PLEASE READ THESE STAKING DISCLOSURES (“STAKING DISCLOSURES”) CAREFULLY AS THEY CONTAIN IMPORTANT PROVISIONS.  THESE STAKING DISCLOSURES REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US.

BITCOINIRA (“BIRA”) IS A TECHNOLOGY PLATFORM THAT ACTS AS AN INTERFACE, ALLOWING ACCOUNT OWNERS TO SELF DIRECT THEIR INVESTMENTS WITH AUTOMATED TOOLS AND TECHNOLOGY TO ACCESS A THIRD-PARTY IRA CUSTODIAN AND FINANCIAL SERVICES RELATED TO DIGITAL ASSETS.  IT ENABLES USERS TO DIRECTLY INTERACT WITH THESE THIRD PARTIES FOR SELF-DIRECTED TRANSACTIONS INVOLVING DIGITAL ASSETS.

These Staking Disclosures are supplemental to and will be read together with our Website Disclosures, Account Disclosures, and Digital Asset Investment Disclosures that apply when you use the BitcoinIRA Website to buy, sell, or stake your assets through the designated custodian, Digital Trust, LLC (“Digital Trust”).  These Staking Disclosures are incorporated by reference into the Legal Information webpage (collectively, the “Disclosures”).  By using the Staking Services, you acknowledge that you will be legally bound to the terms and conditions of the Disclosures and that these Staking Disclosures affect your legal rights and remedies.  You are not authorized to use the Staking Services until you have read, understand, and accept all of the terms and conditions in the Disclosures.

You represent and warrant that you have a self-directed BitcoinIRA maintained in the custody of Digital Trust, a regulated custodian and Nevada-chartered trust company, and that you are, at the time you use the Services, in compliance with your Account Disclosures with Digital Trust, including any requirements to maintain the accuracy of information submitted to Digital Trust and BIRA.

In the event of any conflict or inconsistency between these Staking Disclosures and the Disclosures, these Staking Disclosures will prevail solely with respect to the Staking Services.  Digital Trust acts solely as the custodian of your account and assets.  BIRA serves only as the technology platform facilitating the connection between you, Digital Trust, and the third-party Staking Providers.  Any staking or related ancillary services are made available either directly by Digital Trust or indirectly through BIRA’s platform and its integrated Staking Providers, as further described in these Staking Disclosures.

We encourage you to review these Staking Disclosures regularly, as they are subject to change.  The version of the Staking Disclosures in effect at the time any staking transactions are executed will apply to such transactions.  If you do not agree with any updated Staking Disclosures, you must immediately cease use of the Staking Services and notify us so that your Crypto Assets can be Unstaked.  By using the Staking Services, you acknowledge and agree that you are bound by, and must comply with, these Staking Disclosures, as updated from time to time.

If you do not understand and accept these Staking Disclosures in their entirety, you should not use the Staking Services.

1. DEFINITIONS

Unless otherwise defined in these Staking Disclosures, acronyms, phrases and abbreviations used in these Staking Disclosures will be interpreted in accordance with their generally understood meaning in the crypto industry.

• BIRA Node: means a validator node on the applicable Blockchain in which customer crypto assets have been Staked.
• Blockchain: means a distributed ledger or database recording transactions in a Supported Crypto.
• Bonding: refers to the act of locking up crypto assets to a particular Protocol.
• Bonding Period: means the mandatory waiting period imposed by a Protocol before Staked Assets begin earning Staking Rewards. Bonding Periods can also be known as warmup or activation periods.
• Earning Frequency: means the intervals at which a Staking Provider distributes Staking Rewards to Digital Trust on your behalf.
• Fulfillment Period: The period of time between opting in to stake assets and when the assets begin the Bonding Period. During this time, the BIRA and Digital Trust process your request and prepare the assets for staking with the Staking Provider.
• Protocol: means a set of rules and algorithms that define how a Blockchain network functions.
• Protocol Frequency: means the intervals at which a Protocol distributes Staking Rewards to a Staking Provider, on behalf of Digital Trust, who receives such Staking Rewards for your benefit.
• Stake: means the overall process of committing your Crypto Assets to a Protocol to support network operations, governance, or consensus mechanisms, by which you may become eligible to earn Staking Rewards in accordance with these Staking Disclosures and the applicable Protocol.
• Staked Assets: means the cryptocurrency that you have decided to Stake under these Staking Disclosures.
• Staking Fees: means the fees and expenses expressly identified in these Staking Disclosures or the applicable Staking Provider Terms that you will be charged in exchange for your receipt of the Staking Services.
• Staking Provider: means any third party “staking-as-a-service” staking provider that we collaborate with to offer the Staking Services, including Coinbase Crypto Services, LLC (“Coinbase”).
• Staking Services: means a product offered by BIRA, in conjunction with the Staking Providers, to enable BIRA customers to Stake crypto assets and receive Staking Rewards.
• Supported Crypto: means the digital currency, cryptocurrency, decentralized application token, protocol token, smart contract, Blockchain-based asset, stablecoin, crypto asset and other cryptofinance and digital assets and instruments supported by the Staking Services, as identified by us and subject to change in our sole discretion. Supported Crypto may vary by your jurisdiction.
• Unbonding Period: means the mandatory waiting period imposed by a Protocol after you initiate the withdrawal of Staked Assets before those Staked Assets become fully accessible for transfer, trading, or other use. During the Unbonding Period, the Staked Assets remain locked and may not accrue Staking Rewards.  The length and conditions of the Unbonding Period are determined by the applicable Protocol and may vary accordingly.
• Unstake: means the process by which you request the withdrawal or release of Staked Assets from the Protocol, subject to any applicable Unbonding Periods, penalties, or other conditions set forth in these Staking Disclosures, the applicable Staking Provider Terms or Protocol.

2. STAKING SERVICES

• Overview: Digital Trust and BIRA, in conjunction with its Staking Providers, offers Staking Services that enable you to Stake the crypto in your self-directed IRA (your “Crypto Assets”) and receive staking rewards (“Staking Rewards”) as determined by the applicable Staking Provider and applicable Protocol. Please note, in order to use the Staking Services, you must meet the minimum Crypto Asset volume requirements that are specified for the applicable Protocol you are not required to Stake any of your Crypto Assets and must affirmatively opt into using the Staking Services.  If you use the Staking Services, you authorize Digital Trust, BIRA, and the Staking Providers to perform the technical operations necessary to Stake your Crypto Assets so that you may earn Staking Rewards.  Each time the minimum amount of Crypto Assets required to activate a node is reached, a new BIRA Node will be activated and the crypto assets Staked to that node will earn Staking Rewards (after the applicable Fulfillment and Bonding Period).  If the amount of Crypto Assets falls below the minimum amount required, the applicable node(s) will be deactivated in accordance with requirements of the Protocol.  As a result, Staking Rewards will no longer be earned by any of the Crypto Assets Staked to the deactivated node(s) (including your Crypto Assets).  From time to time and in the ordinary course of business we may change Staking Providers and as a result your Crypto Assets will be Staked by the new Staking Provider on the same Blockchain on which your Crypto Assets were previously Staked.

• Ownership: Subject to applicable Fulfillment and Unbonding Periods, you may stop Staking your Crypto Assets at any time, and in no event will Staking your Crypto Assets affect your ownership of your Crypto Assets.  You and/or your subsequent retirement account own all Crypto Assets held by BIRA on behalf of and for the benefit of you.  Title to your Crypto Assets will at all times remain with you and/or your subsequent retirement account and will not transfer to Digital Trust.  None of your Crypto Assets are the property of, or will be loaned to, Digital Trust and Digital Trust does not represent or treat your Crypto Assets as belonging to Digital Trust.
• Staking Rewards: The amount of Staking Rewards earned will be determined by the applicable Protocol. The Staking Rewards will be calculated according to the applicable Protocol Frequency and Earn Frequency and distributed to you on a monthly basis by Digital Trust (each, an “Earn Occurrence”). For additional details on how Staking Rewards may be calculated, please see the Coinbase Staking Terms.  Any Staking Rewards are based on the percentage that your Crypto Assets makeup of the applicable BIRA Nodes and amount of time your Crypto Assets are committed to the applicable BIRA Nodes.
• Staking Fees: You understand and agree that Digital Trust, the Staking Provider, and in some cases the applicable Protocol (as outlined below), will charge certain Staking Fees. Digital Trust charges a 30% fee on your total Staking Rewards and Coinbase charges 6% for SOL, ETH, and DOT and 4% for ADA.  All fees are automatically deducted from your Staking Rewards, so the final amount credited to your account will be less the fees.  Staking Rewards are not guaranteed, and Staking Fees can significantly reduce your actual return.  Digital Trust and BIRA expressly and fully disclaim all responsibility for how Staking Rewards are calculated and when they are distributed by the applicable Staking Provider.  Upon an Earn Occurrence, all Staking Rewards will be automatically Staked using the Staking Services in accordance with these Staking Disclosures unless you Unstake Crypto Assets.
• Staking Provider Terms: Your use and receipt of the Staking Services may also be subject to Staking Provider provided terms (“Staking Provider Terms”), which we do not control.  For example, the Staking Disclosures and conditions for Coinbase are located here.  Failure to comply with Staking Provider Terms may result in the suspension or termination of your use of the Staking Services.  You understand and agree that we will not be liable for any losses arising from or related to your or the Staking Provider’s failure to comply with the Staking Provider Terms, which the Staking Provider may be amended from time to time.  You are encouraged to review the Staking Provider Terms regularly to ensure ongoing compliance.
• Unstaking; Protocol Lockups: Your Staked Assets will be subject to all of the same terms and restrictions of the applicable Protocol as they would be had you Staked your Crypto Assets directly with the applicable Protocol.  Before selling or transferring your Staked Assets, you must Unstake them.  Your Unstake request initiates technical actions on your behalf to Unstake your Staked Assets.  These operations take time to complete and are mandated by the applicable Protocol.  Upon Unstaking, including once any Fulfillment and Unbonding Periods are complete, slashing penalties, or reward adjustments have been satisfied, you will be able to transfer, trade, or liquidate them.  Depending on the Protocol, you may not be eligible to earn Staking Rewards or other benefits during the Unstaking process.  For certain Protocols, Unstaking is not possible until your Staked Assets have fully Unbonded.  While you may request to Unstake at any time, your Staked Assets will remain Bonded in such Protocol, until the applicable Fulfillment and Unbonding Period is complete.  Additionally, some Protocols require Staked Assets to be Staked for a minimum period of time (i.e., a protocol lockup period).  A protocol lockup will not affect your ownership of the Staked Assets, but they cannot be transferred, traded, or liquidated during the period of lockup.
• Segregation of Staked Assets:  The Staking Providers will at all times keep your Staked Assets segregated from the crypto assets of the applicable Staking Provider and its customers that are not BIRA or Digital Trust customers, by only Staking your Crypto Assets on BIRA Nodes. Staking Providers agree that you will at all times own your Staked Assets and Staking Rewards, free and clear of all liens and encumbrances.  At all times your Crypto Assets will remain segregated from the Staking Providers’, BIRA’s, and Digital Trust’s crypto assets.
• Supplemental Protocols Excluded: Staked Assets do not include or interact with supplemental protocols or functionalities.  This exclusion applies to metacoins, colored coins, side chains, derivative or enhanced tokens, forked protocols, staking governance, smart contract functionalities, and any other related features.  The Staking Service is not designed to detect, secure, or process transactions involving these protocols.  Any attempt to engage with such functionalities through the Staking Service may result in the loss of your Crypto Assets.  You acknowledge and accept that supplemental protocols are excluded from the Staking Service and that we bear no liability for any related losses.
• Suspension: Digital Trust, BIRA, or the Staking Provider may, modify, suspend, or discontinue any part of the Staking Services, temporarily or permanently.
• Compliance with Law:  You are required to comply with law when using the Staking Services, including all applicable export control laws and economic sanctions regulations administered by the United States Department of Commerce’s Bureau of Industry and Security, the United States Department of the Treasury’s Office of Foreign Assets Control, and any other applicable governmental authority. By using the Staking Service, you agree to comply with all applicable legal requirements and will not use or access the Staking Services if doing so would violate any applicable laws or regulations.  You understand and agree that you will not use the Staking Services in any manner that would cause BIRA, Digital Trust, or the Staking Provider to violate any applicable law or regulation.
• Bankruptcy Notice: In the event of a filing under title 11 of the United States Code or any other insolvency, liquidation, or reorganization proceeding under federal, state, or foreign law, your staked Crypto Assets, including any and all Staking Rewards, will not be considered to be the property of BIRA or Digital Trust in any such proceeding.  Customers will not rank as unsecured creditors of BIRA’s or Digital Trust’s estate for return of such funds.

3. USE RESTRICTIONS
   • Transaction Limits:Transaction limits may be imposed by Digital Trust, BIRA, or the Staking Provider based on various factors, including volume of transactions in a given period (e.g., daily), user account status, transaction history, and security considerations.  Transaction limits may be modified with or without prior notice and may vary depending on your payment method, verifications, and other factors.  Users are advised to monitor their transaction activity and remain informed of any changes to applicable limits.
   • Supported Crypto:  You may only use the Staking Services for Supported Crypto. Attempting to store, send, request or receive any assets other than Supported Crypto is strictly prohibited.  We assume no responsibility for any such prohibited uses.  Additionally, Staking Services may be terminated for any digital asset at any time at the sole discretion of Digital Trust, BIRA, or the Staking Provider.  If you fail to Unstake your Crypto Assets before support is discontinued, they may be removed from the Staking Services and, if applicable, credit your IRA with the equivalent market value of the discontinued asset, minus Staking Fees and other transactional costs.  Please note that not all cryptocurrencies are eligible for Staking Services.
   • Restrictions on Use: You will not, directly or indirectly: (A) use any of part of the Staking Service to create any service, software, product, platform, documentation or data that is similar to, in whole or in part, any aspect of the Staking Services (or other services or products offered by Digital Trust or BIRA); (B) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the Staking Service, or the underlying ideas, file formats, algorithms or trade secrets therein; (C) encumber, sublicense, transfer, rent, lease, time-share or use the Staking Service in any service bureau arrangement or otherwise for the benefit of any third party; (D) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any aspect of the Staking Service; (E) use or allow the transmission, transfer, export, re-export or other transfer of any product, technology or information you obtain or learn in connection with the Staking Terms (or any direct product thereof) in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction; (F) introduce into the Staking Service any malicious code, computer virus or any other similar harmful, malicious or hidden programs or data; (G) remove or modify any proprietary markings or restrictive legends placed on the Staking Service; or (H) authorize or knowingly permit any third party to engage in any of the foregoing proscribed acts.  For the avoidance of doubt, the restrictions set forth in this paragraph are in addition to, and in no way limit, any other restrictions or obligations applicable to you under these Staking Disclosures.
4. IMPORTANT CONSIDERATIONS.
   • Operation of Protocols: Digital Trust, BIRA, and the Staking Provider do not own or control the Protocols governing Supported Crypto. Protocols are generally open source, and anyone can use, copy, modify, and distribute them.  Consequently, we assume no responsibility or liability for their operation and cannot guarantee their functionality or security.  Protocols may undergo sudden changes in their operating rules (including “forks”) (“Operating Changes”) that may materially affect the availability, value, functionality, and/or name of your Staked Assets.  Neither Digital Trust, BIRA, nor the Staking Provider control the timing and features of Operating Changes.  You are responsible for staying informed about upcoming Operating Changes, including carefully considering available information when deciding whether to continue using the Staking Services for your Staked Assets.  In response to Operating Changes, there may be steps deemed necessary to protect the security and safety of Supported Crypto, including temporarily suspending support.  While Digital Trust and BIRA will make commercially reasonable efforts to notify you of the response to any Operating Changes, you acknowledge that Operating Changes are beyond our control and may require the need to act without prior notice.

Digital Trust’s and BIRA’s response to Operating Changes is at their sole discretion and may include restricting or discontinuing staking for your Staked Assets, implementing forks, or taking other actions.  You acknowledge and accept the risks associated with changes to any Supported Crypto or Supported Network.  You further agree that Digital Trust nor BIRA are not responsible for such changes and will not be liable for any loss of value resulting from them.

You understand and agree that Digital Trust and BIRA have no obligation to assist you with unsupported assets or protocols.

• Loss of Voting and Governance Rights:By staking your Supported Crypto, you may lose voting or governance rights.  In some cases, Digital Trust or our Staking Provider may vote on your behalf if the Supported Network does allow for delegated voting and they may vote with the Supported Network’s recommendations.
• Staking Rewards are Not Guaranteed:  Depending on the Protocol, there may be a delay before your Staked Assets are eligible for transaction validation and earning of Staking Rewards. Digital Trust will only pass through Staking Rewards that Digital Trust actually receives from the Staking Provider.  You have no right to any Staking Reward until it is generated by the applicable Protocol.  Digital Trust will distribute your Staking Rewards to your account as they are received from the Staking Provider without undue delay based on your election.  Digital Trust and BIRA do not guarantee that you will receive any compensation or rewards as a result of your participation in the Staking Services, including any Staking Rewards.
• Slashing: Slashing may occur due to Protocol violations, validator misbehavior, or other unforeseen events. You understand and accept the inherent risks associated with staking your Crypto Assets, including the potential for slashing.  The Staking Provider will use commercially reasonable efforts to prevent any Staked Assets from slashing and may replace Staked Assets that are slashed as a direct result of Staking Provider’s fault.  Digital Trust will not be liable for any slashing of Staked Assets.    
• Outages and Failures: You understand and agree that Digital Trust, BIRA, and the Staking Provider are not liable for any losses arising from or related to the unavailability of any portion of the Staking Service, including disruptions caused by: (A) any third party’s acts or omissions, including planned and unplanned system maintenance, hacking, cyberattacks, (B) any failures, outages, unsupported operating changes, or other disruptions in any Blockchain, Protocol, telecommunications, or other networks, as well as software, hardware, services, equipment, or systems of the Staking Provider, including as result of viruses, technical failures, website upgrades, banking issues, or legal and regulatory actions that temporarily impact services, (C) the suspension, discontinuation, or termination of any Blockchain, (D) computer system failures, including damage, defects, limitations in existing technology that prevent normal operation, and failures of the Staking Services to transmit data, and (E) changes in applicable laws regulations, or government orders. You acknowledge and agree that Digital Trust and BIRA are not responsible for any losses resulting from any of the above circumstances.
• No Warranty: THE DISCLAIMER SECTION OF THE TERMS OF SERVICE APPLY TO THE STAKING SERVICES AND YOUR RELATED USE OF THE WEBSITE.
• Intellectual Property: The “Intellectual Property and Copyright” provisions of the Terms of Service will govern the Staking Service.
• Limitation of Liability: THE “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY” AND “STANDARD OF CARE/LIABILITY” AND OTHER LIABILITY PROVISIONS OF THE TERMS OF SERVICE AND APPLICABLE CUSTODIAL AGREEMENT WILL APPLY TO YOUR USE OF THE STAKING SERVICES.
• Dispute Resolution: THE “ARBITRATION,” “CHOICE OF LAW AND DISPUTES” AND OTHER DISPUTE RESOLUTION PROVISIONS OF THE TERMS OF SERVICE AND APPLICABLE CUSTODIAL AGREEMENT WILL APPLY TO YOUR USE OF THE STAKING SERVICES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE STAKING SERVICES OR YOUR RELATED USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

5. GENERAL PROVISIONS
   • Entire Agreement: These Staking Disclosures, together with the Terms of Service and all other documents incorporated herein by reference, comprise the entire understanding and agreement between you, Digital Trust, and/or BIRA as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Staking Disclosures), between you, Digital Trust, and/or BIRA.
   • Assignment: Digital Trust reserves the right to assign our rights under these Staking Disclosures without restriction, including to our affiliates or subsidiaries, or to any successor in interest of any business associated with the Staking Service.  In the event that we are 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, acquisition, sale, or other change of control.  You may not assign any rights granted under these Staking Disclosures.  Any attempted transfer or assignment by you in violation hereof will be null and void.  Subject to the foregoing, these Staking Disclosures will bind and inure to the benefit of the parties, their successors and permitted assigns.
   • Non-Waiver of Rights: These Staking Disclosures will not be construed to waive rights that cannot be waived under applicable laws, including applicable state money transmission laws in the state where you are located.  In addition, our failure to insist upon or enforce strict performance by you of any provision of these Staking Disclosures or to exercise any right under these Staking Disclosures will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.
   • Relationship of the Parties: Nothing in these Staking Disclosures is intended to or will create a partnership or joint venture between you, the Staking Provider, Digital Trust or BIRA or authorize any of us to act as an agent of each other.  Nothing in these Staking Disclosures, expressed or implied is intended to give rise to any obligations to third-party beneficiaries.

6. SUPPORT AND ASSISTANCE

We are committed to providing timely and effective support to ensure smooth transaction experiences.  If account owners experience issues with purchasing or selling digital assets, or if they need clarification regarding fees or policies, they can contact BitcoinIRA ’s support team for assistance.

Customer Support is available at 877-936-7175 or via email at [email protected].