ALCHEMY TERMS OF SERVICE

1. WHO MAY USE THE SERVICES

1.1 Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract.

1.2 Authority. If you use the Services on behalf of a company or other entity, you represent you have authority to bind that entity, and ƒ?oyouƒ?? includes that entity.

1.3 Restricted Jurisdictions. You may not use the Services where prohibited by law or where Alchemy does not offer Services.

2. DEFINITIONS (SELECT)

ƒ?oExchangeƒ?? means any third-party crypto exchange, broker, venue, wallet provider, custodian, or similar service (e.g., where you hold assets and place trades).

ƒ?oAPI Credentialsƒ?? means API keys, secrets, tokens, passphrases, permissions, or other credentials enabling integration with Exchanges or third-party services.

ƒ?oManaged Portfolios / AMPƒ?? means any feature where portfolio configurations or model-driven trade strategies may be authored, shared, suggested, applied, or remotely managed without Alchemy taking custody of your crypto assets.

ƒ?oCryptoTreeƒ?? means a feature enabling recurring accumulation of a single asset and (optionally) automated sell/rebuy behavior within user-defined caps to seek growth of that asset over time.

ƒ?oCold Storage Transfer / VaultFlowƒ?? means features that may automate transfers from Exchanges to user-controlled deposit addresses (e.g., hardware wallets) using deposit/public addresses and user-defined rules (e.g., fixed amounts or profit transfers).

ƒ?oSandboxƒ?? means simulated, paper trading, demo funds, and testing features that do not necessarily reflect real market execution.

3. IMPORTANT CRYPTO RISK DISCLOSURE (READ CAREFULLY)

3.1 High Risk. Cryptocurrency trading and investing is highly speculative and involves substantial risk of loss, including the possible loss of all funds.

3.2 No Guarantees. Past performance, backtests, sample outputs, projected returns, or model results do not guarantee future results.

3.3 Market and Execution Risks. Real-world results may differ due to slippage, spread, liquidity, latency, exchange outages, chain congestion, forks, delistings, liquidations, forced margin events, and other market conditions.

3.4 You Are Responsible. You are solely responsible for all decisions, configurations, permissions, and outcomes, including trades, taxes, and compliance with applicable law.

3.5 Not FDIC/Not Insured. Crypto assets are not legal tender, are not bank deposits, and are not insured by FDIC or similar protections.

4. NO INVESTMENT ADVICE; EDUCATIONAL AND TOOLING PURPOSES

4.1 No Advice. The Services provide tools, automation, and information. Nothing in the Services constitutes (or should be construed as) investment advice, financial advice, trading advice, tax advice, legal advice, or a recommendation to buy/sell any asset.

4.2 No Fiduciary Duty. Alchemy does not act as your broker, advisor, agent, fiduciary, or custodian.

4.3 User Judgment Required. You must use your independent judgment and, if needed, consult licensed professionals.

5. SERVICE OVERVIEW; FEATURE-SPECIFIC ACKNOWLEDGMENTS

5.1 Automation Features. You acknowledge that the Services may include automated and semi-automated features such as:

• algorithmic trading execution via Exchange APIs;
• portfolio rebalancing and strategy execution;
• ƒ?otop picks,ƒ?? model predictions, signals, alerts, and forecasting engines;
• AMP / Managed Portfolios where configurations may be created, shared, applied, and updated;
• CryptoTree recurring purchases and optional fluctuation-based sell/rebuy rules within caps;
• Cold Storage Transfer / VaultFlow rules that can automate movement of assets to user-provided deposit addresses;
• sandbox/paper trading.

5.2 No Guarantee of Correctness. Predictions, signals, rankings, ƒ?otop picks,ƒ?? and model outputs may be wrong, incomplete, delayed, or unavailable.

5.3 Third-Party Dependence. Execution relies on third parties (Exchanges, networks, ISPs, cloud providers). Outages and errors can occur.

5.4 Risk of Misconfiguration. Incorrect settings can cause undesired trades, losses, missed opportunities, unexpected fees, transfer mistakes, and irreversible outcomes.

5.5 Irreversible Transfers. Crypto transfers are often irreversible. If you provide an incorrect address (including for cold storage), funds may be unrecoverable.

6. ACCOUNTS, REGISTRATION, AND SECURITY

6.1 Account Creation. You may need to create an account and provide accurate information.

6.2 Account Security. You are responsible for safeguarding credentials, MFA devices, recovery codes, and access to the Box.

6.3 API Credentials. You are solely responsible for generating, storing, revoking, and scoping API Credentials. You agree to use least privilege permissions (e.g., disable withdrawal permissions unless explicitly required by your chosen functionality).

6.4 Unauthorized Use. You must notify us immediately of suspected unauthorized access. We are not responsible for losses arising from compromised credentials, devices, SIM swaps, phishing, malware, or user error.

6.5 Local Environment Responsibility. If the Box or Software runs on or connects to your local network, you are responsible for securing your routers, Wi-Fi, endpoints, and internal network.

7. HARDWARE (THE ƒ?oBOXƒ??) TERMS

7.1 Ownership and License. You own the physical Box you purchased. The firmware and software on or associated with the Box is licensed, not sold, and remains Alchemy intellectual property (subject to Section 12).

7.2 Proper Use. You agree to operate the Box only as intended, including using appropriate power supplies, environmental conditions, and network connectivity.

7.3 No Safety-Critical Use. The Box is not designed for safety-critical systems.

7.4 No Tampering. You may not reverse engineer, decompile, bypass security, modify firmware, or interfere with secure elements, if any, except where such restriction is prohibited by law.

7.5 Connectivity. Some features require persistent internet access. Interruptions may cause delays, missed trades, partial execution, or inconsistent states.

7.6 Updates. Alchemy may provide firmware/software updates that you must install to maintain security and compatibility. Refusal may limit functionality.

7.7 Lost or Stolen Box. You are responsible for securing and monitoring the Box. If it is lost or stolen, you are responsible for account protection steps (revoking API Credentials, changing passwords, etc.).

8. SUBSCRIPTIONS, FREE TIERS, AND BILLING

8.1 Plans. Alchemy may offer Free, trial, sandbox, and paid plans with varying limits (features, number of portfolios, engines, devices, exchanges, etc.). Plan details may change.

8.2 Billing. Paid subscriptions are billed in advance on a recurring basis unless stated otherwise.

8.3 Taxes. Prices may exclude taxes; you are responsible for applicable taxes, duties, and fees.

8.4 Auto-Renewal. Your subscription may auto-renew unless you cancel prior to renewal per your account settings.

8.5 Price Changes. We may change prices upon notice as required by law. Changes take effect at the next billing cycle unless otherwise stated.

8.6 No Refunds (Unless Required). Payments are non-refundable except where required by applicable law or expressly stated in writing by Alchemy.

8.7 Chargebacks. Unjustified chargebacks may result in suspension/termination and collections.

8.8 Sandbox. Sandbox/paper trading uses simulated funds and may not reflect real market conditions or execution.

9. TRIALS, PROMOTIONS, AND CREDITS

9.1 Promotions. Promotions may include discounts (e.g., Box discount, free first month) and may have eligibility requirements and expiration.

9.2 Abuse. We may revoke promotions or credits if we believe they are abused or obtained fraudulently.

10. THIRD-PARTY SERVICES AND EXCHANGES

10.1 Third-Party Terms. Your use of any Exchange or third-party service is governed by that third partyƒ?Ts terms.

10.2 No Responsibility for Third Parties. Alchemy is not responsible for third-party acts/omissions, including downtime, insolvency, hacks, freezing accounts, forced liquidations, or API changes.

10.3 API Limits/Changes. Exchanges may throttle, change, or discontinue APIs at any time. This may break features without liability to Alchemy.

11. USER CONDUCT; PROHIBITED ACTIVITIES

You agree you will not, and will not attempt to:

• 11.1 Illegal Use. Use the Services for illegal activities, including money laundering, sanctions violations, fraud, or prohibited financial activity.
• 11.2 Security Abuse. Probe, scan, pentest without permission, exploit vulnerabilities, introduce malware, or bypass access controls.
• 11.3 Interference. Disrupt the Services, overload infrastructure, or interfere with other users.
• 11.4 Reverse Engineering. Reverse engineer, decompile, disassemble, or derive source code except where permitted by law.
• 11.5 Circumvention. Circumvent plan limits, access controls, licensing, or security features.
• 11.6 Misrepresentation. Misrepresent identity, affiliation, or the provenance of funds.
• 11.7 Data Scraping. Scrape, harvest, or use automated means to extract data except via authorized APIs and written permission.
• 11.8 Resale/Timeshare. Resell access or operate a service bureau without written consent.

12. INTELLECTUAL PROPERTY

12.1 Alchemy IP. The Services, including software, firmware, designs, logos, UI, code, algorithms, and documentation, are owned by Alchemy and/or licensors and protected by IP laws.

12.2 License to You. Subject to these Terms, Alchemy grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal or internal business use.

12.3 Restrictions. You may not copy, modify, distribute, sell, lease, or create derivative works except as expressly permitted.

12.4 Feedback. If you provide suggestions or feedback, you grant Alchemy a perpetual, worldwide, royalty-free license to use it without compensation.

13. USER CONTENT AND DATA

13.1 Your Content. You retain ownership of content you submit (e.g., notes, portfolio names, configuration parameters).

13.2 License to Operate. You grant Alchemy a license to host, process, transmit, and display such content as necessary to provide the Services.

13.3 Configuration Responsibility. You are responsible for ensuring your configurations are accurate and lawful.

13.4 Analytics. We may generate aggregated and/or de-identified analytics from use of the Services (subject to our Privacy Policy).

14. PRIVACY

Our handling of personal data is described in the Alchemy Privacy Policy (ƒ?oPrivacy Policyƒ??), which is incorporated by reference. If there is a conflict, these Terms control regarding service use, and the Privacy Policy controls regarding personal data processing.

15. SECURITY; NO GUARANTEE

15.1 Reasonable Measures. We implement measures intended to help secure the Services.

15.2 No Absolute Security. You acknowledge that no system can be 100% secure and that breaches, hacks, and failures can occur.

15.3 User Security Duties. You must use strong passwords, MFA, device security, and safe credential handling.

15.4 Key Custody & Responsibility. You are responsible for your Exchange account security and any crypto private keys/wallet security. Alchemy does not custody private keys unless explicitly stated in a separate written agreement.

16. DISCLAIMERS

16.1 AS IS / AS AVAILABLE. THE SERVICES ARE PROVIDED ƒ?oAS ISƒ?? AND ƒ?oAS AVAILABLE,ƒ?? WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

16.2 NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALCHEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

16.3 NO GUARANTEE OF RESULTS. ALCHEMY DOES NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) OUTPUTS OR SIGNALS WILL BE ACCURATE OR TIMELY; OR (C) ANY STRATEGY WILL BE PROFITABLE.

16.4 NO WARRANTY FOR THIRD-PARTY DATA. Market data may be delayed, inaccurate, incomplete, or unavailable.

17. LIMITATION OF LIABILITY (VERY IMPORTANT)

17.1 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ALCHEMY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, AND LICENSORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

17.2 Trading & Financial Losses. WITHOUT LIMITING THE FOREGOING, ALCHEMY WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM OR RELATED TO:

• ANY CRYPTOCURRENCY OR FINANCIAL LOSSES, INCLUDING TRADING LOSSES, MISSED PROFITS, OR OPPORTUNITY COSTS;
• ERRORS, DELAYS, OR FAILURES IN ORDER EXECUTION;
• API LIMITS, API CHANGES, EXCHANGE OUTAGES, OR EXCHANGE HACKS/INSOLVENCY;
• USER MISCONFIGURATION, INCLUDING WRONG SYMBOLS, WRONG SIZING, WRONG TIMEFRAMES, OR WRONG TRANSFER ADDRESSES;
• USE OF AMP/MANAGED PORTFOLIOS OR THIRD-PARTY STRATEGIES OR CONFIGURATIONS;
• USE OF CRYPTOTREE OR ANY AUTOMATION RULES;
• USE OF COLD STORAGE TRANSFER / VAULTFLOW OR ANY AUTOMATED WITHDRAWAL/TRANSFER MECHANISMS (IF ENABLED), INCLUDING IRREVERSIBLE TRANSFERS;
• NETWORK ISSUES, POWER FAILURES, DEVICE FAILURES, OR LOCAL ENVIRONMENT ISSUES;
• SECURITY INCIDENTS OUTSIDE ALCHEMYƒ?TS CONTROL (PHISHING, MALWARE, SIM SWAPS, ROUTER COMPROMISE).

17.3 Maximum Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALCHEMYƒ?TS TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID ALCHEMY FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) US $100.

17.4 Basis of the Bargain. You acknowledge these limitations reflect risk allocation and form an essential basis of the agreement.

Some jurisdictions do not allow certain limitations; in such cases, the above applies to the maximum extent permitted.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Alchemy from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneysƒ?T fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any law or third-party rights; (d) your configurations, automation rules, or strategies; or (e) your content.

19. TERMINATION AND SUSPENSION

19.1 By You. You may stop using the Services at any time and cancel subscriptions per your account settings.

19.2 By Alchemy. We may suspend or terminate access immediately if we believe you violated these Terms, pose a risk, or if required by law.

19.3 Effect of Termination. Upon termination, your license ends. Some sections survive termination, including Sections 3, 4, 12, 16, 17, 18, 21ƒ?"24.

19.4 Data Deletion/Retention. We may delete or retain data consistent with our Privacy Policy and legal obligations.

20. SERVICE CHANGES; AVAILABILITY

20.1 Changes. We may modify, discontinue, or limit features at any time.

20.2 No Obligation to Maintain. We are not obligated to maintain any specific feature, integration, model, engine, or Exchange support.

21. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER (OPTIONAL BUT COMMON)

NOTE: This section is a template and should be reviewed by counsel for enforceability in your target jurisdictions.

21.1 Informal Resolution First. Before filing a claim, you agree to contact us at [support@alchemycrypto.com
] to attempt good-faith resolution.

21.2 Arbitration. Except for small claims court or injunctive relief for IP/security, any dispute shall be resolved by binding arbitration administered by [AAA/JAMS] under its rules.

21.3 No Class Actions. YOU AND ALCHEMY AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

21.4 Venue. Arbitration location: [County, State], or remote if allowed.

21.5 Opt-Out. You may opt out of arbitration within [30] days of accepting these Terms by emailing [legal@alchemycrypto.com
] with subject ƒ?oArbitration Opt-Out.ƒ??

(If you donƒ?Tt want arbitration, remove this entire section and replace with court jurisdiction/venue.)

22. GOVERNING LAW

These Terms are governed by the laws of [State of Florida], without regard to conflict of laws principles, except where preempted by federal law. (If you prefer Delaware or another state, replace this.) If arbitration is removed, you and Alchemy consent to exclusive jurisdiction and venue in state and federal courts located in [County, State].

23. CONTACT INFORMATION

Alchemy Crypto, Inc.

Attn: Legal / Support

[Street Address]

[City, State, ZIP, Country]

Email: [support@alchemycrypto.com
]

Email (Legal): [legal@alchemycrypto.com
]

24. MISCELLANEOUS

24.1 Entire Agreement. These Terms and any incorporated policies constitute the entire agreement regarding the Services.

24.2 Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary, and the rest remains in effect.

24.3 Assignment. You may not assign these Terms without our consent. We may assign them in connection with merger, acquisition, or sale of assets.

24.4 No Waiver. Failure to enforce a provision is not a waiver.

24.5 Force Majeure. We are not liable for delays or failures beyond reasonable control (e.g., natural disasters, power failures, internet outages, Exchange outages).

24.6 Notices. We may provide notices via the Services, email, or posting updates.

24.7 Changes to Terms. We may update these Terms. Material changes will be effective upon posting and/or notice as required by law. Continued use after the effective date constitutes acceptance.

24.8 Export Controls / Sanctions. You agree to comply with applicable export laws and sanctions programs.

24.9 Headings. Headings are for convenience only.

EXHIBIT A ƒ?" FEATURE-SPECIFIC TERMS (OPTIONAL BUT RECOMMENDED)

This Exhibit clarifies additional disclosures for certain features. It does not limit Sections 3, 16, or 17.

A1. Automated Trading

Execution depends on Exchanges and may be partially filled, rejected, delayed, or executed at unfavorable prices.

You are responsible for permissions and limits (e.g., max order size, slippage settings, portfolio constraints).

A2. AMP / Managed Portfolios

AMP may allow strategies, configurations, or model allocations to be authored by Alchemy, third parties, or other users (where enabled).

You remain solely responsible for enabling and applying strategies, and for ongoing monitoring.

Alchemy does not custody funds and does not guarantee performance.

A3. CryptoTree

Recurring buy schedules and sell/rebuy logic can increase trading frequency, fees, tax events, and loss risk.

Caps and parameters are your responsibility. Misconfiguration can cause undesired behavior.

A4. Cold Storage Transfer / VaultFlow

Transfers may be irreversible. Wrong addresses may result in permanent loss.

Exchange withdrawal fees, minimums, holds, travel rule policies, and compliance flags may apply.

If you enable any withdrawal or transfer automation, you assume all risks.

A5. Sandbox / Paper Trading

Results are simulated and may not reflect slippage, spread, latency, liquidity, fees, liquidation rules, or other real execution factors.