Terms and legal context
What the published terms say, who is publicly gathering claimants, what lawyers have said in public, and what this archive cannot determine. This is not legal advice.
Coinkite's published terms give it the option to require arbitration in Toronto and ask the purchaser to waive class proceedings. No court filing about this incident appears in the archive; what does appear is people gathering claimants, lawyers disagreeing in public about whether a claim could succeed, and Coinkite telling customers on 7 August that it has suspended its automatic customer-data deletion to preserve records for legal proceedings it does not name. The clause text, that organising activity, the published opinions and the notice are set out below.
This is a document register, not a legal opinion. Anyone considering a claim should obtain advice from a qualified lawyer in the relevant jurisdiction.
Coinkite's published Terms of Sale
The Terms of Sale page identifies itself as version 3.3, last revised 27 November 2024. This archive has captured it since 1 August 2026 and every poll since has returned the same terms; the only change recorded is to the site-wide advisory banner above them. The relevant provisions include:
| Clause | Published term |
|---|---|
| Warranty disclaimer | Section 16 describes products as sold on an "as-is" basis, subject to the maximum extent permitted by applicable law. |
| Liability cap | Section 18 states that aggregate liability is limited to direct damages not exceeding the product purchase price, again to the maximum extent permitted by applicable law. |
| Excluded damages | Section 18 excludes categories including consequential, incidental, indirect, special and punitive damages. |
| Arbitration | Section 22 gives Coinkite the option to require final and binding arbitration in Toronto under Ontario's Arbitration Act, 1991. |
| Proceeding period | Section 22 states that a proceeding brought by the purchaser must begin within one year of the event in question. |
| Class proceedings | Section 22 contains a waiver of commencing or participating in a class action and an agreement to opt out. |
| Governing law | Section 23 selects Ontario law and Toronto courts for matters not subject to arbitration. |
Section 22 runs its one-year period from the event that is the subject of the proceeding. This record cannot determine which event a court or arbitrator would treat as the relevant event in a particular matter. Anyone whose timing might matter should obtain legal advice rather than infer a date from this page.
What the public incident statement offers
In his 31 July statement, NVK said Coinkite would provide affected users with a written incident summary specific to their loss and transaction data it could share for a police report, insurance claim or investigation. He also said Coinkite was cooperating with on-chain investigators and any law enforcement agency that opens a case. R2 The statement does not say that it amends or waives the Terms of Sale.
Who is publicly organising claims
No court filing appears in this archive. What the captures do hold is organising: two open solicitations of affected owners, one stated litigation strategy, and the first published collection of legal opinion on whether a claim could succeed. Everyone in the table below is asking affected owners to come forward and has a business interest in their doing so. Recording what they published is not a recommendation of any of them.
| Who | What the capture shows |
|---|---|
| Thomas Braziel, 117 Partners | A 1 August post asking affected owners for their country, where the device was bought, the model, an approximate loss and contact details, to assess product liability and class or group litigation alongside asset-recovery efforts. |
| The same, 3 August | A strategy update leaning away from a class action and toward a private Canadian lawsuit by roughly 10 to 30 larger claimants. Product liability and negligence are named as the theories under review, and collectability rather than liability as "the larger question". Identifying any applicable insurance is listed as an early priority. |
| Stoltmann Law | A claimant-intake page published 31 July that self-labels as legal advertising. The scams record distinguishes its legal claim from the separate recovery-service warnings published during the incident. |
Collectability is not only the claimant side's question. On 7 August the COLDCARD account, replying to a user who had told it "You are going bankrupt you corrupt morons", posted: "Very likely we won't be around, but it doesn't mean we should keep trying to give ppl the best version of the firmware we possibly can." R4 This record does not read a solvency position out of one reply.
Reporting on 2 August collected the first named legal opinion on liability, and it divides. Cris Carrascosa of ATH21 said Coinkite had "zero regulatory responsibility over the funds of the users of its products" and that any action would be "terribly difficult to push through because it will have to be proven that Cold Card could have foreseen the hack". Ana Ojeda of Blend said that while "there is no automatic right for victims to get every sat back" there is "a credible legal basis to investigate responsibility". The same report describes a Brazilian owner filing a police report and intending a complaint in Brazil. R5 This archive does not weigh those views against each other.
Who represents claimants is itself disputed. A researcher has publicly urged affected owners away from Braziel, citing a Delaware court's findings in an earlier receivership; Braziel's own posts describe that matter differently. Both sides are held here, and neither is resolved by this record. R6
Public-record limits
The one held document in which Coinkite itself refers to legal proceedings is Update on Customer Data Retention, published on its blog and dated 7 August. The post describes the standard practice it is departing from: customer records blanked automatically after 120 days, with only email address and country of residence retained, and accelerated blanking available on request at any time after delivery. It then says that because of "legal obligations arising from the security incident, including the preservation of records that may be relevant to ongoing and anticipated legal proceedings", the automated blanking process is temporarily suspended and records that would otherwise have been blanked "will be retained until further notice". Customers who do not want their data preserved are asked to confirm that by emailing Coinkite's support address, which the post gives. The company states it is "required by law to preserve records that may be relevant to legal proceedings" and that it will resume its standard practice "as soon as we are legally permitted to do so". The same text was posted by the COLDCARD account the same day. R7 The notice names no proceeding, court, regulator or counterparty, so this record cannot say what "ongoing" refers to. It is the company's account of its own obligations, not a document from a proceeding.
This archive is not a court-docket, regulator or insurance database. It has not captured a public filing, regulator statement or insurer decision about this incident as of 15 August 2026, and the organising described above is at the stage of gathering claimants rather than of a commenced proceeding. The held captures likewise record no offer of a refund of a customer's losses, device replacement or other compensation, and no statement refusing one. U8 Both are archive statuses, not findings that no private, unpublished or newly filed matter exists.
Two later items sit close to that boundary without crossing it. An owner reported on 6 August that Coinkite confirmed the cancellation of their order by email and a refund reached their account as pending, after which the devices arrived regardless: an order-handling account, not a decision about compensating a loss. R9 And a Cointelegraph post of 7 August, relayed the same day onto BitcoinTalk, reports Coinkite as saying it is working on a post-mortem rather than estimating the extent of customer losses. The underlying Bloomberg article is not held here, so what the archive has is the relay rather than the statement. R10
Evidence on this page 10 items
- V1 Verified · contested
The arbitration, limitation, proceeding-period, class-waiver and governing-law terms summarised below
Source Coinkite Terms of Sale v3.3, held as a capture; the terms text is unchanged in every poll since 1 Aug 2026, and the single change recorded on the page, on 1 Aug 2026, was to the site-wide advisory banner above it
Evidence → captured 1 Aug 2026
- R2 Reported · contested
Coinkite's offers of incident summaries and cooperation with investigators
Source NVK statement, 31 Jul 2026, preserved as an X capture
Evidence → captured
- V3 Verified · contested
The existence and stated content of the solicitation and strategy items summarised below, not the merits of what they propose
Source Held captures of the 117 Partners posts of 1 and 3 Aug 2026 and the Stoltmann Law claimant page
Evidence → captured 4 Aug 2026
- R4 Reported · contested
That COLDCARD's account posted that the company will very likely not be around, and the exchange it replied to
Source COLDCARD post of 7 Aug 2026, held as an X capture; a one-line reply to an insult rather than a financial statement, and the archive holds no account of Coinkite's finances
Evidence → captured 7 Aug 2026
- R5 Reported · contested
The quoted legal opinions on Coinkite's liability and the reported Brazilian police report
Source Bitcoin.com News, 2 Aug 2026, held as a capture; the opinions are the speakers' own and concern a claim nobody had filed
Evidence → captured 5 Aug 2026
- R6 Reported · contested
The dispute over Braziel's earlier receivership and his suitability to represent claimants
Source L0laL33tz posts of 3 Aug 2026 and Braziel's own account of the same matter, all held as captures
Evidence → captured 4 Aug 2026
- R7 Reported · contested
Coinkite's account of its 120-day blanking practice, its suspension of automated blanking, the reason it gives and the exemption it offers
Source Coinkite blog post Update on Customer Data Retention, dated 7 Aug 2026 and held as a capture; the same text was posted by the COLDCARD account on 7 Aug 2026, and the blog index displayed the post as 6 August before the publisher retimestamped it to 7 August between two captures of that index
Evidence → captured 7 Aug 2026
- U8 Unverified · contested
Whether any public filing, regulator statement, insurer decision or loss-compensation offer existed by the stated cutoff
Source No such item appears in the captured source registry as of 15 August 2026; the absence rests on a bounded capture set rather than an exhaustive legal search
Evidence → captured
- R9 Reported · contested
One owner's account of a cancelled and refunded order that shipped regardless
Source r/coldcard post of 6 Aug 2026, held as a capture; the sequence is the poster's own account and concerns a purchase refund, not the incident losses
Evidence → captured 7 Aug 2026
- R10 Reported · contested
That Coinkite is reported as declining to estimate customer losses pending a post-mortem
Source Cointelegraph post of 7 Aug 2026 citing Bloomberg, and a BitcoinTalk post of the same day quoting the same report; the Bloomberg article itself is not captured here
Evidence → captured 7 Aug 2026