PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING THE "CREATE ACCOUNT" BUTTON OR BY ACCESSING OR USING OUR SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
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 is a U.S.-based financial technology platform offering modern money and digital financial services to individuals and businesses. The Anytime Capital Mastercard® Prepaid Card is a pre-paid reloadable debit card issued by Pathward®, N.A., Member FDIC. Pathward N.A. will approve and handle compliance for your account, and verification of your identity is required before opening an account. For full Pathward terms, see the Pathward Cardholder Agreement.
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.
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 the governing law and exclusive venue provisions under which any dispute must be brought in Fulton County, Georgia. 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.
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 and its wholly owned subsidiaries (collectively, "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"). Anytime Capital, 2549 Piedmont Rd NE, Suite 110, Atlanta, GA 30324, USA.
For our refund policy, please refer to page 4.
Capitalized terms not otherwise defined in these Terms will have the following meaning:
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 may, in its sole discretion, limit the number of Anytime Capital Accounts that you may hold, maintain or acquire.
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.
The Anytime Capital Mastercard® Prepaid Card is a pre-paid reloadable debit card issued by Pathward®, N.A., Member FDIC. Pathward N.A. approves accounts and handles compliance, including verification of your identity prior to account opening. Cards and accounts are issued and serviced under the Anytime Capital brand. Full Pathward terms, fees, and disclosures are available in the Pathward Cardholder Agreement.
The Anytime Capital Mastercard® Prepaid Card is issued by Pathward, N.A. The following summary highlights certain fees and terms from the Pathward Cardholder Agreement. This is not a complete list — please review the full agreement at gocardservices.com.
All fees, limits, and terms are governed by the Pathward Cardholder Agreement and may change from time to time. The Pathward Cardholder Agreement controls in the event of any conflict with this summary.
Please refer to our Privacy Notice for information about how we collect, use and share your information.
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.
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.
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.
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 holds up to 180 days.*
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.
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.
For certain Digital Assets, 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:
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.
When you submit a new order, 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).
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.
Once Anytime Capital executes your order, a confirmation will be electronically made available 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.
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.
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.
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.
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.
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.
Only valid payment methods specified by us at time of sale 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.
All sales and purchases with Anytime Capital are final. We do not offer refunds or accept returns under any circumstances, unless otherwise explicitly stated in writing. Once your financial transaction has been processed, our responsibility ends. We are not liable for any loss, theft, scam, or misuse of funds after successful delivery. If you are scammed or defrauded after purchasing from us, you agree that Anytime Capital is not responsible in any way. Our transaction with you is complete and separate from anything you do afterward.
Chargebacks and Fraudulent Payment Disputes. Because Digital Assets are delivered irrevocably upon completion of a transaction, you acknowledge and agree that no legitimate basis exists for the reversal of a completed transaction. You agree that you shall not initiate, file, or pursue any chargeback, payment reversal, dispute, or claim with your card issuer, bank, payment processor, or any other financial institution with respect to any transaction that has been processed and fulfilled by Anytime Capital (a "Chargeback") without first submitting a written dispute to Anytime Capital and affording Anytime Capital a reasonable opportunity to investigate and resolve the matter. Any Chargeback initiated in violation of this Section, or initiated on the basis of any false, misleading, or fraudulent representation to a financial institution, constitutes a material breach of these Terms.
Your chargeback of a completed transaction is against the law and is a criminal act.
The initiation of a Chargeback with respect to a transaction that Anytime Capital has processed and fulfilled, with the intent to retain the Digital Assets delivered while recovering the payment made therefor, is unlawful and constitutes theft by deception and fraud under applicable federal and state law, including, without limitation, wire fraud under 18 U.S.C. § 1343, bank fraud under 18 U.S.C. § 1344, and theft by deception under O.C.G.A. § 16-8-3. Anytime Capital will report such conduct to law enforcement and regulatory authorities, will cooperate fully in any resulting investigation and prosecution, and will pursue all available criminal and civil remedies against the responsible party.
Liability for Chargeback Amounts; Interest. In the event of any Chargeback, you shall be liable to Anytime Capital for, and agree to pay upon demand, (a) the full amount of the transaction subject to the Chargeback; (b) any fees, penalties, or assessments imposed upon Anytime Capital by any card network, acquiring bank, or payment processor in connection with the Chargeback; and (c) all other losses, damages, and costs incurred by Anytime Capital as a result thereof (collectively, the "Chargeback Amount"). The Chargeback Amount shall bear interest at the rate of eighteen percent (18%) per annum, or the maximum rate permitted by applicable law, whichever is less, accruing from the date on which the Chargeback is initiated until the Chargeback Amount is paid in full. You further authorize Anytime Capital to set off and apply any Funds or Digital Assets held in your Anytime Capital Account against any unpaid Chargeback Amount.
Attorneys' Fees and Costs. If Anytime Capital retains legal counsel or initiates any action or proceeding to recover a Chargeback Amount or otherwise to enforce this Section, you shall reimburse Anytime Capital for all reasonable attorneys' fees, court costs, collection costs, and other expenses of enforcement, whether or not litigation is commenced, and including any such fees and costs incurred on appeal or in the enforcement of any judgment.
Exclusive Venue. Any action, suit, or proceeding arising out of or relating to a Chargeback, or to any actual or alleged fraud in connection with the Services, shall be brought exclusively in the state or federal courts located in Fulton County, Georgia, in accordance with Section 16 (Governing Law, Jurisdiction, and Venue) of these Terms, and you irrevocably consent to the personal jurisdiction of such courts for such purpose.
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 our financial services. 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.
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.
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.
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.
You agree and consent to receive electronically all communications, agreements, documents, receipts, notices, 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).
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.
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.
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.
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.
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.
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:
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.
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.
"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.
These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any transaction conducted through the Services (each, a "Dispute"), shall be governed by and construed in accordance with the laws of the State of Georgia and applicable federal law of the United States of America, without giving effect to any choice-of-law or conflict-of-laws rule or provision that would result in the application of the laws of any other jurisdiction.
Anytime Capital LLC maintains its principal place of business in Fulton County, Georgia. Accordingly, you agree that any Dispute shall be brought and adjudicated exclusively in the state courts of Georgia sitting in Fulton County, Georgia, or in the United States District Court for the Northern District of Georgia, Atlanta Division, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for the purpose of any such Dispute. You irrevocably waive, to the fullest extent permitted by applicable law, any objection that you may now or hereafter have to the laying of venue of any Dispute in such courts, including any claim that such courts constitute an inconvenient forum. Nothing in this Section shall preclude Anytime Capital from seeking injunctive or other equitable relief, or from enforcing any judgment, in any court of competent jurisdiction.
Without limiting the foregoing, any Dispute arising out of or relating to a Chargeback (as defined in Section 8), any fraudulent, unauthorized, or bad-faith payment reversal, or any other amount owed to Anytime Capital under these Terms shall be subject to the exclusive jurisdiction and venue set forth in this Section 16. Any such amount shall bear interest at the rate of eighteen percent (18%) per annum, or the maximum rate permitted by applicable law, whichever is less, from the date such amount first became due until paid in full, and you shall be liable for all reasonable attorneys' fees, court costs, and expenses of collection incurred by Anytime Capital in connection therewith, in addition to any other remedies available at law or in equity.
If any provision of this Section 16 is held to be invalid, illegal, or unenforceable in any respect, such provision shall be enforced to the maximum extent permissible, and the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Anytime Capital makes available, free of charge and to any person worldwide, software that enables you to generate and manage a self-custodial digital asset wallet (the "Non-Custodial Wallet"). The Non-Custodial Wallet is a software tool only. When you create a Non-Custodial Wallet, the private keys, seed phrase, and recovery phrase (collectively, your "Keys") are generated on, and remain solely within, your own device. Anytime Capital does not create, receive, store, transmit, back up, or have access to your Keys, and does not hold, custody, or control any Digital Assets associated with your Non-Custodial Wallet. Digital Assets held in your Non-Custodial Wallet are not Anytime Capital Account Funds, are not held on deposit with Anytime Capital, are not insured by the FDIC or any other governmental agency, and are not subject to the provisions of these Terms governing the Anytime Capital Account.
You are solely and exclusively responsible for safeguarding your Keys and for maintaining a secure, current backup of your Keys at all times. Your Keys are the only means of accessing the Digital Assets in your Non-Custodial Wallet. If you lose, forget, delete, disclose, or otherwise fail to secure your Keys, you may permanently and irrevocably lose access to your Digital Assets. Anytime Capital cannot recover, reset, restore, or reproduce your Keys under any circumstances, and cannot reverse, cancel, or modify any transaction broadcast from your Non-Custodial Wallet. You acknowledge that any loss of Digital Assets resulting from the loss, theft, compromise, or misuse of your Keys, including as a result of phishing, malware, social engineering, or the conduct of any third party, is your responsibility alone.
The Non-Custodial Wallet software is provided "AS IS" and "AS AVAILABLE," without warranty of any kind, whether express, implied, or statutory, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, or uninterrupted or error-free operation. Anytime Capital does not warrant that the Non-Custodial Wallet software will be available at any time, will operate without interruption or error, will be compatible with any device, operating system, or blockchain network, or will be maintained, updated, or supported for any period of time. Anytime Capital may modify, suspend, or discontinue the Non-Custodial Wallet software, in whole or in part, at any time without notice or liability. You acknowledge that your Keys are based on open, industry-standard formats and can be imported into any compatible third-party wallet software to access your Digital Assets. Accordingly, any unavailability, malfunction, interruption, or discontinuation of the Non-Custodial Wallet software shall not restrict your access to your Digital Assets and shall not give rise to any liability on the part of Anytime Capital.
Anytime Capital has no ability to monitor, control, approve, block, freeze, or reverse any transaction conducted through a Non-Custodial Wallet and has no knowledge of, or control over, the purposes for which any person uses a Non-Custodial Wallet. You represent, warrant, and agree that you will use the Non-Custodial Wallet only for lawful purposes and in compliance with all laws, regulations, and sanctions programs applicable to you in any jurisdiction. Anytime Capital is not liable or responsible for any illegal, fraudulent, or unauthorized activity conducted by any person through a Non-Custodial Wallet, and any such activity is solely the responsibility of the person engaging in it. Anytime Capital reserves the right to cooperate with law enforcement and regulatory authorities in connection with any such activity to the extent required or permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYTIME CAPITAL, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY LOSS, DAMAGE, COST, OR EXPENSE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DIGITAL ASSETS, ARISING OUT OF OR RELATING TO THE NON-CUSTODIAL WALLET, INCLUDING, WITHOUT LIMITATION, (A) THE LOSS, THEFT, COMPROMISE, OR MISUSE OF YOUR KEYS; (B) ANY TRANSACTION INITIATED FROM YOUR NON-CUSTODIAL WALLET, WHETHER OR NOT AUTHORIZED BY YOU; (C) ANY UNAVAILABILITY, DEFECT, ERROR, INTERRUPTION, OR DISCONTINUATION OF THE NON-CUSTODIAL WALLET SOFTWARE; (D) THE OPERATION, CONGESTION, FORK, FAILURE, OR COMPROMISE OF ANY BLOCKCHAIN NETWORK, PROTOCOL, OR SMART CONTRACT; (E) FLUCTUATIONS IN THE VALUE OF ANY DIGITAL ASSET; OR (F) THE ACTS OR OMISSIONS OF ANY THIRD PARTY. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE NON-CUSTODIAL WALLET. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.