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NFT Service Terms

Last Updated December 12, 2025

These terms (these “Terms”) apply where “Client” seeks to hold NFTs in its Custodial Account or as part of the Wallet Services. These Terms supplement, and do not otherwise modify or supersede the provisions of the Relevant Agreement. Capitalized terms will have the meaning set out herein or on the Relevant Agreement. All disclaimers of warranties, exclusions of damages, limitations of liability, and liability caps set forth in the Relevant Agreement apply fully, additionally, and cumulatively to the NFT Services. In the event of any conflict or inconsistency between these Terms and the Relevant Agreement regarding any disclaimer of warranties, exclusion of damages, limitation of liability, or liability cap, the more protective limitation, exclusion, or disclaimer in favor of the BitGo Entities will govern.

1. Definitions

“Affiliate” means, with respect to any Person, any other Person that directly or indirectly controls, is controlled by, or is under common control with such Person. “Control” means the direct or indirect ownership of more than 50% of the voting securities or voting interests of a Person, or the possession of the power to direct or cause the direction of the management and policies of a Person, whether through ownership of equity interests, or by contract. A Person will be deemed an Affiliate only for so long as such control exists

“BitGo Entity” means BitGo Bank & Trust, National Association; BitGo, Inc., or any of their Affiliate entities that provides Custodial Accounts or Wallet Services in the Client’s jurisdiction.

“Custodial Account” means a cold storage digital asset account established in the name of Client and maintained by a qualified BitGo Entity after Client has successfully completed all applicable KYC/AML onboarding requirements, which account is governed by a custodial services agreement between Client and such BitGo Entity and under which the BitGo Entity holds and controls the majority of the cryptographic keys required to authorize transactions from that account. 

“NFT” or  “Non-Fungible Token” means a unique, non-fungible cryptographic token recorded on a blockchain that (a) is associated with a specific identifier and metadata, (b) is capable of being owned, transferred, or otherwise controlled using a compatible digital wallet; and (c) complies with the ERC-721, ERC-1155, or other “non-fungible” token standard on Ethereum or another blockchain network.

“Person” means any natural person, corporation, partnership, limited liability company, trust, unincorporated organization, association, joint venture, governmental authority or agency, or any other legal or commercial entity or body.

“Relevant Agreement” means, as applicable, (a) the custodial services agreement between Client and a BitGo Entity pursuant to which such BitGo Entity provides Custodial Accounts to Client, or (b) any agreement between Client and a BitGo Entity governing the provision of Wallet Services to Client.

“Wallet Services” means a non-custodial or “hot” digital asset account where the Client holds and controls the majority of the cryptographic keys required to authorized transactions from that account.

2. NFT Services. Custodial Accounts and Wallet Services may be used to support certain NFTs (“NFT Services”). “Supported NFTs” shall mean the NFTs that the BitGo Entity elects to support, in its sole discretion, as part of its NFT Services. Without limiting the foregoing, the BitGo Entity may, in its sole discretion and at any time, add, suspend, or cease support for any NFT, NFT standard, NFT collection, or any NFT feature (including royalties, airdrops, or dynamic attributes), without liability to Client, subject only to any express retrieval or notice obligations set forth in the Relevant Agreement or these Terms. The Supported NFTs shall be deemed Digital Assets (as defined in the Relevant Agreement).

3. NFT Service Fees. NFT transactions will not result in transaction fees that are applied to outgoing transactions. The BitGo Entity reserves the right to change fees attributable to NFT Services (the “NFT Service Fee”) at any time. The BitGo Entity will provide Client with at least 30 days’ notice of any changes to the NFT Service Fee and Client will have the right to discontinue the use of NFT Services up to the day prior to the changes taking effect.

4. Acknowledgement of Risks. Client understands and agrees that: (a) no BitGo Entity  screens, evaluates, pre-vets, guarantees the functionality of, or provides assurance of any kind regarding any Supported NFT (or its underlying smart contract, NFT collection, or related price data from third parties); (b) no BitGo Entity shall be liable for any errant or unexpected behavior of a NFT smart contract; (c) specific protocols related to each NFT may differ and it is Client’s sole responsibility to be aware of, and consider the differences between, the various protocols and to send only Supported NFTs as part of the NFT Services; (d) Client’s continued use of NFTs may depend on elements beyond a BitGo Entity’s control, including applicable protocols; and (e) Client is solely responsible for complying with applicable laws in relation to its ownership and use of its NFT holdings. The BitGo Entity reserves the right to discontinue supporting any NFT due to legal, regulatory or reputational reasons (as determined by each BitGo Entity in its sole discretion), and on written notice to Client, Client agrees to promptly retrieve any such NFTs within thirty (30) days of such notice. Following the expiration of such thirty (30) day period, the applicable BitGo Entity may, without liability and in its commercially reasonable discretion, take such actions with respect to any such NFTs as it deems appropriate, including transferring them to an alternative address under Client’s control, returning them in a commercially reasonable manner, or, if transfer or return is not feasible, rendering them inaccessible.

5. Account Statements. For NFT Services provided through Custodial Accounts, each account statement will identify each Supported NFT in Client’s Custodial Account at the end of the period and set forth all transactions in Client’s account during that period. If necessary to value Supported NFTs, the relevant BitGo Entity will electronically obtain USD equivalent prices from digital asset market data providers or other sources, with amounts rounded up to the seventh decimal place to the right. Any such valuations or USD equivalent prices are provided for administrative and reporting purposes only, may be based on limited, third-party, or non-representative market data, and may not reflect actual or executable market value. No BitGo Entity guarantees the accuracy or timeliness of prices received, such prices do not constitute investment, tax, or financial advice, and no BitGo Entity owes any advisory duty to Client with respect to such valuations or prices.

6. Disclaimer; No Warranties. Client acknowledges and agrees that the NFT Services, and any interaction with or access to NFTs, NFT collections, smart contracts, protocols, and any related data, information made available in connection with the NFT Services, are provided on an “as is” and “as available” basis, with all faults, and without any representations or warranties of any kind, whether express, implied, statutory, or otherwise. Without limiting the foregoing, no BitGo Entity makes, and each BitGo Entity expressly disclaims, any and all warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, reliability, availability, security, or that the NFT Services or any NFT, NFT collection, smart contract, protocol, or related third-party service will function as intended, be uninterrupted, error-free, secure, or compatible with any particular protocol, wallet, or other service. No BitGo Entity has, and Client agrees that no BitGo Entity shall have, any responsibility or liability for the operation, security, availability, performance, or expected or actual behavior of any NFT smart contract, protocol, NFT collection, or related third-party service, or for any loss, corruption, or unavailability of any data associated therewith.

7. Intellectual Property. Client will indemnify, defend and hold harmless the BitGo Entities from and against any liabilities, damages, losses, costs and expenses, including but not limited to attorneys' fees and costs arising from a third party claim that any Supported NFT deposited in connection with Services, or BitGo Entity’s provision of the NFT Services in relation to a particular NFT, infringe any trademark, patent, copyright or other intellectual property right.

8. Sanctions. Client represents and agrees that (a) Client is not itself the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, or other relevant sanctions authority (collectively, “Sanctions”), is not located, organized or resident in a country or territory that is, or whose government is, the subject of Sanctions (including Crimea, Cuba, Iran, North Korea and Syria) (a “Sanctioned Country”), and is not owned or controlled by any Person that is the subject of Sanctions or located, organized or resident in a Sanctioned Country; (b) NFTs deposited or held in connection with the NFT Services are not sourced or obtained from, and Client will not use the NFT Services, or cause any NFTs deposited or held in connection with the NFT Services, to directly or indirectly violate, evade, or circumvent any applicable Sanctions, anti–money laundering, or anti-terrorism laws; (c) Client will conduct its own appropriate sanctions and anti–money laundering checks on counterparties from whom it acquires NFTs that are or will be deposited or held in connection with the NFT Services; (d) Client will promptly notify the BitGo Entities if Client, any relevant counterparty, or any NFT deposited or held in connection with the NFT Services becomes the subject of Sanctions or is otherwise blocked, frozen, or restricted under applicable Sanctions, anti–money laundering, or anti-terrorism laws; and (e) the BitGo Entities may, without liability to Client, freeze, block, reject, or refuse to process any NFT transaction or holding, and may suspend or terminate the NFT Services immediately, if they reasonably believe such action is necessary to comply with, or avoid violating, any applicable Sanctions, anti–money laundering, or anti-terrorism laws.