Terms & Conditions

Last updated: November 31, 2022

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING THE "CREATE ACCOUNT" BUTTON OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.

Summary of Terms of Service

This summary of our Terms of Service offers you an overview of the key terms that apply to your use of our website, trading and other services. While we hope this summary section is helpful, you should read the complete Terms of Service below since they provide important information about how our services work. Please note that we refer to our online service where you can execute trades and access our services as "Anytime Capital".

Anytime Capital provides you with a platform that matches your trades with open orders from other users of our services at your direction. Users are not able to predetermine a trade with a particular user or with a particular account. Additionally, an order may be partially filled or may be filled by multiple matching orders.

Our Services
Anytime Capital provides you with a simple and convenient way to trade legal tender (such as U.S. dollars and Euros) for digital assets (such as bitcoins and ripples) and vice versa, and to trade one type of digital asset for another type of digital asset. You may also use our Services to purchase and sell digital assets directly from and to us. Additionally, the range of services available to you will depend in part upon the country or U.S. state of which you are a resident and from which you access Anytime Capital.
Eligibility and Acceptable Use
You must meet certain eligibility criteria to use Anytime Capital. For instance, you must be an adult and there are certain locations from which you may not be able to use some or all of Anytime Capital. Additionally, there are certain things you cannot do when using Anytime Capital, such as engage in illegal activities, lie, or do anything that would cause damage to our services or systems. Please see the acceptable use section for more details.
Trading Risks
Engaging in any trade can be financially risky, and there can be higher financial risks if you engage in any margin transactions, use any other sophisticated trading options, or trade in digital assets that are subject to volatile market price movements. Please don't use Anytime Capital if you do not understand these risks and enter into trades only when you understand the trading option you are using, the characteristics of the digital asset you intend to trade, and the potential financial risk of loss trading them entails.
Other Important Legal Terms
There are important legal terms provided below in the complete Terms of Service, including your indemnification responsibilities, our limitation of liability and warranty disclaimers, and your agreement to arbitrate most disputes. Please take the time to read these terms carefully. You can always contact us through support if you have any questions at https://www.anytime-capital.com/atlanta.

Complete Terms of Service
These Terms of Service and any terms expressly incorporated herein ("Terms") apply to your access to and use of the websites and mobile applications provided by Anytime Capital LLC and its wholly owned subsidiaries (collectively, "Anytime Capital", "Anytime Capital", "we", or "us"), and the trading, direct sale, staking and other services provided by Anytime Capital as described in these Terms. (collectively, our "Services").

Our products and services are provided through local operating entities that are subsidiaries of Anytime Capital LLC Except as provided in Annex B for the Parachain Slot Auction Services, Annex C for the On-Chain Staking Services and Annex D for the Off-chain Staking Program (as defined therein), your sole and exclusive counterparty to these Terms is as follows:

If you reside in the United States - Anytime Capital LLC , 2549 Piedmont Rd Ne, Suite 110, Atlanta, GA 30324, USA

If you reside in any other country not set forth in 1.1-1.4 above (other than Japan, in which case, you have been provided with a separate terms of service that is applicable to you) - Anytime Capital LLC, 2549 Piedmont Rd Ne, Suite 110, Atlanta, GA 30324, USA

Key Definitions

Capitalized terms not otherwise defined in these Terms will have the following meaning:

"External Account" means any Financial Account or Digital Asset Account: (i) from which you may load Funds into your Anytime Capital Account, and (ii) to which you may transfer Funds from your Anytime Capital Account.
"Financial Account" means any financial account of which you are the beneficial owner that is maintained by a third party outside of the Services, including, but not limited to third-party payment service accounts or accounts maintained by third party financial institutions.
"Funds" means Digital Asset and/or Legal Tender.
"Legal Tender" means any national currency, such as U.S. dollars, that may be used in connection with a purchase or sale of Digital Assets via the Services, and does not include any Digital Asset.
"Anytime Capital Account" means a user account accessible via the Services where Funds may be stored by Anytime Capital on behalf of a user.
"Digital Asset" means bitcoins, ripples and other digital assets that may be purchased, sold or traded via the Services.
"Digital Asset Account" means any Digital Asset address or account owned, controlled or operated by you that is maintained outside of the Services, and is not owned, controlled or operated by Anytime Capital.

Eligibility
Anytime Capital may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain U.S. states or foreign jurisdictions ("Restricted Locations"). If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.

You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in the U.S.); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or (ii) any country to which the United States has embargoed goods or services; (e) are not identified as a "Specially Designated National;" (f) are not placed on the Commerce Department’s Denied Persons List; (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms; and (h) meet all eligibility requirements for the Services at the time of using any Services.

Anytime Capital may condition your access or continued access to certain Services (or features of those Services), such as by imposing eligibility requirements. Anytime Capital will keep you informed of these on its website. Anytime Capital may require, on an ongoing basis, that you demonstrate to us that you continue to meet these requirements. Anytime Capital’s decisions with respect to eligibility are final.
Anytime Capital Account
1. Number of Anytime Capital Accounts. Anytime Capital may, in its sole discretion, limit the number of Anytime Capital Accounts that you may hold, maintain or acquire.
2. Anytime Capital Account information and security. In order to engage in any trades via the Services, you must create an Anytime Capital Account and provide any requested information. When you create a Anytime Capital Account, you agree to: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your Anytime Capital Account information; (d) maintain the security of your Anytime Capital Account by protecting your password and restricting access to your Anytime Capital Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Anytime Capital Account; and (f) take responsibility for all activities that occur under your Anytime Capital Account and accept all risks of any authorized or unauthorized access to your Anytime Capital Account, to the maximum extent permitted by law.
Privacy Notice
Please refer to our Privacy Notice for information about how we collect, use and share your information.
General Obligations
This Section 5 applies to: (i) all trades completed via the Services, (ii) your purchase and/or sale of Digital Assets directly from Anytime Capital via the Services, and (iii) any transaction in which you load Funds into your Anytime Capital Account from your External Account or transfer Funds from your Anytime Capital Account into an External Account.
1. Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any trade submitted via the Services, impose limits on the trade amount permitted via the Services or impose any other conditions or restrictions upon your use of the Services for funding your Anytime Capital Account or for trading without prior notice. For example, we may limit the number of open orders that you may establish via the Services or we may restrict trades from certain locations.
2. Accuracy of Information. You must provide any information required when creating a Anytime Capital Account or when prompted by any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete.
3. Cancellations. You may only cancel an order initiated via the Services if such cancellation occurs before Anytime Capital executes the transaction. Once your order has been executed, you may not change, withdraw or cancel your authorization for Anytime Capital to complete such transaction. If an order has been partially filled, you may cancel the unfilled remainder unless the order relates to a market trade. We reserve the right to refuse any cancellation request associated with a market order once you have submitted such order. In contrast to exchange orders, all trades are irreversible once initiated. While we may, at our sole discretion, reverse a trade under certain extraordinary conditions, a customer does not have a right to a reversal of a trade.
4. Insufficient Funds. If you have an insufficient amount of Funds in your Anytime Capital Account to complete an order via the Services, we may cancel the entire order or may fulfill a partial order using the amount of Funds currently available in your Anytime Capital Account, less any fees owed to Anytime Capital in connection with our execution of the trade (as described in Section 10).
5. Taxes. It is your responsibility to determine what, if any, taxes apply to the trades you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Anytime Capital is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades.
Anytime Capital Account Funds
1. Funding your Anytime Capital Account. In order to complete an order or trade via the Services (as described in Section 7), you must first load Funds to your Anytime Capital Account using one of the approved External Accounts identified via the Services. You may be required to verify that you control the External Account that you use to load Funds to your Anytime Capital Account. As further described in Section 10, you may be charged fees by the External Account you use to fund your Anytime Capital Account. Anytime Capital is not responsible for any External Account fees or for the management and security of any External Account, see 10.2. You are solely responsible for your use of any External Account, and you agree to comply with all terms and conditions applicable to any External Account. The timing associated with a load transaction will depend in part upon the performance of third parties responsible for maintaining the applicable External Account, and Anytime Capital makes no guarantee regarding the amount of time it may take to load Funds into your Anytime Capital Account.
  About Funds Held In Your Anytime Capital Account - Be advised that fiat funds held in your Anytime Capital account are exclusively for the purchase of Digital Assets to your approved External Account. Proceeds from the sale of Digital Assets will be credited to your fiat account, less any transactional or other fees. Furthermore, be advised that Anytime Capital does not pay interest on free fiat balances held in your account.
  Digital Assets Only Accounts - If you have opened a Anytime Capital Account designated as Digital Assets Only, you may only fund your account with digital assets. Anytime Capital will not accept fiat to fund a Digital Assets Only Account. If fiat is transmitted to fund such an account, it will be returned to the sender, less applicable transfer fees.
2. Transferring Funds to an External Account. Provided that the balance of Funds in your Anytime Capital Account is greater than any minimum balance requirements needed to satisfy any of your open positions, and subject to the restrictions set forth in Section 7.8, you may transfer any amount of Funds, up to the total amount of Funds in your Anytime Capital Account in excess of such minimum balance requirements, from your Anytime Capital Account to an External Account, less any fees charged by Anytime Capital for such transactions (as described in the Fee Schedule at the time of your request to transfer Funds to an External Account). New users are subject to cryptocurrency holds up to 180 days.*
3. Load/Transfer Authorization. When you request that we load Funds into your Anytime Capital Account from your External Account or request that we transfer Funds to your External Account from your Anytime Capital Account, you authorize Anytime Capital to execute such transaction via the Services.
4. Rejected Transactions. In some cases, the External Account may reject your Funds or may otherwise be unavailable to receive your Funds. You agree that you will not hold Anytime Capital liable for any damages resulting from such rejected transactions.
5. L2 Funding Services. For certain Digital Assets (such as bitcoin), Anytime Capital may facilitate your ability to use a “Layer 2” network (such as the Lightning Network) to deposit such Digital Assets to your Anytime Capital Account and/or withdraw such Digital Assets to an External Account (the “L2 Funding Services”). Without limiting the generality of the remainder of this Section 6, you acknowledge and agree that:
  1. Your use of the L2 Funding Services must comply with the relevant instructions provided to you through the Services. If Anytime Capital cannot complete your transaction for any reason (such as the failure to respond to an order exceeding the minimum or maximum order size), your request to use the L2 Funding Services may be rejected or delayed without liability to Anytime Capital;
  2. Anytime Capital does not own or control, makes no representations or warranties regarding, and shall incur no liability arising out of or in connection with the performance, cost, availability or functionality of any Layer 2 network you use in connection with the L2 Funding Services. For example, you acknowledge and agree that, depending on the Layer 2 network, you may be unable to transfer Digital Assets you withdraw to an External Account using the L2 Funding Services back to the base “Layer 1” network (such as the underlying Bitcoin protocol) within a particular period or time, at a particular cost or, in the case of a network malfunction, exploit, Force Majeure event or other mitigating circumstances, at all; Anytime Capital shall bear no liability to you or any other party in this instance; and
  3. Layer 2 networks are experimental in nature and present risks associated with using novel distributed ledger technology-based networks, including, but not limited to, vulnerabilities in or unanticipated changes to the applicable Layer 2 network. Anytime Capital will not be responsible for any harm occurring as a result of or related to such risks.
6. Forks and Airdrops. You remain the lawful and beneficial owner of any Funds in your Anytime Capital Account and the beneficial owner of additional assets resulting from any applicable (i) network fork that is supported by Anytime Capital and (ii) airdrop or similar distribution of Digital Assets that is supported by Anytime Capital; provided, that Anytime Capital retains sole discretion and has no obligation to support any particular forks, airdrops or similar distribution and such support remains in all instances subject to the Terms.

6. Exchange Orders and Trades

This Section applies only when you use the Services to trade Digital Assets for Legal Tender or vice versa, or to trade Digital Assets for another form of Digital Assets.

Authorization. When you submit a new order via the Services, you authorize Anytime Capital to execute a transaction in accordance with such order on a spot basis and charge you any applicable fees (as described in Section 10).
Independent relationship. You acknowledge and agree that: (a) Anytime Capital is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication or information provided to you by Anytime Capital shall be considered or construed as advice.
Trade confirmation. Once the Services execute your trade, a confirmation will be electronically made available via the Services detailing the particulars of the trade. You acknowledge and agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such trade.
Trade options. Please refer to the Trading Guide, for information about the terminology used in connection with the trading options made available via the Services. If you do not understand the meaning of any trade option, we strongly encourage you not to utilize any of those options.
Market rates. If you select a market trade, Anytime Capital will attempt, on a commercially reasonable basis, to execute the trade on or close to the prevailing market exchange rate, as defined via the Services. You acknowledge and agree that the exchange rate information made available via our Services may differ from prevailing exchange rates made available via other sources outside of the Services.
Market volatility. Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any Digital Assets or Legal Tender, the actual market rate at which a market order or trade is executed may be different from the prevailing rate indicated via the Services at the time of your order or trade. You understand that we are not liable for any such price fluctuations. In the event of a market disruption or Force Majeure event (as defined in Section 24), Anytime Capital may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services, including closing any open positions. Following any such event, when trading resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
Trade Settlement. Subject to the terms and conditions in these Terms, we will use commercially reasonable efforts to settle trades on a spot basis within two (2) days of the date upon which users have agreed to execute a trade via the Services.
Risk Disclosure
1. Trading risks. You acknowledge and agree that you shall access and use the Services at your own risk. The risk of loss in trading Digital Asset pairs and Digital Asset and Legal Tender pairs can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. You should be aware of the following points:
  1. You may sustain a total loss of the Funds in your Anytime Capital Account, and, in some cases, you may incur losses beyond such Funds.
  2. Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit or there is insufficient liquidity in the market.
  3. Placing contingent orders, such as "stop-loss" or "stop-limit" orders, will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders.
  4. All Digital Asset positions involve risk, and a "spread" position may not be less risky than an outright "long" or "short" position.
    
    ALL OF THE POINTS NOTED ABOVE APPLY TO ALL DIGITAL ASSET PAIR AND DIGITAL ASSET AND LEGAL TENDER PAIR TRADING. THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS ASSOCIATED WITH THESE TRADES.
2. Internet transmission risks. You acknowledge that there are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that Anytime Capital shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading via the Services, however caused.
Digital Asset Terms of Sale
This Section applies only when you use the Services to purchase or sell Digital Assets directly from Anytime Capital, a service available in limited jurisdictions only.
1. Prices; Availability. All prices reflect the exchange rates applicable to the purchase or sale of Digital Assets using the Legal Tender or alternative form of Digital Assets identified in your purchase order. All Digital Asset sales and purchases by Anytime Capital are subject to availability, and we reserve the right to discontinue the sale and purchase of Digital Assets without notice.
2. Purchase Quotes. Prior to completing your purchase or sale of Digital Assets from Anytime Capital, we will provide notice of the amount of Digital Assets you intend to purchase or sell and the amount of Funds you will be required to pay to Anytime Capital to receive such Digital Assets or Legal Tender. You agree to comply with any terms and conditions provided within such notice to complete your purchase transaction.
3. Errors. In the event of an error, whether via our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your purchase order and obtain a refund of any amount charged.
4. Payment Method. Only valid payment methods specified by us may be used to purchase Digital Assets. By placing an order to purchase Digital Assets from Anytime Capital, you represent and warrant that (a) you are authorized to use the designated payment method and (b) you authorize us, or our payment processor, to charge your designated payment method. If the payment method you designate cannot be verified, is invalid or is otherwise not acceptable, your purchase order may be suspended or cancelled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase order.
5. No Returns or Refunds. All sales and purchases of Digital Assets by Anytime Capital via the Services are final. We do not accept any returns or provide refunds for your purchase of Digital Assets from Anytime Capital, except as otherwise provided in these Terms.
Fees
1. Amount of Fees. You agree to pay Anytime Capital the fees for trades completed via our Services ("Fees"), which we may change from time to time. Anytime Capital only charges a fee for the purchase/sale of cryptocurrency. We do not charge account fees or service fees. Changes to the Fee Schedule are effective as of the effective date indicated in the posting of the revised Fee Schedule to the Services, and will apply prospectively to any trades that take place following the effective date of such revised Fee Schedule.
2. Fee Schedule -
  BUY: 5% on all fiat-to-crypto purchases.
  SELL: 5% on all crypto-to-fiat purchases.
  *Discounts may be provided upon request.
1. Third-Party Fees. In addition to the Fees, your External Account may impose fees in connection with your use of your designated External Account via the Services. Any fees imposed by your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.
2. Payment of Fees. You authorize us, or our designated payment processor, to charge or deduct your Anytime Capital Account Funds for any applicable Fees owed in connection with trades you complete via the Services.
3. Collection-Related Costs. If you fail to pay Fees or any other amounts owed to Anytime Capital under these Terms and Anytime Capital refers your account(s) to a third party for collection, then Anytime Capital will charge you the lesser of an 18% collection fee or the maximum percentage permitted by applicable law, to cover Anytime Capital's collection-related costs.
Electronic Notices
1. Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices, tax forms (e.g. all forms of IRS Form 1099, including 1099-MISC, 1099-B, 1099-K, 1099-INT, 1099-NEC), and disclosures (collectively, "Communications") that Anytime Capital provides in connection with your Anytime Capital Account and/or use of the Anytime Capital Services. You agree that Anytime Capital may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier's normal, messaging, data and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us through support https://www.anytime-capital.com/atlanta to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below).
2. Hardware and Software Requirements. In order to access and retain electronic Communications, you will need a computer with an Internet connection that has a current web browser with cookies enabled and 128-bit encryption. For certain Communications, such as tax forms we’ll need to send to you, you will also need software to view PDF files. You will also need to have a current and valid email address and mobile phone number on file with Anytime Capital and have sufficient storage space to save past Communications or an installed printer to print them.
3. Withdrawal of Consent. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support https://Anytime-Capital.com/Atlanta. If you decline or withdraw consent to receive electronic Communications, Anytime Capital may suspend or terminate your use of the Services. Additionally, any withdrawal of consent to receive electronic Communications shall act as your affirmation that your street address on file is current and up-to-date, and any Communications we are required to provide to you may be sent in paper form to that physical address subject to the terms of 11.4 below. Unsubscribe requests may take up to 10 business days to process from the date the request is received.
4. Requesting Paper Copies. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 30 days after the date we provided the Communication to you by contacting support https://www.anytime-capital.com/atlanta. In order for us to send paper copies to you, you must have a current street address on file with Anytime Capital. Any request for a paper copy of a Communication is limited to that individual piece of Communication and shall not affect your consent to receive all other Communications electronically, as set forth in section 11.1 above. Please note that Anytime Capital operates exclusively online and it is very burdensome for us to produce paper copies of Communications. Therefore, if you request paper copies, you understand and agree that Anytime Capital may charge you a processing fee, in the amount described in the Fee Schedule, for each page of Communication requested.
5. Updating Contact Information. It is your responsibility to keep your email address, mobile phone number, and street address on file with Anytime Capital up to date so that Anytime Capital can communicate with you electronically. You understand and agree that if Anytime Capital sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect or out of date, our ability to contact you at the email address and/or mobile phone number is blocked by your service provider, or you are otherwise unable to receive electronic Communications, Anytime Capital will be deemed to have provided the Communication to you whether or not you actually received the Communication. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Anytime Capital to your email address book so that you will be able to receive the Communications we send to you. You can update your email address, mobile phone number or street address at any time by logging into your Anytime Capital Account or by sending such information to support https://www.anytime-capital.com/atlanta. If your email address or mobile phone number becomes invalid such that electronic Communications sent to you by Anytime Capital are returned, Anytime Capital may deem your account to be inactive, and you may not be able to complete any transaction via our Services until we receive a valid, working email address or mobile phone number from you.
Unclaimed Property
If for any reason Anytime Capital is holding Funds in your Anytime Capital Account on your behalf, and Anytime Capital is unable to return your Funds to your designated External Account after a period of inactivity, then Anytime Capital may report and remit such Funds in accordance with applicable state unclaimed property laws.
Acceptable Use
When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
1. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
2. Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
3. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
4. Use or attempt to use another user's account without authorization;
5. Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
6. Develop any third-party applications that interact with our Services without our prior written consent;
7. Provide false, inaccurate, or misleading information; and
8. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
Feedback
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Anytime Capital or our Services that you provide, whether by email, posting through our Services or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of Anytime Capital. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
Copyrights and Other Intellectual Property Rights
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Anytime Capital or Anytime Capital logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Anytime Capital Materials") are the proprietary property of Anytime Capital or our licensors or suppliers and are protected by U.S. and international copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Anytime Capital Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the Anytime Capital Materials; (b) the distribution, public performance or public display of any Anytime Capital Materials; (c) modifying or otherwise making any derivative uses of the Anytime Capital Materials, or any portion thereof; or (d) any use of the Anytime Capital Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
Trademarks
"Anytime Capital," "Anytime Capital," the Anytime Capital logo, the Anytime Capital logo and any other Anytime Capital product or service names, logos or slogans that may appear on our Services are trademarks of Anytime Capital, in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of Anytime Capital without our prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product or service name of Anytime Capital. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Anytime Capital and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
Third-Party Content
In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links ("Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
Suspension; Termination
In the event of any Force Majeure Event (as defined in Section 24.5), breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for Anytime Capital, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Anytime Capital Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, Anytime Capital will attempt to return any Funds stored in your Anytime Capital Account not otherwise owed to Anytime Capital, unless Anytime Capital believes you have committed fraud, negligence or other misconduct.
Discontinuance of Services
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
Limitation of Liability
(a) EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL Anytime Capital, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE Anytime Capital MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM Anytime Capital, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Anytime Capital'S RECORDS, PROGRAMS OR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Anytime Capital (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, Anytime Capital OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO Anytime Capital DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
Indemnity
You agree to defend, indemnify and hold harmless Anytime Capital (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
Applicable Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Anytime Capital agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Anytime Capital agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Anytime Capital shall be sent to members@anytime-capital.com. You and Anytime Capital further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Atlanta, Georgia; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in Atlanta, Georgia have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of Georgia and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Anytime Capital will not commence against the other a class action, class arbitration or representative action or proceeding.
Miscellaneous
1. Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Anytime Capital for the Services or for any other Anytime Capital product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Anytime Capital, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
2. Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion, by posting the amended Terms via the applicable Anytime Capital websites and mobile applications or by communicating these changes through any written or other contact method we have established with you and updating the "Last Updated" date at the top of these Terms. The amended Terms will be effective immediately thereafter and your use of the Services following the date on which such amended Terms are published will constitute consent to such amendments.
3. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
4. Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
5. Force Majeure Events. Anytime Capital shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Anytime Capital's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Anytime Capital's reasonable control (each, a "Force Majeure Event").
6. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Anytime Capital, including by operation of law or in connection with any change of control. Anytime Capital may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
7. Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
8. Survival. Sections 2 (Eligibility), Section 3 (Anytime Capital Account), 8 (Risk Disclosure), 10 (Fees), 12 (Unclaimed Property), 14 (Feedback), 15 (Copyrights), 16 (Trademarks), 17 (Third-Party Content), 20 (Disclaimer of Warranties), 21 (Limitation of Liability); 22 (Indemnity), 23 (Applicable Law; Arbitration) and this Section 24 (Miscellaneous) shall survive any termination or expiration of these Terms.
Jurisdiction-specific Legal Disclosures
Anytime Capital maintains licenses and registrations in certain jurisdictions to provide you our Services. These licenses or registrations may impact our provision and your use of our services depending on where you live or are domiciled. Information regarding certain of Anytime Capital’s licenses and registrations, or lack thereof, and corresponding disclosures can be found on the Anytime Capital Legal Disclosures page, which is incorporated into these Terms by reference. By creating an Anytime Capital account, you acknowledge that you have read, understand and agree to those disclosures that are applicable to you.
Sanctions and Export Control
1. Unless authorized or exempt from regulation, the Services may not be used to deposit, withdraw or conduct trades or transactions in Assets or to engage in any other service by or with: (a) an entity or individual located, organized or resident in a sanctioned jurisdiction (currently, Crimea, Donetsk, Cuba, Iran, Luhansk, North Korea and Syria); (b) an entity or individual on the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List (“SDN List”) or Consolidated Non-SDN Lists available here, the United Nations (“UN”) Security Council Consolidated List available here, or regional or foreign government watchlists; or (c) an entity directly or indirectly owned or controlled by any person located, organized or resident in a sanctioned jurisdiction or any person listed on the SDN List, Consolidated Non-SDN Lists, the UN Security Council Consolidated List, or regional or foreign government watchlists.
2. Anytime Capital will hold, reject or block (as appropriate) any deposit, withdrawal, trade or transaction involving sanctioned jurisdictions or persons on the SDN List, Consolidated Non-SDN Lists, UN Security Council Consolidated List, or regional or foreign government watchlists or persons otherwise subject to sanctions. We reserve the right to lock, disable and/or close accounts under review for sanctions compliance violations.
3. By using Anytime Capital software, you represent and warrant that you are not located in an embargoed country or jurisdiction (currently, Crimea, Cuba, Donetsk, Iran, Luhansk, North Korea, Sudan and Syria) or on the Office of Foreign Assets Control’s SDN List or the U.S. Department of Commerce’s Entity List available here. You also agree that Anytime Capital software will not be used, exported, reexported or transferred for any purpose prohibited by U.S. or local export or import control laws and regulations.

Annex A

ADDENDUM: Instant Buy/Sell Services (“Instant Buy/Sell Addendum”)

1.1 General. Anytime Capital may make the Instant Buy/Sell Services to users that meet the eligibility criteria in the Terms of Service. Your use of the Instant Buy/Sell Services, confirms that you have read, understand, and accept all of the terms in this Instant Buy/Sell Addendum. This Instant Buy/Sell Addendum is subject to the terms and conditions, as they may be updated from time to time, set forth in the Terms of Service.

1.2 Instant Buy/Sell Services. You may use the Instant Buy/Sell Services to buy, sell, or convert between Digital Assets and/or Fiat Currency. Your use of the Instant Buy/Sell Services must comply with the relevant instructions on the Anytime Capital website. If Anytime Capital cannot complete your transaction for any reason (such as price movement, failure of the Anytime Capital Exchange to respond, or an order exceeding the minimum or maximum order size), Anytime Capital may reject the order and notify you of such rejection. Anytime Capital bears no liability for rejecting an Instant Buy/Sell transaction.

1.3 Transaction Price. You will be presented with a price valid only during a specific time period when initiating a transaction. Anytime Capital may cancel any transaction not confirmed by you within the time period.

1.4 Fees. Transactions using the Instant Buy/Sell Services are subject to fees. You are presented with the applicable fees before entering into the transaction. Your confirmation of the transaction constitutes agreement to pay all such applicable fees. You will not be charged any such fees in the unlikely event your transaction is rejected.

1.5 No Guarantee of Instant Buy/Sell Services. While Anytime Capital employs measures to ensure that the Instant Buy/Sell Services are accessible 24 hours a day and 7 days a week, Anytime Capital cannot guarantee uninterrupted or error-free operation of the Instant Buy/Sell Services or that Anytime Capital will correct all defects or prevent third-party disruptions or unauthorized third party access. Anytime Capital may at its sole discretion reject any pending transaction, whether confirmed by the user or not, in the event of such disruptions. Anytime Capital bears no liability for rejecting an Instant Buy/Sell transaction.

Annex B

ADDENDUM: ACH, Wire Transfer, & Credit Card Funding Methods (the “ACH and CC Addendum”)

1.1 "Verified External Account" means any account other than your Anytime Capital Account(s) of which you are the beneficial owner. This includes, but is not limited to, payment service accounts,deposit or checking accounts maintained by financial institutions, or Digital Asset Accounts, of which you are the owner. Verified External Accounts may be used to make deposits into your Anytime Capital Account, or to withdraw Funds from your Anytime Capital Account. Periodically, we may require you to verify that your account complies with any and all Anytime Capital AML/KYC requirements.

1.2 General. Anytime Capital may permit you to fund your Anytime Capital Account using ACH, wire transfer, and/or a credit card.Your funding of your Anytime Capital Account by ACH and/or credit card, confirms that you have read, understand, and accept all of the terms in this ACH and CC Addendum. This ACH and CC Addendum is subject to the terms and conditions, as they may be updated from time to time, set forth in the Terms of Service.

1.2 ACH Funding Method. You may fund your Anytime Capital Account from a Verified External Account using ACH. Your use of the ACH funding method must comply with any instructions presented to you on the Anytime Capital exchange. Your linked account will be debited when you initiate payment. Your Anytime Capital Account may not, however, reflect credit immediately after you initiate payment.

ACH transfers may be delayed. A contracted third party processor or Anytime Capital may reject the ACH transfer. Anytime Capital is not liable for any delayed or rejected ACH transfer. Funding by ACH is subject to all terms and conditions set forth by your financial institution, and you may incur fees that are charged by your financial institution in conjunction with such funding.

1.3 Credit Card Funding Method. You may fund your Anytime Capital Account from a Verified External Account using a credit card. Your use of the credit card funding method must comply with any instructions presented to you on the Anytime Capital exchange. Your credit card payments may be delayed, or rejected. Delay may occur from, among other things, payment processing timing issues; your credit card company, a third party processor or Anytime Capital may reject your credit card payment. It is your responsibility to monitor your Anytime Capital account in respect of credit card funding. Anytime Capital will not be liable to you for any losses, fees or charges in connection with use of the Credit Card Funding Method. Funding by credit card is, in addition to the terms set forth herein, subject to any applicable terms set forth in your credit card agreement, which may include fees charged by your credit card in conjunction with such funding.

You are liable for any credited amounts in case of a chargeback. If you have set up recurring payments, you irrevocably waive the right to obtain pre-notifications before payments are made. If payment is not possible (e.g., your credit card company declines or rejects the payment), or a chargeback occurs, you will bear any resulting costs (including the original chargeback amount) and you authorise Anytime Capital to execute the payment again at a later time. Each attempted execution is subject to the fees set forth in Section 10 of the Terms of Service. You authorize and grant Anytime Capital the right to deduct costs and fees directly from any assets in your Anytime Capital account without notice.

1.4 Withdrawals. Anytime Capital reserves the right to require that your Anytime Capital Account holds sufficient Funds to cover 1:1 any deposit using ACH or wire transfer for 120 days post deposit (“Unsecured Deposit Hold’). We may permit you to use such Funds to buy, sell, or trade, but you may not withdraw such Funds in cryptocurrency prior to the resolution of the Unsecured Deposit Hold.

Annex C

1. Rewards/Bonus.

(a) You may earn rewards/bonuses on Anytime Capital (“Rewards”). Rewards are not guaranteed and the rates and timing of Rewards may vary.

(b) Rewards, if any, will be paid to you by Anytime Capital, and shall be subject to tax withholding and reporting as required by applicable law.

(c) Reward rates will be determined in our sole discretion based on the type of reward, market conditions and risk factors.

(d) We may make available anticipated Reward rates and payment schedules from time to time on or through the Services (“Anticipated Rates”). Anticipated Rates are forward-looking statements that reflect current expectations regarding future events, involve significant risks and uncertainties, should not be read as guarantees of future performance or results and will not necessarily be accurate indications of whether or not such performance or results will be achieved. Forward-looking statements are in no way a form of advice, solicitation or offering of or for the Reward Program and should not be interpreted as such.

(e) All Rewards will be (i) paid to your Anytime Capital Account in an asset of our choosing, then (ii) automatically contributed to your account, whereupon they will be eligible to trade or withdraw. In this manner, Rewards may be described as “compounding.”

(f) Rewards will be calculated and paid with the decimal precision described in the Bonuses section on your dashboard, as may be updated by us from time to time in our sole discretion.