act upon each other’s orders or instructions with regard to
the Collateral and without your consent, including as to any entitlement orders, as defined in
the Uniform Commercial Code as in effect in the State of New York (the “UCC”), or other
instructions, including all notifications received directing it to transfer or redemption of any
Collateral.

We may rehypothecate any Digital Currency or funds held, carried, maintained, or in


our possession, or control. SoFi Crypto is authorized to take any action necessary to perfect or
maintain the perfection of a security interest held by it or an affiliate. You agree that any fees
or costs payable in connection with the perfection, maintenance, or termination of such security
interest may be charged to your Account.

You agree and understand that we have the right to set-off against: (i) negative U.S.
dollar balances in your Account, or any account you hold with a SoFi affiliate, by selling the
necessary amount of any Digital Currency from your Account at the prevailing market price;
(ii) negative Digital Currency balances in your Account by buying the necessary amount of
Digital Currency on your behalf at the prevailing market price to offset such negative balance
with the funds in your Account; and (iii) any and all debts owed to SoFi Crypto, or its affiliates,
through the sale of any Digital Currency or debit of any funds in your Account.

You further agree that if: (a) you breach or default on any of your obligations to SoFi
Crypto, or its affiliates under this Agreement or any other agreement, including any loan
agreement; (b) you become subject to any bankruptcy, insolvency, dissolution or any a similar
condition or proceeding; (c) you die or are declared incompetent; or (d) for any reason we, in
our discretion, deem it advisable for our protection (each, a “Close-Out Event”), SoFi Crypto
may, at any time and without notice or demand to you, without limitation: (A) sell, pledge,
transfer or otherwise dispose of any Digital Currency held in your Account; (B) cancel,
terminate, accelerate, liquidate and/or close out any or all agreements or transactions between
you and SoFi Crypto relating to your Account, and calculate damages in any manner we
believe appropriate; (C) apply the proceeds of the sale of any Digital Currency, or other assets
on deposit elsewhere with any of SoFi affiliate to set off and discharge any obligations you
have (whether or not then due) to SoFi Crypto or any SoFi affiliate; (D) cover any deficit
which occurs with respect to your Account (in such manner as we in our sole discretion deem
appropriate); or (E) take any other action as we in our discretion, deem appropriate with
respect to any of the foregoing; provided , that if applicable law would stay or otherwise impair
our ability to take any such action, we will be deemed to have taken such action with respect

27
to the cancellation, termination, acceleration, liquidation and/or close-out of transactions, and
the application of appropriate set-offs, to the extent permitted by applicable law.

You shall remain liable for any negative balance in your Account, and for any other
deficiency you have with respect to any other account you hold with any SoFi affiliate, and
you agree to indemnify and promptly reimburse us for any loss or expense incurred (or
expected to be incurred) thereby, including without limitation losses or expenses in enforcing
any lien or other remedies available to us. You agree to promptly notify us upon the occurrence
of any Close-Out Event. Your failure to provide such notice shall not prejudice our right to
determine that a Close-Out Event has occurred. In this regard, you appoint SoFi Crypto as your
agent and attorney-in-fact to exercise, in its sole discretion, all rights and to perform all
obligations that may be exercisable in relation to any Digital Currencies or other property that
are or were held in your Account. This Agreement does not entitle you to any set-off or
equivalent rights.

XXII. Arbitration

You and SoFi Crypto agree to attempt informal resolution of any dispute ar
in connection with this Agreement, your Account, or the services provided, prio
demand for adjudication of any kind, and to notify each other in writing of any s
dispute within thirty (30) days of when it arises. You and SoFi Crypto further ag
if we cannot resolve such dispute informally, such dispute shall be finally settle
binding arbitration, on an individual basis, in accordance with the American Arb
Association's rules for arbitration of consumer-related disputes, and you and So
Crypto hereby expressly waive trial by jury and right to participate in a class ac
lawsuit or class-wide arbitration. The arbitration hearing will occur in New York,
York, and will be conducted confidentially by a single, neutral arbitrator. You ag
bear your own attorney's fees, costs, and expenses. The arbitrator may award a
that a court of competent jurisdiction would award, including attorney’s fees wh
authorized by law, and the arbitral decision may be enforced in any court. Any d
between the parties will be governed by this Agreement, the law of the State of
and the applicable law of the United States, without giving effect to any conflict
principles. You and SoFi Crypto further agree that the state or federal courts in
York, New York have exclusive jurisdiction over any appeals of an arbitration aw
and over any suit between the parties not subject to arbitration. In the event th
prohibition on class arbitration, or any other provision of this section is deemed
or unenforceable, then you agree and understand that the remaining portions o
arbitration provisions in this section will remain in full force and effect.

You may reject this Arbitration Agreement by emailing a signed rejection n


to SoFi Crypto cryptosupport@sofi.com
at within thirty (30) days after the opening of
your account. Any rejection notice must include my name, address, e-mail addre
telephone number and account number.

If either you or SoFi Crypto elect to arbitrate a claim, neither you nor we s
have the right to participate in a class action, private attorney general action or
representative action in court or in arbitration, either as a class representative
member.

28
XXIII.Miscellaneous Provisions

Successors and Assigns

You agree that: (i) the terms of this Agreement shall inure to the benefit of SoFi Crypto,
its successors, and assigns, whether by merger, consolidation or otherwise; (ii) SoFi Crypto
may transfer the Account, this Agreement and any of its obligations hereunder to its successors
and assigns without further consent from you; and (iii) the terms of this Agreement shall be
binding upon your heirs, executors, administrators, successors and assigns.

You may not transfer your interest in your Account or rights under this Agreement
(including de facto transfer by giving a non-owner access to the Account using a password)
except with the prior written approval of SoFi Crypto, or through inheritance or similar
circumstance, as allowed by law, in which case any rights and obligations in existence at the
time will accrue to, and be binding on, your heirs, executors, administrators, successors or
assigns.

Governing Law

You agree that this Agreement and its enforcement shall be governed by the laws of
the State of New York, without reference to conflicts of law principles.

Severability

If any provision or condition of this Agreement is, or becomes inconsistent with any
applicable present or future law, regulation, or rule, or shall be held to be invalid or
unenforceable by a court, regulatory or self-regulatory agency or body: (i) such provision or
condition shall be deemed rescinded or appropriately modified; and (ii) all other provisions
and conditions of this Agreement shall remain in full force and effect.

Modifications

SoFi Crypto has the right to amend this Agreement at any time with advance notice in
writing. Any amendments will be effective on the date specified in the notice or as otherwise
described in this Agreement.

Compliance with Laws

We agree to perform all services with respect to your Account using reasonable care,
good faith, and in compliance with all applicable federal, state, and local laws, rules, and
regulations. You are to use your Account solely for transactions that comply with all applicable
laws and regulations, and you agree not to use your Account, or your relationship to SoFi
Crypto, to process transactions that are prohibited by law.

Force Majeure

SoFi Crypto shall not be liable for: (i) any inaccuracy, error or delay in, or omission of
any data, information or message, or the transmission or delivery of any data, information or
message, or any loss or damages arising from or occasioned by a “force majeure” event (i.e.,

29
loss caused directly or indirectly by flood, fire, war, terrorism, civil unrest, strikes, natural
disaster, extraordinary weather conditions, earthquake, or other acts of God, government
restrictions or actions, interruptions of communications, suspension of trading or other
conditions beyond the control of exchanges or other markets, or equipment or software
malfunction), or other events beyond the control of SoFi Crypto, including without limitation
any failure, default or delay in performance resulting from computer or other electronic or
mechanical equipment failure, unauthorized access, theft, operator errors, government
restrictions, exchange or market rulings or suspension of trading, strikes, failure of common
carrier or utility systems, severe weather or breakdown in communications not reasonably
within the control of SoFi Crypto or other causes commonly known as “Acts of God,” whether
or not any such cause was reasonably foreseeable; or (ii) general market conditions unrelated
to any violation of this Agreement by SoFi Crypto.

Entire Understanding

This Agreement, together with the SoFi Terms of Use, any Disclosures provided to
you, any other agreements you enter into with us relating to your Account or to particular
products or services, any procedures established by SoFi Crypto with respect to the use of your
Account, and the terms contained in your Account Statements, collectively contain the entire
understanding between you and SoFi Crypto concerning your Account. This Agreement is in
addition to (and in no way limits or restricts) any of the provisions of, or the rights which you
may have under, any other agreements between you and SoFi Crypto.

Counterparts

This Agreement may be accepted and agreed to electronically in any number of


counterparts by you, each of which will constitute an original, and all of which when taken
together, will constitute one and the same agreement.

XXIV.State Money Transmission License Disclosures

New York

For Customers residing in the State of New York, the following disclosures are deemed
incorporated into the Customer Agreement. Please read the following information carefully
before opening your Account or acquiring any virtual currencies:

Disclosure of Material Risks Pursuant to 23 NYCRR 200.19(a).

a. Virtual currency is not legal tender, is not backed by the government, and
accounts and value balances are not subject to protection through either the
Federal Deposit Insurance Corporation or the Securities Investor Protection
Corporation;

b. Legislative and regulatory changes or actions at the state, federal, or


international level may adversely affect the use, transfer, exchange, and value
of virtual currency;

30
c. Transactions in virtual currencies cannot be cancelled or reversed once placed,
and, accordingly, losses due to fraudulent or accidental transactions may not be
recoverable;

d. Some virtual currency transactions shall be deemed to be made when recorded


on a public ledger, which is not necessarily the date or time that the customer
initiates the transaction;

e. The value of virtual currency may be derived from the continued willingness of
market participants to exchange fiat currency for virtual currency, which may
result in the potential for permanent and total loss of value of a particular virtual
currency should the market for that virtual currency disappear;

f. There is no assurance that a person who accepts a virtual currency as payment


today will continue to do so in the future;

g. The volatility and unpredictability of the price of virtual currency relative to


fiat currency may result in significant loss over a short period of time;

h. The nature of virtual currency may lead to an increased risk of fraud or cyber-
attack;

i. The nature of virtual currency means that any technological difficulties


experienced by the licensee may prevent the access or use of your virtual
currency; and

j. Any bond or trust account maintained by us for your benefit may not be
sufficient to cover all losses incurred by you.

Disclosure of General Terms and Conditions Pursuant to 23 NYCRR


200.19(b).

a. It is your responsibility to take reasonable steps to protect the security of your


SoFi Crypto Account. You should store your log in credentials securely, and
not share that information with others. If someone improperly accesses your
SoFi Crypto Account, you will be solely responsible for any losses that occur.

b. Requests to cancel pre-authorized virtual currency orders must be received by


no later than the close of business on the Business Day immediately preceding
the date such order is to be executed. Cancellation may be effected online by
reviewing the scheduled activities in your online Account. Virtual currency
orders placed for same day execution are deemed final once you have
confirmed the terms of the order.

c. All disclosures to third-parties of your non-public personal information shall


only be made in accordance with the terms described in the SoFi Privacy Policy
(https://www.sofi.com/privacy-policy/) as applicable.

31
d. We will electronically post to your Account, not less than quarterly, a statement
describing all Account transaction activity during and all holdings at the ends
of the related statement period. In the event there has been no activity in the
most recent quarter, no statement will be delivered. All customers will receive
at least one Account statement regardless of activity level.

e. SoFi Digital Assets reserves the right to amend the terms of this Agreement at
any time by delivering written Disclosures to you describing any new Account
changes. You will be deemed to have received a Disclosure once we have
posted it to your Account, sent it by email or United States Postal Service to the
email or physical mailing address you have provided to us, or delivered it by
any other method described in this Agreement.

Disclosure of Transaction Terms Pursuant to 23 NYCRR 200.19(c).

Prior to executing instructions in connection with any virtual currency


transaction we will provide to you a statement confirming:

a. the amount of the transaction;

b. any fees, expenses, and charges borne by you, including if applicable,


any applicable exchange rates;

c. the type and nature of the virtual currency transaction;

d. a warning that once executed the transaction is irreversible and may not
be undone; and

e. any other disclosures as are customarily delivered in connection with


similar transactions.

Disclosure of Receipts Pursuant to 23 NYCRR 200.19(e).

Upon completion of any transaction, SoFi Digital Assets will deliver to each
customer a receipt containing the following information:

a. Contact information for SoFi Digital Assets, including a telephone


number established by us to answer questions and register complaints;

b. the type, value, date, and precise time of the transaction;

c. the fee charged;

d. the exchange rate, if applicable;

e. a statement of the liability of the licensee for non-delivery or delayed


delivery;

f. a statement of the SoFi Digital Assets refund policy; and

32
g. any additional information as required by law or regulation.

NOTICE: THIS AGREEMENT CONTAINS A PRE-DISPUTE ARBITRATION


CLAUSE

By acknowledgement below:

● You confirm the truth and accuracy of the information provided by you in the related
account application form.

● You confirm that you have read, understand, consent to, and agree to be bound by, the
terms and conditions of this Agreement.

● You confirm the truth and accuracy of each acknowledgement and representation made
by you in this Agreement.

● You acknowledge that this Agreement contains a pre-dispute arbitration clause

● You acknowledge receipt of the SoFi Privacy Policy.

33
EXHIBIT A

SOFI CRYPTO DISCLOSURE ON


RISKS ASSOCIATED WITH OF DIGITAL CURRENCIES

(A) Digital Currency trading can be very risky and is not appropriate for all investors.
Prior to engaging in Digital Currency trading, SoFi Crypto Customers should
educate themselves about the asset class and be comfortable that they understand
the Digital Currency market, its unique characteristics, and practices.

(B) The value of Digital Currency is derived solely by market forces of supply and
demand (i.e., the continued willingness of market participants to exchange cash or
fiat currency for Digital Currency. However Digital Currency is more volatile than
traditional equities or currencies. If investor demand for Digital Currency slows or
ceases, there could be a significant or complete loss of the value of your Digital
Currency.

(C) Since Digital Currency values can fluctuate substantially, which may result in a
total loss of the value of Digital Currency held on your behalf. As a result, when
speculating in Digital Currency, SoFi Crypto Customers should limit their trading
activity to funds that they can afford to lose entirely.

(D) Digital Currency trading can lead to large and immediate financial losses. The
volatility and unpredictability of the price of Digital Currency relative to fiat
currency may result in significant loss over a short period of time. Transactions in
Digital Currency may be irreversible, and, accordingly, losses due to fraudulent or
accidental transactions may not be recoverable. Under certain market conditions,
you may find it difficult or impossible to liquidate a position quickly at a reasonable
price. This can occur, for example, when the market for a particular Digital
Currency suddenly drops, or if trading is halted due to recent news events, unusual
trading activity, or changes in the underlying Digital Currency system. The greater
the volatility of a particular Digital Currency, the greater the likelihood that
problems may be encountered in executing a transaction. In addition to normal
market risks, you may experience losses due to one or more of the following:
system failures, hardware failures, software failures, network connectivity
disruptions, and data corruption. Several federal agencies have also published
advisory documents surrounding the risks of Digital Currency. For more
information see, the CFPB's Consumer Advisory, the CFTC's Customer Advisory,
and the SEC's Investor Alert.

(E) Digital Currencies are digital representations of value which can function as a
medium of exchange (i.e., Digital Currencies are sometimes exchanged for U.S.
dollars or other currencies around the world), a unit of account, or a store of value.
However, despite these uses, and the fact that their names may include the word
“coin,” they are not currencies or legal tender, and are not backed or supported by
any government or central bank. Therefore they do not have the same legal status
or protections as do U.S. Dollars, Euros, or other sovereign currency.

1
(F) To the extent any research materials or similar information is made available to you
through the SoFi Website, or any third-party website, you understand that these
materials are intended solely for informational and educational purposes and do not
constitute advice or a recommendation of any Digital Currency or trading strategy.

(G) Various jurisdictions in the U.S. and abroad are studying the Digital Currency
markets, in an effort to develop appropriate regulations. At any time, legislative
and regulatory changes, or any actions at the state, federal, or international level
may adversely affect the use, transfer, exchange, and value of Digital Currency.

(H) Purchasing Digital Currency comes with a number of risks, including volatile
market price swings or flash crashes, fraud, market manipulation, and cybersecurity
risks. In addition, Digital Currency markets and exchanges are not regulated with
the same controls or customer protections available in equity, option, futures, or
foreign exchange investing. There is no assurance that a person who purchases or
accepts a Digital Currency today will continue to do so in the future. Investors
should conduct extensive research into the legitimacy of each Digital Currency
before investing.

(I) The features, functions, characteristics, operation, use and other properties of a
specific Digital Currency may be complex, technical, or difficult to understand or
evaluate. Digital Currency may be vulnerable to attacks on its security, integrity,
or operation, including attacks using computing power sufficient to overwhelm the
normal operation of Digital Currency blockchain or other underlying technology.
Some Digital Currency transactions will be deemed to be made when recorded on
a public ledger, which is not necessarily the date or time that a transaction may
have been initiated.

(J) Digital Currency trading requires knowledge of Digital Currency markets. In


attempting to profit through Digital Currency trading, you compete with traders
worldwide. You should have appropriate knowledge and experience before
engaging in substantial Digital Currency trading. Any individual Digital Currency
may change or otherwise cease to operate as expected due to changes made to its
underlying technology, changes made using its underlying technology, or changes
resulting from an attack. These changes may include, without limitation, a “fork,”
a “rollback,” an “airdrop,” or a “bootstrap.” Such changes may dilute the value of
an existing Digital Currency position. SoFi Crypto retains the right to support or
not support any of these changes.

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