Last Updated: Nov 23, 2020
RISK STATEMENT. ALL INVESTMENTS INVOLVE SUBSTANTIAL RISK OF LOSS. ALL TRADING STRATEGIES ARE USED AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR THE FINANCIAL RESOURCES YOU UTILIZE. IF THE MARKET MOVES AGAINST YOU, YOU MAY SUSTAIN A TOTAL LOSS OF THE INITIAL AMOUNT YOU ALLOCATED TO THE INVESTMENT. YOU SHOULD NOT ENGAGE IN TRADING UNLESS YOU FULLY UNDERSTAND THE NATURE OF THE TRANSACTION YOU ARE ENTERING INTO AND THE EXTENT OF YOUR EXPOSURE TO LOSS. IF YOU DO NOT FULLY UNDERSTAND THESE RISKS, YOU SHOULD SEEK INDEPENDENT ADVICE FROM YOUR FINANCIAL ADVISOR.
Eligibility and Agreement. If you use our Services, these Terms apply. If you do not agree to these Terms, you must not use our Services. You can use our Services only if you can lawfully enter into an agreement to these Terms under applicable law. If you use our Services, you agree to do so in compliance with these Terms and with applicable laws and regulations.
Changes to These Terms. We may make changes to these Terms, including when there are changes in our Services, technology, regulation or for other reasons. If we do, we will provide you with notice of such changes by posting the updated Terms on our website and changing the “Last Updated” date above. Any amended Terms will become effective no earlier than 5 days after they are posted and apply prospectively to use of the Services after such changes become effective, except that changes addressing new functions of the Abra Services or changes made for legal reasons will be effective immediately. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Services.
The Abra Services. Abra provides software to store, use, and manage cryptocurrencies that Abra has designated as supported by the Services (“supported cryptocurrencies”), using our wallet service, which we call Abra Wallet. Our Services may evolve over time. This means we may make changes, replace, or discontinue (temporarily or permanently) our Services at any time for any reason with or without notice. In this case, you may be prevented from accessing or using our Services. If, in our sole discretion, we decide to permanently discontinue our Services, we will provide you with notice via our website.
Forks. The underlying protocols in digital assets are subject to sudden changes in operating rules, and third parties may from time to time create a copy of a digital asset network and implement changes in operating rules or other features (“Forks”) that may result in more than one version of a network (each, a “Forked Network”) and more than one version of a digital asset (“Forked Assets”).
You understand and acknowledge that Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Abra, and you further acknowledge that our ability to deliver Forked Assets resulting from a Forked Network may depend on third parties outside of Abra’s control. You understand and acknowledge that Forks may materially affect the value, function, and/or even the name of the digital assets associated with your Abra wallet. In the event of a Fork, you understand and acknowledge that Abra may temporarily suspend services of the Abra App (with or without advance notice to you) while we determine, at our sole discretion, which Forked Network(s) to support.
YOU ACKNOWLEDGE AND HEREBY AGREE THAT ABRA MAY DETERMINE, IN OUR SOLE DISCRETION, NOT TO SUPPORT A FORKED NETWORK AND THAT YOU HAVE NO RIGHT, CLAIM, OR OTHER PRIVILEGE TO FORKED ASSETS ON SUCH UNSUPPORTED FORKED NETWORK. YOU HEREBY FURTHER AGREE THAT ABRA MAY, IN OUR SOLE DISCRETION, DETERMINE THE APPROACH TO SUCH FORKED ASSETS, WHICH MAY INCLUDE ABANDONING OR OTHERWISE ELECTING NOT TO SUPPORT SUCH FORKED ASSETS AS PART OF THE SERVICES. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE THAT ABRA IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND THAT MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOU.
Taxes. As a regulated financial service company operating in the US we are required to identify clients on our platform. This ensures we remain in compliance with applicable information reporting requirements in the jurisdictions in which we operate, something that is necessary for us to be able to continue to offer digital currency services to our clients. Abra collects and verifies your information. We also may obtain personal information from third parties in order to verify your identity, or to prevent fraud. Personal information collected from any source may include, among other things, your name and address, Social Security or taxpayer identification number, date of birth, etc. You certify under penalty of perjury that the information provided, including your social security or taxpayer identification number, is correct.
We may be required to provide certain legal and regulatory disclosures, periodic statements and confirmations, notices, tax forms and other communications (collectively “Communications”) to you in written form. By agreeing to these Terms and Conditions, you consent to Abra delivering such Communications to you in electronic form. Consent for electronic delivery applies to every year the statements are furnished.
Further, you understand and acknowledge that Abra does not provide tax or legal advice and that Abra will report certain transactions to the Internal Revenue Service to the extent and manner in which it is required to do so by law.
Premium Services. Abra provides certain premium services as part of our Services for which a fee is charged. The fees described below apply in connection with the following services:
- Buy and Sell. You can buy and sell supported cryptocurrencies via a network of Abra exchange partners using payment means supported by each exchange partner. You can buy supported cryptocurrencies using an eligible exchange partner via supported payment methods such as bank transfer, an Eligible Credit Card (see details below). Buying supported cryptocurrencies using an exchange partner via a bank account may require either proof of good funds by authenticating the details of your bank account, including the account balance at the time of purchase, or it may require the you to pre-fund the exchange partner-hosted bank account by wiring funds using instructions provided in the Abra Application (the Abra App). Upon completion of the cryptocurrency purchase, via any payment method, the cryptocurrency will be automatically transferred to your Abra App using the public address (key) associated with your phone number in the Abra App. Selling supported cryptocurrencies using an exchange partner to a bank account will result in delivery of the requisite amount of funds being delivered to your bank account via a normal bank wire service or Automated Clearing House (ACH) transfer.
- US ACH Agreement. By entering this agreement, you agree to the terms of service of SynapseFI (our US banking software provider) found here: https://synapsefi.com/legal , which are incorporated herein by reference. In addition, when providing a Social Security Number for verification purposes, you certify under penalty of perjury that: 1) The Social Security Number you provide is correct; 2) you are not subject to backup withholding because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding; 3) you are a U.S. citizen or other U.S. person; and 4) The Fair and Accurate Credit Transactions Act (FATCA) code(s) entered (if any) indicating that you are exempt from FATCA reporting is correct. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding.
- Buy and Sell Fees. If you buy and or sell supported cryptocurrencies in your Abra Wallet from an Abra exchange partner via either bank transfer or Eligible Credit Card, there may be a fee associated with the transaction. The fee is specified in advance of your buy or sell transaction via the Abra App.
- Exchange Services. Currencies inside the Abra Wallet may be exchanged from one currency to another currency via a network of Abra exchange partners. When you exchange a partial or full amount of a currency, you accept the applicable exchange rate and any applicable fees that will be displayed to you prior to conversion. Abra reserves the right to modify the terms and conditions of the exchange services, including but not limited to, the addition, modification and/or removal of any supported cryptocurrency.
Refunds; Reversals. Once a transaction has been initiated, it cannot be reversed. Purchases using a bank account, debit card, or credit card may be reversed or may be subject to a chargeback or related claim. All payment transactions processed through the Services are non-refundable. You may have additional refund or charge-back rights under your agreement with the recipient of such funds, your bank, or applicable law. You should periodically review statements from your bank, which should reflect all applicable payment transactions made using that payment method. You can also always access the record of your transactions by logging into your Abra App.
Private Key. When you create an Abra Wallet, the Services generate and store a cryptographic private and public key pair to secure your wallet.. The public key generated by the Services is stored along with your phone number on the Abra Service in order to identify you to the network of Abra users. The private key authenticates and authorizes your wallet to perform transactions.. The private key is stored directly in the Abra Wallet on your phone. Abra has no access to your private key.
Wallet Recovery Phrase. You agree that you are solely responsible for your Abra Wallet Recovery Phrase and shall take the necessary precautions to ensure its safekeeping. The Wallet Recovery Phrase allows you, the sole owner of your Abra Wallet’s private key, to recover your Abra Wallet in case your phone becomes unavailable for whatever reason including, but not limited to, loss, theft, device damage or failure, forgotten PIN, or any other circumstance that would prohibit you from accessing the Abra Wallet. In order to safely keep your Wallet Recovery Phrase, you shall make copies of your Wallet Recovery Phrase and shall securely store all copies. PROPER STORAGE OF YOUR WALLET RECOVERY PHRASE IS VITAL TO PREVENT RISK OF DAMAGE FROM NATURAL DISASTERS OR RISK OF UNAUTHORIZED ACCESS TO YOUR FUNDS. ANY FAILURE TO MAKE AND PROTECT YOUR ABRA WALLET RECOVERY PHRASE WILL LEAD TO TOTAL LOSS OF THE FUNDS ASSOCIATED WITH YOUR ABRA WALLET PRIVATE KEY.
Deposit Address. Users need to always use the latest deposit address from Abra wallet. Deposit addresses may change due to wallet and other platform upgrades. If users deposit into legacy deposit addresses, deposits may not be recoverable. Users can submit a support request to recover their deposit. Abra will charge a 0.1 BTC for this recovery. Recovering coins is an inherently dangerous and time consuming process. It is possible that some tokens may not be recoverable. In the event your tokens are not recoverable, Abra will return the recovery fee, minus any transaction fees or other expenses.
Ownership of Intellectual Property Rights. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in our Services and all content on our Services, including our trademarks, service marks, designs, logos, URLs, and trade names that are displayed on our Service, which we refer to in these Terms, collectively, as the Abra Materials. We hereby grant you a limited, nonexclusive, and non-sublicensable license to access and use the Abra Materials for your personal or internal business use. Such license is subject to these Terms and does not permit any resale of the Abra Materials; the distribution, public performance or public display of any Abra Materials; modifying or otherwise making any derivative uses of the Abra Materials, or any portion thereof; or any use of the Abra Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services. We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Abra or our Services that you provide, whether by email, posting through our Services or otherwise, which we refer to in these Terms as Feedback. Any Feedback you submit is non-confidential and will become the sole property of Abra. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You may not use, copy or retransmit anything on our website without our permission. We reserve all rights not expressly granted herein.
Using SMS/Text. To use the Abra Services, you must provide a valid mobile phone number. This number is used as part of the authentication process. As part of using the Abra Services, you agree to receive SMS/text messages from us. Please note that while we do not charge you for SMS/text messages, your mobile carrier’s standard messaging rates will apply. Failure to provide a valid mobile phone number may result in restriction of your use of the Abra Services.
Prohibited Activities. You agree that you will not use the Abra Services to perform any type of illegal activity of any sort or to take any action that negatively affects the performance of the Abra Services. You may not engage in any of the following activities via the Services, nor may you help a third party in any such activity: (1) attempt to gain unauthorized access to our Services or another user’s account, (2) make any attempt to bypass or circumvent any security features, (3) violate any law, statute, ordinance, or regulation, (4) reproduce, duplicate, copy, sell or resell our Services for any purpose except as authorized in these Terms, (5) engage in any activity that is abusive or interferes with or disrupts our Services. If you are blocked by Abra from accessing the Abra Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Use of our Services in connection with any transaction involving illegal products or services is prohibited. Abra reserves the right to temporarily or permanently suspend your account or otherwise restrict your use of the Abra Services if any violation of this section occurs.
Export Controls. The Abra Services may be subject to export control regulations under applicable law, including in the United States. By using the Abra Services you represent that you are not an individual or entity that is, or an entity owned or controlled by persons or entities that are, (i) the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, the Swiss government, or any other governmental authority with jurisdiction over Abra or the Abra Services; (ii) identified on the Denied Persons, Entity, or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security; or (iii) located, organized or resident in a country or territory that is, or whose government is, the subject of U.S. economic sanctions, including, without limitation, Cuba, Iran, North Korea, South Sudan, Sudan, or Syria. You further represent that you will not use the Abra Services to conduct any transaction with or on behalf of any person or entity listed in clauses (i) through (iii) above or otherwise in violation of law. Abra may cease to provide the Abra Services to you for any reason, and with no notice, if it determines that you have violated any of the above representations. You understand and consent that Abra may be legally required to detain, to deny your access to, and to report to one or more governmental authorities, such of your property or property interests as are in Abra’s possession or control in the event of certain sanctions imposing these obligations. These representations, covenants, and obligations are continuing, and you agree to notify Abra immediately in writing if your status under any of the above covenants changes.
Trademarks. Abra and the Abra logo are our trademarks, registered trademarks or service marks. Any other trademarks mentioned in our website or mobile Apps are the property of their respective owners.
Disclaimer of Warranties. OUR SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. Your use of our Services is at your sole risk. We and our licensors, service providers, subcontractors (if any) or exchange partners make no representations or warranties about the suitability of the information, software, products and services contained in our Services for any purpose or their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Services will be free from errors, viruses or other harmful components, that communications to or from the Services will be secure and not intercepted, that the services and other capabilities offered from the Services will be uninterrupted, or that their content will be accurate, complete or timely. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
Force Majeure. Abra shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, acts of civil or military authorities, acts of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
No Advice. Abra is not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by Abra is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you.
Indemnification. You agree to indemnify, defend and hold us, our employees, agents, consultants, subsidiaries, partners, affiliates, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) arising from or in any way related to your use of our Services, your violation of these Terms, or your violation of any rights of any other person or entity.
In no event will the aggregate liability of Abra, our licensors, service providers, subcontractors or exchange partners for any loss or damage that arises out of, or is connected with, any of the occurrences described above, exceed the greater of $100 or the service fees that you paid to us for the service we provide through the Services during the month during which the incident occurred. This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us, our licensors, service providers, subcontractors and exchange partners. Some jurisdictions do not allow certain warranty disclaimers or limitations on liability. Only disclaimers or limitations that are lawful in the applicable jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Arbitration and Governing Law. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Abra agree to arbitrate any dispute arising from these Terms or your use of our Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Abra agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Abra shall be sent to [email protected] . You and Abra further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Santa Clara County California; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with California laws and regulations; and (d) that the courts in Santa Clara County have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of California, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND ABRA WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
Limitations. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of our Services within two years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
Unclaimed Property. Under applicable law, after a specified period of inactivity by you with respect to your Abra account, Abra may be required to report and/or remit any assets it is holding in custody for you in accordance with unclaimed property laws.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
Abra Interest Account Terms
Acceptance Of Terms. By opening a Abra Interest Account with Prime Trust LLC (hereafter “Prime Trust”) via the Abra App on or after the effective date of these Terms, you agree that the terms and conditions contained in herein will govern your Abra Interest Account. Abra Interest Account opened prior to the effective date will be governed by these Terms, as modified from time to time in accordance with these Terms. You agree that these Terms will govern any existing Abra Interest Account maintained on or after the effective date. We reserve the right to update these Terms at any time, and may notify you of such changes via the Website or by email at the address specified on your account application.
Opening A Abra Interest Account. Anyone who is at least eighteen (18) years old can apply to open an Abra Interest Account. In order to open your account, we will need to verify your identity and require acceptable types of identification. To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify, and record information that identifies each person or entity that opens an account. When you apply for an account, we will ask for information that will allow us to identify you. We may also ask for your driver’s license or other identifying documents. Abra Interest Accounts are not available in any country to which the United States embargoes goods or imposes similar sanctions, or any other jurisdiction which we determine we would not be able to offer Abra Interest Accounts for regulatory or policy reasons. Due to the dynamic nature of regulatory requirements and interpretations in the cryptocurrency market, we reserve the right to update the list of prohibited jurisdictions and/or reject applications to open accounts that we determine we would be unable to accept for regulatory or policy reasons in our sole and absolute discretion. All crypto will be deposited into an account at Prime Trust or one of Abra’s licensed institutional custodians. You represent and warrant that any and all information provided to us pursuant to these Terms or otherwise is true, accurate and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible. Note that we may use credit reports or other information from third parties to help us determine if we should open or maintain your account. Your account is not deemed to be opened, and we have no responsibility to you unless and until you have received written confirmation from us that your account has been opened. We are not obligated to accept an application from any applicant, and we reserve the right not to open an account for any applicant in our sole and absolute discretion.
Funding Your Abra Interest Account. You can make your account-opening deposit by transferring eligible cryptocurrency to the Abra Interest Account from Abra’s trading account (crypto will be transferred to one of Abra’s institutional custodians). There is no minimum deposit required to open an Abra Interest Account. We may, in our sole discretion, institute a minimum balance in the future, and such minimum balance will apply to your Abra Interest Account. Once your account has been opened and funded, Abra requires up to seven business days prior to your complete or partial withdrawal of the eligible crypto you have deposited with us. During the withdrawal waiting period, you will continue to receive interest.
How Accounts Can Be Owned. Abra Interest Accounts can be held in the types of ownership described below
Individual Account: This account is owned by only one person or entity who can deposit, transfer, or withdraw cryptocurrency held in the account.
How Interest Is Calculated. The interest rate on the account is variable. We may update our variable interest rate daily. Our interest rate may be tiered, with specified rates in effect at any time only applied to specified portions of amounts on deposit. We will announce any changes to our interest rates and minimum account balances required to earn interest inside the Abra App. Interest will be payable in arrears and added to the principal in your account on a weekly basis. We use the minimum daily balance method to calculate the interest on your account. This method applies a daily rate to your minimum balance account balance during the day on each day. We will determine the interest rates and tiers for each day in our sole discretion, and you acknowledge that such rates may not be equivalent to benchmark interest rates observed in the market for bank deposit accounts.
How Interest Is Paid. Prime Trust will credit your Abra Interest Account periodically via the Abra App with the interest earned above a minimum threshold and in units of the account currency for the account on a weekly basis. Any unpaid interest will remain in your account and continue to count toward your interest earning balance. Your account must be open on such a date in order for you to receive this interest payment. All interest will be paid in cryptocurrency.
Over the Counter (OTC) Transactions. Abra Interest Account holders may also enter into transactions with Prime Trust for the trading of digital assets. While Abra may provide the software and user interface for such transactions, the counter party to all OTC transactions is Prime Trust. You, the user must specify the source and destination wallet addresses for all transactions and those addresses must be in your personal possession either through the Abra App or any alternative wallet under your control. Abra assumes no responsibility or liability for any loss incurred by utilizing the OTC services.
Withdrawals. You may make a complete or partial withdrawal of the principal from your Abra Interest Account at any time with appropriate time notice as stated above. The user initiates the withdrawal process to Prime Trust via the Abra App instantly when possible, and we may require up to seven (7) business days after you submit your withdrawal request to process the withdrawal. Interest will continue to accrue during the withdrawal waiting period. If you withdraw the entirety of your principal, any accrued interest above our minimum interest payment threshold will be included in your withdrawal. Any amount below the minimum interest threshold will not be paid and be forfeited.
Abra and our third party partners may experience cyber-attacks, extreme market conditions, or other operational or technical difficulties which could result in the immediate halt of deposits and withdrawals of cryptocurrency either temporarily or permanently. Abra is not and will not be responsible or liable for any loss or damage of any sort incurred by you as a result of such cyber-attacks, operational or technical difficulties, or suspensions of deposits or withdrawals.
Taxes. You will be able to see a record of the transactions related to your Abra Interest Account which you may wish to use for the purposes of making any required tax filings or payments. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority. We will make any tax withholdings or filings that we are required by law to make, but we are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction. You are responsible for complying with applicable law. You agree that Abra is not responsible for determining whether or which laws may apply to your transactions, including tax law. You are solely responsible for reporting and paying any taxes arising from your Abra Interest Account.
Risk Disclosure. Your Abra Interest Account is not a checking or savings account, and it is not covered by insurance against losses. We will lend, sell, pledge, rehypothecate, assign, invest, use, commingle or otherwise dispose of funds and cryptocurrency assets to counterparties, and we will use our commercial best efforts to prevent losses. In certain jurisdictions, cryptocurrency is not legal tender and is not backed by the government. Accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of cryptocurrency. Transactions in cryptocurrency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some cryptocurrency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction. The value of cryptocurrency may be derived from the continued willingness of market participants to exchange government-issued currency for cryptocurrency, which may result in the potential for permanent and total loss of value of a particular cryptocurrency should the market for that cryptocurrency disappear. There is no assurance that a person who accepts a cryptocurrency as payment today will continue to do so in the future. The volatility and unpredictability of the price of cryptocurrency relative to government-issued currency may result in significant loss over a short period of time. The nature of cryptocurrency may lead to an increased risk of fraud or cyber-attack, including rollback attacks or blockchain reorganizations. The nature of cryptocurrency means that any technological difficulties experienced by Abra may prevent the access or use of a customer’s cryptocurrency. Any trust account maintained by Prime Trust for Abra for the benefit of its customers may not be sufficient to cover all losses incurred by customers. In light of these risks, you should carefully consider whether holding cryptocurrency in an Abra account is suitable.
Consent to Rehypothecate. Except where prohibited or limited by applicable law, in consideration for the interest earned on your account, you grant Prime Trust and Abra the right, without further notice to you, to hold the cryptocurrency held in your account in Prime Trust or Abra’s name or in another name, and to pledge, repledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer or use any amount of such cryptocurrency, separately or together with other property, with all attendant rights of ownership, and for any period of time and without retaining in Prime Trust or Abra’s possession and/or control a like amount of cryptocurrency, and to use or invest such cryptocurrency at its own risk. You acknowledge that, with respect to assets used by Abra pursuant to this paragraph, (i) you may not be able to exercise certain rights of ownership and (ii) Abra may receive compensation in connection with lending or otherwise using cryptocurrency in its business to which you will have no entitlement.
Ownership of Cryptocurrency. You hereby represent and warrant to us at all times during which you hold cryptocurrency in your Abra Interest Account that any cryptocurrency used by you in connection with your Abra Interest Account is owned by you or that you are validly authorized to carry out transactions using such cryptocurrency and that all transactions initiated with your Abra Interest Account are for your own account and not on behalf of any other person or entity.
General Rules Governing Abra Interest Accounts. All of our actions relating to your Abra Interest Account, including these Terms, will be governed by the laws and regulations of the United States and, to the extent not preempted, the laws and regulations of the State of Nevada. Any lawsuit regarding your account must be brought in a proper court in the State of Nevada. If any part of these Terms is determined to be invalid or unenforceable, such determination will not affect the remainder of these Terms.
We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Contributions. All contributions to your Abra Interest Account must consist of eligible cryptocurrency and must be transferred to the deposit address provided in your Abra wallet or as otherwise notified by us to you. We have the right to reject any deposit and the right to return a deposit already made.
Our Relationship with You. These Terms and the deposit relationship do not create a fiduciary relationship between us.
Authorized Users. We may follow instructions regarding your Abra Interest Account if we reasonably believe that you have authorized the instructions.
Statements. We will make statements for your Abra account available to you via Abra transaction history in the Abra App. All of your accounts and (in our discretion) those of any of your affiliates may be combined into one statement.
Review of Account Transactions. We will make available to you a transaction history showing the activity on your account and containing information sufficient to allow you to reasonably identify transactions. You must examine these transactions and notify us of any unauthorized use or any error or irregularity on the account within 60 calendar days after each transaction is made. If notice is not received within the 60-calendar day period, then we will have no liability to you and the loss will be entirely yours for the transaction.
Notice of Withdrawal; Limits on Withdrawals. We initiate the withdrawal process as quickly as possible but may require up to seven (7) business days to process withdrawals from your Abra Interest Account. Withdrawal limits based on frequency may apply from time-to-time and will be described in Abra’s FAQ.
Transfer of Accounts. Accounts are not transferable or assignable in whole or in part.
Abandoned/Unclaimed Accounts. Abra is required by law to turn over the funds in abandoned or unclaimed customer accounts to the state of your last known residence.
Business Day. For purposes of these Terms, our business days are Monday through Friday. Saturdays, Sundays and all federal holidays/bank holidays are not included.
Indemnification and Limitation of Liability; Attorney’s Fees and Costs for Lawsuits. You agree to indemnify and hold us and our affiliates harmless from any losses, damages, suits and expenses, of whatever kind, including reasonable attorneys’ fees, which we may incur in connection with or arising out of your use of your Abra Interest Account or our activities in connection with such account, your violation of any law, regulation, order or other legal mandates, or the rights of a third party, or any act or omission by your agent, representative or third-party service provider while using your Abra Interest Account, regardless of whether the specific use was expressly authorized by you. You agree to comply with applicable law and to not use your account for unlawful internet gambling transactions or any other transaction or activity that is illegal or violates applicable regulations or rules of any applicable self-regulatory organization. Please note, your agreement to comply includes United States federal and state economic sanctions laws and regulations, including those issued by the Office of Foreign Assets Control of the U.S. Department of the Treasury and Executive Orders issued by the President of the United States.
We are not liable to you for claims, costs, losses or damages caused by an event that is beyond our reasonable control (e.g., the acts or omissions of third parties, natural disaster, emergency conditions, government action, equipment or communications malfunction). We are not liable for special, incidental, exemplary, punitive or consequential losses or damages of any kind. Except for any setoff permitted by applicable law and Section Setoff and Security Interest Rights below, any amounts owed or liabilities incurred by us (“Obligations”) may be satisfied solely from the assets of Plutus Lending LLC. Without limiting the generality of the foregoing, in no event shall you have any recourse, whether by setoff or otherwise, with respect to any amounts owed or liabilities incurred, to or against any assets of any person or entity other than Plutus Lending LLC for Obligations, including, without limitation, any member, affiliate, investor, employee, officer, agent or advisor of Plutus Lending LLC. For the avoidance of doubt, the foregoing shall not limit any setoff permitted by applicable law and Section Setoff and Security Interest Rights below.
We reserve the right to limit access to your accounts, which can include temporarily or permanently removing your online access, restricting your account, and/or closing your accounts without prior notice to you unless prior notice is required by law. We do not bear liability for such actions. In addition, Abra reserves the right to withhold or delay the withdrawal of funds or assets belonging to you if you fail to comply with these Terms.
Our liability to you for a claim is limited to the face value of the item or transaction or the actual value of any funds not properly credited or debited.
Conflict/Disputes Involving Your Account. We are not liable to you for errors that do not result in a financial loss to you. We may take any action authorized or permitted by these Terms without being liable to you, even if such action causes you to incur fees, expenses or damages.
If third parties make claims on your account, or if we receive conflicting instructions from authorized signers, or if we become involved in or concerned about a dispute between you and an authorized signer, we have the discretion to react in ways we believe to be appropriate, including by closing your account and returning the cryptocurrency deposited. You are liable for all expenses and fees we incur for such conflicts or disputes, including internal costs and attorneys’ fees, and we may charge them to your account.
Fraudulent activity, including any attempt to withdraw funds that you do not own, did not deposit, or did not purchase, is strictly prohibited and may result in the closure of your Abra Account. Fraudulent activity includes any attempt to take advantage of errors on the Abrai UI. Any errors identified should be flagged to [email protected]
Legal Process Affecting Accounts. If legal action such as an attachment, garnishment, levy, or other state or federal legal process (“legal process”) is brought against your account, we may refuse to permit (or may limit) withdrawals or transfers from your account until the legal process is satisfied or dismissed. Regardless of the terms of such attachment, garnishment, levy, or other state or federal process, we have the first claim to any and all funds in your account. We will not contest on your behalf any such legal process and may take action to comply with such legal process as we determine to be appropriate in the circumstances without liability to you. If we incur any expenses, including without limitation, reasonable attorney fees, in connection with any such legal process, we may charge any expenses and fees to your account or any other account you may have with us without prior notice to you, or we may bill you directly for such expenses and fees. Any garnishment or other levy against your account is subject to our right of setoff and security interest.
Setoff and Security Interest Rights. You grant us a security interest in any and all of your accounts with us for obligations owing to us or any of our affiliates by any owner of any of your accounts. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else, including debts and obligations under other transactions or agreements between you and us or any of our affiliates. We may take or set off funds in any or all of your accounts, or transfer funds between any of all of your accounts, with us or any of our affiliates for direct, indirect and acquired obligations that you owe us or our affiliates, including any balances as a result of not having sufficient funds available or as a result of an erroneous transfer of funds to an address under your control, regardless of the source of funds in an account. These rights are in addition to other rights we have to take, transfer or charge funds in your account for obligations you owe us or our affiliates. We may consider these Terms as your consent to Abra’s asserting its security interest or exercising its right of setoff should any laws governing your account require your consent. If the law restricts our ability to take, transfer or setoff funds in your account, or if some deposits are protected from attachment, levy or legal process, to the extent that you may do so by contract, you waive those conditions and limits and authorize us to apply funds in any or all of your accounts with us to obligations you owe us. Exercising these rights may result in early withdrawal penalties.
We hereby agree that, to the extent permitted by applicable law, you may take or set off funds in your account, or any amounts we owe you with respect thereto, against the Obligations. If the law restricts your ability to take, transfer or setoff funds in your account, or if some deposits are protected from attachment, levy or legal process, to the extent that we may do so by contract, we waive those conditions and limits and authorize you to apply funds in any or all of your accounts with us to the Obligations.
Change of Address. You must promptly notify us of any change in your email address. Failure to notify us may result in delay or non-receipt of Abra correspondence.
Recording and Monitoring Telephone Calls and Electronic Communications. We will record and monitor our telephone conversations with you and your electronic communications with us (chat, e-mail, and other forms of electronic exchange). Unless the law requires otherwise, you consent in advance to such recording and monitoring and we do not need to remind you of these activities.
Waiver. We may delay or waive any rights we have under these Terms. If we delay or waive our rights, you are still obligated to pay us fees and other amounts you may owe us under these Terms. Any delay or waiver of our rights applies only to the specific instance in which we decide to delay or waive the provision and does not affect our future rights in any way.
Closing an Account. We have the right to close your Abra Interest Account at any time for any reason without advance notice. If your account has a balance when we close it, you will need to withdraw all balance within a withdrawal period specified by Abra less any applicable penalty, unless prohibited by applicable law. Any balance after withdrawal period will be considered as unclaimed / abandoned by Abra.
Assignment; Entire Agreement. Abra may assign these Terms to its affiliate or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or substantially all of its assets. These Terms, together with any other agreements that apply to you, constitute the entire and exclusive agreement between us and you regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation or understanding regarding its subject matter.
Plutus Financial, Inc.
PO Box 390004
Mountain View, CA 94039