Beta Participation Addendum

This Beta Participation Addendum (this “Addendum”), as revised or modified from time to time in accordance with Section 13, is a legally binding agreement between you and dYdX Trading Inc. (“dYdX”) with respect to your participation in dYdX’s beta program (the “Beta Program”), pursuant to which you may access and use the beta software that dYdX made available (the “Beta Software”). This Addendum supplements dYdX’s Terms of Use (the “Terms"), and Privacy Policy (the "Privacy Policy”), in each case, to which you agree that you are bound and are a party, and the terms of which apply to this Addendum. Please review the Terms carefully to understand your rights and obligations, including with respect to governing law, arbitration, venue for dispute resolution and other dispute resolution matters, prohibited activities, indemnification, disclosures and disclaimers, limitations of liability, and exclusions of consequential damages and other claims.

Participating in the Beta Program or accessing or using the Beta Software indicates your acceptance of this Addendum, as well as the Terms and the Privacy Policy, and establishes a binding and executed written agreement between you and dYdX. If you do not accept this Addendum or the Terms, you may not participate in the Beta Program.

1. Beta Software.

• (a) The Beta Software provided to you through the Beta Program, or any service accessed through the Beta Software, is identified as pre-commercial, evaluation, “alpha” or “beta” software. Subject to your compliance to this Addendum and the Terms and all materials presented to you through the Beta Program, dYdX hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license (the “Beta Software License”) to install and use one (1) copy of the Beta Software each on a maximum of ten (10) personal mobile device that you own and control, in machine executable object code form only and solely for your personal, non-commercial use for the purposes of the Beta Program. The Beta Software License will apply only for the time period authorized by dYdX (the “Beta Period”) and solely to the extent necessary to enable you to test and provide Feedback (as defined below) to dYdX regarding the Beta Software. The Beta Software License will automatically terminate upon termination of this Addendum, including because of the expiration of the Beta Period, which period may be extended or terminated by dYdX at any time for any reason or no reason, in its sole discretion, but, unless you are in breach of this Addendum or the Terms, or this Addendum is terminated pursuant to Section 3, dYdX will, if feasible, use commercially reasonable efforts to provide you with prior notice of any change to the duration of the Beta Period, which may include posting notice within the webpages associated with the Beta Program. You will not, and will not permit any third party to, (i) copy the Beta Software or any portion thereof or (ii) use the Beta Software for any purpose except as expressly permitted under this Addendum or the Terms.

• (b) Notwithstanding the Beta Period, you acknowledge and agree that dYdX may include technical measures in the Beta Software that render them inoperable after a specified period of time and you agree that you will not, and will not attempt to, circumvent such technical measures.

• (c) In consideration of the grant of the Beta Software License, to the extent you provide dYdX with any ideas, suggestions or other feedback regarding the Beta Software (“Feedback”), you hereby assign to dYdX all right, title and interest (including all intellectual property rights) in and to such Feedback. You agree that you will provide dYdX with Feedback on Beta Software as dYdX reasonably requests, including ongoing feedback regarding bugs and faults experienced during the Beta Period, without any compensation or reimbursement of any kind from dYdX. dYdX may specifically request that you complete a survey related to a specific Beta Software, and you agree to complete any such surveys.

• (d) dYdX reserves the right to modify or discontinue, temporarily or permanently, the Beta Software or any product or service to which it connects, with or without notice and without liability to you. dYdX may at its sole discretion from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Beta Software or related services (“Updates”), and such Updates will also be subject to this Addendum. dYdX may develop Updates that require you to install such Updates before you continue to access or use the Beta Software or related services. Updates may also be automatically installed without providing any additional notice to you or receiving any additional consent from you. The manner in which Updates may be automatically downloaded and installed is determined by settings on your device and its operating system. dYdX and its licensors reserve all rights not expressly granted in this Addendum or the Terms.

2. Apple-Enabled Software.

With respect to Beta Software that is made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Addendum and the Terms, the following terms and conditions apply:

• dYdX and you acknowledge that this Addendum and the Terms are concluded only between dYdX and you, and not with Apple Inc. or its affiliates (collectively, “Apple”), and that as between dYdX and Apple, dYdX, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions (the “Usage Rules”).

• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules.

• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be dYdX’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

• dYdX and you acknowledge that dYdX, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

• In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between dYdX and Apple, dYdX, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

• You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

• You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, including your wireless data service agreement.

• dYdX and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Addendum and the Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Addendum and the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Addendum and the Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

• If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to dYdX as set forth in Section 8 below.

3. Termination.

Notwithstanding any other provision of this Addendum or the Terms, dYdX reserves the right to terminate this Addendum or your use of the dYdX protocol, limit or deny your access to or terminate your participation in the Beta Program in its sole discretion at any time without notice to you. In addition, this Addendum will automatically terminate upon expiration of the Beta Period. Upon termination of this Addendum or your use of the dYdX protocol, the rights granted herein immediately and automatically terminate, and you must immediately stop using the Beta Software and remove the Beta Software from all of your devices.

4. Severability.

If any provision of this Addendum is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of this Addendum or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, dYdX will in good faith modify this Addendum so as to effect the original intent of this Addendum as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

5. Entire Agreement.

This Addendum, together with the Terms and Privacy Policy, constitutes the sole and entire agreement of the parties with respect to the subject matter of this Addendum and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

6. Assignment.

dYdX may assign this Addendum or assign, subcontract, delegate, license or sublicense any or all of its rights and obligations hereunder. This Addendum (including the Beta Software License) is personal to you and cannot be assigned or transferred by you. Any attempted assignment or transfer in violation of this Section 6 will be null and void.

7. Interpretation.

Except to the extent otherwise provided or unless the context otherwise requires, for the purposes of this Addendum: (a) references made in this Addendum to a Section are references to a section of this Addendum; (b) the headings in this Addendum are for reference purposes only and do not affect in any way the meaning or interpretation of this Addendum; (c) whenever the words “include,” “includes” or “including” are used in this Addendum, they are deemed to be followed by the words “without limitation”; and (d) the use of “or” is not intended to be exclusive.

8. Communications.

You consent to receive all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”) that dYdX provides in connection with this Addendum electronically. You agree that dYdX may provide Communications to you by posting them on the Site (as defined in the Terms) or by emailing them to you at the email address you provide in connection with using the Services (as defined in the Terms), if any. You should maintain copies of Communications by printing a paper copy or saving an electronic copy. You may also contact dYdX with questions or complaints at legal@dydx.exchange.

9. No Equitable Remedies.

You will not be entitled by reason of any breach of this Addendum, and you will not seek, any equitable relief, whether injunctive or otherwise.

10. Other Remedies.

Any right or remedy of dYdX set forth in this Addendum or the Terms is in addition to, and not in lieu of, any other right or remedy whether described in this Addendum or the Terms, under applicable law, at law, or in equity. The failure or delay of dYdX in exercising any right, power or privilege under this Addendum or the Terms will not operate as a waiver thereof.

11. No Third-Party Beneficiaries.

You agree that, except as otherwise expressly provided in this Addendum or the Terms, there will be no third-party beneficiaries to the Addendum or the Terms other than the Indemnified Parties.

12. Conflicts.

In the event of a conflict between this Addendum and the Terms, the terms of this Addendum will govern to the extent of such conflict.

13. Modifications.

dYdX may revise or modify this Addendum at any time by posting the changes or the updated Addendum on the webpage on which it is displayed. Your continued use of the Beta Software after the date any such changes become effective constitutes your acceptance of the new terms of this Addendum.

14. Surviving Terms.

Section 1 (excluding the Beta Software License) and Section 3 through Section 14 and any other right or obligation of the parties in this Addendum that, by its nature, should survive termination, expiration or assignment of this Addendum, will survive any expiration, termination or assignment of this Addendum.