These terms of use (the “Terms of Use”) govern your access to and use of this site and any other FCAT Wallet branded applications, products and services (collectively, “Services”) that may be available to you on or through this site or that otherwise link to these Terms of Use (including, without limitation, all information, content, tools, products and services provided in this site). In continuing to access or use this site or the Services, you agree to be bound by these Terms of Use. If you are accessing this site or the Services in connection with your employment, you also accept these terms on behalf of your employer. Review the Terms of Use carefully prior to use and each time you return as these Terms of Use may be changed at any time with or without notice to you. Any continued use of this site or the Services after such changes shall constitute acceptance of such changes.
FCAT is a standalone brand representing a subset of services provided by Fidelity Center for Applied Technology LLC (“FCAT”), a subsidiary of FMR LLC, which is the parent company of various entities that offer products and services to the public. Rights granted to and limits on obligations of FCAT under these Terms of Use apply as well to FMR LLC and its subsidiaries and affiliates.
This site and the Services are currently under development in a pre-release “beta” phase. As such, this site and the Services may contain defects or errors and are subject to change. If you request access to any of the Services via a waitlist, no assurances or guarantees can be made that you will be successfully waitlisted or gain access to any Services. FCAT may limit access to any Services to users who meet certain criteria. The identification of such eligibility criteria is within FCAT's sole discretion and is subject to change at any time and from time to time. FCAT does not guarantee that this site or the Services will be available for future use.
The Services are solely for the self-custody of your digital assets. Under no circumstances will FCAT, its affiliates, or third-party vendors have direct access to, or provide custody services for, your digital assets in connection with the Services. All transfers relating to the Services are effected and recorded solely through your interactions with the applicable blockchain, which is not under the control of, or affiliated with, FCAT.
There is substantial risk in buying, selling, and holding digital assets. The value of digital assets can increase and decrease quickly and substantially, and you can lose money when buying, selling and holding digital assets. You are solely responsible for understanding and accepting the risks involved in buying, holding, transferring, sending and selling digital assets.
This site and the Services should not be considered investment advice or construed as an offer to custody or sell, a solicitation of an offer to buy, or a recommendation for any digital asset by FCAT, its affiliates or any third party. FCAT does not guarantee the accuracy, completeness, timeliness or usefulness of content provided in this site or by the Services and any such content should not be solely relied upon for making any investment decision. You acknowledge that information provided in this site or by the Services may be delayed. In making this site and/or any Services available to you, FCAT is not providing tax, investment, legal or advice of any kind. Tax laws and regulations are complex and subject to change. You may wish to consult your own tax, legal, and accounting advisors before engaging in any activity.
Certain sections of this site or certain Services may have separate terms and conditions, which are in addition to these Terms of Use. You should read those additional terms and conditions carefully. In the event of a conflict, those additional terms and conditions will govern your use of those sections or such Services.
FCAT has the right to change, suspend, discontinue or cancel your access to this site or the Services at any time with or without notice to you. You agree that upon cancellation or suspension of your access, or upon the termination of your relationship, you shall cease all use of and delete the content provided in this site and the Services. You agree that these Terms of Use shall survive any termination of your access to this site or the Services. You have the right to stop using this site or the Services at any time.
You may seek or receive technical support regarding this site or the Services or other general information about this site or the Services from us, including via email. You acknowledge that FCAT will not offer or provide support via SMS or any third-party platform, such as WhatsApp or Telegram. All support made available or provided by or on behalf of FCAT is believed to be reliable, but FCAT does not make representations or warranties, express or implied, as to its accuracy, its completeness, or the results to be obtained. Such support is being provided for informational purposes only and, by accepting such support, you are representing that you have adequate skill and experience regarding the proper selection, use, and/or application of this site and the Services and use this site and the Services at your own discretion and risk. You shall hold us harmless for any injury that may result from the support you receive from us.
You may be asked to enter your contact information at times on this site or on the Services. All such information may be accessible to personnel of FCAT or its affiliates, is subject to possible retention, and may be used and shared consistent with the FCAT Privacy Policy, which can be accessed via the link at the bottom of this page. Electronic (including wired and wireless) communications to or from FCAT may not be encrypted. You acknowledge that there is no guarantee that data, including e-mail, electronic and wireless communications, and personal data, will not be accessed by unauthorized third parties when communicated between you and FCAT or between you and other parties.
If you opt-in for a product waitlist or other communications, you agree to receive electronic mail messages from FCAT. If you no longer wish to receive similar electronic mail messages in the future, you may opt-out by contacting fcatwallet@fmr.com.
By using this site or the Services, you agree to not copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile, or create derivative works from this site or the Services. Unless you and FCAT have agreed otherwise in writing, links from another website to this site must resolve to the top-level homepage of https://www.fcatalyst.com/fcat-wallet. In order to avoid confusion, if you do link from another website to such top-level homepage, your website, and the link itself, may not suggest that FCAT endorses, sponsors or is affiliated with any non-FCAT website, entity, service or product, and may not make use of any FCAT trademarks or service marks other than those contained within the text of the link.
FCAT is not affiliated with any third parties referenced in this site or the Services, including any third-party content providers, any third party to which a link is provided in this site or the Services or any third party you utilize in connection with Services. These organizations are not FCAT employees or agents. FCAT cannot and does not guarantee the accuracy, completeness, timeliness or usefulness of content provided by these third parties, and is not responsible or liable for any content, advertising, products, services or other materials available from such third parties. You acknowledge that you are responsible for validating all market and third-party data on this site or on the Services, and that such data should not be solely relied upon for making any investment decision. Your use of any third-party site, product and/or service may be subject to separate terms and conditions of such third party.
FCAT, its affiliates or third parties own all intellectual property, including third-party content, related to this site and the Services. None of this intellectual property belongs to you and no proprietary rights are being transferred to you with respect to such intellectual property. All trademarks and service marks used in in this site belong to FCAT or its affiliates, except third-party trademarks and service marks, which are the property of their respective owners.
You may be asked from time-to-time to provide feedback to FCAT concerning this site or the Services. You irrevocably assign to FCAT all rights in any ideas or expressions of ideas that you provide to FCAT regarding this site or the Services. All comments, feedback, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials that you provide to FCAT (other than your personal information) (collectively, the “Feedback”), will become and remain the exclusive property of FCAT, including any future rights associated with such submissions. This means that you disclaim any proprietary rights in any Feedback, and that you acknowledge FCAT’s unrestricted right to use any Feedback (or materials or ideas similar to such Feedback) in any medium, now and in the future, without notice, compensation or other obligation to you or to any other person. It also means that (with the exception of your personal information) FCAT has no obligation to keep any Feedback confidential. Finally, you acknowledge that any Feedback that you submit, to the best of your knowledge, does not utilize proprietary or confidential information belonging to any other person. You further release and waive all claims against FCAT with respect to any intellectual property or other proprietary rights, publicity rights, rights of attribution, or any other liability in connection with such Feedback under the governing law of the United States.
You may use this site and the Services only as permitted by law. You may not use this site or the Services in any manner that could damage or overburden any FCAT server, or any network connected to any FCAT server. Do not use this site or the Services in any manner that would interfere with any other party’s use of this site or the Services. Do not introduce, nor permit any person to introduce into this site or the Services, any code or malicious or hidden mechanisms that would impair the operation of this site or the Services, or of FCAT computers, networks, or other devices or software. You may not access this site or the Services through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by FCAT.
You may use this site and the Services, including any content, information or other materials contained herein or therein, only for personal, non-commercial purposes. Neither this site nor the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FCAT.
This site and the Services are intended to be made available only to individuals in the United States, and the information on this site and the Services is only for persons in the United States. Nothing in this site or the Services shall be considered a solicitation to buy or an offer to sell any product or service to any person in any jurisdiction where such offer, solicitation, purchase, or sale would be unlawful under the laws of such jurisdiction. Each time you access this site or the Services for any purpose, you represent and warrant to FCAT that you are not (a) located in, organized under the laws of, a national of, ordinarily resident in, or the government of any country or territory that is, or whose government is, the target of sanctions administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), (b) an individual, entity, or organization on OFAC’s list of Specially Designated Nationals and Blocked Persons or otherwise subject to economic or trade sanctions imposed, administered or enforced by the United States, or (c) acting for or on behalf or at the direction of, or owned or controlled by, any of the foregoing.
ALL CONTENT, PRODUCTS, SERVICES, INFORMATION AND OTHER MATERIAL ARE PROVIDED THROUGH THIS SITE AND THE SERVICES “AS IS.” NO EXPRESS OR IMPLIED WARRANTIES ABOUT THIS SITE OR THE SERVICES, INCLUDING ANY INFORMATION OR OTHER MATERIAL MADE AVAILABLE THROUGH THIS SITE OR THE SERVICES, ARE MADE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USAGE OF THIS SITE OR THE SERVICES IS ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND FCAT DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. FCAT DOES NOT WARRANT THAT THIS SITE OR THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS, OR THAT YOUR USAGE OF THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
NEITHER FCAT NOR ANY THIRD PARTY REFERENCED IN THIS SITE OR THE SERVICES WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES THAT RESULT FROM YOUR USAGE OF THIS SITE OR THE SERVICES. THIS IS TRUE EVEN IF FCAT OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NEITHER FCAT NOR SUCH THIRD PARTIES WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH FCAT OR SUCH THIRD PARTY DOES NOT HAVE DIRECT CONTROL. FCAT AND ANY THIRD PARTIES REFERENCED IN THIS SITE EXPRESSLY DISCLAIM LIABILITY FOR LOST PROFITS OR TRADING LOSSES AND ANY DAMAGES THAT RESULT FROM USE OF OR LOSS OF USE OF THIS SITE OR THE SERVICES, INCLUDING INFORMATION OR OTHER MATERIALS MADE AVAILABLE THROUGH THIS SITE OR THE SERVICES (WHETHER PROVIDED BY FCAT OR THIRD PARTIES). IF THE LIMITATIONS OF LIABILITIES OR REMEDIES IN THESE TERMS OF USE ARE DETERMINED BY A COURT OR ARBITRATION PANEL TO NOT APPLY TO YOU OR TO BE UNENFORCEABLE FOR ANY REASON, THEN YOU EXPRESSLY AGREE THAT THESE PROVISIONS WILL BE CONSTRUED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THAT UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF FCAT AND ALL THIRD PARTIES REFERENCED IN THIS SITE OR THE SERVICES FOR ANY CAUSE WHATSOEVER RELATING TO THESE TERMS OF USE, THIS SITE, OR THE SERVICES, INCLUDING ANY CONTENT, INFORMATION OR OTHER MATERIAL MADE AVAILABLEON THIS SITE OR THE SERVICES, EXCEED $100.
As a condition of your use of this site the Services, you agree to indemnify and hold FCAT and its affiliates and third parties referenced on this site or the Services harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from your use or misuse of this site or the Services, including any content, information or other material made available on this site or the Services, or from your violation of these Terms of Use.
Unless otherwise agreed, these Terms of Use and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and shall inure to the benefit of FCAT’s successors and assigns, whether by merger, consolidation, or otherwise. If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
For questions about these Terms of Use or other concerns or inquiries, please contact us. Contact information is available by contacting FCAT via email at fcatwallet@fmr.com.