Coinbase India User Agreements

On this page

Not sure which one applies? See Section (Transitional Arrangements) of the Coinbase User Agreement (New Agreement).

This Agreement is a contract between you and Coinbase India Private Limited, a private company having a registered office address at Eldeco Centre, 02B-112-A/Block A, Shivalik Colony, Malviya Nagar (South Delhi), New Delhi, India, 110017, referred to as “Coinbase India”. References in this Agreement to “Coinbase India”, “we”, “our” or “us”, are to Coinbase India. References to “Coinbase” are to the Coinbase Group & its corporate affiliates including Deribit FZE, and Coinbase Inc. References to “you” or “your” are to the person with whom Coinbase India  enters into this Agreement.

By signing up to use an account through https://www.coinbase.com/en-in, or any of our associated websites, application programming interfaces (“APIs”), or mobile applications (collectively the “Site“), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, including our Communications Policy in Appendix 2, as well as our Privacy Policy, Cookie Policy and Prohibited Use Policy.

We refer to the Digital Asset Services, Digital Asset Derivatives Services and Additional Services (all defined below) and such other services that may be offered by Coinbase India from time to time, collectively, as the broker and reseller “Coinbase Services“. Coinbase India provides certain of the Coinbase Services (including the Digital Asset Exchange Service and, in part, the Custody Services described in Section 4A) as a non-exclusive distributor and reseller of exchange and infrastructure services sourced from Coinbase, Inc. (“CB Inc”). Notwithstanding the foregoing, Coinbase India is your broker for the purposes of executing your Orders, and the custodian of your Supported Digital Assets and Collateral, and Coinbase India is solely responsible and liable to you for the Coinbase Services in accordance with this Agreement, which can be accessed via the platform operated by Coinbase (the “Coinbase  Platform”) (including the online platform which is accessible via the Site or at such location as may be prescribed by Coinbase India from time to time). Each of the Coinbase Services is provided by Coinbase India as set out in clause 2 below. “Digital Asset” means any digital asset (including a virtual currency or virtual commodity or virtual digital asset) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network; and “Supported Digital Asset” means only those particular Digital Assets listed as available to trade or custody in your Digital Asset Wallet. Services and supported assets may vary by jurisdiction.

Amendment of this Agreement: We may make amendments to the Agreement (including in relation to any other Coinbase Services) by not providing you with  any prior notice of any material changes to be made. We will publish the revised Agreement (a “Revised Agreement”) on the Site or by providing a copy of it to you. The Revised Agreement shall, where lawful, be effective by being published on the Site or provided to you (unless we state otherwise) but will not apply retroactively.  Your continued use of the Coinbase Services after the posting or provision of a Revised Agreement constitutes your acceptance of such Revised Agreement.  If you do not agree with any such modification, you should close your Coinbase Account and cease using the Coinbase Services. You agree that any notification of amendments in the manner as aforesaid shall be sufficient notice to you, and your continued access and/or use of Coinbase Services and/or the Site shall constitute an affirmative acknowledgement by you of the amendments and shall be deemed to be your acceptance of the Revised Agreement.  Copies of the most up-to-date version of the Agreement will be made available in the Site at all times.

IMPORTANT NOTICE — TRANSITIONAL ARRANGEMENTS

This version of the Coinbase User Agreement (the “New Agreement“) becomes effective on the date that we will notify you by publishing the new agreement on the Site or otherwise communicating to you in accordance with Appendix 2 (Communications) (the “Default Effective Date“). Coinbase India may, however, bring this New Agreement into effect earlier than the Default Effective Date for specified categories of users (including existing users without Positions and/or new users who register on or after a date specified by Coinbase India), as further described in this Section (Transitional Arrangements). The date on which this New Agreement becomes effective for you is your “Effective Date“. Until your Effective Date, your relationship with Coinbase India continues to be governed by the previous version of the Coinbase User Agreement (the “Existing Agreement“), which is available here (or such other URL as Coinbase India may notify from time to time). Please read Section below (Transitional Arrangements) below for further details.

A. Transitional Arrangements

1. Effective Date. This New Agreement will become effective and operative on (the “Default Effective Date“), except where an earlier or later date applies to you under this Section. 

2. Earlier effectiveness for specified users. Coinbase India may, at its sole discretion, bring this New Agreement into effect before the Default Effective Date for any user or category of users that it specifies, without additional advance notice. Without limitation, this New Agreement applies to:

a. all users who register for a Coinbase Account on or after the Default Effective Date; and/or

b. any other user or category of users identified by Coinbase India.

c. If you have any balances and no positions in your coinbase account, Coinbase may in its sole discretion may migrate you early, i:e before default effective date, and this New Agreement will govern your relationship with Coinbase India and your use of the Coinbase Services in place of the Existing Agreement.

3. Deferral of the Effective Date. Coinbase India may, at its sole discretion, defer the default Effective Date without any advance notice or communications to you.

4. Existing Agreement remains in force until the Effective Date. Notwithstanding the publication of this New Agreement, up to (but excluding) your default Effective Date (the “Transitional Period“) the previous version of the Coinbase User Agreement (the Existing Agreement), which is available here, shall continue in full force and effect and shall govern the relationship between you and Coinbase India and your use of the Coinbase Services.

5. Notice of Change. By publishing this New Agreement on the Publication Date, Coinbase India is providing you with prior notice, in accordance with Section (Amendment of this Agreement) of the Existing Agreement, that the Existing Agreement will be replaced in its entirety by this New Agreement with effect from your Effective Date. Coinbase India at its sole discretion, may choose to notify existing customers of this change by email to the address associated with their Coinbase Account.

6. Acceptance by new customers. Any customer who registers for a Coinbase Account, or who first accepts the terms accessible via the URL https://www.coinbase.com/en-in/legal/user_agreement/india, during the Transitional Period shall be deemed to have:

a. where this New Agreement is not yet effective for them, accepted and agreed to be bound by the Existing Agreement with immediate effect (and the Existing Agreement shall govern their relationship with Coinbase India until their Effective Date), and accepted and agreed to be bound by this New Agreement with effect from their Effective Date, without the need for further action or acceptance on or after that date; or

b. where an Effective Date specified by Coinbase India applies to them (including by reason of registering on or after an Early Effective Date specified for new users), accepted and agreed to be bound by this New Agreement with immediate effect from that Early Effective Date, without the Existing Agreement applying to them.

7. Effect on and from the Effective Date. On and from your Effective Date:

this New Agreement shall come into full force and effect and shall replace and supersede the Existing Agreement in its entirety, save in respect of any rights, obligations or liabilities that accrued under the Existing Agreement prior to your Effective Date (which shall continue to be governed by the Existing Agreement); and

your continued access to or use of the Coinbase Services and/or the Site on or after your Effective Date shall constitute your acceptance of, and agreement to be bound by, this New Agreement.

8. Right to close your Account. If you do not agree to this New Agreement, you may at any time prior to your Effective Date close your Coinbase Account and cease using the Coinbase Services in accordance with Section (Suspension, Termination, and Cancellation) of the Existing Agreement.

9. Survival of this Section. This Section  shall cease to have effect on and from the Effective Date, save that paragraph (G)(1) (preservation of accrued rights and liabilities under the Existing Agreement) shall survive indefinitely.

DISPUTE RESOLUTION: PLEASE BE AWARE THAT SECTION 12  (CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION) OF THIS AGREEMENT, CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COINBASE AND COINBASE INDIA. PLEASE READ SECTION 12  CAREFULLY.

IMPORTANT NOTE: You should be aware that the risk of loss in trading or holding Digital Assets, or derivatives referencing Digital Assets, can be substantial. As with any asset, the value of Digital Assets and derivatives referencing them can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets and derivatives referencing them. Coinbase India Private Limited is registered with the Financial Intelligence Unit – India FIU-IND as a reporting entity bearing No. VA00061119. 

In relation to derivatives traded on the Deribit Exchange, Coinbase India may provide its services to you under this model: (i) the Derivatives Brokerage Services, under which Coinbase India acts as your broker and routes your Orders for execution on the Deribit Exchange in Coinbase India’s name; Coinbase is a registered reporting entity with FIU-IN (Virtual digital asset services vendor) and a member of a crypto derivatives exchange (the “Deribit Exchange”), operated by Deribit FZE, a virtual asset service provider licensed by the Dubai Virtual Asset Regulatory Authority (VARA) (the “Operator” of the Deribit Exchange).
You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition, and carefully consider whether trading or holding Digital Assets and derivatives referencing them is suitable for you.

To be eligible to use any of the Coinbase Services, you must be at least 18 years old and reside in a country in which the relevant Coinbase Services are accessible. There are certain features which may or may not be available to you depending on your location and other eligibility criteria.

1.1 Definitions. In this Agreement, alongside those terms defined within the text, the following terms have the meanings set out below:

For the avoidance of doubt, nothing in this definition limits the scope of any Secured Assets or Secured Obligations under Section 5.19 (Security Interest).

in each case as calculated by Coinbase India in accordance with the Deribit Exchange Documents and as notified to you via the Coinbase Platform. The manner in which Initial Margin is calculated and applied may vary depending on whether your Coinbase Account is configured for Segregated Standard Margin, Segregated Portfolio Margin, Cross Collateral Standard Margin or Cross Collateral Portfolio Margin, in each case as set out in Appendix 4 and the Deribit Exchange Documents. 

2.1. Digital Asset Services.

We shall be providing following Coinbase Services from time to time as a broker and reseller of such services, Coinbase India executes via CB Inc’s exchange infrastructure (the “Digital Asset Services”):
1. one or more hosted wallets enabling you to store, track, transfer, and manage Supported Digital Assets (the “Digital Asset Wallets“); In providing the Digital Asset Exchange Service, Coinbase India acts as a non-exclusive distributor and reseller of exchange execution infrastructure sourced from CB Inc, as further described in Section 2.1A and Section 4A (Custody Services). Notwithstanding the foregoing, as between Coinbase India and you, Coinbase India is your broker for the execution of purchases and sales of Supported Digital Assets, and is solely responsible and liable to you for the Digital Asset Exchange Service in accordance with this Agreement, and

2. Digital Asset exchange service enabling you to obtain prices for your purchases and sales of Supported Digital Assets, and (subject to certain restrictions) carry out any such purchases or sales on the Site (the “Digital Asset Exchange Service”).

2.1A — Digital Asset Exchange Service execution. The Digital Asset Exchange Service is provided by Coinbase India either via a ‘request for quote’ model, or by routing your orders to the exchange operated by CB Inc, subject to CB Inc’s applicable trading rules. This order routing may result in additional latency to fulfilment of your orders. CB Inc acts solely as a technology, liquidity and execution infrastructure provider to Coinbase India in this respect, is not a party to this Agreement, and has no direct contractual relationship with you.

2.2. Digital Asset Derivatives Services.

In addition, Coinbase India executes your Orders for Digital Asset derivatives as your broker and  provides customers with trading exposure through the Operator to Digital Asset derivatives transactions (“Digital Asset Derivatives Services“). These Digital Asset Derivatives Services may be made available to users that fulfill certain eligibility criteria.  You acknowledge that we do not provide investment, legal, or tax advice governing or in relation to the Digital Asset Derivatives Services.

2.3. Additional Coinbase Services.

In addition to the core services (i.e. the Digital Asset Services and the Digital Asset Derivatives Services), additional services (“Additional Services“) may be made available by Coinbase India (defined below) to users that fulfil certain eligibility criteria, including, without limitation, the Additional Services described in Appendix 3. You may also elect to hold Supported Digital Assets in “Coinbase Vault” as further described in Section 4.18. Unless otherwise noted, all references to Digital Asset Wallet include Coinbase Vault. You may also elect to use Coinbase Wallet (an unhosted wallet service).

2.4. Fees, Interest, Commissions and Charges.

You agree to be responsible for the payment of and pay all fees. A list of fees for Coinbase Services, including the Derivatives Brokerage Fees described in Section 5.2A, are fees of Coinbase India and are payable by you solely to Coinbase India. Derivatives Brokerage Fees may be collected on Coinbase India’s behalf by the Operator of the Deribit Exchange acting as Coinbase India’s collection agent, as described in Section 5.2A. A list of fees for Coinbase Services, as amended from time to time, can be found on the Coinbase Platform  at the ‘Pricing and Fees Disclosures’, which shall form part of this Agreement.

2.5. Payment.

You shall promptly pay all of Coinbase’s fees, interest, commissions and/or other charges at such rates and in such manner as Coinbase India may impose and stipulate from time to time with respect to the execution and/or performance of any Coinbase Services or otherwise for the maintenance of your Coinbase Account (as defined below) or the provision of any service to you or in connection with your Coinbase Account.

2.6. Variation of Fees.

Coinbase India reserves the right from time to time in its sole and absolute discretion and by notice to you to vary the rates of fees, interest, commissions and charges or impose other fees, interest, commissions and charges. Fees, interest, commissions and other charges may be quoted on request, posted on the Coinbase Platform or individually notified via email or other modes of communication as Coinbase in its sole and absolute discretion may deem fit. It is your responsibility to ensure that you are aware of current applicable fees, interest, commission, charges and rates.

2.7. Settlement.

All commissions, interest, fees, charges or other amounts owed by you to Coinbase may be settled by Coinbase India (including all Derivatives Brokerage Fees), may be settled by Coinbase India at its sole and absolute discretion on the day they fall due by debiting your Coinbase Account with the relevant amount payable by you. In the event that there are insufficient Digital Assets in your Coinbase Account, you acknowledge that any amount due and payable from you under this Agreement is a debt immediately due and owing by you to Coinbase India. You further acknowledge and agree that: (i) each Derivatives Brokerage Fee is a debt due and owing solely to Coinbase India; and (ii) collection of a Derivatives Brokerage Fee by the Operator of the Deribit Exchange (including by deduction from your account, Balance or positions on the Deribit Exchange) is made by the Operator for and on behalf of Coinbase India as its collection agent, and such collection discharges your payment obligation to Coinbase India in respect of that fee to the extent collected.

2.8. Interest.

Coinbase India shall be entitled at its sole and absolute discretion to charge interest on any amount due to Coinbase India from you to such rate and calculated and/or compounded in such manner as Coinbase India may impose and determine from time to time and to debit any Coinbase Account in respect of the interest due.

2.9. Deductions and Withholdings.

All amounts owed to Coinbase India shall be settled in such Digital Assets as solely determined by Coinbase India from time to time and shall be free of deduction or withholdings (if applicable). If you are required to effect such deductions or withholdings, then the amount due to Coinbase India shall be increased by such amount as shall result in Coinbase India receiving an amount equal to the amount Coinbase India should have received in the absence of such deduction or withholding.

2.10. Taxes.

Any applicable taxes, duties, disbursements, costs and/or other expenses incurred by Coinbase India in connection with providing the Digital Asset Derivatives Services to you or otherwise in connection with your Coinbase Account shall be fully reimbursed by you.

Tax Deduction by Coinbase India:

(a) Coinbase India will comply with the withholding tax requirements on the digital asset services and any additional services executed by you and shall withhold taxes in accordance with the provisions of the Income Tax Act, 2025 and any other applicable laws.

(b) User Tax Responsibility:You acknowledge and agree that it is solely your responsibility to determine, report, and fulfill any and all tax obligations that may arise from your use of the Coinbase’s wallet services, including but not limited to the transfer of digital assets to any wallet, whether such wallet is owned by you or by a third party. This includes compliance with all applicable tax laws, such as the Income Tax Act, 2025  and any other applicable laws, related regulations, including any requirements for withholding, deduction, or payment of taxes.

(c) Coinbase does not, and will not, withhold, deduct, or remit any taxes on your behalf in connection with any wallet transfers or other transactions except the spot trading transactions.  You are solely responsible for ensuring your compliance with all relevant tax laws and regulations in relation to your use of the exchange and its wallet services. If you are unsure about your tax obligations, you are strongly encouraged to seek advice from a qualified tax professional.

2.11. Repayment.

If for any reason Coinbase India cannot effect payment or repayment to you in a particular Digital Asset in which payment or repayment is due, Coinbase India may through Coinbase affect payment or repayment in an equivalent amount of any other Digital Assets selected by Coinbase India based on a rate of exchange solely determined by Coinbase India, acting reasonably, in respect thereof at the relevant time.

2.12. Set off.

Without prejudice to any right of set-off under this Agreement or applicable law, you acknowledge and agree that Coinbase India may set off all amounts of whatever nature, denominated in whatever Digital Asset or currency or otherwise and wherever arising which are due from you (or, where appropriate, from the relevant entity for whom you are acting) or to you (or, where appropriate, to the relevant entity for whom you are acting) in respect of the Coinbase Services provided to you through the Coinbase  Platform or otherwise. You acknowledge and agree that you (or, where appropriate, the entity for whom you are acting) will not be entitled to exercise any right of set-off or counterclaim against amounts due to Coinbase India

2.13. Coinbase Group.

For the purposes of this Agreement “Coinbase Group” means “Coinbase” including Deribit FZE, Coinbase Inc and Coinbase affiliates or group companies  in relation to Digital Asset Derivative services and Coinbase Inc. in relation to all other services and clauses, as applicable; excluding Coinbase India.

3.1 Registration of Coinbase Account.

To use the Coinbase Services, you will need to register for a Coinbase account (a “Coinbase Account“) by providing your details, including, but may not be limited to, your name, email address and a password, completing certain verification procedures, and accepting the terms of this Agreement. By using a Coinbase Account, you agree and represent that (a) you are a resident of India under Indian tax and exchange control laws, and will use the Coinbase Services only if you remain so b) you will use the applicable Coinbase Services only for yourself, and not on behalf of any third party and as such you are the legal and beneficial owner of this account.. You are fully responsible for all activity that occurs under your Coinbase Account. We may, in our sole discretion, refuse to open a Coinbase Account for you, or suspend or terminate any Coinbase Accounts (including but not limited to duplicate accounts) or suspend or terminate the trading of specific Digital Assets in your Coinbase Account or the sending of Digital Assets from your Coinbase Account. Please see Section 7 below for more information.

3.2. Consent to Access; Processing and Storage of your Personal Data & Identity Verification.

You agree to provide us with the information we request (which we may request during registration for your Coinbase Account or at any time deemed necessary) for the purposes of identity verification, providing the Coinbase Services to you (including the establishment of applicable limits), and the prevention and detection of money laundering, terrorist financing, fraud, or any other financial crime, including as set out in Appendix 1 (Verification Procedures and Limits) and permit us to keep a record of such information.

The information we request may include (but is not limited to) personal information such as your name, residential address, mobile number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, IFSC code, and account number), network status, customer type, customer role, billing type, mobile device identifiers (e.g. international mobile subscriber identity and international mobile equipment identity) and other subscriber status details, and any such information that Coinbase India is required to collect from time to time under applicable law.

You may also be required to undergo “Enhanced Due Diligence”, where Coinbase India may request that you submit additional information about yourself or your business, provide relevant records, and arrange for meetings with Coinbase staff so that Coinbase may, among other things, establish the source of your wealth and source of funds for any transactions carried out in the course of your use of Coinbase Services.

In providing us with this or any other information that may be required, you confirm that the information is true, accurate and complete, and you have not withheld any information that may influence Coinbase evaluation of you for the purposes of your registration for a Coinbase Account or the provision of Coinbase Services to you. You undertake to promptly notify in writing and provide Coinbase with information regarding any changes in circumstances that may cause any such information provided to become false, inaccurate or incomplete and also undertake to provide any other additional documents, records and information as may be required by Coinbase and/or applicable law. You permit us to keep records of such information.  We will treat this information in accordance with Section 13 (Data Protection).

You authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such enquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Coinbase Services and/or before permitting you to engage in transactions beyond certain volume limits.  We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Further, you authorise your wireless carrier to use or disclose  information about your account and your wireless device, if available, to Coinbase or its service provider for as long as you have a Coinbase Account, solely to help them identify you or your wireless device and to prevent fraud.

4.1. In General.

Your Digital Asset Wallet enables you to send Supported Digital Assets to, and request, receive, and store Supported Digital Assets from Digital Asset Wallets that are under your control, by giving instructions through the Site. Coinbase does not support the transfer and receipt of Supported Digital Assets from and to Digital Asset Wallets that are controlled by third parties. If you send Supported Digital Assets to an address owned or controlled by a third party (for example another individual’s self-hosted wallet or account at another exchange), this is a violation of these terms of service.

We recommend customers send a small amount of Supported Digital Assets as a test when sending to a Digital Asset Wallet under their control that is outside the Coinbase  Platform, before sending a significant amount of Supported Digital Assets outside the Coinbase  Platform. You may not be able to send Supported Digital Assets off the Coinbase Platform until the funds for the purchase of the Supported Digital Asset have settled to Coinbase India.The Digital Asset Exchange Service enables you to buy Supported Digital Assets on the Coinbase Platform using other types of Supported Digital Assets in your Digital Asset Wallet.Conversely, when you sell Supported Digital Assets on the Coinbase  Platform, you will receive other types of Supported Digital Assets in your Digital Asset Wallet, as selected by you when selling Supported Digital Assets. Coinbase India is your broker and reseller. Coinbase India executes your orders via CB Inc’s exchange infrastructure and provides the purchase and sale of Supported Digital Assets on the Coinbase  Platform. The Digital Asset Service enables you to buy Supported Digital Assets on the Coinbase India  Site using:
1. Central bank issued currency (such as INR ) if and as supported by Coinbase India; and/or
2. Other types of Supported Digital Assets in your Digital Asset Wallet.
3. Conversely, when you sell Supported Digital Assets on the Coinbase  Platform, you may elect to receive: a. Central bank issued currency (such as INR ) supported by Coinbase India; and/or b. Other types of Supported Digital Assets in your Digital Asset Wallet. The transactions described in this Section 4.1 are referred to in this Agreement as “Digital Asset Transactions”.

4.2. Fiat Currency Transactions

You may purchase Supported Digital Assets by linking a valid payment method to your Digital Asset Wallet. You authorise us to debit funds using your selected payment method(s) to complete your purchase.

Although we will attempt to deliver Supported Digital Assets to you as promptly as possible, funds may be debited from your selected payment method before the status of your Digital Asset Transaction is shown as complete, and the Supported Digital Asset is delivered to your Digital Asset Wallet. You may sell Supported Digital Assets in exchange for fiat currency (such as INR ) supported by Coinbase India . In such circumstances, you authorise us to debit your Digital Asset Wallet and to send instructions to credit your selected payment method(s) in settlement of sell transactions. We will send these instructions as soon as reasonably possible.

Any fiat currency should be credited to your selected payment method(s) by the end of the business day after we send such instructions.

For the aforesaid purpose, You hereby appoint Coinbase India as your duly authorized payment collection agent to whom the payment is due, and you agree and understand that Coinbase India does not operate a payment system.

4.3. Transaction Fulfillment.

We will make reasonable efforts to fulfil all purchases of Supported Digital Assets, but in some circumstances, Coinbase may be unable to. If this is the case, Coinbase will notify you and seek your approval to re-attempt the purchase at the current Exchange Rate (as defined below). We may adjust prices or cancel trades on the basis that the price traded is not representative of market value or the number of contracts traded is in error. Coinbase will make the final decision on whether a trade price is adjusted, cancelled or allowed to stand. In determining whether a trade has taken place at an unrepresentative price or at an erroneous contract number, certain factors will be taken into account.

They may include, but not be limited to:

A. current market conditions, including levels of activity and volatility;

B. time period between different quotes and between quoted and traded prices;

C. information regarding price movement in related contracts, the release of economic data or other relevant news;

D. manifest error;

E. whether there is any indication that the trade in question triggered stops or resulted in the execution of spread trades;

F. whether another market user or client relied on the price;

G. any other factor which Coinbase, in its sole discretion, may deem relevant.

4.4. Availability of Payment Methods

The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third party payment processors.

4.5. Conversion Fees.

Each purchase or sale of Supported Digital Assets is subject to a fee and, if applicable based on the service, a spread (a “Conversion Fee“). The applicable Conversion Fee will be displayed to you on the Site prior to each transaction and is stated in each receipt we issue to you. We may adjust our Conversion Fees at any time. We will not process a transaction if the Conversion Fee and any other associated fees would, together, exceed the value of your transaction. A full list of Coinbase ‘s fees and the way fees are calculated can be found on coinbase platform.

4.6. Exchange Rates

Each purchase or sale of Supported Digital Assets is also subject to the Exchange Rate for the given transaction. The “Exchange Rate” means the price of a given Supported Digital Asset in fiat currency, USDC (or such other stablecoin as Coinbase may wish to use for quotations, from time to time), as quoted on the Site. The Exchange Rate is stated either as a “Buy Price” or as a “Sell Price”, which is the price at which you may buy or sell Supported Digital Assets, respectively.

You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or ‘spread’ to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorise a transaction. You can learn more about Coinbase’s Exchange Rates on our ‘Exchange Fees’ page on the  coinbase platform. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and / or sell your Supported Digital Assets on the open market at any particular price or time.

4.7. Authorisations; Reversals; Cancellations.

By clicking the ‘Buy’ or ‘Sell’ button on the Site, you are authorising Coinbase to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion Fees and ‘Exchange Fees’ and any other fees.

You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your Digital Asset Wallets  have insufficient balance in the Supported Digital Asset that you wish to pay with, you authorise us, in our sole discretion, either to cancel the transaction or to debit other balances on your Digital Asset Wallets, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider. Coinbase India reserve the right to suspend access to any and all Coinbase Services until such insufficient payment is addressed.

4.8. Digital Asset Transactions.

Coinbase will process Digital Asset Transactions in accordance with the instructions Coinbase receives from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requestee or other third party and we will have no liability or responsibility for ensuring that the information you provide is accurate and complete.

Digital Asset Transactions cannot be reversed once they have been broadcast to the relevant Digital Asset network. If you initiate a Digital Asset Transaction by entering the recipient’s email address or mobile phone number and the recipient does not have an existing Coinbase Account, we will invite the recipient to open a Coinbase Account. If the recipient does not open a Coinbase Account within 30 days, we will return the relevant Supported Digital Asset to your Digital Asset Wallet.

We may charge network fees (miner fees) to process a Digital Asset Transaction on your behalf. We will calculate the network fees at our discretion, although we will always notify you of the network fees at (or before) the time you authorise the Digital Asset Transaction. A description of network fees can be found on our ‘Pricing and Fees Disclosures’ page on the Coinbase Platform. When you or a third party sends Digital Assets to a Coinbase Digital Asset Wallet from an external wallet not hosted on Coinbase (an “Inbound Transfer”), the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of network fees in order for the transaction to be completed successfully and ensuring that the Digital Asset being sent is a Supported Digital Asset that conforms to the particular wallet address to which funds are directed, including any additional address feature(s) for identifying a transaction recipient beyond a wallet address to the extent required by Coinbase or the Supported Digital Assets protocol to credit the Inbound Transfer to your Coinbase Account (e.g., a “Destination Tag/Memo”). Non-payment of network fees may cause your transaction to remain in a pending state outside of Coinbase India’s control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.

Once submitted to a Digital Asset network, a Digital Asset Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Asset network. A Digital Asset Transaction is not complete while it is in a pending state. Digital Assets associated with Digital Asset Transactions that are in a pending state will be designated accordingly and will not be included in your Digital Asset Wallet balance or be available to conduct Digital Asset Transactions until confirmed by the network. Once the Digital Asset Transaction has completed you will receive a trade execution report confirming the transfer and the fees incurred.

We may also refuse to process or cancel any pending Digital Asset Transaction as required by law, regulation or any court or other authority to which Coinbase is subject in any jurisdiction, for instance, if there is suspicion of money laundering, terrorist financing, breaches of international sanctions, fraud, or any other financial crime.

4.9. Supported Digital Assets.

Our Digital Asset Services are available only in connection with Supported Digital Assets. Under no circumstances should you attempt to use your Digital Asset Wallet to store, send, request, or receive Digital Assets in any form that we do not support. We assume no responsibility or liability in connection with any attempt to use your Digital Asset Wallet for Digital Assets that we do not support or with regard to a Supported Digital Asset sent to a wrong or  incompatible Digital Asset wallet address.  All such erroneously transmitted Digital Assets will be lost.  You acknowledge and agree that Coinbase India bears no responsibility and is not liable for any unsupported asset that is sent to a wallet associated with your Coinbase Account. If you send an unsupported Digital Asset to a wallet associated with your Coinbase Account, then you will lose that Digital Asset. For some lost Digital Assets, Coinbase may in its sole discretion offer you the option to attempt a recovery. We may charge fees to process the recovery attempt on your behalf. We will calculate all fees at our discretion, and notify you of the applicable fees at or before the time you authorize the recovery attempt. For more information, see our ‘Pricing and Fees Disclosures Page’ on the Coinbase Platform. The actual amount recovered may differ from the estimated recovery amount. Coinbase does not evaluate the authenticity, safety, or security of unsupported assets. You acknowledge and agree that Coinbase is not liable for any loss incurred during the recovery attempt or subsequent use of the recovered asset.

By initiating an Inbound Transfer, you attest that you are transacting in a Supported Digital Asset that conforms to the particular wallet address to which funds are directed. For example:
a. If you select an Ethereum wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Ethereum alone, and not any other Digital Asset such as Bitcoin or Ethereum Classic.
b. If you select a Bitcoin wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Bitcoin alone, and not any other Digital Asset such as Bitcoin Cash or Ethereum.
c. If you have any questions about which Digital Assets we currently support, please visit https://help.Coinbase.com.

4.10. Ending support of a Digital Asset.

Coinbase may in its sole discretion terminate support for any Digital Asset. Coinbase will, to the extent required by applicable law, provide you with the minimum period of advance notice required by applicable law or a regulatory authority via email to the email address associated with your Coinbase Account to announce the end of such support. If you do not sell or send such Digital Assets off the Coinbase Platform during this time, Coinbase reserves the right to withdraw such Digital Assets from your account and credit your Coinbase Account with the market value of a Supported Digital Asset or a fiat currency (which denomination will be selected in our reasonable discretion).

4.11. USDC Wallets

Where available, you may elect to buy USD Coin (“USDC”) from Coinbase , a Digital Asset issued by Circle Internet Financial (“Circle”) and supported by Coinbase . You are the owner of the balance of your “USDC Wallet”. Coinbase is not the issuer of USDC, does not hold reserves for USDC, and has no obligation to repurchase your USDC for USD. You can redeem your USDC with Circle, and Coinbase may also elect to repurchase your USDC in exchange for USD. You agree to be bound by the terms of the Circle USDC User Agreement (located at (https://www.circle.com/legal/usdc-terms), which provides additional obligations, undertakings, and limitations with respect to USDC.

4.12. Recurring Digital Asset Transactions.

If you set up a recurring purchase of a Supported Digital Asset (a “Future Transaction”), you authorise us to initiate recurring electronic payments in accordance with your selected Digital Asset Transaction and any corresponding payment accounts, such as direct debits from, or credits to, your linked bank account. This authorisation will remain in full force and effect until you change your Future Transaction settings or until you provide us with written notice via https://help.coinbase.com. Your Future Transactions will occur in identical, periodic installments, based on your period selection (e.g., daily, weekly, monthly), until either you or Coinbase cancels the Future Transaction.

If you select a bank account as your payment method for a Future Transaction, and such transaction falls on a weekend or public holiday in the location in which the relevant bank is located, or after the relevant bank’s business hours, the credit or debit will be executed on the next business day, although the Digital Asset fees at the time of the regularly-scheduled transaction will apply. If your bank is unable to process any payment to Coinbase, we will notify you of cancellation of the transaction and may avail ourselves of remedies set forth in this Agreement to recover any amount owed to Coinbase. You agree to notify Coinbase in writing of any changes in your linked bank account information prior to a Future Transaction.

4.13. Supplemental Protocols Excluded.

Unless specifically announced on the Site, or otherwise as set forth in this Agreement, Supported Digital Assets excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Asset. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as staking, protocol governance, and/or any smart contract functionality, which may supplement or interact with a Supported Digital Asset (collectively, “Supplemental Protocols”). Do not use your Coinbase Account to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such Supplemental Protocols, as the Coinbase  Platform is not configured to detect, secure, or process these transactions and functionalities. Any attempted transactions in such items will result in loss of the item.

You acknowledge and agree that other than as set forth in this Agreement, Supplemental Protocols are excluded from Supported Digital Assets and that Coinbase India or Coinbase has no liability for any losses related to Supplemental Protocols.

4.14. Operation of Digital Asset Protocols.

Coinbase does not own or control the underlying software protocols which govern the operation of Digital Assets. Generally, the underlying protocols are ‘open source’ and anyone can use, copy, modify, and distribute them.

We assume no responsibility for the operation of the underlying protocols and we do not guarantee the functionality or security of network operations. You acknowledge and accept the risk that underlying software protocols relating to any Digital Asset you store in your Digital Asset Wallet may change.

In particular, the underlying protocols are likely to be subject to sudden changes in operating rules (including “forks”). Any such operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Asset you store in your Digital Asset Wallet. Coinbase India or Coinbase does not control the timing and features of these operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by Coinbase India or Coinbase in determining whether to continue to transact in the affected Digital Asset using your Coinbase Account. In the event of any such operational change, Coinbase India and Coinbase reserves the right to take such steps as may be necessary to protect the security and safety of assets held on the Coinbase  Platform, including, without limitation, temporarily suspending operations for the involved Digital Asset(s), and other necessary steps; Coinbase India will use its best efforts to provide you notice of its response to any material operating change; however, such changes are outside of Coinbase India ’s or Coinbase control and may occur without notice to Coinbase India. Coinbase India’s  response to any material operating change is subject to its sole discretion and includes deciding not to support any new Digital Asset, fork, or other actions.

You acknowledge and accept the risks of operating changes to Digital Asset protocols and agree that Coinbase is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that Coinbase has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported Digital Assets or protocols. You further acknowledge and accept that Coinbase has no responsibility to support new Digital Asset forks or operating changes for Digital Assets.

4.15. Fungibility of Certain Digital Assets.

You acknowledge and agree that Coinbase may hold Supported Digital Assets in your Digital Asset Wallets in a variety of different ways, including across multiple blockchain protocols, such as layer two networks, alternative layer one networks, or side chains. In connection with its holding of Supported Digital Currencies in your Digital Asset Wallets, Coinbase may transfer such Digital Assets off of the primary blockchain protocol and hold such Digital Assets on shared blockchain addresses, controlled by Coinbase, on alternative blockchain protocols in forms compatible with such protocols. You agree that all forms of the same Digital Assets that are held and made available across multiple blockchain protocols may be treated as fungible and the equivalent of each other, without regard to (a) whether any form of such Digital Assets is wrapped or (b) the blockchain protocol on which any form of such Digital Assets is stored.

4.16. Digital Asset Storage & Transmission Delays.

Coinbase securely stores Digital Asset private keys, in a combination of online and offline storage. Our security protocols may delay the initiation or crediting of a Digital Asset Transaction.

4.17. Third party Payments.

We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or receive from, or sell or transfer to, any third party (including other users of the Digital Asset Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, any third party using Digital Assets transferred using the Digital Asset Services, or if you have a dispute with such a third party, you should resolve the dispute directly with that third party.

If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Coinbase India Support at: trust@coinbase.com so that we may consider what action to take, if any.

4.18. Coinbase Vaults.

Coinbase does not support the use of multisig vaults. You may elect to use other services, such as the Coinbase Vault, which allow you to set withdrawal time-delays and create other conditions around the custody and transfer of your Supported Digital Assets. Additional rules associated with such product(s) and service(s) may apply.

4.19. Custody of Supported Digital Assets is governed by Section 4A

4.20. Coinbase India may determine its response to a Distribution Event based on the instructions by Coinbase Group. “Distribution Event” shall mean an Air Drop, or some other issuance of rights, services or interests based on the holding of a Digital Asset or Margin, but shall not include any reward generated for on-chain staking from a proof of stake validation protocol. “Air Drop” means a distribution of a new token or tokens resulting from the ownership of a pre-existing token. These tokens are incremental units of the same or a new Digital Asset. The distributions are made as a result of holding a Digital Asset or  Margin without any action taken by the holder of such Digital Asset or Margin.

4 A. Custody Services 

4 A.1 Application; Defined Terms.This Section 4A sets out the terms on which Coinbase India provides custody services to you in respect of Supported Digital Assets and other assets that you transfer to, or that are credited to, your Coinbase Account (together, the “Custodied Assets”, and the services described in this Section 4A, the “Custody Services”). The Custody Services are separate from, but may be used in connection with, the Digital Asset Derivatives Services and the other Digital Asset Services. Where you also use the Digital Asset Derivatives Services, the additional provisions in Appendix 4, Section 10 and Section 5.19 (Security Interest) apply.

4 A.2 Appointment of Coinbase India as Custodian.You hereby appoint Coinbase India as custodian of the Custodied Assets, and Coinbase India accepts that appointment, on the terms of this Agreement. Coinbase India holds the Custodied Assets on your behalf as custodian and not as principal, save to the extent expressly stated otherwise in this Agreement (including in respect of the Security Interest under Section 5.19).

4 A.3 Account Access; Security.Your access to your Coinbase Account and your Digital Asset Wallet is subject to the eligibility, registration, authentication and security requirements set out in this Agreement (including Sections 3 and 14). You are responsible for protecting your credentials and for all activity that occurs under your Coinbase Account.
4 A. 4 Wallet Infrastructure; Use of Affiliates and Service Providers. You acknowledge and agree that Coinbase India does not operate its own wallet infrastructure and instead leverages the wallet infrastructure of Coinbase, Inc. (“CB Inc”) (and may use other third-party service providers) to operate the on-chain components of the Custody Services. Coinbase India remains the legal custodian of the Custodied Assets and is responsible to you for the performance of the Custody Services in accordance with this Agreement. CB Inc is not a party to this Agreement and has no direct contractual relationship with you in respect of the Custody Services.

4 A.5 Digital Asset Title. Custodied Assets are held by Coinbase India (and, where applicable, CB Inc acting under a custody operations or wallet-infrastructure arrangement with Coinbase India) on your behalf. You transfer legal title in the relevant Digital Asset to Coinbase India, but the beneficial ownership of the Custodied Assets remains with you at all times, except as provided in this Agreement (including the Security Interest under Section 5.19 and any allocation as Deribit Collateral or other Designated Sub-Pool). As a beneficial owner, you bear all risk of loss of value of Custodied Assets. No member of the Coinbase Group shall have any liability for fluctuations in fiat currency value. Except as required by a facially valid court order or government direction, or expressly permitted under this Agreement, Coinbase India will not sell, pledge, grant security in, transfer, loan, hypothecate, or otherwise alienate Custodied Assets without your instructions or unless required by applicable law.
4 A.6 Segregation; Omnibus Pools. In order to more securely hold Custodied Assets, Coinbase India and CB Inc may use shared (omnibus) blockchain addresses controlled by CB Inc to hold Custodied Assets. Your Custodied Assets will be: (a) segregated from Coinbase India’s and CB Inc’s own Digital Assets and funds by way of separate ledger accounting entries; and (b) where applicable, identified on Coinbase India’s books, and at any account maintained on the books of the Operator of the Deribit Exchange used in connection with the Digital Asset Derivatives Services, as client digital assets. Coinbase India is under no obligation to use different blockchain addresses to store Custodied Assets owned by different customers, save as required by applicable law

4 A.7 Instructions from you.Coinbase India will act on instructions properly given by you through the Coinbase Platform in respect of your Custodied Assets, including instructions to deposit, withdraw, transfer, designate, allocate or apply Custodied Assets, subject to this Agreement. Coinbase India may decline, delay or reverse any instruction in accordance with this Agreement (including Sections 9 and 14). You are solely responsible for the accuracy and completeness of any instruction. Coinbase India is entitled to assume the authenticity of any instruction received through your Coinbase Account and is under no obligation to verify it. 

4 A.8 Designation/delegation of Custodied Assets to support trading. Where you use the Digital Asset Derivatives Services, you may designate (or be deemed to designate) all or part of your Custodied Assets as Margin and/or Deribit Collateral. Such designation shall: (a) be reflected on the books of your Coinbase Account; (b) be notified to the Operator of the Deribit Exchange per the operational arrangements notified via the Coinbase Platform; (c) result in such Custodied Assets becoming part of the relevant Designated Sub-Pool under Section 5.19; and (d) restrict your ability to withdraw or deal with such Custodied Assets to the extent required to satisfy Margin Requirements or other Obligations.

4 A.9 Settlement of trading-related cash flows. Coinbase India will, in accordance with Appendix 4, Section 7 (Settlement), reflect in your Coinbase Account the daily and event-driven settlement of cash flows between you and the Operator of the Deribit Exchange, by way of book-entry between your account and the Operator’s settlement account on the Coinbase Platform. No on-chain movement of Custodied Assets is required to give effect to such settlement.

4 A.10 Margin Requirements. Margin Requirements applicable to your Derivative Contracts are determined by the Operator of the Deribit Exchange per the Deribit Exchange Documents and notified via the Coinbase Platform. Coinbase India is entitled and instructed to apply, lock, release or transfer Custodied Assets to and from your Coinbase Account to give effect to such Margin Requirements. You remain responsible for maintaining sufficient Custodied Assets to meet applicable Margin Requirements.

4 A.11 Security over Custodied Assets; first-priority security in favour of the Operator of the Deribit Exchange.The Custodied Assets are subject to the Security Interest granted under Section 5.19. Custodied Assets notified to you as allocated Deribit Collateral shall constitute a Designated Sub-Pool, over which the Operator of the Deribit Exchange has first-priority recourse in respect of Deribit Secured Obligations, ahead of any other Secured Party (including Coinbase India), per Section 5.19. Coinbase India holds the benefit of the Security Interest, and any enforcement proceeds, on trust for the Operator of the Deribit Exchange as Security Trustee, per Appendix 4, Section 10.

4 A.12 Withdrawals from Custody.You may at any time request to withdraw Custodied Assets, subject to: (a) the Security Interest, applicable Margin Requirements, and encumbrances over Designated Sub-Pools; (b) restrictions notified by the Operator of the Deribit Exchange; (c) Coinbase India’s operational, security and risk-management policies (incl. Travel Rule requirements); and (d) applicable law. Coinbase India may decline, delay, partially execute or condition any withdrawal to comply with this Section 4A or this Agreement.

4 A.13 Records; statements. Coinbase India will maintain books and records in respect of the Custodied Assets in accordance with applicable law and its internal policies, and will make available to you, via the Coinbase Platform, balance and transaction information relating to your Custodied Assets. 

4 A.14 Loss of access to Custodied Assets.Coinbase India is under no obligation to issue any replacement Digital Asset if any Digital Asset, password or private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible, save where the loss results directly from Coinbase India’s gross negligence, wilful default or fraud.

4 A.15 Your indemnity to Coinbase India in respect of the Custody Services.Without prejudice to Section 10.2 (Indemnification), you agree to indemnify Coinbase India against costs (incl. legal fees and regulatory fines/penalties) reasonably incurred in connection with claims arising out of: (a) your breach of this Section 4A; (b) any inaccurate or unauthorised instruction re: Custodied Assets; or (c) any third-party tax/regulatory claim re: Custodied Assets not attributable to Coinbase India’s gross negligence, wilful default or fraud.

4 A.16 Off-balance-sheet treatment.  Coinbase India holds Custodied Assets as custodian, not principal. Beneficial ownership remains with you at all times. Custodied Assets are intended to be held off Coinbase India’s balance sheet, segregated from its own assets, and: (a) shall not be commingled with Coinbase India’s own assets save as expressly permitted (incl. omnibus addresses under Section 4A.6) or required by law; and (b) shall not be used by Coinbase India for its own account, incl. proprietary trading, lending, rehypothecation, hedging or financing, save as expressly permitted or required by law.

4 A.17 Treatment on insolvency. It is intended that, in the event of insolvency, liquidation, winding-up, or corporate insolvency resolution process (whether under the Insolvency and Bankruptcy Code, 2016 or otherwise) affecting Coinbase India: (a) the Custodied Assets shall not form part of the assets of Coinbase India available for distribution to general creditors, or the liquidation estate; (b) they shall be held for, and returnable to, customers beneficially entitled to them (subject to the Security Interest and Deribit’s rights as Secured Party); and (c) records under Sections 4A.6 and 4A.13 are intended to evidence each customer’s beneficial entitlement for insolvency purposes.

4 A.18 Residual insolvency risk disclosure. You acknowledge that the precise treatment of Custodied Assets in any insolvency will ultimately be determined by applicable insolvency, property and trust law and by any court, tribunal (incl. the NCLT), liquidator or resolution professional with jurisdiction, which may differ from Section 4A.17. There is no guarantee of full or any recovery; recovery may be delayed, restricted, partial or in different form due to legal, regulatory, operational or technological factors, incl. any shortfall in an omnibus address, failure or insolvency of CB Inc or another sub-custodian/infrastructure provider, and any enforcement of the Security Interest or a Designated Sub-Pool.

4 A.19 No effect on Security Interest. Nothing in Sections 4A.16–4A.18 limits or affects: the Security Interest under Section 5.19 or any Designated Sub-Pool; the first-priority recourse of the Operator of the Deribit Exchange per Section 5.19 and Appendix 4, Section 10; or any set-off, lien, or other right available to Coinbase India under this Agreement or applicable law.

5.1. In General.

Coinbase India provides the service of executing your Orders for Digital Asset derivative contracts on the Deribit Exchange, acting as your broker and agent on the Deribit platform as specified in Appendix 4. Coinbase India provides the service of executing Orders on derivative contracts (the “Digital Asset Derivatives Services”), including but not limited to perpetuals, futures, options and options on futures (which can either be linear, inverse, or swaps) on a range of assets, prices and values as the underlying (each a “Derivative Contract”) on your behalf on the Deribit Exchange. Derivative Contract is entered into between you and your trade counterparty on the Deribit Exchange, with Coinbase India acting as your agent and not as your trade counterparty (see Appendix 4, Section 2). 

5.2. Execution Only.

The Digital Assets Derivatives Services are an execution-only service. When you place an Order through Coinbase India, Coinbase India will execute such Order on your behalf on the Deribit Exchange. This means that, in using the Digital Assets Derivatives Services: (a) only that are executed on the Deribit Exchange;  (b) you cannot transfer Derivatives Transactions to other platforms, or enter into secondary trading in respect of them; and (c) any open Derivative Transaction positions in your Coinbase Account can only be closed on the Deribit Exchange 

5.2A. Derivatives Brokerage Fees; Collection.

(a) Each Derivatives Transaction is subject to brokerage, execution and/or facilitation fees (the “Derivatives Brokerage Fees”) charged by, and payable to, Coinbase India as consideration for the Digital Asset Derivatives Services. The Derivatives Brokerage Fees are set by Coinbase India in its sole and absolute discretion, are published on the Coinbase Platform (and may be displayed via the Deribit Exchange interface on the coinbase platform), and will be shown to you prior to each Derivatives Transaction and stated in each trade execution report.

(b) The Derivatives Brokerage Fees are Coinbase India’s own fees. No Derivatives Brokerage Fee is charged by, or collected for the account of, the Operator of the Deribit Exchange or any other third party, and no portion of the Derivatives Brokerage Fees is passed through to the Operator.

(c) The Operator of the Deribit Exchange acts solely as Coinbase India’s collection agent in respect of the Derivatives Brokerage Fees and may deduct them from your account, Balance or Collateral on the Deribit Exchange and remit them to Coinbase India. Amounts so deducted are held by the Operator for the account and benefit of Coinbase India pending remittance, and the Operator acquires no right, title or interest in such amounts.

(d) Coinbase India separately compensates the Operator for execution, clearing, venue and related services under commercial arrangements between Coinbase India and the Operator. Such amounts are payable by Coinbase India for its own account, may be invoiced separately or netted by the Operator against amounts it holds as Coinbase India’s collection agent, and in either case do not reduce, and do not form part of, the Derivatives Brokerage Fees owed by you to Coinbase India. 

RISKS

5.3. General.

Trading in Digital Asset Derivatives is high risk and highly speculative. This is particularly true given the volatile nature of Digital Asset markets. In entering into a Derivatives Transaction, you accept the full risk that you could lose all the Balance in a Derivatives Transaction, and the Margin that you post to support those Derivatives Transactions, and beyond that your Supported Digital Assets in your Coinbase Account. 

5.4. Margin.

Derivatives Transactions require the posting of Margin and the maintenance of that as Digital Assets markets move, meaning that a movement of the market against you could result in you not holding adequate Margin in line with Coinbase India ’s margin requirements as notified to you on the Coinbase Platform from time to time (the “Margin Requirements”), and therefore be subject to partial liquidation or close-out of your positions, and thereby crystallising losses without you taking action. Accordingly, open Derivatives Transactions require ongoing monitoring and management to ensure you can manage your positions effectively.

5.5. Underlying.

No title ownership of Underlying Digital Asset. In entering into Derivatives Transactions you are not entering into a sale or purchase agreement to purchase Digital Assets themselves. A Derivatives Transaction does not give you any rights to receive any underlying Digital Asset.  Instead it is a contract that provides an agreed position with respect to the future price of a Digital Asset that may result in a profit or a loss for you.

5.6. Index Pricing.

In order to provide pricing to carry out Derivatives Transactions and set Margin requirements, Coinbase India  provides a suitable price for Supported Digital Assets on the Coinbase Platform which is calculated by reference to a number of different price feeds from key liquid crypto markets globally. Pricing (including index and mark prices) is determined by the Operator of the Deribit Exchange in accordance with the Deribit Exchange Documents  in order to provide a price that seeks to appropriately reflect the market price. Market dynamics and the calculation of these prices mean that, although Coinbase will make efforts to ensure that its prices reflect the market to the extent possible, during exceptional market conditions, pricing may at times vary from the market and that could lead to Liquidations or Auto-Deleveraging. You should ensure that you monitor Coinbase price feeds and your Coinbase Account in order to manage your open Derivatives Transactions to avoid unintended consequences.

5.6.1 Options. Where you enter into options as part of the Digital Asset Derivatives Services, you should be aware that options are complex instruments and may involve a high risk of loss. If you are an option buyer, you may lose the entire amount paid as premium. If you are an option seller, your potential loss may be substantial and, in some cases, unlimited. You should ensure you understand the nature of the option, the associated rights and obligations (including any potential assignment or exercise), and the specific risks before trading. 

 5.7 – 5.18. [Intentionally left blank]

SECURITY INTEREST

5.19.

All Margin and all other Digital Assets, securities, INR, financial assets, security entitlements, general intangibles and other property delivered by you to the Coinbase Platform, including without limitation, in your Coinbase Account (“Collateral”) shall be held by Coinbase India, notwithstanding any provision or instructions to the contrary, as security on a continuous basis and shall be subject to a general lien and right of set-off in favour of Coinbase India for any and all of your obligations, liabilities or monies whatsoever at any time now or hereafter owing, due, incurred or payable by you to Coinbase India  under this Agreement or otherwise, whether present or future, actual or contingent, solely or jointly or whether as principal or surety (“Obligations”). In addition, as continuing security for the Obligations, you hereby charge by way of first fixed charge and assign by way of security (the “Security Interest”), in favour of Coinbase India , all of your rights, title and interest in the Collateral.

5.19.1 Definitions. For the purposes of this Section ‎5.19 (Security Interest) the following terms have the meanings set out below:

5.19.2 Product Security Terms and Subordination. The applicable Product Security Terms for each Coinbase Service may: 

5.19.3 Designated Sub-Pools and Priority. Where a Designated Sub-Pool has been established in any Product Security Terms, the Secured Party identified in those Product Security Terms shall have first-priority recourse to that Designated Sub-Pool in respect of the relevant Secured Obligations, ahead of any other Secured Party. No other Secured Party shall have recourse to a Designated Sub-Pool until the Secured Obligations to which it is allocated have been discharged in full, unless the applicable Product Security Terms expressly provide otherwise. Any surplus remaining in a Designated Sub-Pool after discharge of the relevant Secured Obligations shall be available to meet other Secured Obligations in accordance with Section 5.19.4 (Application of Proceeds). Where no Designated Sub-Pool has been established in respect of particular Secured Assets, those Secured Assets shall be available to meet all Secured Obligations on a pari passu basis, unless otherwise specified in the applicable Product Security Terms.

5.19.4 Application of Proceeds. We shall apply the proceeds of any enforcement as follows:

5.20.

Without prejudice to Coinbase India ’s rights under this Agreement (including, without limitation, Coinbase India ’s rights pursuant to a Liquidation, Sections 5.23 – 5.27 below and/or the occurrence of any event giving Coinbase India  the right to terminate this Agreement under Section 9.1), you agree that Coinbase India  shall have the right to sell, transfer, loan, hypothecate, rehypothecate or pledge any Collateral allocated to your Coinbase Account without first being instructed by you.

5.21.

Upon any such use of Collateral under Section 5.20, you have a right against Coinbase India  for the delivery of equivalent assets of an identical amount, type, nominal value and description (“Equivalent Collateral”). Coinbase India  may deliver such Equivalent Collateral to you by crediting them to your Coinbase Account to be held subject to the terms of this Agreement, including, without limitation, Sections 5.19 – 5.22. Subject to your compliance with the Margin Requirements, Coinbase India  will use commercially reasonable efforts to promptly return such Equivalent Collateral to your Coinbase Account.

5.22.

The Security Interest is a continuing security and will remain in full force and effect notwithstanding any settlement, compromise or intermediate payment made in respect of your Obligations. Notwithstanding any other terms of this Agreement, no part of the Collateral may, unless and until your Obligations have been duly paid and discharged in full, be withdrawn, assigned or otherwise disposed of or encumbered except where you have requested and obtained Coinbase India ’s prior consent.

5.23.

For the purpose of perfecting and ensuring the first priority of the Security Interest and otherwise enabling Coinbase India to enjoy, exercise or enforce its rights, powers or discretions as a secured party you will, upon Coinbase India ‘s request and at your own expense, execute or cause to be executed all such transfers, assignments, powers of attorney, assurances, representations and warranties and other documents and do or cause to be done all such other acts and things as Coinbase India  may reasonably request. You hereby irrevocably authorise and appoint, by way of security, Coinbase India  as your attorney (with full power of substitution) to: (a) execute on your behalf and in your name or otherwise any such transfers, assignments, powers of attorney, assurances, representations and warranties and other documents; and (b) to do all such other acts and things on your behalf (whether you have performed those acts or things or not) and in your name or otherwise; in each case at such time and in such manner as Coinbase India  thinks fit for the purpose of perfecting or enforcing the Security Interest as described above. You hereby ratify and confirm and agree to ratify and confirm anything that Coinbase India , as your attorney, does or purports to do in the exercise of the power of attorney granted by you under this Clause 5.23.

5.24.

If at any time  your Balance falls below the Maintenance Margin, Coinbase may enforce the Security Interest by means of Liquidation  in accordance with the Deribit Exchange Documents, as further described in Appendix 4, Section 6..

5.25.

If at any time the your Balance falls below the Close-out Margin, Coinbase India and/or the Operator of the Deribit Exchange may enforce the Security Interest through the liquidation, close-out and socialised-loss processes operated by the Operator… as described in Appendix 4, Section 6.

5.26.

If at any time an Event  of Default occurs with respect to you, Coinbase India may immediately enforce the Security Interest without notice or further demand.

5.27.

In exercising its rights to enforce the Security Interest, Coinbase India shall be entitled, without notice or further demand, immediately to exercise all the rights, powers and remedies possessed by it according to law as chargee and assignee of the Collateral and to: (A) demand and receive all and any monies due under or arising out of the Coinbase Accounts; (B) exercise in relation to the Collateral all such rights as you were then entitled to exercise in relation to the Collateral or might exercise; and (C) apply, set-off or transfer all or any part of the Collateral in or towards the payment or other satisfaction of the Obligations or any part of them.

5.28.

In exercising its rights to enforce the Security Interest and without limiting any other rights or remedies under this Agreement or under statute, you hereby irrevocably authorise Coinbase India  to sell, appropriate or otherwise realise any and all Collateral and to apply the proceeds of sale in order to satisfy your Obligations in such order and manner as it thinks fit, including in or towards payment of all costs and expenses incurred by Coinbase India  in connection with such sale or realisation. If Coinbase India  exercises its right of appropriation to any Collateral it shall be entitled to determine its value in good faith and in a commercially reasonable manner.

5.29.

USERS WHO DO NOT UNDERSTAND LEVERAGE OR MARGIN TRADING, OR DO NOT INTEND TO ACTIVELY MANAGE THEIR PORTFOLIO, SHOULD NOT ENGAGE IN DERIVATIVES TRANSACTIONS. FOR FURTHER INFORMATION ON HOW YOUR MARGIN REQUIREMENT  WORKS SEE COINBASE MARGIN POLICY.

5.30.

COINBASE INDIA  AND ITS AFFILIATES DO NOT TAKE ANY RESPONSIBILITY WHATSOEVER FOR ANY LOSSES OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY DIGITAL ASSET DERIVATIVES SERVICES OFFERED ON THE PLATFORM OR YOUR FAILURE TO UNDERSTAND THE RISKS ASSOCIATED WITH DERIVATIVES TRANSACTIONS TRADING.

5.31. The User acknowledges and agrees that the Operator of the Deribit Exchange holds a first-priority security interest over all assets designated as Deribit Collateral under Digital Asset Derivatives Services. To the extent permitted by applicable law, such Deribit Collateral shall be applied exclusively to the satisfaction and discharge of Deribit Secured Obligations ahead of any other Secured Obligations, and no other security interest or claim shall rank in priority to, or pari passu with, the security interest held by the Operator of the Deribit Exchange in relation to such designated assets.

6.1. General.

Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors including how much leverage you are maintaining within your Coinbase Account. We reserve the right to change applicable limits as we deem necessary.

6.2. Digital Asset Services.

The use  of the Digital Asset Services is subject to a limit on the volume, stated in INR or other fiat currency, USDC or other Digital Assets, you may transact or transfer in a given period (e.g. daily). Please see Appendix 1 (Verification Procedures and Limits) for further details. To view your limits, login to your Coinbase Account and visit https://www.coinbase.com/settings/account-levels.

6.3. Digital Asset Derivatives Services.

The Digital Asset Derivatives Services are subject to certain specific restrictions on placing orders for new Derivatives Transactions as may be determined by Coinbase India  from time to time, in order to ensure appropriate liquidity provision and to ensure appropriate risk management.  You agree that we may operate such restrictions as we see fit, acting reasonably.

It shall be an Event of Default under this Agreement if:

7.1.

the Margin with respect to your Coinbase Account falls below applicable Margin Requirements as prescribed by Coinbase India ;

7.2.

you have failed to comply with or perform any of your obligations hereunder, whether in respect of your  Coinbase Account, any Derivatives Transactions or otherwise,  and/or you have failed to comply with or perform any obligation under this Agreement or any other agreement with Coinbase India  relating to services provided by Coinbase India  to you (including without limitation your failure to make, when due, any payment or delivery required to be made by you under this Agreement,  this Agreement or otherwise);

7.3.

any representation, warranty, agreement or undertaking made by you to Coinbase India  (whether under or in connection with this Agreement or any other material statement made by you in or in connection with the same is untrue, inaccurate, incomplete or misleading in any respect at the time when made by you or thereafter at any time becomes untrue, inaccurate, incomplete or misleading in any respect and you fail to inform Coinbase India  of the true position as soon as reasonably practicable;

7.4.

In the event that you are an individual – you become deceased, bankrupt or commence action (or have any action commenced against you) to place you into bankruptcy or personal insolvency or you are otherwise unable to pay your debts as and when they fall due;

7.5.

In the event that you are acting on behalf of a partnership – any of the partners thereof shall become deceased, bankrupt or commence action (or have any action commenced against them) to place them into bankruptcy or personal insolvency  or are otherwise unable to pay their debts as and when they fall due or if any action is commenced to dissolve the partnership;

7.6.

In the event that you are a corporation or are acting on behalf of a corporation – the corporation shall be unable to pay its debts as and when they fall due, or action is commenced to place the corporation in insolvency, judicial management, receivership, administrative management, or any similar or analogous proceedings;

7.7.

any investigation, claim, action or proceeding of any nature is commenced against you (including without limitation investigation into suspected market abuse, manipulation or other criminal conduct), you have breached Applicable Laws or steps are taken by any person to enforce any security interest against you;

7.8.

a credible allegation of fraud, misconduct, embezzlement, money laundering, insider trading, market manipulation abuse or other material illegality, breach of regulation or impropriety is made against you (whether by Coinbase India  or a third party) or Coinbase India  otherwise reasonably believes that you have used the Digital Asset Derivatives Services with improper intent, which Coinbase India , acting in good faith and a commercially reasonable manner,  believes could reasonably result in reputational harm to Coinbase India , compromise the integrity of the markets maintained by Coinbase India  and/or result in losses being sustained by other users; or

7.9.

Coinbase India  reasonably believes that any of the circumstances set out under Sections 7.1 – 7.8 above are likely to happen and Coinbase India  also reasonably believes that any action described in Section 8 below is necessary, desirable or expedient to protect its interests or the interests of Coinbase India ’s other clients.

In the Event of Default, Coinbase India  may (but is not obliged to) immediately or any time thereafter whilst the Event of Default is continuing, do any one or more of the following without prior notice:

8.1.

suspend (indefinitely or otherwise) cancel or terminate any Coinbase Account, any services provided to you and/or Coinbase India ’s broader relationship with you or prohibit you from opening any Coinbase Account and/or accelerate any and all of your liabilities to Coinbase India  (including any and all fees, interest, commission, and charges owed by you to Coinbase India ) so that they shall become immediately due and payable;

8.2.

liquidate, accelerate, and/or close out any outstanding Transaction (including any Transaction which has yet to be settled on the date on which Coinbase India  terminates such Transaction) by determining its value in good faith and in its absolute discretion as of the date of such liquidation, acceleration or close-out as soon as practicable thereafter;

8.3.

at such times and manner as Coinbase India  may reasonably determine based on, but not limited to, market conditions and portfolio health, sell or otherwise transfer any Digital Assets or other property which Coinbase India may hold for you or which has been transferred to Coinbase India  by you and apply the proceeds to the discharge of your obligations, subject to Coinbase India ’s rights to set-off and net amounts owed as between you and Coinbase India  as set out under Section  2.11 of this Agreement or otherwise under this Agreement or Applicable Laws;

8.4.

vary the applicable Margin Requirement and/or liquidate or exercise its power to sell the Margin or part thereof at a price which Coinbase India  deems appropriate in the circumstances;

8.5.

apply any amounts of whatsoever nature standing to your credit against any amounts which you owe Coinbase India  (of whatsoever nature and howsoever arising, including any contingent amounts), or generally to exercise Coinbase India ’s rights of netting and set-off as set out under Section 2.11 of this Agreement or otherwise under this Agreement or Applicable Laws;

8.6.

demand any shortfall after the application of Section 8.5 above from you, or hold any excess pending full settlement of any other of your obligations, or pay any excess to you by way of any methods deemed appropriate by Coinbase India ;

8.7.

restrict your ability to withdraw any Digital Assets from any Coinbase Account;

8.8.

in the event that Coinbase India  determines that the user is in Event of Default under Section 7.8 of this Agreement, Coinbase India  reserves the right (without liability to the user or any third party) to unwind or reverse any Transactions, freeze any or all amounts allocated to user’s Coinbase Account, and/or deduct any amounts allocated to user’s Coinbase Account that relate to or arise out of any Transactions entered into by the user in connection with any of the circumstances referred to in Section 7.8.

8.9.

To the extent permitted under Applicable Law, you will be responsible for the reasonable costs and expenses of collection of any unpaid deficiency in your Coinbase Account including, but not limited to, legal counsel’s fees incurred and payable or paid by Coinbase India , and shall be responsible for any other reasonable costs and expenses incurred by Coinbase India in exercising any of its rights under this Section 8 pursuant to any Event of Default.

9.1. Suspension, Termination and Cancellation.

We may: (a) refuse to complete, or place on hold, block, cancel or reverse a transaction you have authorised (even after funds have been debited from your Coinbase Account), (b) suspend, restrict, or terminate your access to any or all of the Coinbase Services, and/or (c) deactivate or cancel your Coinbase Account with immediate effect for good reason, including, but not limited to where:

9.2.

We may also refuse to complete or block, cancel or reverse a transaction you have authorised where there is insufficient Digital Assets in your Digital Asset Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction or if your credit or debit card or any other valid payment method linked to your Coinbase Account or Digital Asset Wallet is declined.

9.3.

We reserve the right to take such measures as may be necessary to protect the integrity and security of Digital Assets and the Coinbase Services generally, including (but not limited to) temporarily suspending the Coinbase Services for a specified or indefinite period of time. Where it is practically and commercially feasible to do so, we will use our best efforts to provide you with notice of any such operational changes, however, such disruption may be a consequence of matters outside of our control and may occur without notice to us. Our response to any material operating change is subject to our absolute and sole discretion If we are unable or refuse to complete any attempted transaction in circumstances where the Coinbase Services are suspended, we bear no liability for any purported or actual loss arising as a consequence of your inability to effect transactions during the time whereby the Coinbase Services (or your Account) are suspended.

9.4.

If we suspend, restrict or close your Coinbase Account, and / or terminate your use of Coinbase Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure of your Coinbase Account. In the event that we refuse to complete a transaction and / or suspend your Coinbase Account we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.

Notwithstanding the foregoing, we may suspend, restrict, or terminate your access to any or all of the Coinbase Services and/or deactivate or cancel your Coinbase Account, without reason by giving you two months’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Coinbase Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols.  You agree that Coinbase India  is under no obligation to disclose the details of its risk management and security procedures to you.

9.5.

Consequences of Termination or Suspension. On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to which Coinbase India  is subject in any jurisdiction, you are permitted to access your Coinbase Account for ninety (90) days thereafter for the purposes of closing out Derivatives Transactions, and/or transferring Supported Digital Assets out of your Digital Asset Wallet(s) and/or out of the Coinbase  Platform.

You are not permitted to use the Coinbase Services or your Coinbase Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the Coinbase  Platform or access to the Site for you accordingly. 

If we suspend or close your Coinbase Account or terminate your use of Coinbase Services for any reason, we reserve the right to require you to re-complete the procedures outlined at Section 3.2 (Identity Verification) before permitting you to transfer or withdraw Supported Digital Assets. You may close your Coinbase Account at any time by visiting: https://accounts.coinbase.com/profile/close. You will not be charged for closing your Coinbase Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time your account is closed.

9.6.

Coinbase may discontinue or change any product, service, or feature, in its sole discretion, at any time. You agree that we may transfer you to a product or service that is reasonably similar to the discontinued or changed product or service, to the extent such product or service exists. We will provide you with prior notice of material changes, discontinuation, or the transfer related to a product, service, or feature, to the extent required or applicable.

10.1. Release of Coinbase India.

If you have a dispute with one or more users of the Coinbase Services (other than Coinbase India ), you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes.

10.2. Indemnification.

You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement (including without limitation your breach of our Prohibited Use Policy or your violation of any law, rule or regulation, or the rights of any third party.

10.3. Limitations of Liability.

Coinbase India ’s total aggregate liability to you for any individual claim or series of connected claims for losses (whether such losses are contingent, consequential or direct losses), costs, liabilities or expenses which you have suffered or may suffer arising out of, or in connection with, any breach by Coinbase India  of this Agreement shall be limited to a maximum aggregate value of the combined value of the Supported Digital Assets in your Digital Asset Wallet at the time of the breach by Coinbase India  giving rise to your claim equal to the total Fees, Interest, Commissions and Charges paid by you to Coinbase India in the twelve (12) months immediately preceding the event giving rise to your claim.Where we are considering a specific claim relating to a specific transaction, this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.

10.4. Limitation of loss.

In addition to the liability cap at Section 10.3 (Limitations of Liability) above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:

10.5. Applicable law.

The limitation of liability in this Section 10 (Liability) is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the Coinbase Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors’ negligence.

10.6. No Warranties.

The Coinbase Services, the Coinbase Platform and the Site are provided on an “as is” and “as available” basis, with no further promises made by us around availability of the Coinbase Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the Coinbase Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.

Any materials, information, view, opinion, projection or estimate presented via the Site is made available by Coinbase for informational purposes only, and is subject to change without notice. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness and reliability of the materials, information, view opinion, projection or estimate provided on the Site and/or the Site. Accordingly, no warranty whatsoever is given by Coinbase India and no liability whatsoever is accepted by Coinbase India for any loss arising whether directly or indirectly as a result of you acting on any materials, information, view, opinion, projection or estimate provided in or made available through the Site and/or the Site.

The Coinbase Services, Coinbase  Platform and Site are not intended to provide specific investment, tax or legal advice or to make any recommendations about the suitability of any investments or products for any particular investor. You should seek your own independent financial, legal, regulatory, tax or other advice before making an investment in the investments or products. In the event that you choose not to seek advice from a relevant adviser, you should consider whether the investment or product is suitable for you.

We will make reasonable efforts to ensure that Digital Asset Transactions, requests for debits and credits involving Digital Asset Wallets, bank accounts, credit and debit cards are processed in a timely manner but Coinbase makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and credit cards are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Coinbase Services and Site.

10.7. No Liability for Breach.

We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.

11.1. Access & Availability.

Access to Coinbase Services may become degraded or unavailable during times of significant volatility or volume. This could result in limitations on access to your Coinbase Account or the Coinbase Services, including the inability to initiate or complete transactions and may also lead to support response time delays.

A. although we strive to provide you with excellent service, we do not guarantee that the Site or other Coinbase Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open or that your Coinbase Account will be accessible; and

B. please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues.

Under no circumstances shall Coinbase India or Coinbase be liable for any alleged damages from or arising out of service interruptions, delays in processing transactions, inability to execute transactions, or lack of timely response from Coinbase  customer support.  For example, if you are locked out of your Coinbase Account, it is possible that the price of Digital Assets in your account might go down before your access is restored. Coinbase India or Coinbase shall not be liable for any alleged losses that you suffer from a drop in Digital Asset prices.

11.2. Website Accuracy.

Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content (as defined below)) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.

In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.

Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third party materials accessible or linked to from the Site.

12.1. Contact Coinbase.

If you have any feedback, questions, or complaints, contact us via our customer support team where available or our customer support webpage at https://help.coinbase.com.

12.2. Complaints.

If you have a complaint with Coinbase India , you agree to first contact our customer support team to attempt to resolve such a complaint. If we cannot resolve the complaint through our customer support team, you and we agree to use the complaints process set out in this Section 12.2. You agree to use this process before commencing any action as set out in Section 12.4. If you do not follow the procedures set out in this Section 12.2 before pursuing action under Section 12.4, we shall have the right to ask the relevant court/authority to dismiss your action/application unless and until you complete the following steps:

In the event of a complaint which has not been resolved through your contact with our customer support team, please use our complaint form to set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. The complaint form can be found at https://help.coinbase.com/en/contact-us/submit-a-complaint.  We will acknowledge receipt of your complaint form after you submit it. The complaints process set out in this Section 12.2 is completed when Coinbase India responds to your complaint or forty-five (45) business days after the date we receive your complaint, whichever occurs first (subject to applicable law).

Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint. 

12.3.

If we have not been able to resolve your complaint via the complaint process set out in Section 12.2 above, you may escalate your complaint via the dispute processes set out in Section 12.4 below.

12.4.

Both you and we agree that we shall not commence the dispute process set out in this Section 12.4 in relation to the whole or part of your complaint until the complaint process set out in Section 12.2 has been completed, although nothing in Section 12.2 or in this Section 12.4 shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction. For complaints or disputes arising out of or in connection with this Agreement or the provision of Coinbase Services, the Coinbase  Platform or the Site, that cannot be resolved via the complaint process set out in Section 12.2 above, you submit to the exclusive jurisdiction of the courts of competent jurisdiction at Delhi, India.

13.1. Personal Data.

You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided (or in the future provide) to us in relation to your employees and other associated individuals (if you are not an individual), in connection with this Agreement, or the Coinbase Services. We will process this personal data in accordance with the Privacy Policy, which shall form part of this Agreement. Accordingly, you represent and warrant that:

14.1. Password Security.

In order to access Coinbase Services, you will be required to create or will be given security details, including a username and password. You are responsible for keeping the electronic device through which you access Coinbase Services safe and maintaining adequate security and control of any and all security details that you use to access the Coinbase Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected.

Any loss or compromise of your electronic device or your security details may result in unauthorised access to your Coinbase Account by third-parties and the loss or theft of any Digital Assets and/or funds held in your Coinbase Account and any associated accounts, including your linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.

You should never allow remote access or share your computer and/or computer screen with someone else when you are logged on to your Coinbase Account. Coinbase India will never under any circumstances ask you for your passwords, or 2-factor authentication codes or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your account. Always log into your Coinbase Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Coinbase India. We further assume no responsibility for your failure to follow the requirements set out in this Section 14.1, or follow or act on any notices or alerts that we may send to you.

14.2. Authentication and Verification.

In order to access Coinbase Services users are required to provide an email address and create a password. Coinbase India  offers two-factor authentication via a user’s mobile device (Short Message Service (“SMS”)) or a supported Time-based One Time Password application or other authentication methods we make available. A verified phone number is required to enable two-factor authentication via SMS. Users are responsible for keeping electronic devices through which Coinbase Services are accessed safe and maintaining adequate security and control of any and all security details that are used to access the Coinbase Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user’s Coinbase Account by third-parties and the loss or theft of any Digital Assets and/or funds held in your Coinbase Account and the misuse of any associated accounts, including linked bank account(s) and credit/debit card(s).

14.3. Security Breach.

If you suspect that your Coinbase Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or Coinbase India or Coinbase (collectively, a “Security Breach”), you must:

14.4. Safety and Security of Your Computer and Devices.

Coinbase India is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.

15.1. Your Compliance with Applicable Law.

You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws and anti-money laundering and anti-terrorist financing laws) in your use of the Coinbase Services, the Coinbase  Platform and the Site.

15.2. Limited Licence.

All content included in or made available through the Coinbase Services, the Site or any related content materials and information such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (“Content”) is the property of Coinbase or its content providers and protected by United States and international copyright and intellectual property law. We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Coinbase Services, the Site, and Content solely for approved purposes as permitted by us from time to time. Any other use of the Coinbase Services, the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of Coinbase India and its licensors. You agree not to copy, transmit, distribute, sell, licence, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

“International.Coinbase.com“, and the following non-exhaustive list, including Coinbase, Coinbase Logo, C Logo, Coinbase International Exchange, Coinbase Advanced Trade, ROSETTA, COSTA, SKEW, TOSHI, Coinbase One, Coinbase Cloud and BISON TRAILS; and without limitation, any graphics, logos, button icons, and service names included in or made available through any Content, and all logos related to the Coinbase Services or displayed on the Site are trademarks or trade dress of Coinbase India or its licensors. You may not copy, imitate or use them without our prior written consent for any purpose, including, without limitation, in: connection with any product or service that is not authorised by Coinbase; any manner that is likely to cause confusion among customers; or a way that disparages or discredits Coinbase India.

15.3. Export Controls & Sanctions.

Your use of the Coinbase Services and the Site is subject to applicable law including but not limited to export restrictions, end-user restrictions, antiterrorism laws, and economic sanctions. By sending, receiving, buying, selling, trading or storing Digital Assets through the Site or Coinbase Services, you agree that you will comply with all applicable law. You are not permitted to acquire Digital Assets or use any of the Coinbase Services through the Site if doing so would, directly or indirectly, violate applicable law, which include but are not limited to those promulgated by relevant law specific to that jurisdiction, the United Nations Security Council, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”, including but not limited to the Specially Designated Nationals (“SDN”) List and other non-SDN restricted or blocked parties lists), the European Union, the United Kingdom, India, and/or any other applicable national, regional, provincial, state, municipal or local laws and regulations (each as amended from time to time). You also acknowledge and agree to hold Coinbase harmless for any losses caused by delays or refusals to process a transaction that result from Coinbase India’s obligation to ensure compliance with applicable export controls or sanctions.

15.4. Relationship of the Parties.

Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you or Coinbase India, or authorise you to act as an agent of Coinbase India.

15.5. Privacy of Others.

If you receive information about another user through the Coinbase Services, you must keep the information confidential and only use it in connection with the Coinbase Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited communications to another user through the Coinbase Services.

15.6. Contact Information.

You are responsible for keeping your contact details (including your email address and telephone number) up to date in your Coinbase Account profile in order to receive any notices or alerts that we may send to you (including notices or alerts of actual or suspected Security Breaches). Please see Appendix 2 for more detail in relation to how we will communicate with you.

15.7. Taxes.

The tax treatment of Digital Asset Transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from transactions using Coinbase Services under this Agreement. Users are solely responsible for reporting and paying any applicable taxes arising from transactions using Coinbase Services, and acknowledge that Coinbase India does not provide investment, legal, or tax advice governing these transactions and Coinbase India is not responsible for determining whether taxes are applicable in respect of any transactions carried by you on the Coinbase Platform. You understand that Coinbase India may report information with respect to your transactions, payments, transfers, or distributions made by or to you with respect to your activities using Coinbase Services to a tax or governmental authority to the extent such reporting is required by applicable law. Coinbase India also shall withhold taxes applicable to your transactions or to payments or distributions made or deemed made to you to the extent such withholding is required by applicable law and you shall be solely responsible for claiming any credit or refund from the tax authorities.. From time to time, Coinbase India shall ask you for tax documentation or certification of your taxpayer status as required by applicable law, and any failure by you to comply with this request in the time frame identified may result in withholding and/or remission of taxes to a tax authority as required by applicable law. You should conduct your own due diligence and consult your own tax advisors before making any decisions with respect to Digital Asset Transactions and transactions pertaining to Coinbase Services. Coinbase India also reserves the right to separately charge such goods and services tax, in case any further goods and services tax is made applicable on the transactions in relation to the Coinbase Services undertaken by you.

15.8. Unclaimed Property.

If we hold Supported Digital Assets on your behalf, and have no record of your use of the Coinbase Services for several years and are unable to contact you, applicable law may require us to deliver any such Supported Digital Assets to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

15.9. Death of Account Holder.

For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your Coinbase Account and during this time, no transactions may be completed until: (i) your designated executor / trustee has opened a new Coinbase Account or informed Coinbase India about another, existing, Coinbase Account in their name, as further described below, and the entirety of your Coinbase Account has been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorise us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, in order to gain access to the contents your Coinbase Account, the executor / trustee you have designated in a valid Will or similar testamentary document will be required to open a new Coinbase Account or inform Coinbase India of another, existing Coinbase Account in their name to which the entirety of the funds in your Coinbase Account shall be transferred. If you have not designated an executor / trustee, then we reserve the right to (i) treat as your executor / trustee any person entitled to inherit your Coinbase Account, as determined by us upon receipt and review of the documentation we, in our sole discretion, deem necessary or appropriate, including (but not limited to) a Will or similar document, or (ii) require an order designating an executor / trustee from a court having competent jurisdiction over your estate. In the event we determine, in our sole discretion, that there is uncertainty regarding the validity of the executor / trustee designation, we reserve the right to require an order resolving such an issue from a court of competent jurisdiction before taking any action relating to your Coinbase Account.

15.10. Entire Agreement.

This Agreement (including documents incorporated by reference herein, including the Privacy Policy, the Cookie Policy, the Prohibited Use Policy and Appendices) comprise the entire understanding and agreement between you and Coinbase India as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement) between you and Coinbase India.

15.11. Interpretation.

Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

15.12. Transfer and Assignment.

This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We reserve the right to assign our rights without restriction (except to the extent of any notice requirement under applicable law), including without limitation, by way of assignment between Coinbase India  to any Coinbase affiliates or subsidiaries, or to any successor in interest of any business associated with the Coinbase Services. In the event Coinbase India  is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, amalgamation, acquisition, sale, or other change of control. You reserve the right to terminate the agreement with immediate effect in the event we transfer and/or assign the Agreement.  Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

15.13. Security Interests.

You must not create security over your Digital Assets unless you have obtained our prior approval in writing.

15.14. Invalidity.

If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.

15.15. Enforcement of Our Rights.

We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.

15.16. Language.

This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.

15.17. Change of Control.

In the event that Coinbase India is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, amalgamation, acquisition, sale, or other change of control.

15.18. Survival.

All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, Coinbase Account cancellation, debts owed to Coinbase India, general use of the Coinbase  Platform or Site, disputes with Coinbase India, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.

15.19. Governing Law.

This Agreement and the relationship between us shall be governed by the laws of the Republic of India and noting Section 12.4, the exclusive jurisdiction of the courts of competent jurisdiction at Delhi, India, subject to any local mandatory law, or rights available to Consumers.

Coinbase uses multi-level systems and procedures to collect and verify information about you in order to protect Coinbase and the community from fraudulent users, and to keep appropriate records of Coinbase ‘s customers. Your access to one or more Coinbase Services or the Coinbase  Platform, and limits imposed on your use of Coinbase Services (including but not limited to daily or weekly conversion limits, deposit, withdrawal and trading limits for Advanced Trading, instant buy limits, Digital Asset Wallet transfer limits, and limits on transactions from a linked payment method), and any changes to such limits from time to time,  may be based on the identifying information and/or proof of identity you provide to Coinbase.

Coinbase may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any Coinbase Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account’s ‘Limits’ page on the Site.

You may submit a request at https://help.coinbase.com to request larger limits. Coinbase will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and Coinbase India does not guarantee that we will raise your limits.

1. Electronic Delivery of Communications.

You agree and consent to receive electronically all communications including social media communications, agreements, documents, notices and disclosures (collectively, “Communications“) that we provide in connection with your Coinbase Account and your use of Coinbase Services. Communications include:

(A) terms of use and policies you agree to (e.g. the Agreement and Privacy Policy), including updates to these agreements or policies;

(B) account details, history, transaction receipts, confirmations, and any other account or transaction information;

(C) legal, regulatory, and tax disclosures or statements we may be required to make available to you; and

(D) responses to claims or customer support inquiries filed in connection with your Coinbase Account.

Unless otherwise specified in this Agreement, we will provide these Communications to you by posting them on the Site, emailing them to you at the primary email address listed in your Coinbase Account, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification, and you agree that such Communications will constitute sufficient notice of the subject matter therein.

2. How to Withdraw Your Consent.

You may withdraw your consent to receive Communications electronically by contacting https://help.coinbase.com. If you fail to provide or if you withdraw your consent to receive Communications in the specified manner, Coinbase India  reserves the right to immediately close your Coinbase Account or charge you additional fees for paper copies of the Communications.

3. Updating your Information.

It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if Coinbase India sends you an electronic Communication but you do not receive it because your primary email address you have provided is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Coinbase India will be deemed to have provided the Communication to you.

You may update your information by logging into your Coinbase Account and visiting settings or by contacting https://help.coinbase.com.

USDC IS NOT LEGAL TENDER OR CURRENCY. USDC IS A SUPPORTED DIGITAL ASSET AND COINBASE HAS NO RIGHT TO USE ANY USDC IN YOUR COINBASE ACCOUNT. COINBASE IS NOT A DEPOSITORY INSTITUTION, AND YOUR USDC WALLET IS NOT A DEPOSIT ACCOUNT. 

1.1. Definitions

“Daily Balance Method” means the application of the daily USDC Rewards Rate in Coinbase’s sole discretion to the calendar day average of USDC held in your USDC Wallet each day, as determined by Coinbase in its sole discretion. 

“Eligibility Criteria” means the criteria specified by Coinbase to be eligible for the Program, as published by Coinbase India from time to time and subject to change as set forth below.

“Month” and “Monthly” as the context requires, means a full calendar month.

“Platform Balance” means the aggregate balance of USDC across your eligible Digital Asset Wallets on the Coinbase Platform as determined by Coinbase India and Coinbase in its sole discretion. 

“USDC” means (a) the ERC-20 token USDC, a USD-backed cryptocurrency stablecoin operated by Circle Internet Financial, LLC, or (b) any successor digital asset capable of redemption for corresponding value in fiat U.S. Dollars, in each case solely on the blockchain networks supported by the Program as determined in Coinbase’s sole discretion.

“USDC Rewards” shall have the meaning set forth in Section 1.3(a)(i). 

“USDC Rewards Rate” means the annual rate of rewards earned on your Platform Balance, which does not reflect compounding, as established by Coinbase India from time to time.

“Week” and “Weekly” as the context requires, means a full calendar week.

1.2. Non-institutional Clients

(a) Eligibility. If you are eligible and you are not an institutional client (the eligibility for which is set out in Section 1.3 below), you can earn rewards for holding USDC in your Coinbase Account. So long as you hold at least 1  USDC in your Coinbase Account, you will automatically earn amounts of USDC as described below in the “Calculation” section (“Non-institutional USDC Rewards”). If at any time you do not hold at least 1  USDC in your Coinbase Account, your enrollment in USDC Rewards will be paused until such time that you do hold at least 1  USDC in your Coinbase Account. During such period you will retain all USDC Rewards previously accrued but not yet distributed. Such accrued rewards will be distributed as described below in the “Calculation” section. If at any time you are deemed ineligible, your enrolment in USDC Rewards will be similarly paused. You can opt-out of, or back into, USDC Rewards at any time by following the instructions here. If you opt-out of USDC Rewards or close your Coinbase Account, you will forfeit the rewards you have accrued (that are not yet distributed for the current calendar month) up to that time.  

(b) Calculation. Non-institutional USDC Rewards are earned on a daily basis in the form of USDC at the then current USDC Rewards Rate. Our current USDC Rewards Rate for non-institutional client rewards can be found here. Our current USDC Rewards Annual Percentage Yield, which includes the effect of weekly compounding, can be found here and here. Rewards earned in a particular week are airdropped into your Coinbase USDC wallet within five (5) business days after the start of the next calendar week. USDC Rewards distributed to you are rounded-down to the nearest sixth decimal place. We use the Daily Balance Method to determine the rewards you earn for a particular day, using your average balance of USDC on that specific day as that day’s balance. The rate used to determine rewards earned for a particular day is the then current USDC Rewards Rate divided by 365. Based on your selected preference, rewards accrued in USDC may be distributed to you in an equivalent value of another supported digital asset. Any such rewards distributed in a digital asset other than USDC are subject to market volatility and may gain or lose value. The rate of Rewards for non-institutional customers is subject to change in accordance with Section 1.4(a) below.  

1.3. Institutional Clients. Institutional clients are able to earn USDC Rewards subject to additional eligibility criteria as defined below. 

(a) Eligibility. 

(i) Following the Date of this Agreement and provided that you meet one or more Eligibility Criteria for such Month (calculated on a blended basis),  you  will  be  eligible  to  earn  rewards  on  the  amount  of  USDC  held  in  your Platform Balance in amounts of USDC, as described in Section 1.3(b) below (such rewards, the “USDC Rewards”).

(ii) In the event you fail to meet any Eligibility Criteria in any Month (as calculated on a blended basis), (i) your enrolment in the Program will be paused until such time that you meet one or more Eligibility Criteria, and (ii) you shall not earn any USDC Rewards for such Month. During such period, you will retain all USDC Rewards previously accrued but not yet distributed.

(iii) You may opt-out of, or back into, the Program at any time by providing email notice to Coinbase India in accordance with the terms of the Agreement. In the event the Agreement is terminated for any reason or you opt-out of the Program, you will forfeit any rewards that have accrued but have not yet been distributed at that time.

(iv) If at any time Coinbase India in its sole discretion deems you to be ineligible for the Program, your enrolment in the Program will be suspended and Coinbase India will provide email notice or other written notice within the Coinbase Platform interface of such enrolment suspension to you in accordance with the terms of the Agreement.

(b) Calculation. 

(i) Following the end of each Month, Coinbase will assess whether you have met one or more Eligibility Criteria, as determined on a blended basis over the course of such Month. Meeting one or more Eligibility Criteria shall determine your USDC Rewards Rate for such Month, as further detailed in the Eligibility Criteria. 

(ii) Following the determination of your USDC Rewards Rate for such Month, Coinbase shall calculate your USDC Rewards earned on a daily basis by applying such USDC Rewards Rate to your daily Platform Balance for each day of such Month. The rate used to determine USDC Rewards earned for a particular day is the then applicable USDC Rewards Rate divided by 365.

(iii) Coinbase shall make commercially reasonable efforts to credit USDC Rewards earned in a particular Month to your Digital Asset Wallet within ten (10) business days after the start of the next Month, but in no event will such USDC Rewards be credited later than thirty (30) days after the start of the next Month. USDC Rewards are rounded down to the nearest sixth decimal place.

1.4. Changes.

(a) Non-institutional USDC Rewards Changes. We reserve the right to change the USDC Rewards Rate Annual Percentage Yield at any time by notification here and  by other reasonable means of notice (including e-mail). Unless otherwise stated in the notice, no change will be effective until the first day of the calendar month after such notice is made. We reserve the right to add, change, or delete any provision of these terms and to terminate the USDC rewards program, or your participation in the program, at any time upon notice made in the same manner.

(b) Institutional USDC Rewards Changes. We reserve the right to change the USDC Rewards Rates and/or the Eligibility Criteria at any time by email notice or other written notice within the Coinbase Platform interface to you. Coinbase reserves the right to add, change, or delete any provision of these terms and to terminate the Program, or your participation in the Program, at any time upon notice made in the same manner.

2.1. General.

When you hold Supported Digital Assets with Coinbase you may be given the option to “stake” these assets in a third party proof of stake network via staking services provided by Coinbase. In a proof of stake network, transaction validators are chosen using a formula based on the amount of underlying Supported Digital Asset staked by the validator as opposed to computing power (i.e., proof of work). Please visit our staking information page for further details on how proof of stake works. Staking services are not available for Supported Digital Assets held on Coinbase. By using these staking services you accept the terms for such services as set out in this Section 1 to this Appendix 3.

2.2. Staking Service is Optional.

Staking services may be made available to you by default for Supported Digital Assets where staking functionality is available from Coinbase. YOU ARE NOT REQUIRED TO STAKE WITH COINBASE AND YOU CAN OPT-OUT OF ANY DEFAULT COINBASE STAKING SERVICES AT ANY TIME. FOR MORE INFORMATION VISIT THE HELP CENTER. Unless otherwise specified, if you opt-out of staking services, you can opt back in at any time.

2.3. The Service; Rewards; Commission; Limitations.

(a) If you stake your assets with us, Coinbase, or one of its affiliates, will facilitate the staking of those assets on your behalf, by acting as a transaction validator on the applicable network for the Supported Digital Asset you stake. If Coinbase or one of its affiliates successfully validates a block of transactions in that Supported Digital Asset, you may earn a reward granted by that Supported Digital Asset network. Rewards are determined by the protocols of the applicable network. If the applicable network distributes any rewards in unstaked form, Coinbase  will use commercially reasonable efforts to restake those rewards. Rewards will be credited to your account by taking into account the amount of your principal and previously accrued rewards that remain staked with Coinbase. Coinbase  will credit your account for any earned rewards after receipt by Coinbase, minus a commission. The current commission for each Supported Digital Asset can be found in the Help Center. Coinbase may change these rates at its discretion and without notice. Coinbase may also offer lower commissions for certain Supported Digital Assets on a promotional basis, and these promotional commissions may differ among Coinbase users at our discretion. Some Digital Asset networks subject staked assets to “slashing” if the transaction validator representing those assets incorrectly validates a transaction. Coinbase will use commercially reasonable efforts to prevent any staked assets from slashing; however, in the event they are, unless otherwise provided in this Agreement, Coinbase will promptly replace your assets at no additional cost. (b) Some Digital Asset networks require that a certain amount of staked assets be locked (restricted from sale or transfer) for a certain period of time while staking.  In some cases, withdrawal of staked assets may be delayed as a result of protocol unstaking periods or network conditions.

2.4. No Guarantee of Rewards.

You have no right to a reward until it is received by Coinbase India . Rewards will be distributed to your account promptly after they are received by Coinbase India . Unless otherwise specified, the “staking rewards rate” disclosed by Coinbase India  for a particular Supported Digital Asset is an annualized historical rate based on the staking rewards generated by Coinbase India  in providing staking services to Coinbase India  customers for that Supported Digital Asset, minus our commission.This rate is an estimate and changes over time. Coinbase India DOES NOT GUARANTEE THAT YOU WILL RECEIVE STAKING REWARDS, ANY SPECIFIC STAKING REWARD, OR ANY STAKING RETURN OVER TIME, INCLUDING THE STAKING REWARDS RATES.

2.5. Governance and Voting.

For certain Digital Assets, the underlying protocols offer stakers the ability to vote on matters related to the governance of protocol-level issues. Coinbase may or may not support voting for such assets, and may cease supporting voting at any time in its discretion. Coinbase will comply with your instruction to vote your Supported Digital Assets to the extent Coinbase or its affiliate supports voting for such Supported Digital Assets in your jurisdiction. In certain cases, Coinbase may vote on your behalf where Coinbase or the applicable protocol does not support delegated voting; in those instances, Coinbase will vote with the protocol’s recommendation.

2.6. Tax.

The tax treatment of certain Digital Asset Transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from these transactions. Users are solely responsible for reporting and paying any applicable taxes arising from staking. Coinbase India shall withhold taxes applicable to your sell transactions or to payments made or deemed made to you to the extent such withholding is required by applicable law for staking services and all related transactions (e.g., any exchange or sale of your staked ETH), and you shall be solely responsible for claiming any credit or refund from the tax authorities. and you acknowledge that Coinbase India  does not provide investment, legal, or tax advice to you in connection with such an election to participate and Coinbase India is not responsible for determining whether taxes are applicable in respect of any transactions carried by you on the Coinbase Platform. You should conduct your own due diligence and consult your advisors before making any investment decision including whether to participate in ETH staking and related transactions. Coinbase India also reserves the right to separately charge such goods and services tax, in case any further goods and services tax is made applicable on the transactions in relation to the Coinbase Services undertaken by you.

2.7. Ethereum Staking.

Supplemental to the terms outlined above, the following terms apply to staking your ETH through the Coinbase staking services.

2.8.

In the event of a conflict between the terms contained in this section and anything else in this Agreement, the terms in this section will govern:
2.8.1 Eligibility. Users who wish to stake ETH through Coinbase must meet certain requirements, as set forth here.  These requirements are subject to change.

2.8.2 Slashing Penalties. Staking ETH means your staked assets can be subject to “slashing” by the Ethereum network if the transaction validator representing those assets incorrectly validates a transaction. Coinbase will use commercially reasonable efforts to protect against slashing incidents: however, in the event of slashing, Coinbase will replace your assets so long as such penalties are not a result of: (i) protocol-level failures caused by bugs, maintenance, upgrades, or general failure; (ii) your acts or omissions; (iii) acts or omissions of any third party service provider; (iv) an event qualifying under Section 10.7 of the Agreement; (v) acts by a hacker or other malicious actor; or (vi) any other events outside of Coinbase’s reasonable control.

2.8.3 Wrapping. In some jurisdictions, you may choose to obtain the ability to sell, send, spend, or otherwise use your staked ETH by selecting, at your sole discretion, to wrap into a token that represents the ETH that you have staked plus associated rewards. This service is not available everywhere, and additional eligibility requirements may apply. By electing to wrap your staked ETH plus any associated rewards balance into the Coinbase India  Wrapped Staked ETH known as “cbETH” you understand and agree that:

In addition, you understand, agree and accept the following risks associated with electing to wrap into cbETH:

2.8.4 Unwrapping/Redemption.

2.9. Third-Party Liquid Staking Tokens.

2.9.1 What a Third-Party LST represents. A Third-Party LST is a Digital Asset minted by a third-party or its smart contracts. In broad terms, it represents your entitlement to a corresponding unit of the underlying staked asset, plus accrued rewards, redeemable subject to the operating rules of the third-party protocol. By holding a Third-Party LST, you remain entitled to the economic value, risk, and rewards of the underlying staked asset. Coinbase  does not hold or control the underlying assets, and Coinbase  does not mint the Third-Party LST. The Third-Party LST itself, when held in your Coinbase Account, is custodied under Section 4.19 like any other Digital Asset.

2.9.2 How wrapping works. When you choose to wrap your staked asset into a Third-Party LST, Coinbase takes blockchain operations on your behalf to deposit your asset (and any accrued rewards) into the third-party protocol, and the resulting Third-Party LST is reflected in your Coinbase Account. The quantity of Third-Party LST you receive is set by the conversion rate published by that protocol or an operator of that protocol at the time of the wrap. The conversion rate may fluctuate over time based on protocol rewards, slashing, validator performance, and other factors outside Coinbase’s control.

2.9.3 How unwrapping works. If you hold a Third-Party LST in your Coinbase Account and meet the eligibility requirements, you may instruct Coinbase to unwrap it. Coinbase will undertake blockchain operations on your behalf to submit a redemption request to the third-party protocol, sending the Third-Party LST to the protocol in exchange for the corresponding amount of the underlying staked asset at the pertinent conversion rate. The underlying staked asset and any accrued rewards (as factored into the conversion rate) will remain locked in the third-party protocol until you instruct Coinbase to unstake those assets and the protocol unstaking process is complete. Unwrap requests may not be processed immediately and may be subject to the timing of the underlying blockchain network and the third-party protocol.
2.9.4 Coinbase’s role. Coinbase undertakes blockchain operations to facilitate the wrapping and/or unwrapping of a Third-Party LST on your behalf. Coinbase does not govern the third-party protocols or the underlying blockchain networks.
2.9.5 Eligibility and availability. Geographic restrictions and limitations may apply, and eligibility is subject to change without prior notice.
2.9.6 Terms of use. By wrapping a staked asset into a Third-Party LST or unwrapping a Third-Party LST into the underlying staked asset, you agree that:

(a) Once wrapped, you cannot redeem the underlying staked asset or claim its accrued rewards except by unwrapping the Third-Party LST as described in Appendix 3, Section 2.9.3.
(b) The staked asset underlying a Third-Party LST is subject to validator-level and protocol-level penalties (which may include slashing on networks that implement it) and other protocol-level risks.
(c) Coinbase  does not guarantee the value of the underlying staked asset or any accrued rewards, and is not responsible for any decrease in value, including any decrease from validator-level or protocol-level penalties incurred at the third-party protocol level.
(d) The market price of a Third-Party LST may differ from the implied value of the underlying staked asset.
(e) Coinbase does not guarantee a successful unwrap, exchange, or sale of any Third-Party LST, and will not backstop or otherwise intervene to provide Third-Party LST liquidity.
(f) Coinbase does not guarantee the security or functionality of any third-party protocol, software, or technology related to a Third-Party LST and is not responsible for losses caused by their failure.
(g) Coinbase  does not own or control the underlying blockchain network or the third-party staking protocol. Each Third-Party LST is subject to Section 4.14 of this Agreement, like other Digital Assets.
(h) Regulatory actions could affect any Third-Party LST and limit the services Coinbase  can provide with respect to it.

3.1. General.

Coinbase India  offers, and eligible users may access, an order book for various Supported Digital Assets and fiat currency trading pairs (each an “Order Book”) on the coinbase.com (“Advanced Trading”). See your Coinbase Account to see what Order Books are available within Advanced Trading. Coinbase  does not offer Advanced Trading to customers in all jurisdictions. By accessing Advanced Trading or the Coinbase  API for Advanced Trading, you accept and agree to be bound by the Trading Rules available at https://www.coinbase.com/legal/trading_rules (the “Trading Rules”).

4.1. Decentralized Protocols. Coinbase India may provide users the ability to access one or more third-party decentralized protocols using a native interface inside the Site (each, a “Decentralized Protocol Integration”).  This section describes the terms that govern your use of any Decentralized Protocol Integration, and by using any Decentralized Protocol Integration, you agree to be bound by these terms.  

4.2. Third Party Services and Environments. The Decentralized Protocol Integrations allow you to access third-party services, such as decentralized exchanges or other services (“Third Party Services”), and enable you to interact with such Third Party Services using your Smart Wallet (as defined below).  We provide access to Third Party Services only as a convenience, do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products, assets, or services on or accessible from those Third Party Services (including any related websites, resources or links displayed therein). When accessing and transacting on or with Third Party Services, you understand that unless otherwise stated, you are at no time transacting with any member of the Coinbase Group, or transferring your assets to any member of the Coinbase Group.  Your use of any Third Party Service may also be subject to additional terms and conditions between you, on the one hand, and the provider(s) of such Third Party Service, on the other hand.

4.2.1. Risks of using Third Party Services. Third Party Services, such as decentralized exchanges, may provide access to services and assets that have high risks of illiquidity, devaluation, lockup, or loss.  Before you initiate any transaction with or through a Third Party Service, it is important for you to understand that you are transacting directly with a third party that is not affiliated with any member of the Coinbase Group.  You should assume that we have not verified the safety or legitimacy of any Third Party Service, and have not reviewed (or approved of) the services it provides or any representations it has made.  It is your responsibility to ensure that you fully understand the nature of the services being provided by any Third Party Service, including the financial risks that you may be exposed to as a result of using such Third Party Service.

4.2.2. Unsupported Digital Assets. If you access a Third Party Service that enables you to obtain a digital asset that is not supported on the Site in your country of residence, you will not be permitted to transfer such digital asset from your Smart Wallet to the hosted digital wallet associated with your Coinbase account.

4.2.3. Publicly Available Information. When you interact with any Third Party Service through the Decentralized Protocol Integrations, we may display on the Site information about your onchain activities and transactions that is publicly available on the blockchain and/or provided by such Third Party Service.  You should assume that we have not verified the accuracy of any such information, and neither Coinbase India nor any other member of the Coinbase Group will be liable for any losses that you may incur as a result of relying on such information.

4.2.4 By accessing Third Party Services such as decentralized lending protocols for depositing your assets into lending vaults, you acknowledge and agree that we act solely as a technology provider facilitating your direct interaction with such decentralized lending protocols and their associated vaults. We do not hold custody of your digital assets deposited into the vaults, nor do we act as a financial institution, lender, or borrower in providing Third Party Services. You understand that participation in decentralized lending protocols involves inherent risks, including but not limited to smart contract vulnerabilities, oracle failures, market volatility, liquidation risks, and the risk of losing your funds due to borrower defaults or other protocol failures. All lending and borrowing activities, including interest rates and liquidation thresholds, are governed by the smart contracts of the relevant third party lending protocols, over which we have no control. While we may facilitate access to certain lending vaults, we provide no guarantee of returns, and you assume full responsibility for assessing and accepting all associated risks.

4.2.5 Fees. You may incur charges from third parties for your use of any Third Party Services. For example, you may be charged fees by a decentralized exchange that you access via a Decentralized Protocol Integration. Unless otherwise stated, third-party fees are not charged by, nor paid to, Coinbase India or any other member of the Coinbase Group. Any fee charged by us or another member of the Coinbase Group in connection with your use of a Decentralized Protocol Integration or your Smart Wallet will be designated as such, and presented before you submit your transaction. 

4.3. Smart Wallets. 

4.3.1. Set-Up. In order to use a Decentralized Protocol Integration, you will need to set up a self-custodial crypto wallet (a “Smart Wallet”) that enables you to (i) store digital assets; (ii) access and interact with Third Party Services; (iii) broadcast transactions on digital asset networks, and (iv) use additional functionality as we may add from time to time.

4.3.2. Onchain Transactions. Your Smart Wallet enables you to interact with Third Party Services by signing onchain transactions (each, an “Onchain Transaction”), including transactions that transfer digital assets between your Smart Wallet and other external wallets.  Onchain Transactions that you sign using your Smart Wallet cannot be reversed once they have been broadcast to the relevant digital asset network (although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators). Neither Coinbase India nor any other member of the Coinbase Group controls the digital asset network(s) on which the Third Party Services operate, and makes no guarantees that an Onchain Transaction will be confirmed by the relevant digital asset network(s).  Accordingly, Section 4.14 of the User Agreement will be deemed to govern, mutatis mutandis, your use of any digital asset network in connection with an Onchain Transaction that you sign using your Smart Wallet. 

4.3.3. Pending Transactions. Once an Onchain Transaction is submitted to a digital asset network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to allow confirmation of the transaction by the digital asset network. An Onchain Transaction is not complete while it is in a pending state. Pending Onchain Transactions that are initiated from a Smart Wallet will reflect a pending transaction status and are not complete while the transaction is pending.  Neither Coinbase India nor any other member of the Coinbase Group is liable for any losses you may incur as a result of issues with the relevant digital asset network (e.g., network outages or excessive network congestion) that causes any Onchain Transaction initiated from your Smart Wallet to remain in a pending state for an extended duration.

4.3.4. Ownership and Control. You own and control the digital assets in your Smart Wallet and bear all risks of loss. Neither Coinbase India nor any other member of the Coinbase Group is liable for any fluctuations or losses, including those from using Third Party Services.  At any time, subject to outages, downtime, and other applicable policies, you may transfer the digital assets you hold in your Smart Wallet to a different self-custodial wallet address. 

4.3.5. Fees. You may incur charges from third parties for your use of any Third Party Services. For example, you may be charged fees by a decentralized exchange that you access via a Decentralized Protocol Integration. Unless otherwise stated, third-party fees are not charged by, nor paid to, Coinbase India or any other member of the Coinbase Group.  Any fee charged by us or another member of the Coinbase Group in connection with your use of a Decentralized Protocol Integration or your Smart Wallet will be designated as such, and presented before you submit your transaction.

4.3.6. Supported Assets. Neither Coinbase India nor any other member of the Coinbase Group assumes any responsibility in connection with any attempt to use your Smart Wallet to store, receive or otherwise transact with any digital asset that Coinbase does not support.  We may in our sole discretion terminate support on the Site for viewing or interacting with any particular digital asset you have in your Smart Wallet.  As such, if you or a third party sends digital assets to your Smart Wallet from an external wallet, you understand and agree that you may not be able to access such digital assets through the Site.  If you obtain in your Smart Wallet a digital asset for which we have terminated support, you may be required to either transfer such digital asset from your Smart Wallet to an external wallet address or eject your Smart Wallet. Services and supported assets may vary by jurisdiction.

4.3.7. Smart Wallet Recovery. If you lose or delete the authentication key that you used to create and secure your Smart Wallet, we may provide you with the ability to add or replace your authentication key to control your Smart Wallet in order to regain access.  In order to do so, you will need to be logged into your Coinbase account. You may be required to initiate the recovery process from the Site.  Your authentication key is stored directly on your device; Coinbase does not have access to your authentication key and cannot initiate the recovery process on your behalf.  Only someone with access to your Coinbase account can recover your authentication key.

4.4. Access. Your Smart Wallet and the Decentralized Protocol Integrations (together, the “Decentralized Services”) can be accessed directly using the Site. Access to Decentralized Services may become degraded or unavailable, including during times of significant volatility or volume. This could result in significant support response time delays. Although we strive to provide you with excellent software service, we do not represent that the Site or Decentralized Services will be available without interruption and we do not guarantee that any transaction you attempt to complete using your Smart Wallet will be confirmed, executed, or remain open. Neither Coinbase India nor any other member of the Coinbase Group shall be liable for any losses resulting from or arising out of delays in processing transactions, inability to sign or execute transactions, or lack of timely response from customer support. For example, if you are locked out of your Coinbase account, it is possible that the value or price of the digital assets, including those held in your Smart Wallet, might go down before your access is restored. Neither Coinbase India nor any other member of the Coinbase Group shall be liable for any alleged losses that you suffer due to a drop in digital asset values or prices.

Coinbase makes available a platform (the “Token Sale Platform”) where developers of certain digital assets (“Sellers”) will be able to sell those digital assets (“Sale Tokens”) to eligible users (such sales, “Sales”) (together the “Token Sale Services”).  By accessing the Coinbase Token Sale Platform and purchasing Sale Tokens, you agree to be bound by these additional terms (“Token Sale Terms”). Token Sale Services are facilitated by Coinbase India.

5.1. Role of the Token Sale Terms. These Token Sale Terms govern the basis upon which Coinbase will provide you with the Token Sale Services and your use of those Token Sale Services, including within the Coinbase Site. These Token Sale Terms should be read in conjunction with this User Agreement.

5.2. Where to Find Information.  The Token Sale Platform for a particular Sale will display certain information related to the Sale, such as the price per Sale Token or the manner of determining price, the minimum and maximum allocation to each purchaser, the manner of allocation, the Supported Digital Assets that are eligible for use as payment, and the start date (the “Opening Date”) and end date (the “Closing Date”) from and to which the Sale Tokens will be available for sale. Prices for tokens on the Token Sale Platform may be displayed in fiat or Supported Digital Assets, but will be payable only in the Supported Digital Assets that are eligible for use as payment.

5.3. Purchasing Sale Tokens. To place an order to purchase Sale Tokens, you must have the required amount of eligible Supported Digital Assets in your Coinbase Account to complete such purchase. On the Opening Date, Coinbase will allow you to commit an amount of eligible Supported Digital Assets determined by you to purchase the relevant Sale Tokens, which will be subject to minimum and maximum allocations and any restrictions you place on your order, if applicable. Such orders constitute a standing specific instruction from you to execute an order to purchase Sale Tokens on the Token Sale Platform.

5.4. Committed Digital Assets. Any Supported Digital Assets that are necessary to fulfill your purchase obligation in full will be committed from the time you place your order (“Committed Digital Assets”). When you place an order on the Token Sale Platform, you authorize Coinbase to lock these Committed Digital Assets until completion of the Sale in a Digital Asset Wallet designated to your Coinbase Account. For the avoidance of doubt, Committed Digital Assets will continue to be held  pursuant to Section 4.19  of this User Agreement until transferred to the Seller for settlement on the Closing Date. Your Committed Digital Assets are a request for Sale Tokens and your allocation request may not be filled in its entirety, or at all. The maximum allocation that you can request may be dependent on eligibility. You acknowledge and agree that you will not be able to trade, transfer or withdraw any of the Committed Digital Assets, or modify your request, until the earlier of: (a) the cancellation of the Sale process pursuant to Section 5.7; or (b) the final allocation of Sale Tokens pursuant to Section 5.5, in which case if you did not receive your full allocation you will be free to transfer or withdraw the amount of Committed Digital Assets that were not used to purchase Sale Tokens.

5.5. Sale Completion / Allocation. Following the Closing Date, unless the Sale has been cancelled pursuant to Section 5.7, Coinbase will credit your Digital Asset Wallet with the Sale Tokens you have been allocated and purchased from the Seller, and transfer the corresponding value of Committed Digital Assets to the Seller. Sale Tokens credited to your Digital Asset Wallet are treated as Supported Digital Assets and subject to Section 4.19 of this User Agreement.

5.6. Fees. Coinbase may charge a fee in connection with your order to purchase Sale Tokens and by placing an order on the Token Sale Platform, you agree to pay all applicable fees. To the extent any fee is charged in connection with the Token Sale Platform, information is available here and will be disclosed to you at the time you place such an order.

5.7. Sale Cancellation. The Seller or Coinbase may cancel a Sale after it has begun, in which case, to the extent Coinbase is holding any of your Committed Digital Assets, Coinbase will release such Committed Digital Assets within 25 calendar days from the date of the Sale cancellation, they shall cease to be committed to the relevant Sale and you will be able to transfer or withdraw them. 

5.8. Transaction counterparties. In a Sale, you are purchasing Sale Tokens directly from the Seller. Sale Tokens are priced by the Seller. Coinbase India acts solely as a facilitator of the transaction.You acknowledge and agree that Coinbase is not the seller, underwriter, guarantor or issuer of any Sale Tokens, and by purchasing Sale Tokens, you are entering into an agreement (the terms of which may be displayed on the Token Sale Platform) to purchase the Sale Tokens from Seller. Coinbase is not responsible for any failure by the Seller to comply with the terms of any agreement between you and the Seller, whether set forth on the Token Sale Platform or in other terms provided by the Seller or its related parties. 

5.9. Sale Disclosures. Certain information regarding the Seller and/or Sale Tokens (including but not limited to a whitepaper, description of the Sale Tokens or any associated protocol, or other disclosure materials) may be provided on the Coinbase Site in connection with a Sale (“Sale Disclosures”). The content of the Sale Disclosures is provided by Seller and is for general informational purposes only. Coinbase does not verify information provided by Seller on the Sale Disclosures and makes no assurance, representations or warranties, express or implied, regarding the accuracy, completeness, or sufficiency of the information provided and shall have no liability for any inaccuracies in such materials.

5.10. Exclusion of Warranties. Without limitation of Sections 10.3 and 10.6 of these Terms, Coinbase makes no warranty with respect to any Sale Tokens, including any warranty of title, merchantability, fitness for a particular purpose and/or non-infringement, that the Sale Tokens will be free from errors, glitches, bugs, viruses or other malicious software, that the Sale Tokens or any associated protocol will function as described in any materials provided by the Seller or that any associated protocol will launch, that Seller has complied with applicable law in connection with the issues, development, or sale of the Sale Tokens, or that the use of Sale Tokens or any associated protocol will comply with applicable law. Coinbase does not guarantee that there will be a market in Sale Tokens or that Sale Tokens will maintain any specific price level. Coinbase may cease to support any Sale Tokens (as Supported Digital Assets) following the delivery thereof to your Coinbase Account, and in that case you may need to withdraw your Sale Tokens. Without limiting the foregoing, you assume all risks and liabilities associated with the purchase, sale or use of any Sale Tokens. You are encouraged to consult your own independent advisors before making any decisions based on the content of the Coinbase Site.

5.11. Limitation of Liability. COINBASE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT SELLERS AND THEIR ASSOCIATED PERSONS, SALE TOKENS, THE ASSOCIATED PROTOCOLS, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES OR ANY INFORMATION PROVIDED BY ANY OF THEM INCLUDING, BUT NOT LIMITED TO, THE SALE DISCLOSURES (“THIRD PARTY SERVICES”). YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, OR RESOURCES, INCLUDING RISK OF LOSS FOR ASSETS UTILIZED WITHIN OR TRADED THROUGH SUCH THIRD-PARTY SERVICES. IN NO EVENT WILL COINBASE BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THIRD PARTY SERVICES. THIS SECTION OPERATES IN ADDITION TO ANY LIMITATION OF LIABILITY EXPRESSED ELSEWHERE IN THIS USER AGREEMENT. 

5.12. Eligibility. In order to use the Token Sale Platform, you must (a) have a registered Coinbase account, (b) have successfully completed identity verification on your account, and (c) be in good standing and eligible to transact on the Coinbase platform. We reserve the right to not offer the Token Sale Platform to you at our discretion. Your eligibility to purchase Sale Tokens in any particular Sale will be based on criteria determined by Coinbase and the Seller in such Sale, and may be different for different Sales.

5.13. Connected Persons. You may not place an order for Sale Tokens if you are an employee, officer, director or contractor of the Seller, its affiliates, or any other entity involved in the development of the Sale Tokens or any associated protocol. 

5.14. Information Disclosure. By using the Token Sale Platform, you acknowledge that Coinbase may share certain information with the Seller for purposes related to the sale and delivery of the Sale Tokens, or as required in accordance with our Privacy Policy.

5.15. Prohibited Use. Your participation in a Sale is subject to our Prohibited Use Policy. In addition, you must not participate in a Sale in a manner which is unfair, abusive, manipulative, or illegal in any way. If you receive information which may amount to inside information in connection with any Sale, you may not participate in that Sale, and you must not unlawfully disclose that information to another person.

6.1. Using Coinbase Custom Stablecoins. In some jurisdictions, Coinbase India may make available to you the ability to wrap (which may be displayed as ‘buy’), ‘unwrap’ (which may be displayed as ‘sell’), hold, or transfer certain Digital Assets that are issued by Coinbase, or its affiliates but bear the branding of third-party partners (each, a “CCS Partner”) (such Digital Assets, “CCS”). Each CCS is designed to be backed one-to-one by USDC (“Reserve Asset”).  To wrap or unwrap a CCS through Coinbase India, you will need to be a Coinbase India customer with a Coinbase Account in good standing. Additional geographic restrictions may apply, and eligibility is subject to change. By electing to wrap into a CCS, you understand and agree that:

6.1.1. Each CCS represents an ownership interest in a corresponding Reserve Asset held by Coinbase in accordance with, and subject to the conditions set forth in Section 4.1.3 of this Appendix 3. By obtaining a CCS, you retain (for so long as you hold the CCS) title to, and bear all risk of loss of, the underlying Reserve Asset.

6.1.2. Selling or otherwise transferring a CCS automatically transfers ownership of an underlying Reserve Asset and the right to unwrap described in Section 4.3 below, and transfers title to, and risk of loss of, the Reserve Asset, subject to the terms of this Agreement.

6.1.3. The Reserve Asset backing a CCS is held by Coinbase as a custodial asset for the benefit of holders of such CCS, and ownership of and title to these assets shall remain with the holders and not transfer to Coinbase India or Coinbase. Section 4.19 of the User Agreement shall apply, mutatis mutandis, to any Reserve Asset held on behalf of holders of a corresponding CCS to the same extent as any Reserve Asset held by Coinbase on behalf of Coinbase India customers.

6.1.4. CCS are ERC-20 and/or SPL tokens and may be compatible with protocols or other software or technology provided by third parties.

6.2. Certain Risks. In addition, you understand, agree and accept the following risks associated with electing to wrap, unwrap, hold, or transfer any CCS:

6.2.1. CCS is not legal tender and is not backed by any government. CCS is not subject to deposit insurance protection.

6.2.2. Neither Coinbase India nor Coinbase guarantees the value of a Reserve Asset held on behalf of holders of a corresponding CCS.

6.2.3. Neither Coinbase India nor Coinbase is responsible for any change in the value of a Reserve Asset held on behalf of holders of a corresponding CCS.

6.2.4. The external price of a CCS could diverge from the price of a corresponding Reserve Asset because of market fluctuations or CCS Partner-specific risks. In case of a significant price dislocation, Coinbase India may exercise its right to pause unwrappings in accordance with Section 4.3.2 of this Appendix 3.

6.2.5. Neither Coinbase India nor Coinbase guarantees that obtaining a CCS will result in a successful exchange or sale of such CCS, and neither Coinbase India nor Coinbase will have any obligation to backstop or otherwise intervene to guarantee liquidity of such CCS.

6.2.6. Neither Coinbase India nor Coinbase guarantees the security or functionality of any protocol, software, or technology intended to be compatible with a CCS and is not responsible for any losses due to the failure of any such protocol, software or technology.

6.2.7. As with protocols for other Digital Assets, neither Coinbase India nor Coinbase  owns or controls the underlying protocols which govern the operation of any CCS. Accordingly, all CCS are subject to Section 4.14 of the User Agreement, like other Digital Assets.

6.2.8. As with other Digital Assets, a CCS could be impacted by one or more regulatory actions, which could impede or limit the services we can provide with respect to such CCS.

6.2.9. Neither Coinbase India nor Coinbase guarantees the reputation, solvency or business continuity of the CCS Partner associated with a CCS. You acknowledge and agree that the value and utility of a CCS may be influenced by the actions, omissions, or public perception of the CCS Partner. Neither Coinbase India nor Coinbase is responsible for any decrease in the value or utility of a CCS.

6.2.10. Neither Coinbase India nor Coinbase guarantees that a CCS will be accepted, recognized, or utilized for any specific goods, services, or ecosystem benefits. Neither Coinbase India nor Coinbase is responsible for any change in the utility associated with a CCS.

6.2.11. Coinbase (including Coinbase India) reserves the right to terminate or suspend its arrangement with a CCS Partner or delist a CCS at any time. In such an event, Coinbase India may provide you with a period of time to convert your CCS into the underlying Reserve Asset or another Supported Digital Asset, as determined by Coinbase India.

6.3. Unwrapping/Redemption of a CCS

6.3.1. To successfully ‘unwrap’ your CCS, you will need to be a customer of either Coinbase India or Coinbase with a Coinbase Account in good standing. Additional geographic restrictions may apply, and eligibility is subject to change. Requests to unwrap CCS through Coinbase India (which, for the avoidance of doubt, will result in you instructing Coinbase India to unwrap such CCS and deposit the corresponding Reserve Asset to your Digital Asset Wallet on a 1:1 basis, minus any Coinbase fees) may not be processed immediately.

6.3.2. Additionally, Coinbase India may, in our reasonable discretion, (i) pause unwrappings of any CCS for a corresponding Reserve Asset if there is a significant dislocation in the external market price of such CCS relative to a corresponding Reserve Asset that, in Coinbase India’s sole discretion, suggests that the smart contracts or other technology or security features supporting such CCS have been compromised, (ii) refuse an unwrapping request if we suspect that the CCS being presented for unwrapping was acquired through fraudulent means, (iii) pause unwrapping if we otherwise suspect that the security of the smart contracts used to mint and burn the applicable CCS has been compromised, or (iv) refuse an unwrapping request if the arrangement with the CCS Partner has been terminated or suspended, or the CCS has been delisted.

6.3.3. Pursuant to the terms of this Agreement, a holder of a CCS holds an ownership interest in a corresponding Reserve Asset custodied by Coinbase in accordance with Section 4.1.3 above. In the event of a shortfall in the amount of the Reserve Asset held by Coinbase, Coinbase’s liability vis-a-vis any holder of such CCS will be limited to such holder’s pro rata share of the shortfall amount. 

6.4. Additional Terms

6.4.1. Coinbase India may charge a fee in connection with a request to wrap or unwrap a CCS, and any such fee will be disclosed to you at the time you initiate such request. Any changes to such fees will be effectuated in accordance with Section 2.4 of the User Agreement.

6.4.2. We reserve the right to treat any version of a CCS that has been created by a third party (e.g., via a third party wrapper or bridge to an unsupported network) (“Third Party Wrapped CCS”) as an unsupported Digital Asset in accordance with Section 4.9 of the User Agreement. This means that we may refuse or be unable to unwrap any Third Party Wrapped CCS that is sent to your Digital Asset Wallet for the corresponding Reserve Asset, which may result in irreversible loss of such Third Party Wrapped CCS.  Do not send Third Party Wrapped CCS to your Digital Asset Wallet.

6.4.3. Coinbase reserves the right to upgrade the CCS smart contracts at any time. In such event, we may require you to migrate your CCS to a new smart contract address. Coinbase India may take any technical steps necessary or appropriate to effectuate such upgrades for CCS held in your Digital Asset Wallet. 

6.4.4. You understand and agree that the underlying software protocols may be subject to sudden changes in operating rules (including “forks”). In the event of a fork, Coinbase may temporarily suspend CCS operations (including wrapping, unwrapping, and transferring), and Coinbase India may temporarily suspend its support for CCS operations, without notice. Coinbase (including Coinbase India) will determine in its sole discretion which version of the underlying protocol to support, if any. 

6.4.5. Coinbase may freeze the CCS held in a Digital Asset wallet address as required by law or any court or other authority to which Coinbase is subject in any jurisdiction. 

6.4.6. If the CCS in your Digital Asset wallet address is frozen in accordance with Section 4.4.5 of this Appendix 3, you may be permanently unable to transfer or unwrap any CCS associated with such address.

7.1 Overview. Where this functionality is made available to you, you may be able to initiate Derivatives-Account Spot Trades (the purchase or sale of one Supported Digital Asset for another asset or for fiat currency) from within your derivatives account or portfolio. This includes spot trades entered into to acquire, convert or realise assets used (or to be used) as collateral or Margin in connection with your Digital Asset Derivatives Services, as well as other spot trades you choose to make from that account or portfolio.

7.2 Who provides the spot service. Although a Derivatives-Account Spot Trade is initiated from within your derivatives account or portfolio, the spot trading service itself is not a derivatives service. Each Derivatives-Account Spot Trade is provided to you by, and entered into with, your Spot Entity i:e Coinbase India. Coinbase India  is your Linked Coinbase Entity acting in its capacity as the provider of spot trading services to you, and your Spot Terms form part of your Linked Account Terms. Where Coinbase India provides spot trading services to you, that entity is Coinbase India in respect of those services. Coinbase India, the applicable Spot Terms, and the available Supported Digital Assets and trading pairs may vary and change from time to time, in each case as determined by Coinbase India and notified to, or made available to, you via the Coinbase Platform.

7.3 Role of Coinbase India. In connection with a Derivatives-Account Spot Trade, Coinbase India act only in the capacity as a non-exclusive distributor and reseller of exchange and infrastructure services sourced from Coinbase, Inc. as described in this Agreement and in any applicable Spot Terms (which may include acting as custodian of the relevant Supported Digital Assets, as operator of the Coinbase Platform through which the trade is initiated, and/or as a provider of order-routing or technology services). Unless expressly stated in your Spot Terms, no Coinbase entity acts as your counterparty, broker, dealer or execution venue in respect of a Derivatives-Account Spot Trade, and the execution, settlement, booking and regulatory treatment of that trade are matters for your Coinbase India and the relevant execution venue.

7.4 Order routing and execution. You acknowledge and agree that a Derivatives-Account Spot Trade may be transmitted, routed and executed through the systems and infrastructure of one or more members of the Coinbase Group and/or third parties (which may include the Operator of the Deribit Exchange acting solely as a technology and connectivity provider, and the spot exchange operated by Coinbase, Inc.), and that such routing does not make any such party your counterparty or the provider of the spot service to you, except as expressly set out in the applicable Spot Terms.

7.5 Custody, collateral and Margin. Supported Digital Assets resulting from, or applied to settle, a Derivatives-Account Spot Trade will be credited to or debited from your account or portfolio and held, transferred and (where applicable) applied as collateral or Margin in accordance with this Agreement, including Section 5.19 (Security Interest) and the Deribit Exchange Documents. You authorise Coinbase India to give effect to, and to make the transfers, debits, credits and book entries necessary or appropriate in connection with, each Derivatives-Account Spot Trade (including any conversion of collateral and any movement of assets between your derivatives account or portfolio and any spot account or your Linked Coinbase Account, in either direction), without further authorisation, notice to or consent from you.

7.6 Fees. Fees, commissions, spreads and charges in respect of a Derivatives-Account Spot Trade may be charged byCoinbase India, the Operator of the Deribit Exchange and/or the relevant execution venue and, where applicable, collected by or on behalf of any of them (including by or on behalf of Coinbase India), in each case as set out in the applicable fee schedule published on the Coinbase Platform or in your Spot Terms. Section 2 (Service) applies to amounts owed to Coinbase India in connection with a Derivatives-Account Spot Trade.

7.7 Different protection regimes. Your Spot Terms form part of your Linked Account Terms, and the provisions under this agreement apply to Derivatives-Account Spot Trades and to any assets held with, or services provided by, Coinbase India accordingly.

7.8 Eligibility and availability. Derivatives-Account Spot Trading is an Additional Service, is subject to the applicable Eligibility Criteria and to your having accepted the applicable Spot Terms, and may be added, varied, suspended, restricted or withdrawn (including in particular jurisdictions or for particular clients) at any time in accordance with this Agreement. Coinbase India may decline to make Derivatives-Account Spot Trading available to you, or may require you to transact spot through a different account, surface or entity, where necessary to comply with applicable law or the requirements of your Coinbase India.

7.9 No liability for Coinbase India. Without prejudice to Section10 (Liability), Coinbase is not responsible or liable for any act, omission, default or insolvency of your Coinbase India or any execution venue in respect of a Derivatives-Account Spot Trade, or under your Spot Terms, save in the case of that Coinbase entity’s own fraud, gross negligence or wilful default in respect of the role it actually performs.

1.1 Digital Asset Derivatives Services Mechanics. Coinbase India provides the service of executing Orders on derivative contracts (the “Digital Asset Derivatives Services”), including but not limited to perpetuals, futures, options and options on futures (which can either be linear, inverse, or swaps) on a range of assets, prices and values as the underlying (each a “Derivative Contract”) on your behalf on the Deribit Exchange. 

1.2 Definitions. For the purpose of this ‎Appendix 4, the following concepts shall have the following meaning:

A. “Client Classification” means the classification assigned to you by Coinbase India under this Agreement, as further described in Section 2A (Client Classification; Eligibility; Product Availability)

B. “Confirmation” means a written confirmation provided to you by Coinbase India, confirming the execution of your Order on the Deribit Exchange and the Trade you are entering into, including but not limited to the Settlement date;

C. “Contract Date” means the date when the Derivative Contract is entered into;

D. “Cross Collateral Currencies” means those Supported Digital Assets (and, where applicable, Fiat) which the Deribit Exchange permits to be used as collateral across different Settlement Currencies, as set out in the Deribit Exchange Documents and as notified via the Coinbase Platform from time to time;

E. “Cross Collateral Portfolio Margin” means the Margin mechanism under which all Positions in your Coinbase Account are margined on a portfolio basis using a risk-based model, where risk offsets are applied among Positions within the same currency (settlement-currency book) and are not applied across different currencies, and where Equity across all Cross Collateral Currencies is pooled and expressed in a single reference Settlement Currency (subject to haircuts), in each case in accordance with the Deribit Exchange Documents;

F. “Cross Collateral Standard Margin” means the Margin mechanism under which each Position is margined independently within your Coinbase Account (with the Margin Requirement calculated on a per-Position basis), and the Margin Balance is determined by aggregating the value of all Equity held across all Cross Collateral Currencies in your Coinbase Account into a single reference Settlement Currency, in each case in accordance with the Deribit Exchange Documents;

G. “Contract Specifications” means the procedures and rules applicable to trading specific Digital Assets, Derivative Contracts or classes thereof, on the Deribit Exchange, available through the Coinbase Platform; 

H. “Equity” means, in respect of any Supported Digital Asset (or Fiat) held in your Coinbase Account, the total value of all Positions, Fiat and Supported Digital Assets in that Account expressed in that currency, in each case as calculated by Coinbase India in accordance with the Deribit Exchange Documents and as displayed on the Coinbase Platform;

I. “Fast Market” means a market condition (which may change over time and may vary based on the underlying asset) where due to high levels of price volatility in a particular Derivative Contract, the price of that Derivative Contract deviates by more than a pre-determined range, for example, if the price deviates more than ten (10) percent of the market price within the preceding sixty (60) minutes. The Fast Market conditions will be set out on the Website;

J. “Insurance Fund” means the total amount of Liquidation Fees (comprising Digital Assets and contributions from the Operator of the Deribit Exchange as it may deem necessary from time to time), minus any applicable taxes, available to cover for losses when your Coinbase Account is bankrupt after the Liquidation Process;

K. “Liquidation Fee” means the fee which a client may be required to pay upon the liquidation of its Positions and/or Trades;

L. “Liquidation Process” has the meaning given to it in Section ‎6 (Liquidation Process on the Deribit Exchange);

M. “Margin Balance” means:

1. on a Segregated Standard Margin account: the Equity minus the Mark Price of each long option Position multiplied by the size of that Position, calculated on a per-Supported Digital Asset type basis (rather than on an aggregated basis);

2. on a Segregated Portfolio Margin account: the Equity, calculated on a per-Supported Digital Asset type basis (rather than on an aggregated basis);

3. on a Cross Collateral Standard Margin account: the Equity in a single reference Settlement Currency selected by the Deribit Exchange (for example, USDC), calculated as the sum of: (1) the Equity held in that reference Settlement Currency; and (2) the equivalent value (in that Settlement Currency) of the Equity held in other Cross Collateral Currency, less the equivalent value (in that reference Settlement Currency) of any long of any long option Positions in the account; and

4. on a Cross Collateral Portfolio Margin account: the Equity in a single reference Settlement Currency selected by the Deribit Exchange, being the sum of (i) the Equity held in that reference Settlement Currency, plus (ii) the equivalent value (in that reference Settlement Currency) of the Equity held in each other Cross Collateral Currency, in each case determined using a risk-based model that takes into account all instruments, with risk assessed on a per-currency basis and Equity pooled across Cross Collateral Currencies into the reference Settlement Currency.,

in each case as calculated by Coinbase India in accordance with the Deribit Exchange Documents and as displayed on the Coinbase Platform;

N. “Mark Price” means the fair value, calculated for any underlying asset, in order to determine the value of a Position and the Margin Requirements for that Position;

O. “Member” means a member of the Deribit Exchange, entitled to access and trade on the Deribit Exchange directly and in its own name, in accordance with the Deribit Exchange Documents. Coinbase India is a Member;

P. “Mistrade” means a Trade or trading conditions where:

1. the traded price for the Derivative Contract deviates more than Mistrade Range; and is subsequently declared as a Mistrade by the Deribit Exchange.

2. In the absence of a Mark Price or a discussion about the Mark Price, the Deribit Exchange may, in its sole discretion, consult two (2) market makers in that particular Derivative Contract to obtain a Mark Price;

Q. “Mistrade Range” means the percentage price ranges from the relevant Deribit Exchange index price or Mark Price that an underlying asset may deviate from under normal market conditions as set out in a table published and updated from time to time by the Operator of the Deribit Exchange on the Website;

R. “Position” means any outstanding commitment you have in connection with the Trade executed on your behalf; 

S. “Retail Client” means the Client Classification assigned to you by Coinbase India unless we notify you otherwise, as further described in Section 2A (Client Classification; Eligibility; Product Availability)

T. “Segregated Portfolio Margin” means the Margin mechanism under which all Positions in respect of a particular Supported Digital Asset in your Coinbase Account are margined on a portfolio basis, with the Margin Balance determined using a risk-based model that assesses the maximum loss that may occur in your portfolio for that Supported Digital Asset under the price and volatility scenarios prescribed by the Deribit Exchange Documents,, calculated on a per-Supported Digital Asset basis, rather than on an aggregated, multi-asset basis;

U. “Segregated Standard Margin” means the Margin mechanism under which each Position is margined independently within your Coinbase Account, calculated on a per Supported Digital Asset basis, 

V. “Settlement Currency” means the Digital Asset (or, where applicable, fiat currency) in which a Trade settles; and

W. “Trading Session” a twenty-four (24) hour period from 08:00 UTC to 08:00 UTC per calendar day.

X. “Underlying Principal” means a person, including you, for whose account a Member places Orders and enters into Trades on the Deribit Exchange, and who does not itself have any direct relationship with, or status as a client of, the Operator of the Deribit Exchange.

1.3 Custody. Coinbase India may also provide Custody Services in respect of Supported Digital Assets as further described in ‎section 4.19 of this Agreement. Any such Custody Services are separate from, but may be used in connection with, the Digital Asset Derivatives Services as further described in Section 4A..

1.4 List of Pairs and Products. A representative list of Derivative Contracts that may be traded via the Digital Asset Derivatives Services is set out on the Website and the Coinbase Platform, as such list may be amended and updated from time to time.

1.5 Access via the Coinbase Platform. The Derivative Brokerage Services can be accessed via an API (where available and eligible), mobile and/or web-based application through the Coinbase Platform.

1.6 Compliance with the Deribit Exchange Documents. You acknowledge that Trades, Orders, Positions, margining, liquidation, settlement and related matters on the Deribit Exchange are governed by the Deribit Exchange Documents. As between you and Coinbase India, and without creating any direct relationship between you and the Operator of the Deribit Exchange (see Section 2.1 (Capacity)), you agree to comply with the Deribit Exchange Documents (as amended by the Operator of the Deribit Exchange from time to time) as they apply to your Orders, Trades and Positions, and to do all things reasonably necessary to enable Coinbase India, as a Member of the Deribit Exchange, to comply with its own obligations to the Operator of the Deribit Exchange in respect of your use of the Digital Asset Derivatives Services. The Deribit Exchange Documents may be amended by the Operator of the Deribit Exchange in accordance with its terms, and any such amendment will be effective in accordance with the Deribit Exchange Documents without the need for any amendment to this Agreement.

A. Certain provisions of this Agreement describe matters that are also addressed in the Deribit Exchange Documents. In the event of any conflict or inconsistency between this Agreement and the Deribit Exchange Documents in relation to the operation of the Deribit Exchange and the execution, margining, liquidation, settlement or close-out of Trades, Orders or Positions on the Deribit Exchange (including Margin Requirements, Mark Price, settlement times, liquidation, the Insurance Fund and socialised loss), the Deribit Exchange Documents shall prevail to the extent necessary to resolve that conflict or inconsistency. For the avoidance of doubt, this paragraph applies only to activity governed by the Deribit Exchange Documents; where this Agreement governs any Coinbase Service, product or feature that is not governed by the Deribit Exchange Documents (including, without limitation, any spot, spot margin, lending, or cross-product or portfolio margining arrangement offered by Coinbase India otherwise than on the Deribit Exchange), this Agreement shall govern. In all other respects, including the provisions of this Agreement relating to your contractual relationship with Coinbase India, custody, the Security Interest, fees payable to Coinbase India, liability, data protection, complaints, consumer rights and dispute resolution, this Agreement shall prevail. Nothing in this Section affects any rights you have under applicable law that cannot be excluded or limited.

B. For the avoidance of doubt, the descriptions of the Margin mechanisms in this Agreement (including Segregated/Cross and Standard/Portfolio Margin) are summaries provided for convenience. The authoritative description of how Margin Requirements are calculated, including the scope of any risk offsets and the treatment of collateral across currencies, is set out in the Deribit Exchange Documents as amended from time to time, which prevails in the event of any inconsistency.

1.7 Agency Role and Relationship with the Deribit Exchange. Coinbase India is a member of the Deribit Exchange (a “Member”) and, in that capacity, acts as the agent and broker on your behalf by intermediating trades for you on the Deribit Exchange, which means that:

A. Coinbase India accesses the Deribit Exchange as a Member, and you access the Deribit Exchange only indirectly, through Coinbase India, as an Underlying Principal; the Operator of the Deribit Exchange treats Coinbase India, and not you, as its client, and references to “you,” “client” or “member” in the Deribit Exchange Documents refer to Coinbase India in its capacity as Member, and not to you or any other Underlying Principal, unless the context otherwise requires;

B. Coinbase India is responsible to the Operator of the Deribit Exchange for the conduct and activity of its Underlying Principals (including you) in connection with the Deribit Exchange, in accordance with the Deribit Exchange Documents, notwithstanding that Coinbase India is not your trade counterparty and shall have no liability for the performance of the obligations of your trade counterparty(ies) as set out below

C. the Coinbase Platform is not an exchange or a market, but solely allows you to place Orders that will be executed by Coinbase India on your behalf on the Deribit Exchange;

D. you contract with Coinbase India under this Agreement for the provision of the Digital Asset Derivatives Services, but you are not buying a Derivative Contract from, or selling a Derivative Contract to, Coinbase India;

E. by accessing or making use of the Coinbase Platform, and placing an Order with Coinbase India, you acknowledge and agree that you are expressly instructing Coinbase India to execute such Order on the Deribit Exchange; 

F. Coinbase India will not be your trade counterparty in respect of any Trade and, subject to Section ‎10 (Liability), shall have no liability for the performance of the obligations of your trade counterparty(ies) in respect of any such Trade; and

G. when Coinbase India executes an Order on the Deribit Exchange, it acts in accordance with the Deribit Exchange Documents as your agent. The functioning and operations of the Deribit Exchange are outside of Coinbase India’s control and responsibility. Any dysfunction on the Deribit Exchange may impact the performance of Coinbase India’s obligations under this Agreement, and Coinbase India will not have any liability in this respect.

1.8 Client Classification; Eligibility; Product Availability

1.9 Client Classification. You acknowledge that any classification of Coinbase India (including as to client categorisation, professional or institutional status, or similar) under the Deribit Exchange Documents is a classification of Coinbase India in its capacity as a Member, and does not itself classify, or extend any protection, right or status to, you as an Underlying Principal. Coinbase India accordingly classifies its own clients, including you, independently under this Agreement (each such classification, your “Client Classification”).

1.10 Retail Client Classification. Unless we notify you otherwise, you are classified by Coinbase India as a “Retail Client” for the purposes of this Agreement. We may, in our sole discretion, establish additional or different Client Classification categories from time to time (including any “Eligible Client” or similar category), and may reclassify you if your circumstances, status or our assessment of your eligibility changes.

1.11 Eligibility Criteria for Digital Asset Derivatives Services. Your ability to access the Digital Asset Derivatives Services, and any specific Derivative Contract, is subject to your satisfying the Eligibility Criteria (as defined in Section 1.1), which for these purposes include, without limitation: (a) our know-your-customer, anti-money laundering and other onboarding requirements; (b) any derivatives-specific risk acknowledgment, appropriateness or knowledge assessment that we may require from time to time; and (c) any other criteria that we notify to you via the Coinbase Platform. We may suspend or restrict your access to the Digital Asset Derivatives Services, or to any specific Derivative Contract, if you cease to satisfy the applicable Eligibility Criteria.

1.12 Product Availability by Client Classification. Not all Derivative Contracts available on the Deribit Exchange are made available to all Client Classifications. We will notify you, via the Coinbase Platform, of the Derivative Contracts that are available to your Client Classification from time to time. For the avoidance of doubt, Section 11 (Suspension and removal of products) applies where a Derivative Contract otherwise available on the Deribit Exchange is not, or is no longer, made available to your Client Classification.

1.13 Execution Only. The Digital Asset Derivatives Services are provided by Coinbase India on an execution-only basis. 

1.14 Availability of Products and Features. Coinbase Platform may from time to time make available products, features, or order types that are not supported by, or accessible through, the Coinbase Platform. Details of the products, features, and order types available to you on the Deribit Exchange via Coinbase India will be as set out on the Coinbase Platform, as updated from time to time. 

1.15 No Marketing / Promotion / Solicitation; Reliance on Information. The Digital Asset Derivatives Services provided by Coinbase India under this Agreement do not amount to any marketing, promotion, solicitation or offer for any Digital Asset, Derivative Contract, or investment to you or any third party. You are solely responsible for any losses, damages or costs resulting from your reliance on any data or information that Coinbase India may provide and Coinbase India cannot be held liable for any such information, unless such losses, damages or costs are directly and solely caused by Coinbase India’s gross negligence, wilful default or fraud.

1.16 Your Own Evaluation And Risk Assessment. You represent, warrant, and undertake that you have made your own evaluation and are responsible for conducting your own independent analysis of the merits and risks of placing Orders for execution by Coinbase India. You should carefully assess whether your financial situation and tolerance for risk is suitable for entering into Derivative Contracts.

1.17 Market Data and Reference Data. Coinbase India will use reasonable efforts to offer correct and up-to-date information on the Coinbase Platform, including – without limitation – certain market data, reference data, identifier data, index data, valuation data, corporate actions data and other related data (collectively, “Market Data“). Market Data may be sourced directly from third-party data providers or indirectly via the Deribit Exchange and its data providers. However, you acknowledge and accept that such Market Data may not be accurate and that the use of the market data when trading Digital Assets and/or Derivative Contracts shall be at your own risk and Coinbase India cannot be held liable for any incorrect market information, save in the case of Coinbase India’s gross negligence, wilful default or fraud. You agree to comply with the additional terms applicable to Market Data as set out in Appendix 4 (Market Data and Third-Party Reference Data) of this Agreement.

1.18 Account Choice. You can choose between different Margin mechanisms per Coinbase Account (subject to eligibility and availability): 

1.19 Execution of Orders on the Deribit Exchange. When you place an Order through the Coinbase Platform, Coinbase India will execute such Order on your behalf on the Deribit Exchange. Subject to Appendix 4, Section ‎‎3.2 (Availability of Products and Features), the types of instructions and Orders we accept are set out on the Website and the Deribit Exchange Documents.

1.20 Margin Requirements for Leveraged Orders. For Coinbase India to execute, on your behalf, an Order using leverage on the Deribit Exchange, you are required to meet the applicable Initial Margin requirements when placing the Order through the Coinbase Platform, and to meet the applicable Maintenance Margin requirements to keep the resulting Position open (see ‎ Section ‎5 (Leverage and Margin) for further detail).

1.21 Order Parameters And Trading Limits. An Order must comply with any applicable minimum and maximum Order values, sizes, trading and position limits, tick sizes, trading bandwidths, position management controls, and any other requirements under this Agreement and the Deribit Exchange Documents. We may refuse to place your Order for execution on the Deribit Exchange in accordance with the conditions set out in this Agreement, or for any other reason in our absolute discretion.

Separate Nature of Each Trade. Each Trade you enter into via the Digital Asset Derivatives Services will constitute a separate, severable agreement between you and your trading counterparty on the Deribit Exchange, effected through Coinbase India acting as your agent and entered into in accordance with the provisions of the Deribit Exchange Documents.

1.22 Your responsibility for Orders submitted via your Account. You agree that:

A. Orders placed by you under this ‎agreement utilising the Digital Asset Derivatives Services can only be executed on the Deribit Exchange;

B. you have full responsibility for the security and authenticity of all Orders placed through your Coinbase Account via the Coinbase Platform for execution by Coinbase India on your behalf on the Deribit Exchange, and you will be bound by all such Orders;

C. we are entitled to assume the authenticity of any Orders placed through your Coinbase Account via the Coinbase Platform, including that all Orders placed are in fact authorised by you, and we are under no obligation whatsoever to verify that such Orders are authentic or are in fact authorised by you. Notwithstanding this, we reserve the right, but shall not be obligated, to make further enquiries about or require written confirmation of any Order, for example where an Order is unclear, ambiguous, or, in our reasonable opinion, was placed by you accidentally, mistakenly, fraudulently and/or negligently; and

D. you are bound by all Orders placed through your Coinbase Account via the Coinbase Platform for execution by Coinbase India on your behalf on the Deribit Exchange, with the exception of unexecuted Orders which you may request to cancel. You may request to cancel or modify an Order which has not been executed. We cannot guarantee that we will be able to carry out your cancellation or modification request, as this will depend on the Derivative Contract that you are trading, and whether or not you have that ability as set out in the Deribit Exchange Documents.

1.24 Derivatives Air Drops. From time to time, Coinbase India may, in its sole discretion, conduct a Derivatives Air Drop by opening one or more Derivative Contract positions in your Coinbase Account, collateralised with Supported Digital Assets credited by Coinbase India for that purpose (“Air Drop Margin”). You hereby appoint Coinbase India as your authorised agent for the limited purpose of placing Orders, posting the Air Drop Margin, and opening such Derivative Contract positions on your behalf, and each Derivative Contract so opened shall be a Derivative Contract entered into by you under, and subject to, the terms of this Agreement, save as expressly modified below. Derivatives Air Drops will generally be made available only to customers who (i) affirmatively opt in via a call-to-action or similar prompt made available by Coinbase India via the Coinbase Platform or the Site, and (ii) satisfy any additional eligibility criteria set by Coinbase India; however, Coinbase India reserves the right to conduct Derivatives Air Drops without a separate opt-in where it considers it appropriate to do so. Each Derivatives Air Drop position will be opened on an isolated-margin basis, and notwithstanding any other provision of this Agreement: (a) only the Air Drop Margin (and any additional Margin you expressly elect to allocate to the position) may be applied to support, margin, liquidate, or settle that position, and losses on it will not trigger Liquidation, Auto-Deleveraging, or any other adverse action against your other balances or Derivative Contracts; and (b) your maximum loss on any Derivatives Air Drop position is capped at the Air Drop Margin allocated to it, no Derivatives Air Drop position shall result in negative Equity, debt, or any payment obligation owing by you to Coinbase, and Coinbase India shall absorb any shortfall as a promotional cost; and (c) upon settlement, expiry, close-out, or other termination of a Derivatives Air Drop position, any Air Drop Margin remaining after the application of any losses on the position (together with any profits realised on the position) shall be retained by you and credited to your Coinbase Account, and shall not revert to, or be clawed back by, Coinbase India. For the avoidance of doubt, the Air Drop Margin is credited to you on an outright basis as part of the Derivatives Air Drop and, save for its application against losses on the related Derivatives Air Drop position in accordance with paragraph (a) above, is yours to keep. Coinbase India is under no obligation to offer Derivatives Air Drops and may set, vary, suspend, or terminate any Derivatives Air Drop or your eligibility for one at any time in its sole discretion.

1.25 Use of Available Balance as Leverage. You are allowed to place Orders using your Available Balance as leverage, as a specified fraction of the possible change in value of the relevant asset against the Position in the relevant Settlement Currency. Leverage will impact the amount of Margin you are required to provide for a particular Order or Position. You may be subject to limitations on your ability to utilise leverage in relation to any Order, as determined by Coinbase India in accordance with this Agreement and the Deribit Exchange Documents.

1.26 Types of Margin. There are two types of Margin you are required to meet in connection with the Digital Asset Derivatives Services:

A. Initial Margin, being the minimum Margin that must be held on your Coinbase Account (including via a third party custodian, as detailed in Appendix 4, Section 5.5 (Custody of Margin and Collateral) below) when placing your Order; and

B. Maintenance Margin, being the minimum Margin that must be held on your Coinbase Account (including via a third party custodian, as detailed in Appendix 4, Section 5.5 (Custody of Margin and Collateral) below) to maintain your open Positions.

1.27 Obligation to Maintain Margin. You agree and undertake to provide and/or maintain at all times sufficient Margin required for any Order, any resulting Trade and Position, in accordance with this Agreement and the Deribit Exchange Documents. This includes having the requisite amount of Margin available for use in your Coinbase Account, or transferring the requisite Digital Assets into your Coinbase Account, to meet the applicable Margin Requirements. 

1.28 Ownership of Margin and use to Satisfy Liabilities. You represent, warrant, and undertake that any Margin provided by you was, at the date of transfer, beneficially owned by you and not subject to any charge, lien, or other encumbrance. Without prejudice to any other rights we have under this Agreement, Margin may be retained and used to set-off, settle, satisfy, or reduce any of your liabilities under this Agreement.

1.29 Custody of Margin and Collateral. You may arrange for your Margin or collateral provided in connection with the Digital Asset Derivatives Services to be held by Coinbase India. Custody of your Margin and collateral is governed by Section 4A (Custody Services), including Section 4A.11 (Security over Custodied Assets).

1.30 Haircuts and product fees on cross-collateral. Where your Coinbase Account is configured for Cross Collateral Standard Margin or Cross Collateral Portfolio Margin, you acknowledge and agree that, in accordance with the Deribit Exchange Documents: (A) the value attributed to Equity held in a Cross Collateral Currency other than the relevant reference Settlement Currency may be reduced by a haircut when determining your Margin Balance and Available Balance; and (B) where you have negative Equity in any Settlement Currency, a product fee may be charged on that negative Equity, and Equity in your other Cross Collateral Currencies (or, where applicable, the Insurance Fund) may be applied to replenish it. The applicable haircuts and product fees are determined by the Operator of the Deribit Exchange in accordance with the Deribit Exchange Documents, are notified to you via the Coinbase Platform, and may be amended from time to time

1.31 Liquidation Process on the Deribit Exchange. If the Margin Balance in respect of your Orders and Positions on the Deribit Exchange does not meet the applicable Margin Requirements, the Operator of the Deribit Exchange can initiate a Liquidation Process, in accordance with the Deribit Exchange Documents, in respect of such Orders and Positions. In particular, where the Margin Balance falls below the Maintenance Margin in respect of the requisite Supported Digital Asset (or, in the case of a Cross Collateral account, in the reference Settlement Currency), the Operator of the Deribit Exchange may close existing Positions or open new Positions in order to reduce the risk in that Supported Digital Asset or Settlement Currency, in accordance with this Section 6 and the Deribit Exchange Documents. For the avoidance of doubt, you are not a client of, and do not have any direct contractual relationship with, the Operator of the Deribit Exchange. Coinbase India is the sole counterparty to, and entity of record in respect of, your Orders and Positions on the Deribit Exchange, and reflects the consequences of any Liquidation Process in your Coinbase Account in accordance with this Section 6. The Liquidation Process occurs as follows:

A. The process may involve closing Positions, cancelling Orders, hedging through other trades, transferring Positions to one or more Liquidity Support Providers (as defined in Appendix 4, Section 6.6) or any other actions deemed necessary or appropriate by the Operator of the Deribit Exchange in its sole discretion. If liquidation occurs in respect of your Orders or Positions, you may be charged a Liquidation Fee in accordance with the Deribit Exchange Documents. Additionally, if your Coinbase Account goes into a negative balance after liquidation, any deficit may be settled using the Insurance Fund, bringing that account balance back to zero.

B. If the Insurance Fund is insufficient to cover the negative balance of a bankrupt account, the Operator of the Deribit Exchange may activate a “socialised loss mechanism”. This mechanism spreads the loss across participants who have profited in the same Trading Session by deducting a proportional amount from their gains to offset those losses. Participants cannot dispute their contribution to this mechanism unless there is a clear error in the calculation. By entering into this Agreement, you accept and agree to the possibility of being affected by this mechanism, which aims to stabilise the Deribit Exchange’s financial integrity in the event of significant losses.

C. The Operator of the Deribit Exchange may instruct the use of the Insurance Fund at its sole discretion in order to compensate participants’ losses which it considers to result from materially adverse unforeseen events. To the extent that the Operator of the Deribit Exchange utilises the Insurance Fund in such circumstances, it is under no obligation to cover all of a participant’s loss, and therefore any compensation may be partial.

1.32 Account Bankruptcy and Extreme Market Circumstances. If your Positions have been liquidated and your remaining Equity is insufficient to cover your (additional) losses, your Coinbase Account is bankrupt. Under extreme market circumstances, in order to protect the integrity of Coinbase India, the Coinbase Platform or the Deribit Exchange, we reserve the right to partially or entirely effect the closure your Position(s) to be able to close positions of counterparties to help prevent counterparty bankruptcies, where the liquidity in the market is not enough to take over positions of counterparties that are on the verge of bankruptcy or already bankrupt. This may include, without limitation, the transfer of Positions to Liquidity Support Providers in accordance with Appendix 4, Section 6.6 (Liquidity Support Providers). In the event any Position is closed on the basis of this Appendix 4, Section ‎6.2, you agree that the Operator of the Deribit Exchange will determine the price you will receive for the Position closed in its sole discretion, but in principle this will be the Mark Price. In case of liquidation on the basis of this Appendix 4, Section ‎6.2, whether or not any compensation from the Insurance Fund will be provided will be determined by the Operator of the Deribit Exchange (as relevant) in its sole discretion. If applicable and approved by us, we will reset the balance of the relevant Digital Assets in your Coinbase Account to zero by arranging for the transfer of funds from the Insurance Fund to your Coinbase Account.

1.33 Coinbase India’s role and Limitation of Liability in the Liquidation Process. Coinbase India’s role in the Liquidation Process is limited to recording your Positions and balances in your Coinbase Account following the Liquidation Process described in Appendix 4, Section ‎6.1 above and reflecting the outcome of any actions taken by the Operator of the Deribit Exchange or any Liquidity Support Provider. Coinbase India will have no liability whatsoever for any action taken or omitted to be taken, whether by the Operator of the Deribit Exchange or any other participant, in respect of the Liquidation Process or closing of Positions under this Appendix 4, Section ‎6 (Liquidating Positions, Insurance Fund And Socialised Losses).

1.34 Treatment of Collateral and Applicable Law. By using the Digital Asset Derivatives Services, you consent to any such Liquidation Process (including any transfer of Positions to Liquidity Support Providers) and further agree to indemnify and hold harmless Coinbase India for any actions properly taken by Coinbase India under this Appendix 4, Section ‎6 (Liquidating Positions, Insurance Fund And Socialised Losses), in addition to the broader indemnity set out Section ‎10 (Liability) of this Agreement.

1.35 For the avoidance of doubt, any Digital Assets held in custody and/or pledged as Margin in connection with the Digital Asset Derivatives Services shall not be distributed except in accordance with, and subject to, applicable law and the security interest and enforcement provisions set out in this Appendix 4.

1.36 Liquidity Support Providers. As part of the Liquidation Process, the Operator of the Deribit Exchange may transfer open Positions to one or more backstop liquidity providers that participate in the liquidity support provider programme maintained by the Operator of the Deribit Exchange from time to time (each, a “Liquidity Support Provider“). The role of a Liquidity Support Provider is to absorb Positions that cannot otherwise be closed on the Deribit Exchange during the Liquidation Process, thereby reducing the risk of socialised losses under Appendix 4, Section 6.1(B). The Operator of the Deribit Exchange may, in its sole discretion, incentivise Liquidity Support Providers to participate in the programme by providing discounts from fees and such other incentives as it may publish from time to time on the Website. Where your Positions are transferred to a Liquidity Support Provider as part of the Liquidation Process, the transfer will be effected in accordance with the Deribit Exchange Documents. Where your Positions cannot be absorbed by a Liquidity Support Provider, including because no Liquidity Support Provider is willing or available to accept the relevant Positions, the Operator of the Deribit Exchange may instead activate Auto-Deleveraging, You acknowledge and agree that:

A. Coinbase India has no control over the identity, conduct, or performance of any Liquidity Support Provider;

B. the availability and capacity of Liquidity Support Providers may vary and is not guaranteed; and

C. if Liquidity Support Providers are unable to absorb your Positions in full, the remaining Positions may be subject to the socialised loss mechanism described in Appendix 4  Section 6.1(B).

1.37 Pre‑trade information. Prior to placing an Order, you may review, on the Coinbase Platform, information related to the relevant Derivative Contract on the Deribit Exchange, including Contract Specifications, unexecuted Orders and other relevant trading information, as made available from time to time.

1.38 Trade Confirmations. If we execute your Order via the Digital Asset Derivatives Services, we will provide you with a Confirmation which will appear in your Coinbase Account in near‑real time following your Order being executed and resulting in a Trade. The date of such Confirmation will be the Contract Date for that Trade. In the absence of a manifest error, the Confirmation will be conclusive and binding on you unless:

A. you object to the Confirmation and notify us of the error or omission within twenty‑four (24) hours of the delivery of the Confirmation; or

B. we notify you of an error or omission within three (3) days of the delivery of the Confirmation.

C. Notwithstanding the foregoing, where the Deribit Exchange Documents prescribes a shorter period within which errors or omissions in respect of a Trade may be raised or corrected, that shorter period shall apply in place of the periods set out in Appendix 4, Sections ‎7.2‎(A) and‎ 7.2‎(B) above.

1.39 Correction of Errors. We reserve the right to re‑issue any Confirmation to correct any error or omission when the error or omission comes to our attention. You are entitled to a copy of any Confirmation at any time during the term of this Agreement upon request.

1.40 Monthly Statements. We will provide you with a written statement of account at least Monthly, showing (amongst other things) the Digital Asset balances, trading summaries, fees, and Positions in each relevant account used in connection with the Digital Asset Derivatives Services.

1.41 Loss. If any Trade executed via the Digital Asset Derivatives Services results in a loss, your Margin and any Equity supporting that Trade may be used by us or the Operator of the Deribit Exchange, to cover that loss, in accordance with this Agreement and the Deribit Exchange Documents.

1.42 Settlement. Positions opened via the Digital Asset Derivatives Services are settled by the Operator of the Deribit Exchange in accordance with the Deribit Exchange Documents. Settlement occurs as follows:

A. Positions are cash‑settled in the relevant Settlement Currency (including through the Liquidation Process described in Appendix 4, Section ‎6).

B. Settlement occurs:

1. on a daily basis; and

2. when a Position closes or expires at the relevant settlement price, and the profit or loss on that Position is credited to or deducted from the relevant account on the Deribit Exchange and reflected in your Coinbase Account,

3. each such event being a “Settlement” or to “Settle”.

C. Daily Settlement shall occur each calendar day at 08:30 AM UTC (or such other time as may be specified in the Deribit Exchange Documents).

D. Unless otherwise required under this Agreement and save for daily Settlement or Settlement pursuant to Appendix 4, Section 7.6(B), Settlement occurs in response to:

1. any closing out of a Position, whether as a result of your Order being executed, to maintain Margin, pursuant to the Liquidation Process, or otherwise; or

2. a Position being held to final Settlement in accordance with the relevant Contract Specifications published by the Operator of the Deribit Exchange. 

E. The Operator of the Deribit Exchange Settles Positions by:

1. calculating the profit and loss of a Position based on the prices at which the Position being closed out was opened and closed, the size of that Position and the Contract Specifications of the Derivative Contract in which the Position was held;

2. adding the profit to or deducting the loss from, as the case may be, the Margin allocated in the account in which the Position resided; and

3. performing the steps above immediately after the respective events described in Appendix 4, Section ‎7.6(B) have occurred.

F. Coinbase India’s role in the Settlement process is limited to recording the Positions and balances in your Coinbase Account following the Settlement process described in Appendix 4, Sections ‎7.6 (A) to ‎7.6 (E) above. Coinbase India will have no liability whatsoever for any action taken or omitted to be taken by the Operator of the Deribit Exchange in respect of the Settlement process.

1.43 Trading Restrictions. Without prejudice to ‎Section ‎6.1 (Transaction Limits), we reserve the right to:

A. limit your right to place Orders under the Digital Asset Derivatives Services;

B. instruct the Operator of the Deribit Exchange to cancel or modify Orders;

C. instruct the Operator of the Deribit Exchange to partially or entirely close any or all of your Positions entered into via the Digital Asset Derivatives Services. This includes, but is not limited to, a Position that is profitable and/or a Position that does not at that time breach any applicable Margin Requirements, where we consider this necessary or appropriate to manage our or the Deribit Exchange’s risk (for example, to reduce or close counterparty Positions that have breached the Margin Requirements); and

D. instruct the Operator of the Deribit Exchange to close any Position in a fair way and acting reasonably where a fork has occurred in relation to the Digital Asset relevant to the Position. This includes a Position that is profitable and/or a Position that does not breach any applicable Margin Requirements.

1.44 Mistrades. The Operator of the Deribit Exchange may, in its absolute discretion, declare a Mistrade, either within sixty (60) minutes after a Trade is executed or following an application for a Mistrade made in accordance with this Appendix 4, Section ‎9, in the following circumstances:

A. the prices on which Orders are executed deviate more than the applicable Mistrade Range;

B. it is in the interest of maintaining an orderly and fair market or maintaining price continuity; or

C. there is an error in the Deribit Exchange trading system. The Operator of the Deribit Exchange may not declare a Mistrade in circumstances where a Trade cannot be reversed or adjusted because one of the parties to that Trade has insufficient funds in its account on the Deribit Exchange to enable the cancellation or price adjustment of that Trade.

1.45 Fast Markets. The Operator of the Deribit Exchange may declare a Fast Market at its absolute discretion, if market conditions reasonably warrant such a declaration. Where the Operator of the Deribit Exchange declares a Fast Market, such Fast Market will last for a period of two (2) hours from the moment that the Fast Market is declared, unless the Deribit Exchange withdraws its declaration in respect of a particular Derivative Contract at its absolute discretion, if market conditions reasonably warrant such withdrawal.

In circumstances where a Fast Market exists, the Deribit Exchange may, in its absolute discretion, adjust the Mistrade Range for a Derivative Contract up or down by such ratio as it deems reasonable in order to maintain an orderly and fair market or maintain price continuity.

1.46 Communication of Mistrade by Coinbase India. Where the Operator of the Deribit Exchange declares a Mistrade, Coinbase India will communicate such Mistrade to you via the Coinbase Platform, by email to the primary email address associated with your Coinbase Account and/or via such other electronic communication channels as Coinbase India may make available from time to time.

1.47 Effect of a Mistrade. Where the Operator of the Deribit Exchange declares a Mistrade, it may:

A. cancel a previously executed Trade; or

B. adjust the execution price of an executed Trade,

C. each of which may impact your Trade.

1.48 Account adjustments following a Mistrade. Following a declaration of a Mistrade, the Deribit Exchange (and/or Coinbase India, as appropriate) will, within six (6) hours after the Mistrade was declared or following the decision on your application for a Mistrade:

A. reverse or adjust all relevant Trades; and

B. adjust each account on the Deribit Exchange (and/or Coinbase India will adjust each client’s Account, as appropriate) balance that is affected by the declaration of the Mistrade accordingly.

C. Where the Operator of the Deribit Exchange declares a Mistrade and reverses or adjusts a Trade, Coinbase India shall not be liable for any losses incurred by you which result from the declaration of a Mistrade and the subsequent cancellation or price adjustment of your Trade.

D. Where the Operator of the Deribit Exchange declares a Mistrade and reverses or adjusts a Trade, the Liquidation Process as described under ‎ Appendix 4, Section ‎6 (Liquidating Positions, Insurance Fund and Socialised Losses) does not apply

1.49 Applications for a Mistrade. The Operator of the Deribit Exchange may declare a Mistrade at its own initiative or on application by a member of the Deribit Exchange (including an application made by Coinbase India on your behalf).

1.50 Negatively Affected by a Mistrade. If you consider that you have been negatively affected by a Mistrade or that there has otherwise been an error in a Trade executed via the Digital Asset Derivatives Services, you may request Coinbase India to submit an application to the Deribit Exchange on your behalf:

A. requesting that a Mistrade be declared; and

B. requesting the reversal or adjustment of the relevant Trade.

1.51 You may not request an application for the declaration of a Mistrade unless the total loss resulting from the Trade to which the application relates exceeds USD 10,000 (or such other threshold as may be notified to you by Coinbase India from time to time).

1.52 Submission Timeframe for a Mistrade. Any request by you for a Mistrade application must be submitted to Coinbase India within thirty (30) minutes after the relevant Trade(s) were executed, using the contact channels notified by Coinbase India for this purpose. You acknowledge that the Operator of the Deribit Exchange will only consider applications submitted to it within sixty (60) minutes after execution of the relevant Trade(s), and that Coinbase India therefore requires sufficient time to review and submit your application to the Operator of the Deribit Exchange before that deadline. Following timely receipt of your request, Coinbase India will use reasonable endeavours to review and (where applicable) submit your application to the Operator of the Deribit Exchange as soon as reasonably practicable, and in any event before the Operator’s sixty (60) minute deadline expires. Coinbase India is under no obligation to submit, and the Operator of the Deribit Exchange is under no obligation to consider, any application that is submitted to Coinbase India after the thirty (30) minute deadline or that cannot, despite Coinbase India’s reasonable endeavours, be submitted to the Operator before the Operator’s deadline.

1.53 Application Details. Your application for a Mistrade must contain the following information:

A. your name;

B. your Coinbase Account identifier (UID or similar);

C. Derivative Contract name;

D. time of execution;

E. execution price; and

F. reasons for the application.

1.54 Subject to the Deribit Exchange Documents, the Operator of the Deribit Exchange will complete its review of the application made by Coinbase India on your behalf within six (6) hours (or, if it considers it reasonably necessary, extend the review period by up to twenty-four (24) hours) after the application was submitted to the Deribit Exchange.

1.55 Communication of Refusal. If the Operator of the Deribit Exchange decides to refuse an application made by its members (including applications made by Coinbase India on your behalf), it will communicate such refusal to the relevant member, including reasons. Upon receipt of any such refusal decision from the Operator of the Deribit Exchange affecting your Trade, Coinbase India will notify you of the refusal, including the reasons provided by the Operator of the Deribit Exchange. Such notification will be made via the contact details registered to your Coinbase Account.

1.56 Consequences of exercising our rights under this Section. Where we exercise any of our rights under this Appendix 4, Section 9:

A. you agree that, we will not be liable for any loss you may incur as a result; and

B. you acknowledge that the Operator of the Deribit Exchange can determine the price you will receive for the Trade of which the Position is closed at its sole discretion, but in principle, this will be the Mark Price.

Definitions

1.57 For the purposes of this Appendix 4, Section 10, the following additional terms have the meanings set out below:

A. “Deribit Collateral” means, at any time, that part of the Secured Assets consisting of all Digital Assets and fiat currency (if any) standing to the credit of your Coinbase Account which: (1) we notify you (including via the Coinbase Platform) are designated or available to meet Margin Requirements or otherwise to secure or support your obligations in respect of any Derivative Contract executed via the Digital Asset Derivatives Services on the Deribit Exchange, which forms part of the Deribit Collateral); and/or (2) we in fact apply, or are instructed by the Operator of the Deribit Exchange to apply, in or towards meeting any Margin Requirements, settlement obligations, close-out amounts, interest, fees, costs or expenses arising in connection with any such Derivative Contracts or Deribit Exchange trades, together with all related rights, entitlements, claims, proceeds and other property from time to time representing or derived from the foregoing;

B. “Deribit Secured Obligations” means that part of the Secured Obligations comprising all present and future obligations and liabilities (actual, contingent or prospective, whether owed solely or jointly or in any other capacity) that you owe, or are expressed to owe, to the Operator of the Deribit Exchange under or in connection with: (1) any Derivative Contract executed or cleared via the Digital Asset Derivatives Services on the Deribit Exchange, which form part of the Deribit Secured Obligations; and (2) any related Margin Requirements, settlement obligations, close-out amounts, interest, fees, costs or expenses, in each case as determined by reference to this Agreement, your actions on the Coinbase Platform, the Deribit Exchange Documents and any direct agreement between you and the Operator of the Deribit Exchange; and

C. “Security Trustee” means Coinbase India in its capacity as the person holding the benefit of the Security Interest under Section 5.19 (Security Interest) for itself and, to the extent applicable under this Appendix 4, Section 10, for Deribit, the Operator of the Deribit Exchange in respect of (i) the Digital Asset Derivatives Services

1.58 For the avoidance of doubt:

A. the Deribit Collateral forms part of the Secured Assets and the Deribit Secured Obligations form part of the Secured Obligations for the purposes of Section 5.19 (Security Interest); 

B. the Operator of the Deribit Exchange is a Secured Party for the purposes of Section 5.19 (Security Interest); and

C. this Appendix 4, Section 10 applies to Derivative Contracts executed via the Digital Asset Derivatives Services. 

Relationship with the general Security Interest

1.59 The Security Interest granted by you under Section 5.19 (Security Interest) extends to, and continues in full force and effect over, all Deribit Collateral as security for all Secured Obligations, including the Deribit Secured Obligations.

1.60 For the purposes of the “Product Security Terms and Subordination” and “Designated Sub-Pools and Priority” provisions in Section 5.19 (Security Interest), the Deribit Collateral (or such portion of the Secured Assets as we may notify you from time to time) constitutes a Designated Sub-Pool allocated to secure the Deribit Secured Obligations and any other Secured Obligations which we notify you (including via the Coinbase Platform) are to be secured on that sub-pool.

1.61 No right of use, rehypothecation, disposal, lending or pledging arises in respect of any Deribit Collateral, and Coinbase India shall not deal with any Deribit Collateral otherwise than in accordance with this Section 10.”

Security Trust and Third Party Rights

1.62 In relation to the Deribit Collateral and the Deribit Secured Obligations, Coinbase India, as Security Trustee, holds and shall hold:

A. the benefit of the Security Interest; and

B. subject to the “Application of Proceeds” provisions in Section 5.19 (Security Interest), all proceeds of any enforcement or realisation of the Deribit Collateral,

on trust for the Operator of the Deribit Exchange (in its capacity as a Secured Party), to be applied in or towards the discharge of the Deribit Secured Obligations, and (after such discharge) any surplus shall be credited to your Coinbase Account and/or paid to you.

1.63 Nothing in this Appendix 4, Section 10 shall: (1) create any duties on Coinbase India in favour of you or the Operator of the Deribit Exchange beyond those expressly set out in this Agreement; or (2) prevent Coinbase India from exercising any rights it has in its own capacity (including as a Secured Party) concurrently with, or after enforcing the Security Interest as Security Trustee, provided that Coinbase India shall not receive double recovery in respect of the same underlying liability.

Restrictions on Dealings; Further Assurance

1.64 Without prejudice to Section 5.19 (Security Interest):

A. you shall not create or permit to subsist any mortgage, charge, lien, security interest or other encumbrance over any Deribit Collateral, other than:

1. the Security Interest; and

2. any security in favour of Coinbase India or any member of the Coinbase Group arising under this Agreement or any applicable country-specific terms; and

B. you shall, at your own cost, promptly do all acts and execute all documents (including any further charges, assignments, notices or filings) as we may reasonably require to perfect, protect or improve the Security Interest over the Deribit Collateral, or otherwise to assist any enforcement or realisation of the Deribit Collateral in accordance with this Appendix 4, Section 10 and Section 5.19 (Security Interest).

Additional Enforcement Events

1.65 For the purposes of the provision in Section 5.19 (Security Interest) that permits us to enforce the Security Interest where an additional enforcement event specified in any Product Security Terms occurs, the following shall constitute additional enforcement events in respect of the Deribit Collateral:

A. we receive written notice (including via an agreed electronic channel) from the Operator of the Deribit Exchange that an event of default, termination event or similar event has occurred and is continuing under the Deribit Exchange Documents or any agreement between you and the Operator of the Deribit Exchange relating to Derivative Contracts executed via the Digital Asset Derivatives Services; or

B. any other enforcement, close-out, liquidation or similar event occurs in respect of you under the Deribit Exchange Documents which the Operator of the Deribit Exchange notifies us (including via the Deribit Exchange) requires or is expected to require the use, application, transfer or realisation of Deribit Collateral to discharge Deribit Secured Obligations.

Enforcement of security and application of proceeds

1.66 Without prejudice to Section 5.19 (Security Interest) on or at any time after the Security Interest over the Deribit Collateral has become enforceable, we may, as Security Trustee and/or at the direction of the Operator of the Deribit Exchange, exercise any and all of our rights, powers and remedies under this Agreement and applicable law in relation to the Deribit Collateral, including by:

A. appropriating, realising, selling, transferring or otherwise disposing of all or any part of the Deribit Collateral (including by way of on-exchange transactions on a Coinbase-operated venue or any other trading venue, on-chain transfers or internal book entries within the Coinbase Platform); and

B. applying, setting off or transferring all or any part of the Deribit Collateral in or towards the payment, satisfaction or reduction of any Deribit Secured Obligations.

1.67 For the purposes of any “Designated Sub-Pools and Priority” / “Application of Proceeds” provisions in Section 5.19 (Security Interest) where the proceeds of enforcement relate to the Deribit Collateral (or any Designated Sub-Pool comprising Deribit Collateral), the priority waterfall as between the Operator of the Deribit Exchange and any other Secured Party having recourse to that Deribit Collateral shall, subject always to Section 5.19 (Security Interest), be as follows:

A. first, in or towards payment and discharge of the Deribit Secured Obligations, in such order and manner as we (in consultation with the Operator of the Deribit Exchange) determine; and

B. second, in or towards payment and discharge of any other Secured Obligations which we have notified you (including via the Coinbase Platform) are secured on the Deribit Collateral, in such order and manner as we determine (acting reasonably),

and thereafter any surplus shall be applied in accordance with Section 5.19 (Security Interest).

1.68 You acknowledge that the markets for Digital Assets may be illiquid and volatile and that we are not under any obligation to delay any enforcement or realisation of Deribit Collateral in anticipation of any improvement in market conditions. To the maximum extent permitted by applicable law, we shall not be liable to you for any loss arising from the timing, manner or price of any realisation of Deribit Collateral effected in good faith in accordance with this Appendix 4, Section 10.

Power of attorney

1.69 Without prejudice to Section 5.19 (Security Interest),  you irrevocably appoint Coinbase India (acting alone) as your attorney and agent with full authority, at any time after the Security Interest over any Deribit Collateral has become enforceable, in your name and on your behalf and as your act and deed:

A. to sign, execute and deliver all transfers, instructions and other documents;

B. to give all notices and directions (including to any Affiliate of Coinbase India, the Operator of the Deribit Exchange or any third-party exchange, custodian or wallet provider); and

C. generally to do any and all other things,

which Coinbase India considers reasonably necessary or desirable to give effect to, or to exercise or enforce (including by the Operator of the Deribit Exchange), the Security Interest over the Deribit Collateral and the powers conferred by this Appendix 4, Section 10.

1.70 You ratify and confirm, and agree to ratify and confirm, anything which Coinbase India may lawfully do or purport to do in good faith by virtue of this power of attorney.

1.71 Products no longer Supported. We will not be able to execute an Order on the Deribit Exchange in respect of any Derivative Contract that:

A. is not supported or that has been removed from the Deribit Exchange; or

B. although available on the Deribit Exchange, is not (or is no longer) made available by us under this Agreement, including without limitation by reason of (a) geographic or jurisdictional restrictions, (b) (b) your Client Classification, status or Eligibility Criteria (or change thereto), each as determined in accordance with the Client Classification; Eligibility; Product Availability clause above under section 2,2 under this Appendix 4 (c) applicable law, regulation or guidance (or any change in our interpretation thereof), (d) our internal risk, compliance, capital, liquidity or product governance policies, (e) the terms of our membership of, or arrangements with, the Operator of the Deribit Exchange, or (f) any other reason as we may determine from time to time, acting reasonably.

C. You will be informed of any Derivative Contract that is no longer supported by the Deribit Exchange or that is no longer made available by us under this Agreement, and your Orders can therefore no longer be placed for execution by us. Although we will inform you before a Derivative Contract is removed from the Deribit Exchange or otherwise ceases to be available to you under this Agreement, to the extent this is reasonably possible, we reserve the right to do so without prior notice.

1.72 Withdrawal from your Account. If a Derivative Contract is removed from the Deribit Exchange, any outstanding Order related to this Derivative Contract will be cancelled and you will be given the opportunity to withdraw the Digital Assets or fiat currency from your Coinbase Account.

1.73 No Liability. You agree that we will not be liable for any loss you may incur as a result of us exercising our rights under this Appendix 4, Section ‎11.

1.74 Additional Suspension, Termination and Cancellation. In addition to the rights set out in ‎Section ‎9 (Suspension, Termination and Cancellation), we may: (a) refuse to complete, or place on hold, block, cancel or reverse a Trade you have authorised (even after funds have been debited from your Coinbase Account), (b) suspend, restrict, or terminate your access to the Digital Asset Derivatives Services, (c) limit the use of the Coinbase Platform, including, placing orders for execution on the Deribit Exchange, and/or (d) deactivate or cancel your Coinbase Account with immediate effect for good reason, including, but not limited to where:

A. we are required to do so by the Deribit Exchange Documents, or where not doing so would cause Coinbase India or you to breach applicable law or the Deribit Exchange Documents;

B. you have breached any limits placed on your Coinbase Account, or placing the Order for execution on the Deribit Exchange will cause you to breach any limits placed on your Coinbase Account; 

C. your Order does not at any time comply with the Margin Requirements, or placing the Order for execution on the Deribit Exchange will cause you to no longer comply with the Margin Requirements; 

D. there is a market disruption on the Deribit Exchange;

E. you notify Coinbase India that you do not intend to proceed with a Trade; or

F. the Trade/Order relates to a Derivative Contract and/or a Digital Asset which has been suspended or removed from the Deribit Exchange.

1.75 Additional Information on Fees. For the purposes of ‎ Section ‎2.4 (Fees, Interest, Commissions and Charges), The fees applicable to the Digital Asset Derivatives Services, including the Derivatives Brokerage Fees, are fees charged by and payable to Coinbase India. The applicable fees will be published on the Coinbase Platform or otherwise disclosed to you before the relevant Derivatives Transaction. Coinbase India may separately compensate the Operator of the Deribit Exchange or other third parties for execution, clearing, settlement, technology, connectivity or other services under separate commercial arrangements. Those amounts are not Derivatives Brokerage Fees and are not payable by you to the Operator as a pass-through charge.

1.76 Trading Fees. The applicable Derivatives Brokerage Fees may vary depending on the relevant Derivative Contract, transaction type, order type, market conditions and other factors determined by Coinbase India. The applicable Derivatives Brokerage Fee will be displayed on the Coinbase Platform before you enter into the relevant Derivatives Transaction.

1.77 Fee Rebate. Coinbase India may receive rebates, commissions or other remuneration from the Operator of the Deribit Exchange or other third parties in connection with the Digital Asset Derivatives Services. Any such amounts will be governed by separate commercial arrangements and will not alter the Derivatives Brokerage Fee disclosed to you for the relevant Derivatives Transaction, unless expressly stated otherwise on the Coinbase Platform. Collection of Derivatives Brokerage Fees. Coinbase India charges the Derivatives Brokerage Fees described in Section 5.2A, which are payable to Coinbase India and may be collected on its behalf by the Operator as Coinbase India’s collection agent. Coinbase India compensates the Operator for execution, clearing and venue services under a separate commercial arrangement between Coinbase India and the Operator. No Derivatives Brokerage Fee is collected on behalf of, or passed through to, the Operator.

1.78 Liquidation Fee. You may be charged a Liquidation Fee if a Liquidation Process is commenced in relation to your Orders, Positions and/or Trades. The Liquidation Fee may be automatically deducted from your Coinbase Account. Any Liquidation Fee paid will go into the Insurance Fund as described in ‎Appendix 4, Section ‎6 (Liquidating Positions, Insurance Fund and Socialised Losses). 

1.79 Fee List. Coinbase India may amend the Derivatives Brokerage Fees in accordance with Section 2.6. Any fees may be amended from time to time by the Operator of the Deribit Exchange. Your continued use of the services shall be deemed to be an acceptance by you of any such periodic amendments to the fees.

General

1.1 Use of third-party Data. In connection with the provision of the Coinbase Services (including, without limitation, the Digital Asset Derivatives Services and any Coinbase Services involving derivatives referencing digital assets, tokenised equities, tokenised commodities, baskets, indices, pre-IPO entities or other underlyings), Coinbase India obtains and uses Market Data:

A. directly from third-party data providers with which Coinbase India or another member of the Coinbase Group has entered into subscription, licensing or other arrangements; and

B. indirectly via the Operator of the Deribit Exchange and its data providers, including Market Data made available to Coinbase india through the Deribit Exchange interface, the Deribit Exchange Documents, the Deribit Exchange index price, mark price, settlement price, funding rate and corporate actions feeds, and any other data services provided by or through the Operator of the Deribit Exchange.

1.2 Data Providers. The third-party data providers from which the Market Data may be sourced include, without limitation, Pyth Network, dxFeed, Financial Information Incorporated (“FII“), Market Vectors, BITA, CoinMetrics, Blue Ocean ATS, CCData, the operators of the Deribit Exchange and other market data and index providers (each a “Data Provider“), and such other Data Providers as Coinbase India may engage from time to time in connection with the Coinbase Services.

1.3 Where Coinbase India makes Market Data available to you. Where Coinbase India makes Market Data available to you (whether directly or as part of any Coinbase Service, and whether through the Coinbase IndiaSite, the Coinbase Platform, the Deribit Exchange interface, an API, a statement, report, notification or other surface), your access to and use of such Market Data is subject to:

A. the terms of this Agreement (including this Appendix 5);

B. any additional terms, restrictions, disclaimers and licensing requirements imposed by the relevant Data Provider, including any specific terms set out in this Appendix 5 (which apply in addition to, and not in substitution for, the general terms in this Appendix 5); and

C. any market data disclosures, vendor terms or similar materials made available by Coinbase India from time to time athttps://help.coinbase.com/en/international-exchange or otherwise (the “Market Data Disclosures“), which are incorporated into this Agreement by reference.

1.4 Restrictions on use. You agree that you shall not, and shall not permit any third party to:

A. redistribute, sell, license, sub-license, syndicate, publish, broadcast or otherwise commercialise or make available to any third party any Data or any derivative work, summary, index, average or other product based on the Market Data;

B. use the Market Data other than in connection with your bona fide use of the Coinbase Services in accordance with this Agreement (and, in particular, not for any purpose competitive with Coinbase india, the Operator of the Deribit Exchange or any Data Provider);

C. remove, obscure, alter or fail to display any proprietary notices, attributions, disclaimers, copyright notices, trademarks or service marks associated with the Market Data;

D. use the Market Data in any manner that infringes the intellectual property rights or contractual rights of Coinbase India, the Operator of the Deribit Exchange, any Data Provider or any other person; or

E. store, archive, aggregate or compile the Market Data to create, support or maintain any standalone database, file, identifier system, index or product (including any substitute for the products of the relevant Data Provider).

1.5 Intellectual property. You acknowledge and agree that the Market Data, and all intellectual property rights (including copyrights, trademarks, database rights, trade secrets and other rights) in or to the Data, are and shall remain the sole and exclusive property of the relevant Data Provider (or its licensors), and that no proprietary rights in or to the Market Data are transferred to you by virtue of this Agreement, your use of any Coinbase Service or otherwise.

1.6 No warranties. The Market Data is provided to you on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, none of Coinbase India, the Operator of the Deribit Exchange, the Data Providers or any of their respective affiliates, licensors, officers, directors, employees, agents or contractors makes any representation or warranty (express, implied, statutory or otherwise) of any kind in respect of the Market Data, including any representation or warranty as to:

A .the accuracy, completeness, correctness, currency, timeliness, sequencing, availability, reliability or fitness for any particular purpose of the Market Data;

B. the merchantability or non-infringement of the Market Data; or

C. any results that may be obtained from the use of, or reliance on, the Market Data.

1.7 No liability. To the maximum extent permitted by applicable law, none of Coinbase India, the Operator of the Deribit Exchange, the Data Providers or any of their respective affiliates, licensors, officers, directors, employees, agents or contractors shall have any responsibility or liability for any loss, cost, claim or damage of any kind (whether direct, indirect, special, incidental, consequential, exemplary or punitive, and including loss of profits, loss of business, loss of opportunity, loss of data or loss of goodwill) arising out of or in connection with:

A. any error, omission, inaccuracy, delay, interruption, suspension, discontinuation or other issue affecting the Market Data;

B. your use of, or reliance on, the Market Data; or

C. any decision (including any trading, hedging, valuation, risk-management or other decision) made on the basis of the Market Data,

even if Coinbase India, the Operator of the Deribit Exchange, the relevant Data Provider or any of their respective affiliates has been advised of the possibility of such loss, cost, claim or damage. None of Coinbase India, the Operator of the Deribit Exchange, the Data Providers or any of their respective affiliates shall have any responsibility or liability for any delay or failure due to circumstances beyond their reasonable control.

1.8 No investment advice. The Market Data is provided for informational purposes only and does not constitute, and should not be relied on as, investment advice, a recommendation or an offer or solicitation to buy, sell or hold any digital asset, security, commodity, derivative or other product. You are solely responsible for evaluating the Market Data and for any decisions you make on the basis of, or in reliance on, the Market Data.

1.9 Third-party beneficiaries. You acknowledge and agree that each Data Provider (and the Operator of the Deribit Exchange, where applicable) is an intended third-party beneficiary of this Appendix 4 and shall be entitled to enforce the terms of this Appendix 5 directly against you to the extent of any breach by you of obligations relating to its Market Data.

1.10 Survival. The terms of this Appendix 4 shall survive any termination of your right of access to the Market Data, the suspension or termination of your Coinbase Account, and the termination or expiry of this Agreement.

1.11 Equitable relief. You acknowledge that any unauthorised use, misappropriation or misuse of the Market Data may cause serious and irreparable harm to Coinbase India, the Operator of the Deribit Exchange and/or the relevant Data Provider, in respect of which monetary damages may not constitute an adequate remedy, and that Coinbase India, the Operator of the Deribit Exchange and the relevant Data Provider shall accordingly be entitled to seek injunctive or other equitable relief in respect of any such use, misappropriation or misuse, in addition to any other remedies available to them at law or in equity.

1.12 Specific terms

This Blue Ocean End User Agreement (this “Agreement”), with an effective date as of the last date executed on the signature page hereof, is made by and between Coinbase India (“Distributor”) and the End User. 

1. Definitions. Capitalized terms used herein shall have the meanings set forth in this Section 1.

A. “Claims and Losses” means any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, proceedings, costs, judgments, settlements and expenses of any nature, whether incurred by or issued against an indemnified party or a third party, including, without limitation, (a) indirect, special, punitive, consequential or incidental loss or damage; and (b) administrative costs, investigatory costs, litigation costs and auditors’ and attorneys’ fees and expenses (including in-house personnel). 

B. “Market Data” or “Information” means certain data and other information: (a) disseminated by a System relating to securities or other financial instruments, products, vehicles, or other means; or (b) related to Persons regulated by Blue Ocean or to activities of Blue Ocean; or (c) gathered by Blue Ocean from other sources. 

C. “Blue Ocean Indemnified Parties” means, collectively, Blue Ocean, its affiliates and third-party information providers, and its and their respective owners, officers, directors, employees, contractors and agents. 

D. “Non-Professional End User” means a natural person or qualifying trust that uses Market Data only for personal purposes and not for any commercial purpose and, for a natural person who works in the United States, is not: (i) registered or qualified in any capacity with the Securities and Exchange Commission, the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association; (ii) engaged as an “investment adviser” as that term is defined in Section 202(a)(11) of the Investment Advisors Act of 1940 (whether or not registered or qualified under that Act); or (iii) employed by a bank or other organization exempt from registration under federal or state securities laws to perform functions that would require registration or qualification if such functions were performed for an organization not so exempt; or, for a natural person who works outside of the United States, does not perform the same functions as would disqualify such person as a Non-Professional User if he or she worked in the United States. 

E. “Person” means any individual, corporation, limited liability company, trust, joint venture, association, company, limited or general partnership, unincorporated organization, or other entity. 

F. “Professional End User” means all other Persons who do not meet the definition of Non-Professional End User. “Regulatory Requirements” means (a) the rules, regulations, interpretations, decisions, opinions, orders and other requirements of the Securities and Exchange Commission or other regulatory authorities, as may be applicable; (b) the rules and regulations, disciplinary decisions and rule interpretations of Blue Ocean; (c) Blue Ocean’s decisions, policies, interpretations, user guides, operating procedures, specifications, requirements and other documentation that is regulatory or technical in nature published on Blue Ocean’s website or successor website; and (d) all other applicable laws, statutes, rules, regulations, orders, decisions, interpretations, opinions and other legal or regulatory requirements. 

G. “End User” means, collectively, all Non-Professional End Users and Professional End Users. 

H. “System” means any system Blue Ocean or its affiliates have developed for creation and/or dissemination of Market Data. “Distributor” shall have the meaning defined in the Blue Ocean Market Data Agreement, as may be modified from time to time.

I. “Distributor’s Service” means the service from a Distributor, including the data processing equipment, software, and communications facilities related thereto, for receiving, processing, transmitting, using, and disseminating Market Data to or by End User. 

2. Use of Data. End User may not sell, lease, furnish or otherwise permit or provide access to Market Data to any other Person or to any other office or place. End User will not engage in the operation of any illegal business use or permit anyone else to use Market Data, or any part thereof, for any illegal purpose or violation of any Regulatory Requirements. End User may not present Market Data rendered in any unfair, misleading, or discriminatory format. End User shall take reasonable security precautions to prevent unauthorized Persons from gaining access to Market Data. 

Use by Non-Professional End Users. Market Data is licensed only for personal, non-commercial use by a NonProfessional End User. By representing to Distributor that End User is a Non-Professional End User, or by continuing to receive Market Data at a Non-Professional End User rate, End User is affirming to Distributor and Blue Ocean that End User meets the definition of Non-Professional End User as set forth herein. A Non-Professional End User shall comply promptly with any reasonable request from Blue Ocean, or its designee, for information regarding the Non-Professional End User’s receipt, processing, display, use, and redistribution of Market Data. Use by Professional End Users. Market Data is licensed for internal business use and/or personal use by a Professional End User. Professional End User may, on a non-continuous basis, furnish limited amounts of Market Data to customers in written advertisements, correspondence, or other literature or during voice telephonic conversations not entailing computerized voice, automated information inquiry systems, or similar technologies. Professional End User shall make its premises available to Blue Ocean, or its designee, for physical inspection of Distributor’s Service and of Professional End User’s use of Market Data (including review of any records regarding use of or access to Market Data and the number and locations of all devices that receive Market Data), all at reasonable times and upon reasonable notice, to ensure compliance with this Agreement. 

3. Proprietary Data. Blue Ocean grants to End User a non-exclusive, non-transferable license during the term of the Agreement to receive Market Data distributed to it by Distributor and, thereafter, to use such Market Data as permitted under the terms of this Agreement and Regulatory Requirements. End User acknowledges and agrees that Blue Ocean and its affiliates have proprietary rights to Market Data that (a) originates on or relates to trading on Blue Ocean; (b) relates to activities that are regulated or operated by Blue Ocean; (c) Blue Ocean derives from Market Data that originates on or relates to Blue Ocean; and (d) is a compilation of information and data that Blue Ocean gathers from other sources. End User further acknowledges and agrees that Blue Ocean’s third party information providers may impose certain requirements on the use and distribution of their respective information and data or information derived from their information and data, and accordingly End User’s rights under this Agreement with respect to Market Data including or based on such third party information and data is subject to requirements imposed by the subject provider from time to time, notwithstanding terms and conditions of this Agreement to the contrary. In the event of any misappropriation or misuse by End User or anyone who accesses Market Data through End User, Blue Ocean or its affiliates or third-party information providers shall have the right to obtain injunctive relief for its respective materials. End User shall attribute the source of Market Data as appropriate under all circumstances. 

4. Payment. End User shall assume full and complete responsibility for the payment of any taxes, charges, or assessments imposed on End User or Blue Ocean (except for U.S. federal, state, or local incomes taxes, if any, imposed on Blue Ocean) by any foreign or domestic national, state, provincial, or local governmental bodies, or subdivisions thereof, and any penalties or interest relating to the provision of Market Data to End User. Interest shall be due from the date of the invoice to the time that the amounts that are due have been paid. To the extent permitted by applicable law, End User acknowledges and agrees that the termination of Distributor’s Service for failure to make payments shall not be considered an improper limitation of access by Blue Ocean. For Professional End Users, if any payment is due directly to Blue Ocean under this Agreement, payment in full is due Blue Ocean in immediately available funds within 30 days of the date of an invoice, whether or not use is made of, or access it made to, Market Data. End User agrees to pay Blue Ocean any applicable late fees on all past due amounts that are not the subject of a legitimate and bona fide dispute. 

5. System. End User acknowledges that Blue Ocean, in its sole discretion, may from time to time make modifications, additions, and/or deletions to the System or Market Data or any aspect of either. Such modifications, additions, or deletions may require corresponding changes to be made to Distributor’s Service. Changes or the failure to make timely changes by Distributor may sever, delay, or otherwise affect End User’s access to or use of Market Data. Blue Ocean shall not be responsible for any such effects. Blue Ocean does not endorse or approve any Distributor, Distributor’s Service or equipment utilized by Distributor or End User. 

6. Limitation of Liability. Blue Ocean Indemnified Parties shall not be liable to End User or to any other Person for any inaccurate or incomplete Market Data received from Blue Ocean or from Distributor, any delays, interruptions, errors, or omissions in the furnishing thereof, or any direct, indirect or consequential damages arising from or occasioned by said inaccuracies, delays, interruptions, errors or omissions. This Section shall not relieve Blue Ocean, Distributor, End User, or any other Person from liability for damages that result from their own gross negligence or willful tortious misconduct or from personal injury or wrongful death claims. Blue Ocean, Distributor, and End User understand and agree that the terms of this Section reflect a reasonable allocation of risk and limitation of liability. 

7. Disclaimer of Warranties. END USER EXPRESSLY ACKNOWLEDGES THAT BLUE OCEAN INDEMNIFIED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. 

8. Third-Party Information Providers’ Limitation of Liability. Blue Ocean’s third-party information providers shall have no liability for any damages, whether direct or indirect, whether lost profits, indirect, special, or consequential damages of End User or any other Person seeking relief through End User relating to the accuracy of or delays or omissions in any Market Data provided by Blue Ocean’s third-party information providers, even if the third-party information providers have been advised of the possibility of such damages. In no event will the liability of the third-party information providers or their affiliates to End User or any other Person seeking relief through End User pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid by End User or any other Person seeking relief through End User, as applicable.

9. Claims and Losses. End User agrees to indemnify and hold harmless Blue Ocean Indemnified Parties from any and all Claims and Losses imposed on, incurred by, or asserted as a result of or relating to: (a) any noncompliance by End User with the terms and conditions hereof; and (b) any third-party actions related to End User’s receipt and use of Market Data, whether authorized or unauthorized under this Agreement. Each party agrees to indemnify and hold harmless (and in every case, Blue Ocean shall be permitted to solely defend and settle) another party (including Blue Ocean) and their owners, subsidiaries, affiliates, officers, directors, employees, agents, and any related Persons, against any Claims and Losses arising from, involving, or relating to a claim of infringement or other violation of an intellectual property right by the indemnifying party provided that: (a) the indemnified party promptly notifies the indemnifying party in writing of the Claims and Losses; and (b) the indemnified party reasonably cooperates in the defense of the Claims and Losses. 

10. Termination. End User acknowledges that Blue Ocean, when required to do so in fulfillment of statutory obligations or otherwise, may by notice to Distributor unilaterally limit or terminate the right of any or all Persons to receive or use Market Data, or any part thereof, and that Distributor shall immediately comply with any such notice and terminate or limit the furnishing of Market Data and confirm such compliance by written notice to Blue Ocean. Any affected Person will have available to it such procedural protections as are provided by applicable Regulatory Requirements. In addition to the termination rights permitted under any agreement End User may have with Distributor, this Agreement may be terminated by End User upon 30 days’ written notice to Distributor and by Blue Ocean upon 30 days’ written notice either to Distributor or End User. In the event of End User’s breach, the discovery of the untruth of any representation or warranty of End User, or where directed by a regulatory authority having jurisdiction over Blue Ocean or a Blue Ocean affiliate, Blue Ocean may terminate this Agreement upon not less than 3 days’ written notice to End User provided either by Blue Ocean or Distributor. 

11. Notices. All communications required to be given in writing to Blue Ocean under this Agreement shall be directed to: Blue Ocean Technologies LLC 73 Lockwood Road Riverside, CT 06878 United States Email: marketdata@blueocean-tech.io Direct communication to End User at the last address known to Distributor shall be considered given (a) upon actual receipt if delivered by email, or (b) upon posting the notice or other communication on Blue Ocean’s website (www.blueocean-tech.io) or successor website. End User promptly shall give written notice to Distributor of any change in the name or place of residence or business at which Market Data is received. 

12. Assignment. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective permitted successors and assigns. Neither Distributor nor End User shall assign this Agreement in whole or in part (including by operation of law) without the prior written consent of Blue Ocean, provided, however, that Blue Ocean shall not unreasonably withhold such consent. Notwithstanding the foregoing, Distributor or End User may assign this Agreement in its entirety to an affiliate or subsidiary without the prior written consent of Blue Ocean, provided that the assigning party is not currently in breach of this Agreement or delinquent in any fees owed to Blue Ocean. Blue Ocean may assign or transfer this Agreement or any of its rights or obligations hereunder to a related or unrelated party upon notice to Distributor and End User. 

13. Severability. Each provision of this Agreement will be deemed to be effective and valid under applicable law, but if any provision of this Agreement is determined to be invalid, void, or unenforceable under any law, rule, administrative order or judicial decision, that determination will not affect the validity of the remaining provisions of this Agreement, and such provision shall be construed to be effective and valid to the fullest extent under applicable law. 

14. Entire Agreement; Amendment; Waiver. This Agreement constitutes the complete and entire agreement of the parties to this Agreement with respect to its subject matter and supersedes all prior writings or understandings. If there is any conflict and/or inconsistency between this Agreement and Distributor’s agreement with End User, the terms of this Agreement shall prevail as between Blue Ocean and End User. Blue Ocean may modify any term of this Agreement upon 60 days’ written notice either to Distributor or End User, and any receipt or use of Market Data after such date shall be deemed acceptance of the new term or condition. No failure on the part of Blue Ocean or End User to exercise, no delay in exercising, and no course of dealing with respect to any right, power, or privilege under the Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. 

15. Governing Law; Venue. This Agreement will be governed by and interpreted in accordance with the internal laws of the State of New York, USA without giving effect to any choice or conflict of law provision or rule. End User hereby submits to the jurisdiction of the state and federal courts located in the County of New York in the State of New York for the resolution of any dispute arising under this Agreement. 

16. Headings. Section headings are included for convenience only and are not to be used to construe or interpret this Agreement. All references contained herein to sections or subsections shall refer to the sections or subsections of this Agreement, unless specific reference is made to the sections or subsections of another document. 

17. Third Party Beneficiary. Distributor and End User hereby designate Blue Ocean as a third-party beneficiary of this Agreement, having the right to enforce any provision herein. 

18. Cumulative Remedies. Except as otherwise limited herein, all rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, equity, by statute, in any other agreement between the parties or otherwise. 

19. Counterparts. This Agreement may be executed in one or more counterparts, which shall each be considered an original but all of which shall constitute one and the same Agreement. 

ACCEPTED AND AGREED: I, an authorized officer of the End User to which the preceding terms and conditions refer, acknowledge that I have read the preceding terms and conditions of this Agreement, that I understand them, and that I hereby manifest End User’s assent to, and End 46 User’s agreement to comply with, those terms and conditions by accepting the terms herein as a condition to my access and use of the provisioned services. I further acknowledge and agree to the terms of the Blue Ocean Privacy Policy.

THE DERIVATIVE CONTRACTS ARE NOT SPONSORED, ENDORSED, SOLD OR PROMOTED BY COIN METRICS OR ANY OF ITS SUBSIDIARIES, AFFILIATES OR SERVICES PROVIDERS (COLLECTIVELY THE “INDEX PARTIES“).  THE INDEX PARTIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO COINBASE INDIA OR ANY MEMBER OF THE PUBLIC REGARDING THE ADVISABILITY OF INVESTING IN SECURITIES OR COMMODITIES GENERALLY OR IN THE DERIVATIVE CONTRACTS PARTICULARLY.  THE INDEX PARTIES’ ONLY RELATIONSHIP TO THE DERIVATIVE CONTRACTS AND COINBASE INDIA (THE “LICENSEE”) IS THE LICENSING OF THE INDEX RELATED DATA TO WHICH THE DERIVATIVE CONTRACTS REFER.  THE INDEX PARTIES ARE NOT RESPONSIBLE FOR AND HAVE NOT PARTICIPATED IN THE DETERMINATION OF THE TIMING OF, PRICES AT, OR QUANTITIES OF THE DERIVATIVE CONTRACTS TO BE ISSUED OR IN THE DETERMINATION OR CALCULATION OF THE EQUATION BY WHICH THE DERIVATIVE CONTRACTS ARE TO BE CONVERTED INTO ANY CURRENCY.  THE INDEX PARTIES HAVE NO OBLIGATION OR LIABILITY IN CONNECTION WITH THE ADMINISTRATION, MARKETING OR TRADING OF THE DERIVATIVE CONTRACTS.

Coinbase India User Agreement as of Jun 1, 2025 

1. This Agreement is a contract between you and Coinbase India Private Limited, a private company having a registered office address at  Regus Elegance, 2F, Elegance Jasola District Centre, Old Mathura Road, New Delhi, 110025,

referred to as “Coinbase India”. References in this Agreement to “Coinbase”, “we”, “our” or “us”, are to Coinbase India. References to “Coinbase” are to the Coinbase Group & its corporate affiliates. References to “you” or “your” are to the person with whom Coinbase India  enters into this Agreement.

By signing up to use an account through international.coinbase.com, or any of our associated websites, application programming interfaces (“APIs”), or mobile applications (collectively the “Site“), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, including our Communications Policy in Appendix 2, as well as our Privacy Policy, Cookie Policy, Insurance Disclosure and Prohibited Use Policy.

We refer to the Digital Asset Services, Digital Asset Derivatives Services and Additional Services (all defined below) and such other services that may be offered by Coinbase India from time to time, collectively, as the reseller “Coinbase Services“, which can be accessed via the platform operated by Coinbase (the “Coinbase  Platform”) (including the online platform which is accessible via the Site or at such location as may be prescribed by Coinbase from time to time). Each of the Coinbase Services is provided by Coinbase as set out in clause 2 below. “Digital Asset” means any digital asset (including a virtual currency or virtual commodity or virtual digital asset) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network; and “Supported Digital Asset” means only those particular Digital Assets listed as available to trade or custody in your Digital Asset Wallet. Services and supported assets may vary by jurisdiction.

Amendment of this Agreement: We may make amendments to the Agreement (including in relation to any other Coinbase Services) by providing you with 30 days prior notice of any material changes to be made. We will publish the revised Agreement (a “Revised Agreement”) on the Site or by providing a copy of it to you. The Revised Agreement shall, where lawful, be effective after 30 days of being published on the Site or provided to you (unless we state otherwise) but will not apply retroactively.  Your continued use of the Coinbase Services after the posting or provision of a Revised Agreement constitutes your acceptance of such Revised Agreement.  If you do not agree with any such modification, you should close your Coinbase Account and cease using the Coinbase Services. You agree that any notification of amendments in the manner as aforesaid shall be sufficient notice to you, and your continued access and/or use of Coinbase Services and/or the Site shall constitute an affirmative acknowledgement by you of the amendments and shall be deemed to be your acceptance of the Revised Agreement.  Copies of the most up-to-date version of the Agreement will be made available in the Site at all times.

DISPUTE RESOLUTION: PLEASE BE AWARE THAT SECTION 10 (CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION) OF THIS AGREEMENT, CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COINBASE AND COINBASE INDIA. PLEASE READ SECTION 10 CAREFULLY.

IMPORTANT NOTE: You should be aware that the risk of loss in trading or holding Digital Assets, or derivatives referencing Digital Assets, can be substantial. As with any asset, the value of Digital Assets and derivatives referencing them can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets and derivatives referencing them. Coinbase India Private Limited is registered with the Financial Intelligence Unit – India FIU-IND as a reporting entity bearing No. VA00061119.
You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition, and carefully consider whether trading or holding Digital Assets and derivatives referencing them is suitable for you.

To be eligible to use any of the Coinbase Services, you must be at least 18 years old and reside in a country in which the relevant Coinbase Services are accessible. There are certain features which may or may not be available to you depending on your location and other eligibility criteria.

2.1 Digital Asset Services.

We may resell you the following services (the “Digital Asset Services“):

1. one or more hosted wallets enabling you to store, track, transfer, and manage Supported Digital Assets (the “Digital Asset Wallets“); and

2. a Digital Asset exchange service enabling you to obtain prices for your purchases and sales of Supported Digital Assets, and (subject to certain restrictions) carry out any such purchases or sales on the Site (the “Digital Asset Exchange Service”).

2,2 Digital Asset Derivatives Services.

In addition, we may from time to time provide customers with trading exposure to Digital Asset derivatives transactions (“Digital Asset Derivatives Services“). These Digital Asset Derivatives Services may be made available to users that fulfill certain eligibility criteria.  You acknowledge that we do not provide investment, legal, or tax advice governing or in relation to the Digital Asset Derivatives Services.

2.3 Additional Coinbase Services.

In addition to the core services (i.e. the Digital Asset Services and the Digital Asset Derivatives Services), additional services (“Additional Services“) may be made available by Coinbase Group (defined below) to users that fulfil certain eligibility criteria, including, without limitation, the Additional Services described in Appendix 3. You may also elect to hold Supported Digital Assets in “Coinbase Vault” as further described in Section 4.18. Unless otherwise noted, all references to Digital Asset Wallet include Coinbase Vault. You may also elect to use Coinbase Wallet (an unhosted wallet service).

2.4 Fees, Interest, Commissions and Charges.

You agree to be responsible for the payment of and pay all fees. A list of fees for Coinbase Services, as amended from time to time, can be found on the Site at the ‘Pricing and Fees Disclosures’ and ‘Exchange Fees’ pages, which shall form part of this Agreement.

2.5 Payment.

You shall promptly pay all of Coinbase’s fees, interest, commissions and/or other charges at such rates and in such manner as Coinbase may impose and stipulate from time to time with respect to the execution and/or performance of any Coinbase Services or otherwise for the maintenance of your Coinbase Account (as defined below) or the provision of any service to you or in connection with your Coinbase Account.

2.6 Variation of Fees.

Coinbase reserves the right from time to time in its sole and absolute discretion and by notice to you to vary the rates of fees, interest, commissions and charges or impose other fees, interest, commissions and charges. Fees, interest, commissions and other charges may be quoted on request, posted on the Coinbase Platform or individually notified via email or other modes of communication as Coinbase in its sole and absolute discretion may deem fit. It is your responsibility to ensure that you are aware of current applicable fees, interest, commission, charges and rates.

2.7 Settlement.

All commissions, interest, fees, charges or other amounts owed by you to Coinbase may be settled by Coinbase India at its sole and absolute discretion on the day they fall due by debiting your Coinbase  Account with the relevant amount payable by you. In the event that there are insufficient Digital Assets in your Coinbase  Account, you acknowledge that any amount due and payable from you under this Agreement is a debt immediately due and owing by you to Coinbase India 

2.8 Interest.

Coinbase India shall be entitled at its sole and absolute discretion to charge interest on any amount due to Coinbase India from you to such rate and calculated and/or compounded in such manner as Coinbase India may impose and determine from time to time and to debit any Coinbase  Account in respect of the interest due.

2.9 Deductions and Withholdings.

All amounts owed to Coinbase India shall be settled in such Digital Assets as solely determined by Coinbase India from time to time and shall be free of deduction or withholdings (if applicable). If you are required to effect such deductions or withholdings, then the amount due to Coinbase India shall be increased by such amount as shall result in Coinbase India receiving an amount equal to the amount Coinbase India should have received in the absence of such deduction or withholding.

2.10 Taxes.

Any applicable taxes, duties, disbursements, costs and/or other expenses incurred by Coinbase India in connection with providing the Digital Asset Derivatives Services to you or otherwise in connection with your Coinbase Account shall be fully reimbursed by you.

2.11 Repayment.

If for any reason Coinbase India cannot effect payment or repayment to you in a particular Digital Asset in which payment or repayment is due, Coinbase India may through Coinbase affect payment or repayment in an equivalent amount of any other Digital Assets selected by Coinbase India based on a rate of exchange solely determined by Coinbase India, acting reasonably, in respect thereof at the relevant time.

2.12 Set off.

Without prejudice to any right of set-off under this Agreement or applicable law, you acknowledge and agree that Coinbase India may set off all amounts of whatever nature, denominated in whatever Digital Asset or currency or otherwise and wherever arising which are due from you (or, where appropriate, from the relevant entity for whom you are acting) or to you (or, where appropriate, to the relevant entity for whom you are acting) in respect of the Coinbase  Services provided to you through the Coinbase  Platform or otherwise. You acknowledge and agree that you (or, where appropriate, the entity for whom you are acting) will not be entitled to exercise any right of set-off or counterclaim against amounts due to Coinbase India

2.13 Coinbase Group.

In this Agreement, “Coinbase Group” means “Coinbase” and its corporate affiliates.

3.1 Registration of Coinbase  Account.

To use the Coinbase  Services, you will need to register for a Coinbase  account (a “Coinbase  Account“) by providing your details, including, but may not be limited to, your name, email address and a password, completing certain verification procedures, and accepting the terms of this Agreement. By using a Coinbase Account, you agree and represent that (a) you are a resident of India under Indian tax and exchange control laws, and will use the Coinbase  Services only if you remain so b) you will use the applicable Coinbase Services only for yourself, and not on behalf of any third party and as such you are the legal and beneficial owner of this account. Each customer may register only one Coinbase  account. You are fully responsible for all activity that occurs under your Coinbase  Account. We may, in our sole discretion, refuse to open a Coinbase  Account for you, or suspend or terminate any Coinbase  Accounts (including but not limited to duplicate accounts) or suspend or terminate the trading of specific Digital Assets in your Coinbase  Account or the sending of Digital Assets from your Coinbase  Account. Please see Section 7 below for more information.

3.2 Consent to Access; Processing and Storage of your Personal Data & Identity Verification.

You agree to provide us with the information we request (which we may request during registration for your Coinbase  Account or at any time deemed necessary) for the purposes of identity verification, providing the Coinbase Services to you (including the establishment of applicable limits), and the prevention and detection of money laundering, terrorist financing, fraud, or any other financial crime, including as set out in Appendix 1 (Verification Procedures and Limits) and permit us to keep a record of such information.

The information we request may include (but is not limited to) personal information such as your name, residential address, mobile number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, IFSC code, and account number), network status, customer type, customer role, billing type, mobile device identifiers (e.g. international mobile subscriber identity and international mobile equipment identity) and other subscriber status details, and any such information that Coinbase India is required to collect from time to time under applicable law.

You may also be required to undergo “Enhanced Due Diligence”, where Coinbase India may request that you submit additional information about yourself or your business, provide relevant records, and arrange for meetings with Coinbase staff so that Coinbase may, among other things, establish the source of your wealth and source of funds for any transactions carried out in the course of your use of Coinbase  Services.

In providing us with this or any other information that may be required, you confirm that the information is true, accurate and complete, and you have not withheld any information that may influence Coinbase evaluation of you for the purposes of your registration for a Coinbase  Account or the provision of Coinbase Services to you. You undertake to promptly notify in writing and provide Coinbase with information regarding any changes in circumstances that may cause any such information provided to become false, inaccurate or incomplete and also undertake to provide any other additional documents, records and information as may be required by Coinbase and/or applicable law. You permit us to keep records of such information.  We will treat this information in accordance with Section 13 (Data Protection).

You authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such enquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Coinbase Services and/or before permitting you to engage in transactions beyond certain volume limits.  We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Further, you authorise your wireless carrier to use or disclose  information about your account and your wireless device, if available, to Coinbase or its service provider for as long as you have a Coinbase  Account, solely to help them identify you or your wireless device and to prevent fraud.

4.1 In General.

Your Digital Asset Wallet enables you to send Supported Digital Assets to, and request, receive, and store Supported Digital Assets from Digital Asset Wallets that are under your control, by giving instructions through the Site. Coinbase does not support the transfer and receipt of Supported Digital Assets from and to Digital Asset Wallets that are controlled by third parties. If you send Supported Digital Assets to an address owned or controlled by a third party (for example another individual’s self-hosted wallet or account at another exchange), this is a violation of these terms of service.

We recommend customers send a small amount of Supported Digital Assets as a test when sending to a Digital Asset Wallet under their control that is outside the Coinbase  Platform, before sending a significant amount of Supported Digital Assets outside the Coinbase  Platform. You may not be able to send Supported Digital Assets off the Coinbase Platform until the funds for the purchase of the Supported Digital Asset have settled to Coinbase India.The Digital Asset Exchange Service enables you to buy Supported Digital Assets on the Coinbase Platform using other types of Supported Digital Assets in your Digital Asset Wallet.

Conversely, when you sell Supported Digital Assets on the Coinbase  Platform, you will receive other types of Supported Digital Assets in your Digital Asset Wallet, as selected by you when selling Supported Digital Assets.

Coinbase India facilitates and enables the purchase and sale of Supported Digital Assets on the Coinbase  Platform. The Digital Asset Service enables you to buy Supported Digital Assets on the Coinbase India  Site using:

1. Central bank issued currency (such as INR ) if and as supported by Coinbase India; and/or

2. Other types of Supported Digital Assets in your Digital Asset Wallet.

Conversely, when you sell Supported Digital Assets on the Coinbase  Platform, you may elect to receive:

1. Central bank issued currency (such as INR ) supported by Coinbase India; and/or

2. Other types of Supported Digital Assets in your Digital Asset Wallet.

The transactions described in this Section 4.1 are referred to in this Agreement as “Digital Asset Transactions”.

4.2 Fiat Currency Transactions

You may purchase Supported Digital Assets by linking a valid payment method to your Digital Asset Wallet. You authorise us to debit funds using your selected payment method(s) to complete your purchase.

Although we will attempt to deliver Supported Digital Assets to you as promptly as possible, funds may be debited from your selected payment method before the status of your Digital Asset Transaction is shown as complete, and the Supported Digital Asset is delivered to your Digital Asset Wallet. You may sell Supported Digital Assets in exchange for fiat currency (such as INR ) supported by Coinbase India . In such circumstances, you authorise us to debit your Digital Asset Wallet and to send instructions to credit your selected payment method(s) in settlement of sell transactions. We will send these instructions as soon as reasonably possible.

Any fiat currency should be credited to your selected payment method(s) by the end of the business day after we send such instructions.

For the aforesaid purpose, You hereby appoint Coinbase India as your duly authorized payment collection agent to whom the payment is due, and you agree and understand that Coinbase India does not operate a payment system.

4.3 Transaction Fulfillment.

We will make reasonable efforts to fulfil all purchases of Supported Digital Assets, but in some circumstances, Coinbase may be unable to. If this is the case, Coinbase will notify you and seek your approval to re-attempt the purchase at the current Exchange Rate (as defined below). We may adjust prices or cancel trades on the basis that the price traded is not representative of market value or the number of contracts traded is in error. Coinbase will make the final decision on whether a trade price is adjusted, cancelled or allowed to stand. In determining whether a trade has taken place at an unrepresentative price or at an erroneous contract number, certain factors will be taken into account.

They may include, but not be limited to:

1. current market conditions, including levels of activity and volatility;

2. time period between different quotes and between quoted and traded prices;

3. information regarding price movement in related contracts, the release of economic data or other relevant news;

4. manifest error;

5. whether there is any indication that the trade in question triggered stops or resulted in the execution of spread trades;

6. whether another market user or client relied on the price;

7. any other factor which Coinbase, in its sole discretion, may deem relevant.

4.4 Availability of Payment Methods

The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third party payment processors.

4.5 Conversion Fees.

Each purchase or sale of Supported Digital Assets is subject to a fee and, if applicable based on the service, a spread (a “Conversion Fee“). The applicable Conversion Fee will be displayed to you on the Site prior to each transaction and is stated in each receipt we issue to you. We may adjust our Conversion Fees at any time. We will not process a transaction if the Conversion Fee and any other associated fees would, together, exceed the value of your transaction. A full list of Coinbase ‘s fees and the way fees are calculated can be found on our ‘Exchange Fees’ page.

4.6 Exchange Rates

Each purchase or sale of Supported Digital Assets is also subject to the Exchange Rate for the given transaction. The “Exchange Rate” means the price of a given Supported Digital Asset in fiat currency, USDC (or such other stablecoin as Coinbase may wish to use for quotations, from time to time), as quoted on the Site. The Exchange Rate is stated either as a “Buy Price” or as a “Sell Price”, which is the price at which you may buy or sell Supported Digital Assets, respectively.

You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or ‘spread’ to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorise a transaction. You can learn more about Coinbase’s Exchange Rates on our ‘Exchange Fees’ page on the Site. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and / or sell your Supported Digital Assets on the open market at any particular price or time.

4.7 Authorisations; Reversals; Cancellations.

By clicking the ‘Buy’ or ‘Sell’ button on the Site, you are authorising Coinbase to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion Fees and ‘Exchange Fees’ and any other fees.

You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your Digital Asset Wallets  have insufficient balance in the Supported Digital Asset that you wish to pay with, you authorise us, in our sole discretion, either to cancel the transaction or to debit other balances on your Digital Asset Wallets, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider. Coinbase India reserve the right to suspend access to any and all Coinbase  Services until such insufficient payment is addressed.

4.8 Digital Asset Transactions.

Coinbase will process Digital Asset Transactions in accordance with the instructions Coinbase receives from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requestee or other third party and we will have no liability or responsibility for ensuring that the information you provide is accurate and complete.

Digital Asset Transactions cannot be reversed once they have been broadcast to the relevant Digital Asset network. If you initiate a Digital Asset Transaction by entering the recipient’s email address or mobile phone number and the recipient does not have an existing Coinbase  Group Account, we will invite the recipient to open a Coinbase  Account. If the recipient does not open a Coinbase  Account within 30 days, we will return the relevant Supported Digital Asset to your Digital Asset Wallet.

We may charge network fees (miner fees) to process a Digital Asset Transaction on your behalf. We will calculate the network fees at our discretion, although we will always notify you of the network fees at (or before) the time you authorise the Digital Asset Transaction. A description of network fees can be found on our ‘Pricing and Fees Disclosures’ page on the Site. When you or a third party sends Digital Assets to a Coinbase Digital Asset Wallet from an external wallet not hosted on Coinbase (an “Inbound Transfer”), the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of network fees in order for the transaction to be completed successfully and ensuring that the Digital Asset being sent is a Supported Digital Asset that conforms to the particular wallet address to which funds are directed, including any additional address feature(s) for identifying a transaction recipient beyond a wallet address to the extent required by Coinbase or the Supported Digital Assets protocol to credit the Inbound Transfer to your Coinbase  Account (e.g., a “Destination Tag/Memo”). Non-payment of network fees may cause your transaction to remain in a pending state outside of Coinbase India’s control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.

Once submitted to a Digital Asset network, a Digital Asset Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Asset network. A Digital Asset Transaction is not complete while it is in a pending state. Digital Assets associated with Digital Asset Transactions that are in a pending state will be designated accordingly and will not be included in your Digital Asset Wallet balance or be available to conduct Digital Asset Transactions until confirmed by the network. Once the Digital Asset Transaction has completed you will receive a trade execution report confirming the transfer and the fees incurred.

We may also refuse to process or cancel any pending Digital Asset Transaction as required by law, regulation or any court or other authority to which Coinbase is subject in any jurisdiction, for instance, if there is suspicion of money laundering, terrorist financing, breaches of international sanctions, fraud, or any other financial crime.

4.9 Supported Digital Assets.

Our Digital Asset Services are available only in connection with Supported Digital Assets.

Under no circumstances should you attempt to use your Digital Asset Wallet to store, send, request, or receive Digital Assets in any form that we do not support. We assume no responsibility or liability in connection with any attempt to use your Digital Asset Wallet for Digital Assets that we do not support or with regard to a Supported Digital Asset sent to a wrong or  incompatible Digital Asset wallet address.  All such erroneously transmitted Digital Assets will be lost.  You acknowledge and agree that Coinbase India bears no responsibility and is not liable for any unsupported asset that is sent to a wallet associated with your Coinbase  Account. If you send an unsupported Digital Asset to a wallet associated with your Coinbase Account, then you will lose that Digital Asset. For some lost Digital Assets, Coinbase may in its sole discretion offer you the option to attempt a recovery. We may charge fees to process the recovery attempt on your behalf. We will calculate all fees at our discretion, and notify you of the applicable fees at or before the time you authorize the recovery attempt. For more information, see our ‘Pricing and Fees Disclosures Page’ on the Site. The actual amount recovered may differ from the estimated recovery amount. Coinbase does not evaluate the authenticity, safety, or security of unsupported assets. You acknowledge and agree that Coinbase is not liable for any loss incurred during the recovery attempt or subsequent use of the recovered asset.

By initiating an Inbound Transfer, you attest that you are transacting in a Supported Digital Asset that conforms to the particular wallet address to which funds are directed. For example:

A. If you select an Ethereum wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Ethereum alone, and not any other Digital Asset such as Bitcoin or Ethereum Classic.

B. If you select a Bitcoin wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Bitcoin alone, and not any other Digital Asset such as Bitcoin Cash or Ethereum.

If you have any questions about which Digital Assets we currently support, please visithttps://help.Coinbase.com.

4.10 Ending support of a Digital Asset.

Coinbase may in its sole discretion terminate support for any Digital Asset. Coinbase will, to the extent required by applicable law, provide you with the minimum period of advance notice required by applicable law or a regulatory authority via email to the email address associated with your Coinbase  account to announce the end of such support. If you do not sell or send such Digital Assets off the Coinbase Platform during this time, Coinbase reserves the right to withdraw such Digital Assets from your account and credit your Coinbase  Account with the market value of a Supported Digital Asset or a fiat currency (which denomination will be selected in our reasonable discretion).

4.11 USDC Wallets

Where available, you may elect to buy USD Coin (“USDC”) from Coinbase , a Digital Asset issued by Circle Internet Financial (“Circle”) and supported by Coinbase . You are the owner of the balance of your “USDC Wallet”. Coinbase is not the issuer of USDC, does not hold reserves for USDC, and has no obligation to repurchase your USDC for USD. You can redeem your USDC with Circle, and Coinbase may also elect to repurchase your USDC in exchange for USD. You agree to be bound by the terms of the Circle USDC User Agreement (located at (https://support.usdc.circle.com/hc/en-us/articles/360001233386-Circle-USDC-User-Agreement), which provides additional obligations, undertakings, and limitations with respect to USDC.

4.12 Recurring Digital Asset Transactions.

If you set up a recurring purchase of a Supported Digital Asset (a “Future Transaction”), you authorise us to initiate recurring electronic payments in accordance with your selected Digital Asset Transaction and any corresponding payment accounts, such as direct debits from, or credits to, your linked bank account. This authorisation will remain in full force and effect until you change your Future Transaction settings or until you provide us with written notice via https://help.coinbase.com. Your Future Transactions will occur in identical, periodic installments, based on your period selection (e.g., daily, weekly, monthly), until either you or Coinbase cancels the Future Transaction.

If you select a bank account as your payment method for a Future Transaction, and such transaction falls on a weekend or public holiday in the location in which the relevant bank is located, or after the relevant bank’s business hours, the credit or debit will be executed on the next business day, although the Digital Asset fees at the time of the regularly-scheduled transaction will apply. If your bank is unable to process any payment to Coinbase, we will notify you of cancellation of the transaction and may avail ourselves of remedies set forth in this Agreement to recover any amount owed to Coinbase. You agree to notify Coinbase in writing of any changes in your linked bank account information prior to a Future Transaction.

4.13 Supplemental Protocols Excluded.

Unless specifically announced on the Site, or otherwise as set forth in this Agreement, Supported Digital Assets excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Asset. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as staking, protocol governance, and/or any smart contract functionality, which may supplement or interact with a Supported Digital Asset (collectively, “Supplemental Protocols”). Do not use your Coinbase  Account to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such Supplemental Protocols, as the Coinbase  Platform is not configured to detect, secure, or process these transactions and functionalities. Any attempted transactions in such items will result in loss of the item.

You acknowledge and agree that other than as set forth in this Agreement, Supplemental Protocols are excluded from Supported Digital Assets and that Coinbase India or Coinbase has no liability for any losses related to Supplemental Protocols.

4.14 Operation of Digital Asset Protocols.

Coinbase does not own or control the underlying software protocols which govern the operation of Digital Assets. Generally, the underlying protocols are ‘open source’ and anyone can use, copy, modify, and distribute them.

We assume no responsibility for the operation of the underlying protocols and we do not guarantee the functionality or security of network operations. You acknowledge and accept the risk that underlying software protocols relating to any Digital Asset you store in your Digital Asset Wallet may change.

In particular, the underlying protocols are likely to be subject to sudden changes in operating rules (including “forks”). Any such operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Asset you store in your Digital Asset Wallet. Coinbase India or Coinbase does not control the timing and features of these operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by Coinbase India or Coinbase in determining whether to continue to transact in the affected Digital Asset using your Coinbase  Account. In the event of any such operational change, Coinbase India and Coinbase reserves the right to take such steps as may be necessary to protect the security and safety of assets held on the Coinbase  Platform, including, without limitation, temporarily suspending operations for the involved Digital Asset(s), and other necessary steps; Coinbase India and Coinbase will use its best efforts to provide you notice of its response to any material operating change; however, such changes are outside of Coinbase India ’s or Coinbase control and may occur without notice to Coinbase India and Coinbase. Coinbase or Coinbase India’s or response to any material operating change is subject to its sole discretion and includes deciding not to support any new Digital Asset, fork, or other actions.

You acknowledge and accept the risks of operating changes to Digital Asset protocols and agree that Coinbase is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that Coinbase has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported Digital Assets or protocols. You further acknowledge and accept that Coinbase has no responsibility to support new Digital Asset forks or operating changes for Digital Assets.

4.15 Fungibility of Certain Digital Assets.

You acknowledge and agree that Coinbase may hold Supported Digital Assets in your Digital Asset Wallets in a variety of different ways, including across multiple blockchain protocols, such as layer two networks, alternative layer one networks, or side chains. In connection with its holding of Supported Digital Currencies in your Digital Asset Wallets, Coinbase may transfer such Digital Assets off of the primary blockchain protocol and hold such Digital Assets on shared blockchain addresses, controlled by Coinbase, on alternative blockchain protocols in forms compatible with such protocols. You agree that all forms of the same Digital Assets that are held and made available across multiple blockchain protocols may be treated as fungible and the equivalent of each other, without regard to (a) whether any form of such Digital Assets is wrapped or (b) the blockchain protocol on which any form of such Digital Assets is stored.

4.16 Digital Asset Storage & Transmission Delays.

Coinbase securely stores Digital Asset private keys, in a combination of online and offline storage. Our security protocols may delay the initiation or crediting of a Digital Asset Transaction.

4.17 Third party Payments.

We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or receive from, or sell or transfer to, any third party (including other users of the Digital Asset Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, any third party using Digital Assets transferred using the Digital Asset Services, or if you have a dispute with such a third party, you should resolve the dispute directly with that third party.

If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Coinbase India Support at: trust@coinbase.com so that we may consider what action to take, if any.

4.18 Coinbase Vaults.

Coinbase does not support the use of multisig vaults. You may elect to use other services, such as the Coinbase Vault, which allow you to set withdrawal time-delays and create other conditions around the custody and transfer of your Supported Digital Assets. Additional rules associated with such product(s) and service(s) may apply.

4.19 Digital Asset Title.

A. All Supported Digital Assets held in your Digital Asset Wallet are assets held by the Coinbase Group for your benefit as described below.

B. All Supported Digital Assets held in your Digital Asset Wallet are held by the Coinbase Group in custody on your behalf. You transfer legal title of the Digital Asset to Coinbase Group, but not beneficial ownership, therefore the beneficial interest in the Supported Digital Assets held in your Digital Asset Wallet remains with you at all times, except as provided herein. None of the Supported Digital Assets are Coinbase Group’s property or shall be loaned to Coinbase India or are subject to the claims of Coinbase Group creditors; Coinbase does not represent or treat assets in a user’s Digital Asset Wallet as belonging to Coinbase India. Except as required by applicable law, a facially valid court order or government direction, or except as provided herein, Coinbase  will not sell, pledge, grant security in, transfer, loan, hypothecate, or otherwise alienate Digital Assets in your Digital Asset Wallet unless instructed by you other than as permitted in Section 5 of this Agreement or required to be used to satisfy any outstanding Fees, Interest, Commissions, Charges, Obligations, Margin Requirements for a Derivatives Transaction or the Margin Loan Margin requirements for a Margin Lending Transaction entered into by you in accordance with the terms of this Agreement or compelled by a court of competent jurisdiction to do so or government authority to do so..

C. As the beneficial owner of Supported Digital Assets in your Digital Asset Wallet, you shall bear all risk of loss of such Supported Digital Assets. No company within the Coinbase Group shall have any liability for fluctuations in the fiat currency value of Supported Digital Assets held in your Digital Asset Wallet.

D. Other than provided for in Sections 5.20-5.31 below none of the Supported Digital Assets in your Digital Asset Wallet are the property of, or shall or may be loaned to, Coinbase India; Coinbase does not represent or treat assets in a user’s Digital Asset Wallets as belonging to Coinbase India. Except as required by a facially valid court order or government direction,, or except as provided herein, Coinbase will not sell, pledge, grant security in, transfer, loan, hypothecate, or otherwise alienate Digital Assets in your Digital Asset Wallet unless instructed by you other than as permitted in Section 5 of this Agreement or required to be used to satisfy any outstanding  Fees, Interest, Commissions, Charges, Obligations, Margin Requirements for a Derivatives Transaction or the Margin Loan Margin requirements for a Margin Lending transaction entered into by you in accordance with the terms of this Agreement or compelled by a court of competent jurisdiction  or government authority to do so.

E. You control the Supported Digital Assets held in your Digital Asset Wallet. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Supported Digital Assets by sending them to a different blockchain address controlled by you.

F. In order to more securely hold Supported Digital Assets, the Coinbase Group may use shared blockchain addresses, controlled by a member of the Coinbase Group, to hold Supported Digital Assets held on behalf of customers and/or held on behalf of Coinbase India. Customers’ Supported Digital Assets are segregated from Coinbase’s own Digital Assets or funds by way of separate ledger accounting entries for customer and Coinbase Group accounts. Notwithstanding the foregoing, Coinbase shall not have any obligation to use different blockchain addresses to store Supported Digital Assets owned by you and Supported Digital Assets owned by other customers or by Coinbase.

Coinbase India is under no obligation to issue any replacement Digital Assets in the event that any Digital Asset, password or private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible.

4.20 Coinbase India may determine its response to a Distribution Event based on the instructions by Coinbase. “Distribution Event” shall mean an Air Drop, or some other issuance of rights, services or interests based on the holding of a Digital Asset or Margin, but shall not include any reward generated for on-chain staking from a proof of stake validation protocol. “Air Drop” means a distribution of a new token or tokens resulting from the ownership of a pre-existing token. These tokens are incremental units of the same or a new Digital Asset. The distributions are made as a result of holding a Digital Asset or  Margin without any action taken by the holder of such Digital Asset or Margin.

5.1 In General.

Coinbase India  facilitates and enables the trading of Digital Asset Derivatives between its customers on the Coinbase International Exchange Platform. The Digital Asset Derivatives Services enable you to enter into certain types of trading contracts that reference Digital Assets as the underlying reference asset (“Digital Asset Derivatives”). These Digital Asset Derivatives contracts are entered into between you and customers on the Coinbase Platform. Coinbase India  allows you to trade on the basis of an agreed future price of a particular Digital Asset, with no fixed expiry date (each transaction of this nature being defined as a “Derivatives Transaction”).

5.2 Execution Only.

The Digital Assets Derivatives Services are an execution-only service. This means that, in using the Digital Assets Derivatives Services: (a) you can only enter into Derivatives Transactions with customers of the Coinbase Platform; (b) you cannot transfer Derivatives Transactions to other platforms, or enter into secondary trading in respect of them; and (c) any open Derivative Transaction positions in your Coinbase Account can only be closed on the Coinbase  Platform.

RISKS

5.3 General.

Trading in Digital Asset Derivatives is high risk and highly speculative. This is particularly true given the volatile nature of Digital Asset markets. In entering into a Derivatives Transaction, you accept the full risk that you could lose all the Balance in a Derivatives Transaction, and the Margin that you post to support those Derivatives Transactions, and beyond that your Supported Digital Assets in your Coinbase Account. 

5.4 Margin.

Derivatives Transactions require the posting of Margin and the maintenance of that as Digital Assets markets move, meaning that a movement of the market against you could result in you not holding adequate Margin in line with Coinbase India ’s margin requirements as notified to you on the Coinbase Platform from time to time (the “Margin Requirements”), and therefore be subject to partial liquidation or close-out of your positions, and thereby crystallising losses without you taking action. Accordingly, open Derivatives Transactions require ongoing monitoring and management to ensure you can manage your positions effectively.

5.5 Underlying.

No title ownership of Underlying Digital Asset. In entering into Derivatives Transactions you are not entering into a sale or purchase agreement to purchase Digital Assets themselves. A Derivatives Transaction does not give you any rights to receive any underlying Digital Asset.  Instead it is a contract that provides an agreed position with respect to the future price of a Digital Asset that may result in a profit or a loss for you.

5.6 Index Pricing.

In order to provide pricing to carry out Derivatives Transactions and set Margin requirements, Coinbase India  provides a suitable price for Supported Digital Assets on the CoinbasePlatform which is calculated by reference to a number of different price feeds from key liquid crypto markets globally. Coinbase calculates this price by taking the median of prices from these crypto markets in order to provide a price that seeks to appropriately reflect the market price. Market dynamics and the calculation of these prices mean that, although Coinbase will make efforts to ensure that its prices reflect the market to the extent possible, during exceptional market conditions, pricing may at times vary from the market and that could lead to Liquidations or Auto-Deleveraging. You should ensure that you monitor Coinbase price feeds and your Coinbase Account in order to manage your open Derivatives Transactions to avoid unintended consequences.

TRADING & MARGIN 

5.7 Margin Requirements.

Coinbase Platform’s Margin Requirements are important with respect to your use of the Digital Asset Derivatives Services and you should familiarise yourself with them via the Coinbase Platform, prior to entering into any Derivatives Transaction. The Margin Requirements will set out how Margin is calculated, how to maintain appropriate Margin levels, deleveraging processes and close-out processes and when and how they are implemented, how the Insurance Fund operates, and other important requirements. By entering into a Derivatives Transaction you agree to comply with, and be subject to, the Margin Requirements in place at the time you enter into that Derivatives Transaction, and further you agree that Coinbase India  may exercise rights, including on behalf of Derivative Transaction counterparties, as further described in the Coinbase Platform (for example around Liquidation and Auto-Deleveraging) with respect to your open Derivative Transaction positions and your Coinbase  Account. Coinbase reserves the right to make amendments to the Margin Requirements in its sole discretion at any time without prior notice. The Margin Requirements which apply to any particular Derivatives Transaction will be those in force when the Derivatives Transaction is entered into by you.

5.8 Margin Levels and Requirements.

In entering into a Derivatives Transaction you must post and/or maintain certain levels of funds or assets in order to guarantee the open positions that you hold at any one time (“Margin”) by transferring the relevant Supported Digital Assets from your Digital Asset Wallet to the relevant account as set out on the Coinbase Platform. The requirements in relation to Margin for Derivatives Transactions, including full details of how Margin is calculated and what you must do to maintain your Margin, are set out in the relevant Margin Requirements applicable to that Derivative Transaction. Further, Margin may be posted in a range of different Supported Digital Assets (as notified to you from time to time via the Coinbase  Platform), but some Supported Digital Assets may have less favourable terms for use as Margin to reflect their volatility and the liquidity of the markets they trade in, as further described in the relevant Margin Requirements.

5.9 Entering into a Derivatives Transaction.

To enter into a Derivatives Transaction, you must first place an order to enter into a Derivative Transaction on the Coinbase  Platform (an “Order”), and post the “Initial Margin” for that Derivative Transaction, as quoted on the Coinbase Platform. The Initial Margin is the amount of assets that are required to be pledged to Coinbase  to guarantee the position you are opening in relation to that Derivative Transaction. Initial Margin must be posted in USDC, or another Supported Digital Asset that Coinbase India  allows to be used for Margin purposes (as set out on the Coinbase  Platform from time to time). Once you have placed an Order and posted the relevant Initial Margin, Coinbase India  will (in its sole and absolute discretion) either accept or not accept that Order. If the Order is accepted, that Derivatives Transaction is now open and contractually binding upon you. If the the total unencumbered Supported Digital Assets available in your Coinbase  Account (“Balance”) are not sufficient to cover the Initial Margin for a particular Derivatives Transaction you wish to place an Order for, you will not be able to enter into that Derivatives Transaction.

5.10 Order Acceptance.

When you place an Order, Coinbase will review that Order and determine, based on a number of factors in its sole discretion, whether or not to accept or reject that Order. If an Order is accepted by Coinbase  an open Derivative Transaction position will be reflected in your Coinbase  Account and the Initial Margin posted for that Derivative Transaction will be locked  to act as collateral for the Derivative Transaction. If an Order is rejected by Coinbase, you will be notified of that via your Coinbase Account, no open Derivative Transaction position will be reflected in your Coinbase  Account, and the Initial Margin posted for that Order will become available to you again to use for an alternative Order. Coinbase and Coinbase India will not be liable for any loss suffered as a result of the non-execution of a Derivatives Transaction due to the Initial Margin not being posted.

5.11 Maintenance Margin.

Once you have entered into a Derivatives Transaction, in order to avoid “Liquidation” (i.e. your positions being closed via the Coinbase  Platform to deleverage, in order to bring your Maintenance Margin above the required value), you must ensure that your Balance stays above the value of the Margin required to be maintained in your Coinbase Account to maintain your open Derivatives Transactions positions as the market moves (the “Maintenance Margin”). The Maintenance Margin required at any time to avoid Liquidation of your open Derivatives Transaction positions will be shown in your Coinbase  Account, alongside the value of your Balance , to enable you to manage this. It is your responsibility to manage your Maintenance Margin and monitor it to avoid any Liquidation. If you do not maintain your Balance above the Maintenance Margin required at any time to support all your open Derivatives Transaction positions, Coinbase may liquidate any open positions  in that Account using its “Automatic Liquidation Algorithm”, as set out at Section 5.12.

5.12 Automatic Liquidation Algorithm.

Coinbase India  will suspend any user that does not meet their Maintenance Margin Requirement and, using its Liquidation Algorithm, will select such open Derivatives Transaction positions for close-out as it deems necessary for the Account to meet or exceed the Maintenance Margin requirement. The Automatic Liquidation Algorithm will submit orders for your Account for an equal and opposite Derivatives Transaction position, with losses or gains resulting from applying the Automatic Liquidation Algorithm being for your account.

5.13 Close-out Margin.

Once you have entered into a Derivatives Transaction, in order to avoid “Auto-Deleveraging” (i.e. your positions being closed via the backstop liquidity providers that Coinbase maintains a relationship with), you must ensure that your Balance stays above the value of the Margin required to be maintained in your Coinbase Account to avoid Auto-Deleveraging of your open Derivatives Transactions positions as the market moves (the “Close-out Margin”). The Close-out Margin required with respect to your open Derivatives Transaction positions will be shown in your Coinbase  Account, alongside the value of your Balance, to enable you to manage this. If you do not maintain your Balance above the Close-out Margin required at any time to support all your open Derivatives Transaction positions), Coinbase may liquidate any or all open Derivatives positions in that Account by transferring the earmarked Positions to one or more “Liquidity Support Providers” accordance with Section 5.14.

5.14 Liquidity Support Provision.

If you fail to meet your Close-out Margin requirement at any time, Coinbase  will suspend your access to your Coinbase Account, and, subject to Section 5.15 (Full Liquidation), transfer the necessary positions in the relevant Account to the Liquidity Support Providers in accordance with Section 5.16 (Liquidity Support Provider) until the Balance in your Account exceeds its Close-out Margin Requirement.

5.15 Full Liquidation.

If all Derivative Transaction positions in an Account have to be transferred to Liquidity Support Providers as the Balance in the Account is equal to or less than the Close-Out Margin requirement, then Coinbase will (subject to Section 5.17 (Insurance Fund)):

1, transfer the open Derivative Transaction positions to Liquidity Support Providers in accordance with Section 5.16 (Liquidity Support Provider); and

2. transfer the Balance in your Account to the Liquidity Support Providers and the Insurance Fund.

5.16 Liquidity Support Provider.

Where you fail to meet your Close-out Margin requirement, Coinbase will transfer your open Derivative Transaction positions to Liquidity Support Providers. Coinbase may incentivise Liquidity Support Providers to participate in the Liquidity Support Provider programme by providing discounts from Fees and such other incentives as it may publish from time to time.

5.17 Insurance Fund.

Coinbase  will maintain an insurance fund (the “Insurance Fund”) on behalf of Coinbase  India customers that enter into derivative trading transactions, designed to provide funding to cover any negative Balance positions that may occur in closing open Derivatives Transactions when the Digital Assets market is subject to periods of stress. It seeks to ensure that your Balance cannot become negative such that you become a debtor to the Coinbase  Platform. The Insurance Fund is funded by utilising excess collateral that arises from any transactions on the Coinbase  Platform that have been subject to Auto-Deleveraging. Whilst the Insurance Fund has been designed to operate even under periods of significant stress, Coinbase cannot guarantee that the Insurance Fund will cover all shortfalls that may occur in exceptional unforeseen circumstances, and accordingly you agree that, if the Insurance Fund is depleted during a period of exceptional trading conditions, if you hold open positions at that time which are in profit, you may be subject to Liquidation solely to the extent necessary in order to fund shortfalls of other accounts that are in negative Balance.

5.18 Auto-Deleverage.

If your open Derivatives Transaction positions cannot be transferred to Liquidity Support Providers on the basis that the Liquidity Support Provider fund is insufficient and provided that Section 5.17 (Insurance Fund) does not apply, a part of those Derivatives Transaction position(s) will be transferred to all other users in proportion.

SECURITY INTEREST

5.19

All Margin and all other Digital Assets, securities, INR, financial assets, security entitlements, general intangibles and other property delivered by you to the Coinbase  Platform, including without limitation, in your Coinbase  Account and any Locked Capital Account (“Collateral”) shall be held by Coinbase India , notwithstanding any provision or instructions to the contrary, as security on a continuous basis and shall be subject to a general lien and right of set-off in favour of Coinbase India  for any and all of your obligations, liabilities or monies whatsoever at any time now or hereafter owing, due, incurred or payable by you to Coinbase India  under this Agreement or otherwise, whether present or future, actual or contingent, solely or jointly or whether as principal or surety (“Obligations”). In addition, as continuing security for the Obligations, you hereby charge by way of first fixed charge and assign by way of security (the “Security Interest”), in favour of Coinbase India , all of your rights, title and interest in the Collateral.

5.20

Without prejudice to Coinbase India ’s rights under this Agreement (including, without limitation, Coinbase India ’s rights pursuant to a Liquidation, Sections 5.23 – 5.27 below and/or the occurrence of any event giving Coinbase India  the right to terminate this Agreement under Section 9.1), you agree that Coinbase India  shall have the right to sell, transfer, loan, hypothecate, rehypothecate or pledge any Collateral allocated to your Coinbase  Account without first being instructed by you.

5.21

Upon any such use of Collateral under Section 5.20, you have a right against Coinbase India  for the delivery of equivalent assets of an identical amount, type, nominal value and description (“Equivalent Collateral”). Coinbase India  may deliver such Equivalent Collateral to you by crediting them to your Coinbase  Account to be held subject to the terms of this Agreement, including, without limitation, Sections 5.19 – 5.22. Subject to your compliance with the Margin Requirements, Coinbase India  will use commercially reasonable efforts to promptly return such Equivalent Collateral to your Coinbase Account.

5.22

The Security Interest is a continuing security and will remain in full force and effect notwithstanding any settlement, compromise or intermediate payment made in respect of your Obligations. Notwithstanding any other terms of this Agreement, no part of the Collateral may, unless and until your Obligations have been duly paid and discharged in full, be withdrawn, assigned or otherwise disposed of or encumbered except where you have requested and obtained Coinbase India ’s prior consent.

5.23

For the purpose of perfecting and ensuring the first priority of the Security Interest and otherwise enabling Coinbase India to enjoy, exercise or enforce its rights, powers or discretions as a secured party you will, upon Coinbase India ‘s request and at your own expense, execute or cause to be executed all such transfers, assignments, powers of attorney, assurances, representations and warranties and other documents and do or cause to be done all such other acts and things as Coinbase India  may reasonably request. You hereby irrevocably authorise and appoint, by way of security, Coinbase India  as your attorney (with full power of substitution) to: (a) execute on your behalf and in your name or otherwise any such transfers, assignments, powers of attorney, assurances, representations and warranties and other documents; and (b) to do all such other acts and things on your behalf (whether you have performed those acts or things or not) and in your name or otherwise; in each case at such time and in such manner as Coinbase India  thinks fit for the purpose of perfecting or enforcing the Security Interest as described above. You hereby ratify and confirm and agree to ratify and confirm anything that Coinbase India , as your attorney, does or purports to do in the exercise of the power of attorney granted by you under this Clause 5.23.

5.24

If at any time the your Balance falls below the Maintenance Margin, Coinbase may enforce the Security Interest by means of Liquidation pursuant to Section 5.11 of this Agreement.

5.25

If at any time the your Balance falls below the Close-out Margin, Coinbase may enforce the Security Interest by means of Auto-Deleveraging pursuant to Sections 5.13 to 5.18 of this Agreement.

5.26

If at any time an Event  of Default occurs with respect to you,Coinbase may immediately enforce the Security Interest without notice or further demand.

5.27

In exercising its rights to enforce the Security Interest, Coinbase shall be entitled, without notice or further demand, immediately to exercise all the rights, powers and remedies possessed by it according to law as chargee and assignee of the Collateral and to: (A) demand and receive all and any monies due under or arising out of the Coinbase  Accounts; (B) exercise in relation to the Collateral all such rights as you were then entitled to exercise in relation to the Collateral or might exercise; and (C) apply, set-off or transfer all or any part of the Collateral in or towards the payment or other satisfaction of the Obligations or any part of them.

5.28

In exercising its rights to enforce the Security Interest and without limiting any other rights or remedies under this Agreement or under statute, you hereby irrevocably authorise Coinbase India  to sell, appropriate or otherwise realise any and all Collateral and to apply the proceeds of sale in order to satisfy your Obligations in such order and manner as it thinks fit, including in or towards payment of all costs and expenses incurred by Coinbase India  in connection with such sale or realisation. If Coinbase India  exercises its right of appropriation to any Collateral it shall be entitled to determine its value in good faith and in a commercially reasonable manner.

5.29

USERS WHO DO NOT UNDERSTAND LEVERAGE OR MARGIN TRADING, OR DO NOT INTEND TO ACTIVELY MANAGE THEIR PORTFOLIO, SHOULD NOT ENGAGE IN DERIVATIVES TRANSACTIONS. FOR FURTHER INFORMATION ON HOW YOUR MARGIN REQUIREMENT  WORKS SEE COINBASE MARGIN POLICY.

5.30

COINBASE INDIA  AND ITS AFFILIATES DO NOT TAKE ANY RESPONSIBILITY WHATSOEVER FOR ANY LOSSES OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY DIGITAL ASSET DERIVATIVES SERVICES OFFERED ON THE PLATFORM OR YOUR FAILURE TO UNDERSTAND THE RISKS ASSOCIATED WITH DERIVATIVES TRANSACTIONS TRADING.

6.1 General.

Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors including how much leverage you are maintaining within your Coinbase  Account. We reserve the right to change applicable limits as we deem necessary.

6.2 Digital Asset Services.

The use  of the Digital Asset Services is subject to a limit on the volume, stated in INR or other fiat currency, USDC or other Digital Assets, you may transact or transfer in a given period (e.g. daily). Please see Appendix 1 (Verification Procedures and Limits) for further details. To view your limits, login to your Coinbase  Account and visithttps://www.Coinbase.com/verifications.

6.3 Digital Asset Derivatives Services.

The Digital Asset Derivatives Services are subject to certain specific restrictions on placing orders for new Derivatives Transactions as may be determined by Coinbase India  from time to time, in order to ensure appropriate liquidity provision and to ensure appropriate risk management.  You agree that we may operate such restrictions as we see fit, acting reasonably.

It shall be an Event of Default under this Agreement if:

7.1

the Margin with respect to your Coinbase  Account falls below applicable Margin Requirements as prescribed by Coinbase India ;

7.2

you have failed to comply with or perform any of your obligations hereunder, whether in respect of your  Coinbase  Account, any Derivatives Transactions or otherwise,  and/or you have failed to comply with or perform any obligation under this Agreement or any other agreement with Coinbase India  relating to services provided by Coinbase India  to you (including without limitation your failure to make, when due, any payment or delivery required to be made by you under this Agreement,  this Agreement or otherwise);

7.3

any representation, warranty, agreement or undertaking made by you to Coinbase India  (whether under or in connection with this Agreement or any other material statement made by you in or in connection with the same is untrue, inaccurate, incomplete or misleading in any respect at the time when made by you or thereafter at any time becomes untrue, inaccurate, incomplete or misleading in any respect and you fail to inform Coinbase India  of the true position as soon as reasonably practicable;

7.4

In the event that you are an individual – you become deceased, bankrupt or commence action (or have any action commenced against you) to place you into bankruptcy or personal insolvency or you are otherwise unable to pay your debts as and when they fall due;

7.5

In the event that you are acting on behalf of a partnership – any of the partners thereof shall become deceased, bankrupt or commence action (or have any action commenced against them) to place them into bankruptcy or personal insolvency  or are otherwise unable to pay their debts as and when they fall due or if any action is commenced to dissolve the partnership;

7.6

In the event that you are a corporation or are acting on behalf of a corporation – the corporation shall be unable to pay its debts as and when they fall due, or action is commenced to place the corporation in insolvency, judicial management, receivership, administrative management, or any similar or analogous proceedings;

7.7

any investigation, claim, action or proceeding of any nature is commenced against you (including without limitation investigation into suspected market abuse, manipulation or other criminal conduct), you have breached Applicable Laws or steps are taken by any person to enforce any security interest against you;

7.8

a credible allegation of fraud, misconduct, embezzlement, money laundering, insider trading, market manipulation abuse or other material illegality, breach of regulation or impropriety is made against you (whether by Coinbase India  or a third party) or Coinbase India  otherwise reasonably believes that you have used the Digital Asset Derivatives Services with improper intent, which Coinbase India , acting in good faith and a commercially reasonable manner,  believes could reasonably result in reputational harm to Coinbase India , compromise the integrity of the markets maintained by Coinbase India  and/or result in losses being sustained by other users; or

7.9

Coinbase India  reasonably believes that any of the circumstances set out under Sections 7.1 – 7.8 above are likely to happen and Coinbase India  also reasonably believes that any action described in Section 8 below is necessary, desirable or expedient to protect its interests or the interests of Coinbase India ’s other clients.

In the Event of Default, Coinbase India  may (but is not obliged to) immediately or any time thereafter whilst the Event of Default is continuing, do any one or more of the following without prior notice:

8.1

suspend (indefinitely or otherwise) cancel or terminate any Coinbase  Account, any services provided to you and/or Coinbase India ’s broader relationship with you or prohibit you from opening any Coinbase  Account and/or accelerate any and all of your liabilities to Coinbase India  (including any and all fees, interest, commission, and charges owed by you to Coinbase India ) so that they shall become immediately due and payable;

8.2

liquidate, accelerate, and/or close out any outstanding Transaction (including any Transaction which has yet to be settled on the date on which Coinbase India  terminates such Transaction) by determining its value in good faith and in its absolute discretion as of the date of such liquidation, acceleration or close-out as soon as practicable thereafter;

8.3

at such times and manner as Coinbase India  may reasonably determine based on, but not limited to, market conditions and portfolio health, sell or otherwise transfer any Digital Assets or other property which Coinbase India may hold for you or which has been transferred to Coinbase India  by you and apply the proceeds to the discharge of your obligations, subject to Coinbase India ’s rights to set-off and net amounts owed as between you and Coinbase India  as set out under Section  2.11 of this Agreement or otherwise under this Agreement or Applicable Laws;

8.4

vary the applicable Margin Requirement and/or liquidate or exercise its power to sell the Margin or part thereof at a price which Coinbase India  deems appropriate in the circumstances;

8.5

apply any amounts of whatsoever nature standing to your credit against any amounts which you owe Coinbase India  (of whatsoever nature and howsoever arising, including any contingent amounts), or generally to exercise Coinbase India ’s rights of netting and set-off as set out under Section 2.11 of this Agreement or otherwise under this Agreement or Applicable Laws;

 8.6

demand any shortfall after the application of Section 8.5 above from you, or hold any excess pending full settlement of any other of your obligations, or pay any excess to you by way of any methods deemed appropriate by Coinbase India ;

8.7

restrict your ability to withdraw any Digital Assets from any Coinbase  Account;

8.8

in the event that Coinbase India  determines that the user is in Event of Default under Section 7.8 of this Agreement, Coinbase India  reserves the right (without liability to the user or any third party) to unwind or reverse any Transactions, freeze any or all amounts allocated to user’s Coinbase  Account, and/or deduct any amounts allocated to user’s Coinbase  Account that relate to or arise out of any Transactions entered into by the user in connection with any of the circumstances referred to in Section 7.8.

8.9

To the extent permitted under Applicable Law, you will be responsible for the reasonable costs and expenses of collection of any unpaid deficiency in your Coinbase  Account including, but not limited to, legal counsel’s fees incurred and payable or paid by Coinbase India , and shall be responsible for any other reasonable costs and expenses incurred by Coinbase India in exercising any of its rights under this Section 8 pursuant to any Event of Default.

9.1 Suspension, Termination and Cancellation.

We may: (a) refuse to complete, or place on hold, block, cancel or reverse a transaction you have authorised (even after funds have been debited from your Coinbase  Account), (b) suspend, restrict, or terminate your access to any or all of the Coinbase  Services, and/or (c) deactivate or cancel your Coinbase  Account with immediate effect for good reason, including, but not limited to where:

a. we are required by a governmental authority to do so;

b. you fail to pay fees within 7 days of the due date;

c. you are, or appear to be, unable to meet your obligations in respect of one or more trades;

d. you are subject to an insolvency event of any type (as determined in our absolute discretion);

e. you do not trade on Coinbase India for three months;

f. any investigation, claim, action or proceeding of any nature is commenced against you (including without limitation investigation into suspected market abuse, manipulation or other criminal conduct), you have breached Applicable Laws or steps are taken by any person to enforce any security interest against you;

g. you are in breach of this Agreement; or

h. we otherwise feel it is necessary in order to protect us or the Coinbase  Platform.

9.2

We may also refuse to complete or block, cancel or reverse a transaction you have authorised where there is insufficient Digital Assets in your Digital Asset Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction or if your credit or debit card or any other valid payment method linked to your Coinbase  Account or Digital Asset Wallet is declined.

9.3

We reserve the right to take such measures as may be necessary to protect the integrity and security of Digital Assets and the Coinbase  Services generally, including (but not limited to) temporarily suspending the Coinbase  Services for a specified or indefinite period of time. Where it is practically and commercially feasible to do so, we will use our best efforts to provide you with notice of any such operational changes, however, such disruption may be a consequence of matters outside of our control and may occur without notice to us. Our response to any material operating change is subject to our absolute and sole discretion If we are unable or refuse to complete any attempted transaction in circumstances where the Coinbase  Services are suspended, we bear no liability for any purported or actual loss arising as a consequence of your inability to effect transactions during the time whereby the Coinbase  Services (or your Account) are suspended.

9.4

If we suspend, restrict or close your Coinbase  Account, and / or terminate your use of Coinbase  Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure of your Coinbase  Account. In the event that we refuse to complete a transaction and / or suspend your Coinbase  Account we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.

Notwithstanding the foregoing, we may suspend, restrict, or terminate your access to any or all of the Coinbase  Services and/or deactivate or cancel your Coinbase  Account, without reason by giving you two months’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Coinbase  Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols.  You agree that Coinbase India  is under no obligation to disclose the details of its risk management and security procedures to you.

9.5

Consequences of Termination or Suspension. On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to which Coinbase India  is subject in any jurisdiction, you are permitted to access your Coinbase  Account for ninety (90) days thereafter for the purposes of closing out Derivatives Transactions, and/or transferring Supported Digital Assets out of your Digital Asset Wallet(s) and/or out of the Coinbase  Platform.

You are not permitted to use the Coinbase  Services or your Coinbase  Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the Coinbase  Platform or access to the Site for you accordingly. 

If we suspend or close your Coinbase Account or terminate your use of Coinbase  Services for any reason, we reserve the right to require you to re-complete the procedures outlined at Section 3.3 (Identity Verification) before permitting you to transfer or withdraw Supported Digital Assets. You may close your Coinbase  Account at any time by visiting:https://help.coinbase.com/en/coinbase/managing-my-account/update-my-account/how-can-i-close-my-account.. You will not be charged for closing your Coinbase  Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time your account is closed.

9.6

Coinbase may discontinue or change any product, service, or feature, in its sole discretion, at any time. You agree that we may transfer you to a product or service that is reasonably similar to the discontinued or changed product or service, to the extent such product or service exists. We will provide you with prior notice of material changes, discontinuation, or the transfer related to a product, service, or feature, to the extent required or applicable.

10.1 Release of Coinbase India.

If you have a dispute with one or more users of the Coinbase  Services (other than Coinbase India ), you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes.

10.2 Indemnification.

You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement (including without limitation your breach of our Prohibited Use Policy or your violation of any law, rule or regulation, or the rights of any third party.

10.3 Limitations of Liability.

Coinbase India ’s total aggregate liability to you for any individual claim or series of connected claims for losses (whether such losses are contingent, consequential or direct losses), costs, liabilities or expenses which you have suffered or may suffer arising out of, or in connection with, any breach by Coinbase India  of this Agreement shall be limited to a maximum aggregate value of the combined value of the Supported Digital Assets in your Digital Asset Wallet at the time of the breach by Coinbase India  giving rise to your claim. Where we are considering a specific claim relating to a specific transaction, this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.

10.4 Limitation of loss.

In addition to the liability cap at Section 10.3 (Limitations of Liability) above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:

A. any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same; or any damages arising out of or relating to Digital Assets that are not Supported Digital Assets. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a Digital Asset Transaction properly, your damages are limited to no more than the value of the Supported Digital Assets at issue in the transaction, or the total value of the Supported Digital Assets on deposit in your Coinbase  Account(s), and that you may not recover for any “loss” of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell the Supported Digital Assets;

B. any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same;

C. any loss of use of hardware, software or data and / or any corruption of data; as well as and including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of Digital Asset price data; any error, delay or interruption in the transmission of such data; viruses or other malicious software obtained by accessing our websites, software, systems operated by us or on our behalf or any of the Coinbase  Services or any website or services linked to our websites; glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems operated by us or on our behalf or any of the Coinbase services; suspension or other action taken with respect to your Coinbase  Account; and

D. any loss or damage whatsoever which does not arise directly as a result of our breach of this Agreement (whether or not you are able to prove such loss or damage).

10.5 Applicable law.

The limitation of liability in this Section 10 (Liability) is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the Coinbase  Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors’ negligence.

10.6 No Warranties.

The Coinbase Services, the Coinbase Platform and the Site are provided on an “as is” and “as available” basis, with no further promises made by us around availability of the Coinbase Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the Coinbase  Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.

Any materials, information, view, opinion, projection or estimate presented via the Site is made available by Coinbase for informational purposes only, and is subject to change without notice. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness and reliability of the materials, information, view opinion, projection or estimate provided on the Site and/or the Site. Accordingly, no warranty whatsoever is given by Coinbase India and no liability whatsoever is accepted by Coinbase India for any loss arising whether directly or indirectly as a result of you acting on any materials, information, view, opinion, projection or estimate provided in or made available through the Site and/or the Site.

The Coinbase  Services, Coinbase  Platform and Site are not intended to provide specific investment, tax or legal advice or to make any recommendations about the suitability of any investments or products for any particular investor. You should seek your own independent financial, legal, regulatory, tax or other advice before making an investment in the investments or products. In the event that you choose not to seek advice from a relevant adviser, you should consider whether the investment or product is suitable for you.

We will make reasonable efforts to ensure that Digital Asset Transactions, requests for debits and credits involving Digital Asset Wallets, bank accounts, credit and debit cards are processed in a timely manner but Coinbase makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and credit cards are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Coinbase Services and Site.

10.7 No Liability for Breach.

We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.

11.1 Access & Availability.

Access to Coinbase  Services may become degraded or unavailable during times of significant volatility or volume. This could result in limitations on access to your Coinbase  Account or the Coinbase  Services, including the inability to initiate or complete transactions and may also lead to support response time delays.

A. although we strive to provide you with excellent service, we do not guarantee that the Site or other Coinbase  Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open or that your Coinbase  Account will be accessible; and

B. please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues.

Under no circumstances shall Coinbase India or Coinbase be liable for any alleged damages from or arising out of service interruptions, delays in processing transactions, inability to execute transactions, or lack of timely response from Coinbase  customer support.  For example, if you are locked out of your Coinbase  Account, it is possible that the price of Digital Assets in your account might go down before your access is restored. Coinbase India or Coinbase shall not be liable for any alleged losses that you suffer from a drop in Digital Asset prices.

11.2 Website Accuracy.

Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content (as defined below)) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.

In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.

Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third party materials accessible or linked to from the Site.

12.1 Contact Coinbase.

If you have any feedback, questions, or complaints, contact us via our customer support team where available or our customer support webpage at https://help.coinbase.com.

12.2 Complaints.

If you have a complaint with Coinbase India , you agree to first contact our customer support team to attempt to resolve such a complaint. If we cannot resolve the complaint through our customer support team, you and we agree to use the complaints process set out in this Section 12.2. You agree to use this process before commencing any action as set out in Section 12.4. If you do not follow the procedures set out in this Section 12.2 before pursuing action under Section 12.4, we shall have the right to ask the relevant court/authority to dismiss your action/application unless and until you complete the following steps:

In the event of a complaint which has not been resolved through your contact with our customer support team, please use our complaint form to set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. The complaint form can be found at https://help.coinbase.com/en/contact-us/submit-a-complaint.  We will acknowledge receipt of your complaint form after you submit it. The complaints process set out in this Section 12.2 is completed when Coinbase India responds to your complaint or forty-five (45) business days after the date we receive your complaint, whichever occurs first (subject to applicable law).

Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint. 

12.3

If we have not been able to resolve your complaint via the complaint process set out in Section 12.2 above, you may escalate your complaint via the dispute processes set out in Section 12.4 below.

12.4

Both you and we agree that we shall not commence the dispute process set out in this Section 12.4 in relation to the whole or part of your complaint until the complaint process set out in Section 12.2 has been completed, although nothing in Section 12.2 or in this Section 12.4 shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction. For complaints or disputes arising out of or in connection with this Agreement or the provision of Coinbase  Services, the Coinbase  Platform or the Site, that cannot be resolved via the complaint process set out in Section 12.2 above, you submit to the exclusive jurisdiction of the courts of competent jurisdiction at Delhi, India.

13.1 Personal Data.

You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided (or in the future provide) to us in relation to your employees and other associated individuals (if you are not an individual), in connection with this Agreement, or the Coinbase  Services. We will process this personal data in accordance with the Privacy Policy, which shall form part of this Agreement. Accordingly, you represent and warrant that:

A. your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and such data are accurate, up to date and relevant when disclosed;

B. before providing any such personal data to us, you acknowledge that you have read and understood our Privacy Policy, a copy of which is available here: Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided the individual with a copy of, or directed the individual towards a webpage containing that Privacy Policy (as amended from time to time); and

C. if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct towards a webpage containing the updated Privacy Policy, any individual whose personal data you have provided to us.

14.1 Password Security.

In order to access Coinbase  Services, you will be required to create or will be given security details, including a username and password. You are responsible for keeping the electronic device through which you access Coinbase  Services safe and maintaining adequate security and control of any and all security details that you use to access the Coinbase  Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected.

Any loss or compromise of your electronic device or your security details may result in unauthorised access to your Coinbase  Account by third-parties and the loss or theft of any Digital Assets and/or funds held in your Coinbase  Account and any associated accounts, including your linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.

You should never allow remote access or share your computer and/or computer screen with someone else when you are logged on to your Coinbase  Account. Coinbase India will never under any circumstances ask you for your passwords, or 2-factor authentication codes or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your account. Always log into your Coinbase  Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Coinbase India. We further assume no responsibility for your failure to follow the requirements set out in this Section 14.1, or follow or act on any notices or alerts that we may send to you.

14.2 Authentication and Verification.

In order to access Coinbase  Services users are required to provide an email address and create a password. Coinbase India  offers two-factor authentication via a user’s mobile device (Short Message Service (“SMS”)) or a supported Time-based One Time Password application or other authentication methods we make available. A verified phone number is required to enable two-factor authentication via SMS. Users are responsible for keeping electronic devices through which Coinbase  Services are accessed safe and maintaining adequate security and control of any and all security details that are used to access the Coinbase  Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user’s Coinbase  Account by third-parties and the loss or theft of any Digital Assets and/or funds held in your Coinbase  Account and the misuse of any associated accounts, including linked bank account(s) and credit/debit card(s).

14.3 Security Breach.

If you suspect that your Coinbase Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or Coinbase India or Coinbase (collectively, a “Security Breach”), you must:

A. notify Coinbase  Support immediately by following the instructions at:

https://help.coinbase.com/en/coinbase/privacy-and-security/account-compromised/my-account-was-compromised;

B. provide accurate and up to date information throughout the duration of the Security Breach; and you must take any steps that we reasonably require to reduce or manage any Security Breach. Prompt reporting of a Security Breach does not guarantee that Coinbase India will reimburse you for any losses suffered or be liable to you for any losses suffered as a result of the Security Breach.

14.4 Safety and Security of Your Computer and Devices.

Coinbase India is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.

15.1 Your Compliance with Applicable Law.

You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws and anti-money laundering and anti-terrorist financing laws) in your use of the Coinbase  Services, the Coinbase  Platform and the Site.

15.2 Limited Licence.

All content included in or made available through the Coinbase  Services, the Site or any related content materials and information such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (“Content”) is the property of the Coinbase  Group or its content providers and protected by United States and international copyright and intellectual property law. We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Coinbase  Services, the Site, and Content solely for approved purposes as permitted by us from time to time. Any other use of the Coinbase  Services, the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of Coinbase India and its licensors. You agree not to copy, transmit, distribute, sell, licence, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

“International.Coinbase.com“, and the following non-exhaustive list, including Coinbase, Coinbase Logo, C Logo, Coinbase International Exchange, Coinbase Advanced Trade, ROSETTA, COSTA, SKEW, TOSHI, Coinbase One, Coinbase Cloud and BISON TRAILS; and without limitation, any graphics, logos, button icons, and service names included in or made available through any Content, and all logos related to the Coinbase  Services or displayed on the Site are trademarks or trade dress of Coinbase India or its licensors. You may not copy, imitate or use them without our prior written consent for any purpose, including, without limitation, in: connection with any product or service that is not authorised by Coinbase; any manner that is likely to cause confusion among customers; or a way that disparages or discredits Coinbase India.

15.3 Export Controls & Sanctions.

Your use of the Coinbase  Services and the Site is subject to applicable law including but not limited to export restrictions, end-user restrictions, antiterrorism laws, and economic sanctions. By sending, receiving, buying, selling, trading or storing Digital Assets through the Site or Coinbase  Services, you agree that you will comply with all applicable law. You are not permitted to acquire Digital Assets or use any of the Coinbase  Services through the Site if doing so would, directly or indirectly, violate applicable law, which include but are not limited to those promulgated by relevant law specific to that jurisdiction, the United Nations Security Council, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”, including but not limited to the Specially Designated Nationals (“SDN”) List and other non-SDN restricted or blocked parties lists), the European Union, the United Kingdom, India, and/or any other applicable national, regional, provincial, state, municipal or local laws and regulations (each as amended from time to time). You also acknowledge and agree to hold Coinbase harmless for any losses caused by delays or refusals to process a transaction that result from Coinbase India’s obligation to ensure compliance with applicable export controls or sanctions.

15.4 Relationship of the Parties.

Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you or Coinbase India, or authorise you to act as an agent of Coinbase India.

15.5 Privacy of Others.

If you receive information about another user through the Coinbase  Services, you must keep the information confidential and only use it in connection with the Coinbase  Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited communications to another user through the Coinbase  Services.

15.6 Contact Information.

You are responsible for keeping your contact details (including your email address and telephone number) up to date in your Coinbase  Account profile in order to receive any notices or alerts that we may send to you (including notices or alerts of actual or suspected Security Breaches). Please see Appendix 2 for more detail in relation to how we will communicate with you.

15.7 Taxes.

The tax treatment of Digital Asset Transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from transactions using Coinbase  Services under this Agreement. Users are solely responsible for reporting and paying any applicable taxes arising from transactions using Coinbase  Services, and acknowledge that Coinbase India does not provide investment, legal, or tax advice governing these transactions and Coinbase India is not responsible for determining whether taxes are applicable in respect of any transactions carried by you on the Coinbase Platform. You understand that Coinbase India may report information with respect to your transactions, payments, transfers, or distributions made by or to you with respect to your activities using Coinbase  Services to a tax or governmental authority to the extent such reporting is required by applicable law. Coinbase India also shall withhold taxes applicable to your transactions or to payments or distributions made or deemed made to you to the extent such withholding is required by applicable law and you shall be solely responsible for claiming any credit or refund from the tax authorities.. From time to time, Coinbase India  shall ask you for tax documentation or certification of your taxpayer status as required by applicable law, and any failure by you to comply with this request in the time frame identified may result in withholding and/or remission of taxes to a tax authority as required by applicable law. You should conduct your own due diligence and consult your own tax advisors before making any decisions with respect to Digital Asset Transactions and transactions pertaining to Coinbase Services Coinbase India also reserves the right to separately charge such goods and services tax, in case any further goods and services tax is made applicable on the transactions in relation to the Coinbase Services undertaken by you.

15.8 Unclaimed Property.

If we hold Supported Digital Assets on your behalf, and have no record of your use of the Coinbase  Services for several years and are unable to contact you, applicable law may require us to deliver any such Supported Digital Assets to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

15.9 Death of Account Holder.

For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your Coinbase  Account and during this time, no transactions may be completed until: (i) your designated executor / trustee has opened a new Coinbase Account or informed Coinbase India about another, existing, Coinbase  Account in their name, as further described below, and the entirety of your Coinbase  Account has been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorise us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, in order to gain access to the contents your Coinbase  Account, the executor / trustee you have designated in a valid Will or similar testamentary document will be required to open a new Coinbase  Account or inform Coinbase India of another, existing Coinbase Account in their name to which the entirety of the funds in your Coinbase  Account shall be transferred. If you have not designated an executor / trustee, then we reserve the right to (i) treat as your executor / trustee any person entitled to inherit your Coinbase  Account, as determined by us upon receipt and review of the documentation we, in our sole discretion, deem necessary or appropriate, including (but not limited to) a Will or similar document, or (ii) require an order designating an executor / trustee from a court having competent jurisdiction over your estate. In the event we determine, in our sole discretion, that there is uncertainty regarding the validity of the executor / trustee designation, we reserve the right to require an order resolving such an issue from a court of competent jurisdiction before taking any action relating to your Coinbase  Account.

15.10 Entire Agreement.

This Agreement (including documents incorporated by reference herein, including the Privacy Policy, the Cookie Policy, the Prohibited Use Policy and Appendices) comprise the entire understanding and agreement between you and Coinbase India as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement) between you and Coinbase India.

15.11 Interpretation.

Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

15.12 Transfer and Assignment.

This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We reserve the right to assign our rights without restriction (except to the extent of any notice requirement under applicable law), including without limitation, by way of assignment between Coinbase India  to any Coinbase affiliates or subsidiaries, or to any successor in interest of any business associated with the Coinbase Services. In the event Coinbase India  is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, amalgamation, acquisition, sale, or other change of control. You reserve the right to terminate the agreement with immediate effect in the event we transfer and/or assign the Agreement.  Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

15.13 Security Interests.

You must not create security over your Digital Assets unless you have obtained our prior approval in writing.

15.14 Invalidity.

If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.

15.15 Enforcement of Our Rights.

We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.

15.16 Language.

This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.

15.17 Change of Control.

In the event that Coinbase India is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, amalgamation, acquisition, sale, or other change of control.

15.18 Survival.

All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, Coinbase  Account cancellation, debts owed to Coinbase India, general use of the Coinbase  Platform or Site, disputes with Coinbase India, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.

15.19 Governing Law.

This Agreement and the relationship between us shall be governed by the laws of the Republic of India and noting Section 12.4, the exclusive jurisdiction of the courts of competent jurisdiction at Delhi, India, subject to any local mandatory law, or rights available to Consumers.

Coinbase uses multi-level systems and procedures to collect and verify information about you in order to protect Coinbase and the community from fraudulent users, and to keep appropriate records of Coinbase ‘s customers. Your access to one or more Coinbase  Services or the Coinbase  Platform, and limits imposed on your use of Coinbase  Services (including but not limited to daily or weekly conversion limits, deposit, withdrawal and trading limits for Advanced Trading, instant buy limits, Digital Asset Wallet transfer limits, and limits on transactions from a linked payment method), and any changes to such limits from time to time,  may be based on the identifying information and/or proof of identity you provide to Coinbase.

Coinbase may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any Coinbase  Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account’s ‘Limits’ page on the Site.

You may submit a request at https://help.coinbase.comto request larger limits. Coinbase will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and Coinbase India does not guarantee that we will raise your limits.

1. Electronic Delivery of Communications.

You agree and consent to receive electronically all communications including social media communications, agreements, documents, notices and disclosures (collectively, “Communications“) that we provide in connection with your Coinbase  Account and your use of Coinbase  Services. Communications include:

(A) terms of use and policies you agree to (e.g. the Agreement and Privacy Policy), including updates to these agreements or policies;

(B) account details, history, transaction receipts, confirmations, and any other account or transaction information;

(C) legal, regulatory, and tax disclosures or statements we may be required to make available to you; and

(D) responses to claims or customer support inquiries filed in connection with your Coinbase Account.

Unless otherwise specified in this Agreement, we will provide these Communications to you by posting them on the Site, emailing them to you at the primary email address listed in your Coinbase  Account, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification, and you agree that such Communications will constitute sufficient notice of the subject matter therein.

2. How to Withdraw Your Consent.

You may withdraw your consent to receive Communications electronically by contacting intx.enquiries@coinbase.com. If you fail to provide or if you withdraw your consent to receive Communications in the specified manner, Coinbase India  reserves the right to immediately close your Coinbase Account or charge you additional fees for paper copies of the Communications.

3. Updating your Information.

It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if Coinbase India sends you an electronic Communication but you do not receive it because your primary email address you have provided is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Coinbase India will be deemed to have provided the Communication to you.

You may update your information by logging into your Coinbase  Account and visiting settings or by contacting intx.enquiries@coinbase.com.

USDC IS NOT LEGAL TENDER. USDC IS A SUPPORTED DIGITAL ASSET AND COINBASE HAS NO RIGHT TO USE ANY USDC IN YOUR COINBASE ACCOUNT. COINBASE IS NOT A DEPOSITORY INSTITUTION, AND YOUR USDC WALLET IS NOT A DEPOSIT ACCOUNT. 

1.1 Definitions

“Daily Balance Method” means the application of the daily USDC Rewards Rate in Coinbase’s sole discretion to the calendar day average of USDC held in your USDC Wallet each day, as determined by Coinbase in its sole discretion.

“Eligibility Criteria” means the criteria specified by Coinbase to be eligible for the Program, as published by Coinbase India from time to time and subject to change as set forth below.

 “Month” and “Monthly” as the context requires, means a full calendar month.

“Platform Balance” means the aggregate balance of USDC across your eligible Digital Asset Wallets on the Coinbase Platform as determined by Coinbase India and Coinbase in its sole discretion.

 “USDC” means (a) the ERC-20 token USDC, a USD-backed cryptocurrency stablecoin operated by Circle Internet Financial, LLC, or (b) any successor digital asset capable of redemption for corresponding value in fiat U.S. Dollars, in each case solely on the blockchain networks supported by the Program as determined in Coinbase’s sole discretion.

 “USDC Rewards” shall have the meaning set forth in Section 1.3(a)(i).

“USDC Rewards Rate” means the annual rate of rewards earned on your Platform Balance, which does not reflect compounding, as established by Coinbase India from time to time.

1.2 Non-institutional Clients

(a) Eligibility. If you are eligible and you are not an institutional client (the eligibility for which is set out in Section 1.3 below), you can earn rewards for holding USDC in your Coinbase Account. So long as you hold at least 1  USDC in your Coinbase Account, you will automatically earn amounts of USDC as described below in the “Calculation” section (“Non-institutional USDC Rewards”). If at any time you do not hold at least 1  USDC in your Coinbase Account, your enrollment in USDC Rewards will be paused until such time that you do hold at least 1  USDC in your Coinbase Account. During such period you will retain all USDC Rewards previously accrued but not yet distributed. Such accrued rewards will be distributed as described below in the “Calculation” section. If at any time you are deemed ineligible, your enrolment in USDC Rewards will be similarly paused. You can opt-out of, or back into, USDC Rewards at any time by following the instructions here. If you opt-out of USDC Rewards or close your Coinbase Account, you will forfeit the rewards you have accrued (that are not yet distributed for the current calendar month) up to that time. 

(b) Calculation. Non-institutional USDC Rewards are earned on a daily basis in the form of USDC at the then current USDC Rewards Rate. Our current USDC Rewards Rate for non-institutional client rewards can be found here. Our current USDC Rewards Annual Percentage Yield, which includes the effect of monthly compounding, can be found here and here. Rewards earned in a particular month are airdropped into your Coinbase USDC wallet within five (5) business days after the start of the next calendar month. USDC Rewards distributed to you are rounded-down to the nearest sixth decimal place. We use the Daily Balance Method to determine the rewards you earn for a particular day, using your average balance of USDC on that specific day as that day’s balance. The rate used to determine rewards earned for a particular day is the then current USDC Rewards Rate divided by 365.  The rate of Rewards for non-institutional customers is subject to change in accordance with Section 1.4(a) below. 

1.3 Institutional Clients. Institutional clients are able to earn USDC Rewards subject to additional eligibility criteria as defined below.

(a) Eligibility.

(i) Following the Date of this Agreement and provided that you meet one or more Eligibility Criteria for such Month (calculated on a blended basis),  you  will  be  eligible  to  earn  rewards  on  the  amount  of  USDC  held  in  your Platform Balance in amounts of USDC, as described in Section 1.3(b) below (such rewards, the “USDC Rewards”).

(ii) In the event you fail to meet any Eligibility Criteria in any Month (as calculated on a blended basis), (i) your enrolment in the Program will be paused until such time that you meet one or more Eligibility Criteria, and (ii) you shall not earn any USDC Rewards for such Month. During such period, you will retain all USDC Rewards previously accrued but not yet distributed.

(iii) You may opt-out of, or back into, the Program at any time by providing email notice to Coinbase India in accordance with the terms of the Agreement. In the event the Agreement is terminated for any reason or you opt-out of the Program, you will forfeit any rewards that have accrued but have not yet been distributed at that time.

(iv) If at any time Coinbase India in its sole discretion deems you to be ineligible for the Program, your enrolment in the Program will be suspended and Coinbase India will provide email notice or other written notice within the Coinbase Platform interface of such enrolment suspension to you in accordance with the terms of the Agreement.

(b) Calculation.

(i) Following the end of each Month, Coinbase will assess whether you have met one or more Eligibility Criteria, as determined on a blended basis over the course of such Month. Meeting one or more Eligibility Criteria shall determine your USDC Rewards Rate for such Month, as further detailed in the Eligibility Criteria.

(ii) Following the determination of your USDC Rewards Rate for such Month, Coinbase shall calculate your USDC Rewards earned on a daily basis by applying such USDC Rewards Rate to your daily Platform Balance for each day of such Month. The rate used to determine USDC Rewards earned for a particular day is the then applicable USDC Rewards Rate divided by 365.

(iii) Coinbase shall make commercially reasonable efforts to credit USDC Rewards earned in a particular Month to your Digital Asset Wallet within ten (10) business days after the start of the next Month, but in no event will such USDC Rewards be credited later than thirty (30) days after the start of the next Month. USDC Rewards are rounded down to the nearest sixth decimal place.

1.4 Changes.

(a) Non-institutional USDC Rewards Changes. We reserve the right to change the USDC Rewards Rate Annual Percentage Yield at any time by notification here and  by other reasonable means of notice (including e-mail). Unless otherwise stated in the notice, no change will be effective until the first day of the calendar month after such notice is made. We reserve the right to add, change, or delete any provision of these terms and to terminate the USDC rewards program, or your participation in the program, at any time upon notice made in the same manner.

(b) Institutional USDC Rewards Changes. We reserve the right to change the USDC Rewards Rates and/or the Eligibility Criteria at any time by email notice or other written notice within the Coinbase Platform interface to you. Coinbase reserves the right to add, change, or delete any provision of these terms and to terminate the Program, or your participation in the Program, at any time upon notice made in the same manner.

2.1 General.

When you hold Supported Digital Assets with Coinbase you may be given the option to “stake” these assets in a third party proof of stake network via staking services provided by Coinbase. In a proof of stake network, transaction validators are chosen using a formula based on the amount of underlying Supported Digital Asset staked by the validator as opposed to computing power (i.e., proof of work). Please visit our staking information page for further details on how proof of stake works. Staking services are not available for Supported Digital Assets held on Coinbase. By using these staking services you accept the terms for such services as set out in this Section 1 to this Appendix 3.

2.2 Staking Service is Optional.

Staking services may be made available to you by default for Supported Digital Assets where staking functionality is available from Coinbase. YOU ARE NOT REQUIRED TO STAKE WITH COINBASE AND YOU CAN OPT-OUT OF ANY DEFAULT COINBASE STAKING SERVICES AT ANY TIME. FOR MORE INFORMATION VISIT THE HELP CENTER. Unless otherwise specified, if you opt-out of staking services, you can opt back in at any time.

2.3 The Service; Rewards; Commission; Limitations.

(a) If you stake your assets with us, Coinbase, or one of its affiliates, will facilitate the staking of those assets on your behalf, by acting as a transaction validator on the applicable network for the Supported Digital Asset you stake. If Coinbase or one of its affiliates successfully validates a block of transactions in that Supported Digital Asset, you may earn a reward granted by that Supported Digital Asset network. Rewards are determined by the protocols of the applicable network. If the applicable network distributes any rewards in unstaked form, Coinbase  will use commercially reasonable efforts to restake those rewards. Rewards will be credited to your account by taking into account the amount of your principal and previously accrued rewards that remain staked with Coinbase. Coinbase  will credit your account for any earned rewards after receipt by Coinbase, minus a commission. The current commission for each Supported Digital Asset can be found in the Help Center. Coinbase may change these rates at its discretion and without notice. Coinbase may also offer lower commissions for certain Supported Digital Assets on a promotional basis, and these promotional commissions may differ among Coinbase users at our discretion. Some Digital Asset networks subject staked assets to “slashing” if the transaction validator representing those assets incorrectly validates a transaction. Coinbase will use commercially reasonable efforts to prevent any staked assets from slashing; however, in the event they are, unless otherwise provided in this Agreement, Coinbase will promptly replace your assets at no additional cost. (b) Some Digital Asset networks require that a certain amount of staked assets be locked (restricted from sale or transfer) for a certain period of time while staking.  In some cases, withdrawal of staked assets may be delayed as a result of protocol unstaking periods or network conditions.

2.4 No Guarantee of Rewards.

You have no right to a reward until it is received by Coinbase India . Rewards will be distributed to your account promptly after they are received by Coinbase India . Unless otherwise specified, the “staking rewards rate” disclosed by Coinbase India  for a particular Supported Digital Asset is an annualized historical rate based on the staking rewards generated by Coinbase India  in providing staking services to Coinbase India  customers for that Supported Digital Asset, minus our commission.This rate is an estimate and changes over time. Coinbase India DOES NOT GUARANTEE THAT YOU WILL RECEIVE STAKING REWARDS, ANY SPECIFIC STAKING REWARD, OR ANY STAKING RETURN OVER TIME, INCLUDING THE STAKING REWARDS RATES.

2.5 Governance and Voting.

For certain Digital Assets, the underlying protocols offer stakers the ability to vote on matters related to the governance of protocol-level issues. Coinbase may or may not support voting for such assets, and may cease supporting voting at any time in its discretion. Coinbase will comply with your instruction to vote your Supported Digital Assets to the extent Coinbase or its affiliate supports voting for such Supported Digital Assets in your jurisdiction. In certain cases, Coinbase may vote on your behalf where Coinbase or the applicable protocol does not support delegated voting; in those instances, Coinbase will vote with the protocol’s recommendation.

2.6 Tax.

The tax treatment of certain Digital Asset Transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from these transactions. Users are solely responsible for reporting and paying any applicable taxes arising from staking through Coinbase India shall withhold taxes applicable to your transactions or to payments or distributions made or deemed made to you to the extent such withholding is required by applicable law  for staking services and all related transactions (e.g., any exchange or sale of your staked ETH), and you shall be solely responsible for claiming any credit or refund from the tax authorities. and you acknowledge that Coinbase India  does not provide investment, legal, or tax advice to you in connection with such an election to participate and Coinbase India is not responsible for determining whether taxes are applicable in respect of any transactions carried by you on the Coinbase Platform. You should conduct your own due diligence and consult your advisors before making any investment decision including whether to participate in ETH staking and related transactions. Coinbase India also reserves the right to separately charge such goods and services tax, in case any further goods and services tax is made applicable on the transactions in relation to the Coinbase Services undertaken by you.

2.7 Ethereum Staking.

Supplemental to the terms outlined above, the following terms apply to staking your ETH through the Coinbase staking services.

2.8

In the event of a conflict between the terms contained in this section and anything else in this Agreement, the terms in this section will govern:

Eligibility. Users who wish to stake ETH through Coinbase must meet certain requirements, as set forth here.  These requirements are subject to change.

Lockup Period. If you choose to stake your ETH, your ETH will be pledged for staking and will become locked on the Ethereum protocol until Phase 1.5 of the Ethereum network upgrade is completed. Coinbase has no control over the duration of or end date for the lockup period, which will ultimately be determined by the success of the update to the Ethereum network. Unlike other staking services provided through Coinbase, you will be unable to “Opt Out” of ETH staking once you’ve staked your assets. Coinbase will not refund or replace any ETH you wish to unstake. Unless otherwise stated on the Coinbase interface or provided below, you will not be able to trade, transfer or otherwise access your staked ETH during the lockup period.

No Guarantee of Success of Network Upgrade. Coinbase makes no guarantees that the upgrade to the Ethereum network will be successful, and you understand that if the network upgrade ultimately fails, you may lose all, or a portion of, your staked ETH. Coinbase  is not be responsible for any ETH lost due to a network upgrade failure.

Ethereum Staking Rewards. Any rewards earned while staking your ETH through Coinbase  will, unless otherwise stated, remain locked onchain until Phase 1.5 of the Ethereum network upgrade is completed. ETH staking rewards reflected in your account prior to the completion of Phase 1.5 of the Ethereum network upgrade are an estimate based on a combination of reward rates and the period of time for which you’ve staked your ETH (minus any Coinbase fees). Rewards will be reflected in your account, but may not be actually credited until the end of the lockup period. Unless otherwise stated, you will not be able to trade, transfer, or otherwise access your ETH staking rewards during the lockup period.

Slashing Penalties. Staking ETH means your staked assets can be subject to “slashing” by the Ethereum network if the transaction validator representing those assets incorrectly validates a transaction. Coinbase will use commercially reasonable efforts to protect against slashing incidents: however, in the event of slashing, Coinbase will replace your assets so long as such penalties are not a result of: (i) protocol-level failures caused by bugs, maintenance, upgrades, or general failure; (ii) your acts or omissions; (iii) acts or omissions of any third party service provider; (iv) an event qualifying under Section 10.7 of the Agreement; (v) acts by a hacker or other malicious actor; or (vi) any other events outside of Coinbase’s reasonable control.

Wrapping. In some jurisdictions, you may choose to obtain the ability to sell, send, spend, or otherwise use your staked ETH prior to the completion of Phase 1.5 of the Ethereum network upgrade by selecting, at your sole discretion, to wrap into a token that represents the ETH that you have staked plus associated rewards. This service is not available everywhere, and additional eligibility requirements may apply. By electing to wrap your staked ETH plus any associated rewards balance into the Coinbase India  Wrapped Staked ETH known as “cbETH” you understand and agree that:

A. Once wrapped, you cannot redeem your staked ETH or claim any associated rewards except as described in Appendix 3, Section 1.7(G)below;

B. cbETH held in your Coinbase India  Digital Asset Wallet represents ownership of ETH staked with Coinbase India  in accordance with this section (including any associated rewards and minus any Coinbase India  fees and slashing penalties). By wrapping staked ETH as cbETH, you remain entitled to all of the economic value, risk, and rewards of the staked ETH.

C. Selling or otherwise transferring cbETH automatically transfers ownership of the staked ETH and the right to redeem described in Section 4, paragraph F below, and entitles the recipient to the attendant economic value, risk, and rewards of the staked ETH, subject to the terms of this Agreement. For avoidance of doubt, receiving cbETH does not by itself create a contractual relationship with Coinbase India , and in all cases the right to redeem cbETH is subject to the terms set forth in Section 4, paragraph F.

D. Staked ETH and associated rewards that have been wrapped as cbETH is held by the Coinbase India  Group on behalf of holders of cbETH, and ownership of these assets shall not transfer to any entity in the Coinbase India  Group. Sections 4.19(A), 4.19(B) and 4.19(D) of this Agreement shall apply to staked ETH and associated rewards held on behalf of cbETH holders to the same extent as staked ETH held by the Coinbase India  Group on behalf of Coinbase India  customers.

E. cbETH is an ERC-20 token and may be compatible with protocols or other software or technology provided by third parties.

F. The staked ETH and rewards held by the Coinbase India  Group on behalf of cbETH holders are subject to the risk of slashing as a result of validator or network failures.

In addition, you understand, agree and accept the following risks associated with electing to wrap into cbETH:

A. Neither Coinbase India nor any other entity of the Coinbase guarantee the value of your staked ETH principal or associated rewards.

B. Neither Coinbase India nor any other entity of Coinbase is responsible for any decrease in the value of your staked ETH principal or associated rewards.

C. The price of cbETH could diverge from the price of ETH or staked ETH because of market fluctuations, which may be affected by the actions or inactions of market makers or other market participants who receive loans or other incentives to purchase cbETH.

D. Neither Coinbase India nor any other entity of the Coinbase guarantees that wrapping staked ETH will result in a successful exchange or sale of cbETH. Neither Coinbase India nor any other entity of the Coinbase will backstop or otherwise intervene to guarantee cbETH liquidity.

E. Neither Coinbase India nor any other entity of the Coinbase guarantees the security or functionality of any third-party protocol, software or technology intended to be compatible with cbETH. Neither Coinbase India  nor any other entity of Coinbase is responsible for any losses of cbETH due to the failure of third-party protocol, software or technology.

F. As with the protocols for other Digital Assets, neither Coinbase India nor any other entity of the Coinbase owns or controls the underlying Ethereum protocol which governs the operation of cbETH.  Accordingly, cbETH is subject to Section 4.10 of this Agreement, like other Digital Assets.

G. As with other Digital Assets, cbETH could be impacted by one or more regulatory actions, which could impede or limit the services we can provide with respect to cbETH.

Unwrapping/Redemption.

A. If you hold cbETH in your Digital Asset Wallet and satisfy eligibility requirements,  you may instruct Coinbase to “unwrap” cbETH held in your  Digital Asset Wallet, thereby redeeming your cbETH for staked ETH plus any associated rewards and minus any  fees and slashing penalties. Staked ETH and any associated rewards will remain locked until Phase 1.5 of the Ethereum network upgrade is complete, as described in Appendix 3, Sections 1.8(B) – 1.8(D), above.

B. To unwrap cbETH, you will need to be a customer of either Coinbase India  or another member of the Coinbase with an active Coinbase Account and be eligible to stake ETH as described in Appendix 3, Section 1.8(A) above. Eligibility Additional geographic restrictions may apply, and eligibility is subject to change.

C. Requests to unwrap cbETH may not be processed immediately.

3.1 General.

Coinbase India  offers, and eligible users may access, an order book for various Supported Digital Assets and fiat currency trading pairs (each an “Order Book”) on the coinbase.com (“Advanced Trading”). See your Coinbase  Account to see what Order Books are available within Advanced Trading. Coinbase  does not offer Advanced Trading to customers in all jurisdictions. By accessing Advanced Trading or the Coinbase  API for Advanced Trading, you accept and agree to be bound by the Trading Rules available at https://www.coinbase.com/legal/trading_rules(the “Trading Rules”).

A. Trading Fees. By placing an order on Advanced Trading, you agree to pay all applicable fees and authorize Coinbase India to automatically deduct fees directly from your account. Trading Fees are set forth in the Trading Rules.

B. Withdrawal Fees. Coinbase India may charge a fee on certain fiat currency deposit or withdrawal methods (e.g. bank wire). DEPOSITS AND WITHDRAWALS MAY BE SUBJECT TO LIMITS.

C. Trading Account Use. You may not sell, lease, furnish, or otherwise permit or provide access to your Trading Account to any other entity or to any individual that is not your employee or agent. You accept full responsibility for your employees’ or agents’ use of Advanced Trading, whether such use is directly through Coinbase India  or by other means, such as those facilitated through API keys, and/or applications which you may authorize. You understand and agree that you are responsible for any and all orders, trades, and other instructions entered into Advanced Trading including identifiers, permissions, passwords, and security codes associated with your Account.

D. Suspension and Cancellation. In the event that your Account is suspended or terminated, we will immediately cancel all open orders associated with your Account, block all withdrawals and bar the placing of further orders until resolution or Account cancellation. In the event that your Account is suspended or terminated, we will immediately cancel all open orders associated with your Account, block all withdrawals and bar the placing of further orders until resolution or Account cancellation.

4.1. Decentralized Protocols. Coinbase India may provide users the ability to access one or more third-party decentralized protocols using a native interface inside the Site (each, a “Decentralized Protocol Integration”).  This section describes the terms that govern your use of any Decentralized Protocol Integration, and by using any Decentralized Protocol Integration, you agree to be bound by these terms. 

4.2. Third Party Services and Environments. The Decentralized Protocol Integrations allow you to access third-party services, such as decentralized exchanges or other services (“Third Party Services”), and enable you to interact with such Third Party Services using your Smart Wallet (as defined below).  We provide access to Third Party Services only as a convenience, do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products, assets, or services on or accessible from those Third Party Services (including any related websites, resources or links displayed therein). When accessing and transacting on or with Third Party Services, you understand that unless otherwise stated, you are at no time transacting with any member of the Coinbase Group, or transferring your assets to any member of the Coinbase Group.  Your use of any Third Party Service may also be subject to additional terms and conditions between you, on the one hand, and the provider(s) of such Third Party Service, on the other hand.

4.2.1. Risks of using Third Party Services. Third Party Services, such as decentralized exchanges, may provide access to services and assets that have high risks of illiquidity, devaluation, lockup, or loss.  Before you initiate any transaction with or through a Third Party Service, it is important for you to understand that you are transacting directly with a third party that is not affiliated with any member of the Coinbase Group.  You should assume that we have not verified the safety or legitimacy of any Third Party Service, and have not reviewed (or approved of) the services it provides or any representations it has made.  It is your responsibility to ensure that you fully understand the nature of the services being provided by any Third Party Service, including the financial risks that you may be exposed to as a result of using such Third Party Service.

4.2.2. Unsupported Digital Assets. If you access a Third Party Service that enables you to obtain a digital asset that is not supported on the Site in your country of residence, you will not be permitted to transfer such digital asset from your Smart Wallet to the hosted digital wallet associated with your Coinbase account.

4.2.3. Publicly Available Information. When you interact with any Third Party Service through the Decentralized Protocol Integrations, we may display on the Site information about your onchain activities and transactions that is publicly available on the blockchain and/or provided by such Third Party Service.  You should assume that we have not verified the accuracy of any such information, and neither Coinbase India nor any other member of the Coinbase Group will be liable for any losses that you may incur as a result of relying on such information.

4.3. Smart Wallets. 

4.3.1. Set-Up. In order to use a Decentralized Protocol Integration, you will need to set up a self-custodial crypto wallet (a “Smart Wallet”) that enables you to (i) store digital assets; (ii) access and interact with Third Party Services; (iii) broadcast transactions on digital asset networks, and (iv) use additional functionality as we may add from time to time.

4.3.2. Onchain Transactions. Your Smart Wallet enables you to interact with Third Party Services by signing onchain transactions (each, an “Onchain Transaction”), including transactions that transfer digital assets between your Smart Wallet and other external wallets.  Onchain Transactions that you sign using your Smart Wallet cannot be reversed once they have been broadcast to the relevant digital asset network (although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators). Neither Coinbase India nor any other member of the Coinbase Group controls the digital asset network(s) on which the Third Party Services operate, and makes no guarantees that an Onchain Transaction will be confirmed by the relevant digital asset network(s).  Accordingly, Section 4.14 of the User Agreement will be deemed to govern, mutatis mutandis, your use of any digital asset network in connection with an Onchain Transaction that you sign using your Smart Wallet.

4.3.3. Pending Transactions. Once an Onchain Transaction is submitted to a digital asset network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to allow confirmation of the transaction by the digital asset network. An Onchain Transaction is not complete while it is in a pending state. Pending Onchain Transactions that are initiated from a Smart Wallet will reflect a pending transaction status and are not complete while the transaction is pending.  Neither Coinbase India nor any other member of the Coinbase Group is liable for any losses you may incur as a result of issues with the relevant digital asset network (e.g., network outages or excessive network congestion) that causes any Onchain Transaction initiated from your Smart Wallet to remain in a pending state for an extended duration.

4.3.4. Ownership and Control. You own and control the digital assets in your Smart Wallet and bear all risks of loss. Neither Coinbase India nor any other member of the Coinbase Group is liable for any fluctuations or losses, including those from using Third Party Services.  At any time, subject to outages, downtime, and other applicable policies, you may transfer the digital assets you hold in your Smart Wallet to a different self-custodial wallet address.

4.3.5. Fees. You may incur charges from third parties for your use of any Third Party Services. For example, you may be charged fees by a decentralized exchange that you access via a Decentralized Protocol Integration. Unless otherwise stated, third-party fees are not charged by, nor paid to, Coinbase India or any other member of the Coinbase Group.  Any fee charged by us or another member of the Coinbase Group in connection with your use of a Decentralized Protocol Integration or your Smart Wallet will be designated as such, and presented before you submit your transaction.

4.3.6. Supported Assets. Neither Coinbase India nor any other member of the Coinbase Group assumes any responsibility in connection with any attempt to use your Smart Wallet to store, receive or otherwise transact with any digital asset that Coinbase does not support.  We may in our sole discretion terminate support on the Site for viewing or interacting with any particular digital asset you have in your Smart Wallet.  As such, if you or a third party sends digital assets to your Smart Wallet from an external wallet, you understand and agree that you may not be able to access such digital assets through the Site.  If you obtain in your Smart Wallet a digital asset for which we have terminated support, you may be required to either transfer such digital asset from your Smart Wallet to an external wallet address or eject your Smart Wallet. Services and supported assets may vary by jurisdiction.

4.3.7. Smart Wallet Recovery. If you lose or delete the authentication key that you used to create and secure your Smart Wallet, we may provide you with the ability to add or replace your authentication key to control your Smart Wallet in order to regain access.  In order to do so, you will need to be logged into your Coinbase account. You may be required to initiate the recovery process from the Site.  Your authentication key is stored directly on your device; Coinbase does not have access to your authentication key and cannot initiate the recovery process on your behalf.  Only someone with access to your Coinbase account can recover your authentication key.

4.4. Access. Your Smart Wallet and the Decentralized Protocol Integrations (together, the “Decentralized Services”) can be accessed directly using the Site. Access to Decentralized Services may become degraded or unavailable, including during times of significant volatility or volume. This could result in significant support response time delays. Although we strive to provide you with excellent software service, we do not represent that the Site or Decentralized Services will be available without interruption and we do not guarantee that any transaction you attempt to complete using your Smart Wallet will be confirmed, executed, or remain open. Neither Coinbase India nor any other member of the Coinbase Group shall be liable for any losses resulting from or arising out of delays in processing transactions, inability to sign or execute transactions, or lack of timely response from customer support. For example, if you are locked out of your Coinbase account, it is possible that the value or price of the digital assets, including those held in your Smart Wallet, might go down before your access is restored. Neither Coinbase India nor any other member of the Coinbase Group shall be liable for any alleged losses that you suffer due to a drop in digital asset values or prices.

Coinbase makes available a platform (the “Token Sale Platform”) where developers of certain digital assets (“Sellers”) will be able to sell those digital assets (“Sale Tokens”) to eligible users (such sales, “Sales”) (together the “Token Sale Services”).  By accessing the Coinbase Token Sale Platform and purchasing Sale Tokens, you agree to be bound by these additional terms (“Token Sale Terms”). Token Sale Services are facilitated by Coinbase India.

5.1. Role of the Token Sale Terms. These Token Sale Terms govern the basis upon which Coinbase will provide you with the Token Sale Services and your use of those Token Sale Services, including within the Coinbase Site. These Token Sale Terms should be read in conjunction with this User Agreement.

5.2. Where to Find Information.  The Token Sale Platform for a particular Sale will display certain information related to the Sale, such as the price per Sale Token or the manner of determining price, the minimum and maximum allocation to each purchaser, the manner of allocation, the Supported Digital Assets that are eligible for use as payment, and the start date (the “Opening Date”) and end date (the “Closing Date”) from and to which the Sale Tokens will be available for sale. Prices for tokens on the Token Sale Platform may be displayed in fiat or Supported Digital Assets, but will be payable only in the Supported Digital Assets that are eligible for use as payment.

5.3. Purchasing Sale Tokens. To place an order to purchase Sale Tokens, you must have the required amount of eligible Supported Digital Assets in your Coinbase Account to complete such purchase. On the Opening Date, Coinbase will allow you to commit an amount of eligible Supported Digital Assets determined by you to purchase the relevant Sale Tokens, which will be subject to minimum and maximum allocations and any restrictions you place on your order, if applicable. Such orders constitute a standing specific instruction from you to execute an order to purchase Sale Tokens on the Token Sale Platform.

5.4. Committed Digital Assets. Any Supported Digital Assets that are necessary to fulfill your purchase obligation in full will be committed from the time you place your order (“Committed Digital Assets”). When you place an order on the Token Sale Platform, you authorize Coinbase to lock these Committed Digital Assets until completion of the Sale in a Digital Asset Wallet designated to your Coinbase Account. For the avoidance of doubt, Committed Digital Assets will continue to be held  pursuant to Section 4.19  of this User Agreement until transferred to the Seller for settlement on the Closing Date. Your Committed Digital Assets are a request for Sale Tokens and your allocation request may not be filled in its entirety, or at all. The maximum allocation that you can request may be dependent on eligibility. You acknowledge and agree that you will not be able to trade, transfer or withdraw any of the Committed Digital Assets, or modify your request, until the earlier of: (a) the cancellation of the Sale process pursuant to Section 5.7; or (b) the final allocation of Sale Tokens pursuant to Section 5.5, in which case if you did not receive your full allocation you will be free to transfer or withdraw the amount of Committed Digital Assets that were not used to purchase Sale Tokens.

5.5. Sale Completion / Allocation. Following the Closing Date, unless the Sale has been cancelled pursuant to Section 5.7, Coinbase will credit your Digital Asset Wallet with the Sale Tokens you have been allocated and purchased from the Seller, and transfer the corresponding value of Committed Digital Assets to the Seller. Sale Tokens credited to your Digital Asset Wallet are treated as Supported Digital Assets and subject to Section 4.19 of this User Agreement.

5.6. Fees. Coinbase may charge a fee in connection with your order to purchase Sale Tokens and by placing an order on the Token Sale Platform, you agree to pay all applicable fees. To the extent any fee is charged in connection with the Token Sale Platform, information is available here and will be disclosed to you at the time you place such order.

5.7. Sale Cancellation. The Seller or Coinbase may cancel a Sale after it has begun, in which case, to the extent Coinbase is holding any of your Committed Digital Assets, Coinbase will release such Committed Digital Assets within 25 calendar days from the date of the Sale cancellation, they shall cease to be committed to the relevant Sale and you will be able to transfer or withdraw them. 

5.8. Transaction counterparties. In a Sale, you are purchasing Sale Tokens directly from the Seller. Sale Tokens are priced by the Seller. Coinbase India acts solely as a facilitator of the transaction.You acknowledge and agree that Coinbase is not the seller, underwriter, guarantor or issuer of any Sale Tokens, and by purchasing Sale Tokens, you are entering into an agreement (the terms of which may be displayed on the Token Sale Platform) to purchase the Sale Tokens from Seller. Coinbase is not responsible for any failure by the Seller to comply with the terms of any agreement between you and the Seller, whether set forth on the Token Sale Platform or in other terms provided by the Seller or its related parties.

5.9. Sale Disclosures. Certain information regarding the Seller and/or Sale Tokens (including but not limited to a whitepaper, description of the Sale Tokens or any associated protocol, or other disclosure materials) may be provided on the Coinbase Site in connection with a Sale (“Sale Disclosures”). The content of the Sale Disclosures is provided by Seller and is for general informational purposes only. Coinbase does not verify information provided by Seller on the Sale Disclosures and makes no assurance, representations or warranties, express or implied, regarding the accuracy, completeness, or sufficiency of the information provided and shall have no liability for any inaccuracies in such materials.

5.10. Exclusion of Warranties. Without limitation of Sections 10.3 and 10.6 of these Terms, Coinbase makes no warranty with respect to any Sale Tokens, including any warranty of title, merchantability, fitness for a particular purpose and/or non-infringement, that the Sale Tokens will be free from errors, glitches, bugs, viruses or other malicious software, that the Sale Tokens or any associated protocol will function as described in any materials provided by the Seller or that any associated protocol will launch, that Seller has complied with applicable law in connection with the issues, development, or sale of the Sale Tokens, or that the use of Sale Tokens or any associated protocol will comply with applicable law. Coinbase does not guarantee that there will be a market in Sale Tokens or that Sale Tokens will maintain any specific price level. Coinbase may cease to support any Sale Tokens (as Supported Digital Assets) following the delivery thereof to your Coinbase Account, and in that case you may need to withdraw your Sale Tokens. Without limiting the foregoing, you assume all risks and liabilities associated with the purchase, sale or use of any Sale Tokens. You are encouraged to consult your own independent advisors before making any decisions based on the content of the Coinbase Site.

5.11. Limitation of Liability. COINBASE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT SELLERS AND THEIR ASSOCIATED PERSONS, SALE TOKENS, THE ASSOCIATED PROTOCOLS, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES OR ANY INFORMATION PROVIDED BY ANY OF THEM INCLUDING, BUT NOT LIMITED TO, THE SALE DISCLOSURES (“THIRD PARTY SERVICES”). YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, OR RESOURCES, INCLUDING RISK OF LOSS FOR ASSETS UTILIZED WITHIN OR TRADED THROUGH SUCH THIRD-PARTY SERVICES. IN NO EVENT WILL COINBASE BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THIRD PARTY SERVICES. THIS SECTION OPERATES IN ADDITION TO ANY LIMITATION OF LIABILITY EXPRESSED ELSEWHERE IN THIS USER AGREEMENT.

5.12. Eligibility. In order to use the Token Sale Platform, you must (a) have a registered Coinbase account, (b) have successfully completed identity verification on your account, and (c) be in good standing and eligible to transact on the Coinbase platform. We reserve the right to not offer the Token Sale Platform to you at our discretion. Your eligibility to purchase Sale Tokens in any particular Sale will be based on criteria determined by Coinbase and the Seller in such Sale, and may be different for different Sales.

5.13. Connected Persons. You may not place an order for Sale Tokens if you are an employee, officer, director or contractor of the Seller, its affiliates, or any other entity involved in the development of the Sale Tokens or any associated protocol.

5.14. Information Disclosure. By using the Token Sale Platform, you acknowledge that Coinbase may share certain information with the Seller for purposes related to the sale and delivery of the Sale Tokens, or as required in accordance with our Privacy Policy.

5.15. Prohibited Use. Your participation in a Sale is subject to our Prohibited Use Policy. In addition, you must not participate in a Sale in a manner which is unfair, abusive, manipulative, or illegal in any way. If you receive information which may amount to inside information in connection with any Sale, you may not participate in that Sale, and you must not unlawfully disclose that information to another person.

6.1. Using Coinbase Custom Stablecoins. In some jurisdictions, Coinbase India may make available to you the ability to wrap (which may be displayed as ‘buy’), ‘unwrap’ (which may be displayed as ‘sell’), hold, or transfer certain Digital Assets that are issued by Coinbase, or its affiliates but bear the branding of third-party partners (each, a “CCS Partner”) (such Digital Assets, “CCS”). Each CCS is designed to be backed one-to-one by USDC (“Reserve Asset”).  To wrap or unwrap a CCS through Coinbase India, you will need to be a Coinbase India customer with a Coinbase Account in good standing. Additional geographic restrictions may apply, and eligibility is subject to change. By electing to wrap into a CCS, you understand and agree that:

6.1.1. Each CCS represents an ownership interest in a corresponding Reserve Asset held by Coinbase in accordance with, and subject to the conditions set forth in Section 4.1.3 of this Appendix 3. By obtaining a CCS, you retain (for so long as you hold the CCS) title to, and bear all risk of loss of, the underlying Reserve Asset.

6.1.2. Selling or otherwise transferring a CCS automatically transfers ownership of an underlying Reserve Asset and the right to unwrap described in Section 4.3 below, and transfers title to, and risk of loss of, the Reserve Asset, subject to the terms of this Agreement.

6.1.3. The Reserve Asset backing a CCS is held by Coinbase as a custodial asset for the benefit of holders of such CCS, and ownership of and title to these assets shall remain with the holders and not transfer to Coinbase India or Coinbase. Section 4.19 of the User Agreement shall apply, mutatis mutandis, to any Reserve Asset held on behalf of holders of a corresponding CCS to the same extent as any Reserve Asset held by Coinbase on behalf of Coinbase India customers.

6.1.4. CCS are ERC-20 and/or SPL tokens and may be compatible with protocols or other software or technology provided by third parties.

6.2. Certain Risks. In addition, you understand, agree and accept the following risks associated with electing to wrap, unwrap, hold, or transfer any CCS:

6.2.1. CCS is not legal tender and is not backed by any government. CCS is not subject to deposit insurance protection.

6.2.2. Neither Coinbase India nor Coinbase guarantees the value of a Reserve Asset held on behalf of holders of a corresponding CCS.

6.2.3. Neither Coinbase India nor Coinbase is responsible for any change in the value of a Reserve Asset held on behalf of holders of a corresponding CCS.

6.2.4. The external price of a CCS could diverge from the price of a corresponding Reserve Asset because of market fluctuations or CCS Partner-specific risks. In case of a significant price dislocation, Coinbase India may exercise its right to pause unwrappings in accordance with Section 4.3.2 of this Appendix 3.

6.2.5. Neither Coinbase India nor Coinbase guarantees that obtaining a CCS will result in a successful exchange or sale of such CCS, and neither Coinbase India nor Coinbase will have any obligation to backstop or otherwise intervene to guarantee liquidity of such CCS.

6.2.6. Neither Coinbase India nor Coinbase guarantees the security or functionality of any protocol, software, or technology intended to be compatible with a CCS and is not responsible for any losses due to the failure of any such protocol, software or technology.

6.2.7. As with protocols for other Digital Assets, neither Coinbase India nor Coinbase  owns or controls the underlying protocols which govern the operation of any CCS. Accordingly, all CCS are subject to Section 4.14 of the User Agreement, like other Digital Assets.

6.2.8. As with other Digital Assets, a CCS could be impacted by one or more regulatory actions, which could impede or limit the services we can provide with respect to such CCS.

6.2.9. Neither Coinbase India nor Coinbase guarantees the reputation, solvency or business continuity of the CCS Partner associated with a CCS. You acknowledge and agree that the value and utility of a CCS may be influenced by the actions, omissions, or public perception of the CCS Partner. Neither Coinbase India nor Coinbase is responsible for any decrease in the value or utility of a CCS.

6.2.10. Neither Coinbase India nor Coinbase guarantees that a CCS will be accepted, recognized, or utilized for any specific goods, services, or ecosystem benefits. Neither Coinbase India nor Coinbase is responsible for any change in the utility associated with a CCS.

6.2.11. Coinbase (including Coinbase India) reserves the right to terminate or suspend its arrangement with a CCS Partner or delist a CCS at any time. In such an event, Coinbase India may provide you with a period of time to convert your CCS into the underlying Reserve Asset or another Supported Digital Asset, as determined by Coinbase India.

6.3. Unwrapping/Redemption of a CCS

6.3.1. To successfully ‘unwrap’ your CCS, you will need to be a customer of either Coinbase India or Coinbase with a Coinbase Account in good standing. Additional geographic restrictions may apply, and eligibility is subject to change. Requests to unwrap CCS through Coinbase India (which, for the avoidance of doubt, will result in you instructing Coinbase India to unwrap such CCS and deposit the corresponding Reserve Asset to your Digital Asset Wallet on a 1:1 basis, minus any Coinbase fees) may not be processed immediately.

6.3.2. Additionally, Coinbase India may, in our reasonable discretion, (i) pause unwrappings of any CCS for a corresponding Reserve Asset if there is a significant dislocation in the external market price of such CCS relative to a corresponding Reserve Asset that, in Coinbase India’s sole discretion, suggests that the smart contracts or other technology or security features supporting such CCS have been compromised, (ii) refuse an unwrapping request if we suspect that the CCS being presented for unwrapping was acquired through fraudulent means, (iii) pause unwrapping if we otherwise suspect that the security of the smart contracts used to mint and burn the applicable CCS has been compromised, or (iv) refuse an unwrapping request if the arrangement with the CCS Partner has been terminated or suspended, or the CCS has been delisted.

6.3.3. Pursuant to the terms of this Agreement, a holder of a CCS holds an ownership interest in a corresponding Reserve Asset custodied by Coinbase in accordance with Section 4.1.3 above. In the event of a shortfall in the amount of the Reserve Asset held by Coinbase, Coinbase’s liability vis-a-vis any holder of such CCS will be limited to such holder’s pro rata share of the shortfall amount.

6.4. Additional Terms

6.4.1. Coinbase India may charge a fee in connection with a request to wrap or unwrap a CCS, and any such fee will be disclosed to you at the time you initiate such request. Any changes to such fees will be effectuated in accordance with Section 2.4 of the User Agreement.

6.4.2. We reserve the right to treat any version of a CCS that has been created by a third party (e.g., via a third party wrapper or bridge to an unsupported network) (“Third Party Wrapped CCS”) as an unsupported Digital Asset in accordance with Section 4.9 of the User Agreement. This means that we may refuse or be unable to unwrap any Third Party Wrapped CCS that is sent to your Digital Asset Wallet for the corresponding Reserve Asset, which may result in irreversible loss of such Third Party Wrapped CCS.  Do not send Third Party Wrapped CCS to your Digital Asset Wallet.

6.4.3. Coinbase reserves the right to upgrade the CCS smart contracts at any time. In such event, we may require you to migrate your CCS to a new smart contract address. Coinbase India may take any technical steps necessary or appropriate to effectuate such upgrades for CCS held in your Digital Asset Wallet.

6.4.4. You understand and agree that the underlying software protocols may be subject to sudden changes in operating rules (including “forks”). In the event of a fork, Coinbase may temporarily suspend CCS operations (including wrapping, unwrapping, and transferring), and Coinbase India may temporarily suspend its support for CCS operations, without notice. Coinbase (including Coinbase India) will determine in its sole discretion which version of the underlying protocol to support, if any. 

6.4.5. Coinbase may freeze the CCS held in a Digital Asset wallet address as required by law or any court or other authority to which Coinbase is subject in any jurisdiction.

6.4.6. If the CCS in your Digital Asset wallet address is frozen in accordance with Section 4.4.5 of this Appendix 3, you may be permanently unable to transfer or unwrap any CCS associated with such address.