Last Updated: October 19, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING THE "CREATE ACCOUNT" BUTTON OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
This summary offers an overview of the key terms that apply to your use of our website, trading, and other services. You should read the complete Terms of Service below, since they provide important information about how our services work. We refer to our online service where you can execute trades and access our services as "Anytime Capital."
Anytime Capital LLC is a U.S.-based financial technology company, not a bank, offering money and digital asset services to individuals and businesses online and at our branches. Certain products are provided by our partners, described in Section 4. Verification of your identity is required before opening an account.
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. There are also things you cannot do when using Anytime Capital, such as engage in illegal activities, provide false information, or do anything that would damage our services or systems.
The complete Terms of Service include important legal terms, including your indemnification responsibilities, our limitation of liability and warranty disclaimers, an agreement to resolve most disputes by individual arbitration with a waiver of class actions and jury trials, and the governing law and venue provisions for disputes not subject to arbitration, which must be brought in Fulton County, Georgia. Please read these terms carefully. You can contact us with any questions at members@anytime-capital.com.
These Terms of Service and any terms expressly incorporated into them ("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," "we," or "us"), and the trading, direct sale, and other services provided by Anytime Capital as described in these Terms (collectively, our "Services"). Anytime Capital LLC, 2549 Piedmont Road NE, Suite 110, Atlanta, GA 30324, USA.
For our refund policy, see Section 9.5. For Global Accounts and the Anytime Capital Visa® Debit Card, cancellations, refunds, errors, and disputes are governed by the Lead Bank Accountholder Agreement, the Lead Bank Cardholder Agreement, and the Lightspark End User Terms.
Capitalized terms not otherwise defined in these Terms have the following meanings:
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 register to use the Services on behalf of a legal entity, you represent and warrant that (i) the entity is duly organized and validly existing under the laws of the jurisdiction of its organization, and (ii) you are authorized 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 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 any Restricted Location or any country to which the United States has embargoed goods or services; (e) are not identified as a Specially Designated National; (f) are not on the Commerce Department's Denied Persons List; (g) will not use our Services if any applicable law in your country prohibits you from doing so; and (h) meet all eligibility requirements for the Services at the time you use them.
Anytime Capital may condition your access to certain Services or features by imposing eligibility requirements, which we will publish on our website, and may require you to demonstrate on an ongoing basis that you continue to meet them. Anytime Capital's eligibility decisions are final. Partners may apply their own eligibility requirements to their products.
Anytime Capital may, in its sole discretion, limit the number of Anytime Capital Accounts you may hold, maintain, or acquire.
To use the Services, you must create an Anytime Capital Account and provide any requested information. When you create an 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 account information; (d) protect your password and restrict access to your Anytime Capital Account; (e) promptly notify us if you discover or suspect any security breach related to your Anytime Capital Account; and (f) take responsibility for all activity under your Anytime Capital Account and accept the risks of any authorized or unauthorized access to it, to the maximum extent permitted by law.
Anytime Capital LLC is a financial technology company, not a bank. The Partner for each product is shown at signup. Each Partner product is governed by the Partner agreement listed below. Where a Partner agreement conflicts with these Terms for that Partner's product, the Partner agreement controls.
The Anytime Capital Mastercard® Prepaid Card is a prepaid reloadable card issued by Pathward®, N.A., Member FDIC. Pathward approves accounts and handles compliance, including verification of your identity before account opening. Cards and accounts are issued and serviced under the Anytime Capital brand. Full Pathward terms, fees, and disclosures are in the Pathward Cardholder Agreement.
Pathward Card Fees and Key Terms. The following summary highlights certain fees and terms from the Pathward Cardholder Agreement. It 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.
Global Accounts are Anytime Capital prepaid accounts held at Lead Bank, Member FDIC, and are governed by the Lead Bank Accountholder Agreement (consumer or business), which you accept when you open your account. Lightspark Group, Inc. is the program manager for the account. Lightspark Payments LLC, NMLS ID #2429193, a licensed money transmitter, provides stablecoin and digital asset services under the Lightspark End User Terms, available at lightspark.com/legal/grid/enduserterms. Account balances are not FDIC-insured, are not eligible for FDIC pass-through deposit insurance, and do not earn interest. The Lead Bank Accountholder Agreement governs your Global Account, including transfers and global payouts, fees, limits, error resolution, and unauthorized transfers. For customer service about your Global Account, you may contact Lightspark at 855-516-0103 or support@lightsparkpayments.com.
The Anytime Capital Visa® Debit Card is issued by Lead Bank, Member FDIC, pursuant to a license from Visa U.S.A. Inc. and is governed by the Lead Bank Cardholder Agreement, a supplement to the Lead Bank Accountholder Agreement.
Please refer to our Privacy Policy and Consumer Privacy Notice for information about how we collect, use, and share your information.
This Section 6 applies to (i) all trades completed through the Services, (ii) your purchase or sale of Digital Assets directly from Anytime Capital through the Services, and (iii) any transaction in which you load Funds into your Anytime Capital Account from an External Account or transfer Funds from your Anytime Capital Account to an External Account.
6.1 Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any trade submitted through the Services, limit trade amounts, or impose other conditions or restrictions on your use of the Services without prior notice. For example, we may limit the number of open orders you may establish or restrict trades from certain locations.
6.2 Accuracy of Information. You must provide any information required when creating an Anytime Capital Account or when prompted by the Services. You represent and warrant that any information you provide is accurate and complete.
6.3 Cancellations. You may cancel an order only 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 it. If an order has been partially filled, you may cancel the unfilled remainder unless the order is a market trade. We may refuse any cancellation request for a market order once submitted. All trades are irreversible once initiated. While we may, at our sole discretion, reverse a trade under extraordinary conditions, you do not have a right to a reversal.
6.4 Insufficient Funds. If you do not have sufficient Funds to complete an order, we may cancel the entire order or fill a partial order using the Funds available, less any Fees owed under Section 10.
6.5 Taxes. You are responsible for determining what taxes apply to your trades and for reporting and remitting them to the appropriate tax authority. Anytime Capital is not responsible for determining whether taxes apply or for collecting, reporting, withholding, or remitting any taxes arising from your trades, except that we may request your taxpayer information on Form W-9 or W-8 and report your transactions to tax authorities as required by law.
7.1 Funding Your Anytime Capital Account. To complete an order or trade under Section 8, you must first load Funds using an approved External Account. You may be required to verify that you control the External Account. Your External Account provider may charge fees, as described in Section 10.2. Anytime Capital is not responsible for External Account fees or for the management and security of any External Account. You are solely responsible for your use of any External Account and agree to comply with its terms. The time a load takes depends in part on third parties, and Anytime Capital makes no guarantee about how long it will take.
Trading Risks. Any trade can be financially risky, particularly trades in Digital Assets that are subject to volatile price movements. Enter into trades only when you understand the characteristics of the Digital Asset and the potential risk of loss.
7.2 Transferring Funds to an External Account. Subject to any holds or restrictions described in these Terms or the applicable Partner agreement, you may transfer Funds from your Anytime Capital Account to an External Account, less any fees in the applicable Fee Schedule at the time of your request. For products other than Global Accounts, new users may be subject to holds of up to 180 days. Holds on Global Accounts follow the Lead Bank Accountholder Agreement.
7.3 Load and Transfer Authorization. When you ask us to load Funds from your External Account or transfer Funds to your External Account, you authorize Anytime Capital and the applicable Partner to execute the transaction.
7.4 Rejected Transactions. An External Account may reject your Funds or be unavailable to receive them. You agree not to hold Anytime Capital liable for damages resulting from rejected transactions.
7.5 L2 Funding Services. For certain Digital Assets, Anytime Capital may facilitate your use of a "Layer 2" network, such as the Lightning Network, to deposit or withdraw Digital Assets (the "L2 Funding Services"). You acknowledge and agree that:
This Section applies when you use the Services to trade Digital Assets for Legal Tender or vice versa, or one Digital Asset for another.
8.1 Authorization. When you submit an order, you authorize Anytime Capital to execute it on a spot basis and charge any applicable Fees under Section 10.
8.2 Independent Relationship. Anytime Capital is not acting as your broker, intermediary, agent, advisor, or fiduciary, and no communication or information we provide is advice.
8.3 Trade Confirmation. Once your order is executed, a confirmation will be made available electronically. Failure to provide a confirmation does not affect the validity of the trade.
8.4 Market Rates. If you select a market trade, Anytime Capital will use commercially reasonable efforts to execute at or close to the prevailing market rate as shown in the Services. Rates shown in the Services may differ from rates available from other sources.
This Section applies when you purchase or sell Digital Assets directly from Anytime Capital, a service available in limited jurisdictions only.
9.1 Prices and Availability. All prices reflect the exchange rates applicable to your purchase or sale. All Digital Asset sales and purchases are subject to availability, and we may discontinue them without notice.
9.2 Purchase Quotes. Before you complete a purchase or sale, we will show you the amount of Digital Assets involved and the amount of Funds required. You agree to comply with the terms of that quote.
9.3 Errors. If an error occurs in our Services, a confirmation, or processing, we may correct it and revise your transaction, including charging the correct price, or cancel the purchase and refund any amount received. Your sole remedy for an error is cancellation and refund.
9.4 Payment Method. Only payment methods we specify at the time of sale may be used. By placing an order, you represent that you are authorized to use your designated payment method and authorize us or our payment processor to charge it. If your payment method cannot be verified or is not acceptable, your order may be suspended or cancelled.
9.5 No Returns or Refunds. This Section 9.5 applies to Digital Asset purchases and sales with Anytime Capital. It does not apply to Global Accounts or the Anytime Capital Visa® Debit Card, which are governed by the Lead Bank Accountholder Agreement, the Lead Bank Cardholder Agreement, and the Lightspark End User Terms. All sales and purchases with Anytime Capital are final. We do not offer refunds or accept returns unless explicitly stated in writing. Once your transaction has been processed, our responsibility for it 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, Anytime Capital is not responsible. Our transaction with you is complete and separate from anything you do afterward.
9.6 Fraudulent Chargebacks. Because Digital Assets are delivered irrevocably, a completed Digital Asset purchase cannot be undone. You agree not to initiate a chargeback, payment reversal, or dispute with your card issuer, bank, or payment processor on a completed Digital Asset purchase on a false or fraudulent basis, including claiming that a purchase you authorized was unauthorized or that Digital Assets delivered to you were not received (a "Fraudulent Chargeback"). If you have a concern about a purchase, contact us first at members@anytime-capital.com so we can review it. A Fraudulent Chargeback is a material breach of these Terms, may constitute fraud under applicable law, and may be reported to law enforcement.
9.7 Liability for Fraudulent Chargebacks. For any Fraudulent Chargeback, you agree to pay us on demand (a) the full amount of the transaction; (b) any fees, penalties, or assessments imposed on Anytime Capital by a card network, acquiring bank, or payment processor; and (c) our other resulting losses and costs (together, the "Chargeback Amount"). The Chargeback Amount bears interest at 18% per year, or the maximum rate permitted by law if lower, from the date the chargeback is initiated until paid in full. You authorize Anytime Capital to set off any unpaid Chargeback Amount against amounts Anytime Capital owes you.
9.8 Attorneys' Fees and Costs. If Anytime Capital retains counsel or begins any proceeding to recover a Chargeback Amount, you will reimburse our reasonable attorneys' fees, court costs, and collection costs, whether or not litigation is commenced, including on appeal and in enforcing any judgment.
9.9 Exclusive Venue. Any action relating to a Fraudulent Chargeback or alleged fraud in connection with the Services must be brought exclusively in the state or federal courts in Fulton County, Georgia, in accordance with Section 17, and you consent to the personal jurisdiction of those courts.
9.10 Your Rights Under Law. Nothing in these Terms limits any right you have under the Electronic Fund Transfer Act, Regulation E, the Truth in Lending Act, Regulation Z, or card network rules.
10.1 Amount of Fees. You agree to pay Anytime Capital the fees for trades completed through our Services ("Fees"), which we may change from time to time. Changes take effect on the date shown in the revised Fee Schedule and apply to trades after that date. Fees for accounts and cards provided with our Partners are set out in the applicable Partner agreement and Fee Schedule.
10.2 Third-Party Fees. Your External Account provider may charge fees for your use of that account through the Services. Those fees are not shown on our transaction screens, and you are solely responsible for paying them.
10.3 Payment of Fees. You authorize us or our designated payment processor to charge or deduct applicable Fees from your Funds.
10.4 Collection-Related Costs. If you fail to pay Fees or other amounts owed under these Terms and Anytime Capital refers your account to a third party for collection, we will charge a collection fee of 18% or the maximum permitted by law, whichever is less.
11.1 Consent to Electronic Delivery. You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures ("Communications") that Anytime Capital provides in connection with your Anytime Capital Account and the Services, as further described in our E-SIGN Consent. We may provide Communications by posting them in the Services or by email to the address you provide. You should keep copies of Communications by printing or saving them. You may request additional electronic copies, or free paper copies as described in Section 11.4, by emailing members@anytime-capital.com.
11.2 Hardware and Software Requirements. To access and keep Communications, you need a device with internet access, a current web browser with cookies enabled and encryption support, software to view PDF files, a valid email address on file, and enough storage to save Communications or a printer to print them.
11.3 Withdrawal of Consent. You may withdraw your consent by emailing members@anytime-capital.com. If you withdraw consent, Anytime Capital may suspend or close your use of the Services. Your withdrawal confirms that your street address on file is current, and required Communications may be sent to it in paper form subject to Section 11.4. Withdrawal requests may take up to 10 business days to process.
11.4 Requesting Paper Copies. You may request a paper copy of a Communication within 30 days after we provided it by emailing members@anytime-capital.com. You must have a current street address on file. A request for a paper copy applies only to that Communication and does not affect your consent under Section 11.1. Paper copies are free.
11.5 Updating Contact Information. You are responsible for keeping your email address, mobile number, and street address current. If we send a Communication that you do not receive because your contact information is incorrect, blocked, or otherwise unable to receive it, we will be deemed to have provided it. If you use a spam filter, add Anytime Capital to your address book. You can update your information in your Anytime Capital Account or by emailing members@anytime-capital.com. If Communications are returned as undeliverable, we may treat your account as inactive until you provide valid contact information.
If Funds associated with your Anytime Capital Account remain unclaimed after a period of inactivity and cannot be returned to your External Account, the Partner holding those Funds may report and remit them under applicable state unclaimed property laws.
When using the Services, you agree not to violate any law, contract, intellectual property or other third-party right, or commit a tort, and you are solely responsible for your conduct. You agree that you will not:
Our Acceptable Use and Prohibited Activities Policy is part of these Terms and lists additional prohibited conduct and businesses.
We own all rights, including intellectual property rights, in any feedback, suggestions, ideas, or other materials you provide about Anytime Capital or the Services ("Feedback"). Feedback is non-confidential and becomes the sole property of Anytime Capital, which may use it for any purpose without acknowledgment or compensation. You waive any rights you may have in Feedback. We may disclose your identity to any third party claiming that content you posted violates their intellectual property or privacy rights, and we may remove any posting that does not meet our content standards.
Unless otherwise indicated, all copyright and other intellectual property rights in the content and materials on our website or provided with the Services, including the Anytime Capital name and logo, designs, text, graphics, pictures, information, data, software, and files ("Anytime Capital Materials"), are the property of Anytime Capital or its licensors and are protected by U.S. and international law.
We grant you a limited, nonexclusive, non-sublicensable license to access and use Anytime Capital Materials for your personal or internal business use. This license does not permit (a) resale of Anytime Capital Materials; (b) their distribution, public performance, or public display; (c) modification or derivative uses; or (d) any use other than their intended purpose. This license terminates automatically if we suspend or terminate your access to the Services.
"Anytime Capital," the Anytime Capital logo, and any other Anytime Capital product or service names, logos, or slogans are trademarks of Anytime Capital in the United States and other countries and may not be copied, imitated, or used without our prior written permission, including in metatags or hidden text. The look and feel of our Services, including page headers, custom graphics, button icons, and scripts, is the trade dress of Anytime Capital. All other trademarks and company names mentioned in the Services belong to their respective owners. Reference to any third-party product or service does not imply endorsement.
17.1 Governing Law. 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"), are governed by the laws of the State of Georgia and applicable federal law, without regard to conflict-of-laws rules. Disputes relating to a Partner product are governed by the dispute terms of the applicable Partner agreement.
17.2 Exclusive Jurisdiction and Venue. Anytime Capital LLC maintains its principal place of business in Fulton County, Georgia. Except as provided in Section 27, any Dispute must be brought exclusively in the state courts of Georgia sitting in Fulton County or the United States District Court for the Northern District of Georgia, Atlanta Division, and you submit to the personal jurisdiction of those courts. You waive any objection to venue in those courts, including any claim of inconvenient forum. Nothing in this Section prevents Anytime Capital from seeking injunctive or equitable relief or enforcing a judgment in any court of competent jurisdiction.
17.3 Fraudulent Chargebacks and Amounts Owed. Any Dispute relating to a Fraudulent Chargeback under Section 9, or any other amount owed to Anytime Capital under these Terms, is subject to this Section 17. Any such amount bears interest at 18% per year, or the maximum rate permitted by law if lower, from the date due until paid, and you are liable for reasonable attorneys' fees, court costs, and collection costs, in addition to other available remedies.
17.4 Severability. If any provision of this Section 17 is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will not be affected.
This Section 18 applies to the Anytime Capital Non-Custodial Wallet software only. Digital asset balances held through a Global Account are governed by the Lightspark End User Terms.
18.1 Nature of the Non-Custodial Wallet. Anytime Capital makes available, free of charge, 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. Your private keys, seed phrase, and recovery phrase (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 in your Non-Custodial Wallet. Digital Assets in your Non-Custodial Wallet are not Anytime Capital Account Funds, are not on deposit with Anytime Capital, are not insured by the FDIC or any government agency, and are not subject to the provisions of these Terms governing the Anytime Capital Account.
18.2 Your Sole Responsibility for Your Keys. You are solely responsible for safeguarding your Keys and keeping a secure, current backup. Your Keys are the only way to access Digital Assets in your Non-Custodial Wallet. If you lose, forget, delete, disclose, or fail to secure your Keys, you may permanently lose access to your Digital Assets. Anytime Capital cannot recover, reset, or reproduce your Keys and cannot reverse, cancel, or modify any transaction broadcast from your Non-Custodial Wallet. Any loss resulting from the loss, theft, compromise, or misuse of your Keys, including through phishing, malware, social engineering, or the conduct of any third party, is your responsibility alone.
18.3 Software Availability and Portability of Keys. The Non-Custodial Wallet software is provided "AS IS" and "AS AVAILABLE," without warranty of any kind, whether express, implied, or statutory, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, or uninterrupted or error-free operation. Anytime Capital may modify, suspend, or discontinue the software at any time without notice or liability. Your Keys use open, industry-standard formats and can be imported into compatible third-party wallet software, so any unavailability or discontinuation of the software does not restrict your access to your Digital Assets and does not give rise to any liability of Anytime Capital.
18.4 No Control Over Use; Prohibited Activity. Anytime Capital cannot monitor, control, approve, block, freeze, or reverse any transaction conducted through a Non-Custodial Wallet. You agree to use the Non-Custodial Wallet only for lawful purposes and in compliance with all laws, regulations, and sanctions programs that apply to you. Anytime Capital is not responsible for any illegal, fraudulent, or unauthorized activity conducted through a Non-Custodial Wallet and may cooperate with law enforcement and regulators as required or permitted by law.
18.5 Disclaimer of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYTIME CAPITAL, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS HAVE NO LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY LOSS, DAMAGE, COST, OR EXPENSE, INCLUDING ANY LOSS OF DIGITAL ASSETS, ARISING OUT OF OR RELATING TO THE NON-CUSTODIAL WALLET, INCLUDING (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 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.
Buying, selling, holding, and transferring Digital Assets involves significant risk. Our Digital Asset Risk Disclosure is part of these Terms and describes those risks in detail. By using the Services for Digital Assets, you confirm that you have read and understand it. In summary:
20.1 Identity Verification. You authorize Anytime Capital, our Partners, and our identity verification providers to verify your identity, including by checking the information you provide against third-party databases and public records, and by requesting documents and images of you and your identification.
20.2 Ongoing Due Diligence. We may ask you at any time for additional information or documents, including information about your occupation, the source of your funds or wealth, the purpose of a transaction, or, for business customers, the business's ownership, activity, and counterparties. If you do not provide requested information promptly, we may restrict or close your access to the Services.
20.3 Transaction Monitoring and Holds. We and our Partners monitor transactions to prevent fraud, protect customers, and comply with law. We may delay, hold, refuse, or, where permitted, reverse any transaction, and may hold Funds while we review activity. We are not liable for delays or losses resulting from a review conducted in good faith.
20.4 Legal Process. We comply with subpoenas, levies, garnishments, freezing orders, and other legal process. We may restrict your access to the Services to comply with legal process and may charge the fee shown in the applicable Fee Schedule. We will notify you of legal process unless we are prohibited from doing so.
20.5 Sanctions. We screen customers, transactions, and Digital Asset addresses against sanctions lists. We will not process any transaction involving a sanctioned person, country, or address, and we will handle blocked property as required by law.
20.6 Reporting. We file reports with government authorities as required by law. Federal law may prohibit us from telling you whether a report has been filed.
21.1 By You. You may close your Anytime Capital Account at any time by contacting us. Closing your account does not cancel pending transactions or relieve you of amounts you owe.
21.2 By Us. We may suspend, restrict, or terminate your access to all or part of the Services at any time, with or without notice, including if: (a) you violate these Terms or any Partner agreement; (b) we are required to do so by law, legal process, or a Partner; (c) we suspect fraud, unauthorized access, money laundering, sanctions violations, or other illegal activity; (d) you do not provide information we request; (e) your account presents an unacceptable risk to Anytime Capital, a Partner, or other customers; (f) you initiate a Fraudulent Chargeback; (g) you access the Services from a Restricted Location; (h) you are abusive or threatening toward our staff; or (i) your account is inactive for an extended period.
21.3 Effect of Termination. When your account is closed, Funds held by a Partner will be returned under the applicable Partner agreement to an External Account in your name after any required verification, less amounts owed. Digital Assets will be delivered to a Digital Asset Account you control. We may hold Funds for as long as required by law or legal process.
21.4 Survival. Sections 9, 10, 17, and 19 through 30, and any other provision that by its nature should survive, survive termination of these Terms.
If you open an Anytime Capital Account on behalf of a business, the Anytime Capital Business Account Terms also apply and are part of these Terms. You represent that you are authorized to bind the business, that the information you provide about the business and its owners is accurate, and that you have obtained consent from each individual whose information you provide. The business is responsible for all activity by the users it authorizes. To the extent permitted by law, consumer protection laws that apply only to consumer accounts, including Regulation E, do not apply to business accounts.
The Services rely on Partners, card networks, payment networks, blockchain networks, and other third parties, and may link to third-party websites. We do not control and are not responsible for third-party services, and your use of them may be subject to their own terms and privacy policies.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL INFORMATION AND CONTENT PROVIDED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. ANYTIME CAPITAL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT ANY PRICE OR RATE INFORMATION IS ACCURATE, OR THAT ANY TRANSACTION WILL BE COMPLETED WITHIN A PARTICULAR TIME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANYTIME CAPITAL, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO ANYTIME CAPITAL IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
THESE LIMITATIONS DO NOT LIMIT ANY RIGHT YOU HAVE UNDER THE ELECTRONIC FUND TRANSFER ACT, REGULATION E, OR ANY OTHER LAW THAT CANNOT BE WAIVED BY CONTRACT.
You will indemnify, defend, and hold harmless Anytime Capital, its affiliates, and their officers, directors, employees, and agents from any claim, demand, loss, liability, damage, fine, penalty, cost, or expense, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms or any Partner agreement; (c) your violation of any law or the rights of any third party; (d) any Fraudulent Chargeback; or (e) any activity under your Anytime Capital Account by you or anyone you allow to access it. We may control the defense of any claim subject to indemnification, and you will cooperate with us.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND ANYTIME CAPITAL TO RESOLVE MOST DISPUTES BY INDIVIDUAL ARBITRATION AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
27.1 Informal Resolution. Before starting arbitration, you and Anytime Capital agree to try to resolve any Dispute informally. The party raising the Dispute must send a written notice describing it and the relief requested; notices to us go to members@anytime-capital.com and to our mailing address in Section 31. If the Dispute is not resolved within 60 days after the notice is received, either party may start arbitration.
27.2 Binding Arbitration. Except as provided in Section 27.3, any Dispute will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and for business customers under its Commercial Arbitration Rules. This agreement is governed by the Federal Arbitration Act. The arbitrator decides all questions about the scope, validity, and enforceability of this Section 27, except that a court decides the enforceability of the class action waiver in Section 27.4.
27.3 Exceptions. Either party may (a) bring an individual claim in small claims court; (b) seek injunctive relief in court to protect intellectual property or stop unauthorized access to the Services; and (c) Anytime Capital may bring an action to collect amounts owed, including any Chargeback Amount, in the courts described in Section 17.
27.4 Class Action and Jury Trial Waiver. YOU AND ANYTIME CAPITAL MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND ANYTIME CAPITAL EACH WAIVE THE RIGHT TO A JURY TRIAL. The arbitrator may award relief only to the individual party and only to the extent needed to resolve that party's individual claim.
27.5 Location and Fees. Arbitration will be held by video conference or in Fulton County, Georgia, unless the applicable rules require a location in your county of residence. Filing and arbitrator fees will be paid as required by the applicable rules.
27.6 Mass Arbitration. If 25 or more similar demands are filed against Anytime Capital by the same or coordinated counsel, the demands will be administered in batches of up to 10, with one batch resolved before the next is filed, and the statute of limitations for demands awaiting a batch will be tolled. Neither party will be required to pay fees for demands awaiting a batch until that batch is filed.
27.7 Right to Opt Out. You may opt out of this Section 27 by emailing members@anytime-capital.com within 30 days after you first accept these Terms, with your name, the email address on your account, and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
27.8 Severability. If the class action waiver in Section 27.4 is found unenforceable for any claim, that claim will proceed in court under Section 17 and all other claims will remain in arbitration. If any other part of this Section 27 is found unenforceable, the rest remains in effect.
27.9 Partner Products. Disputes relating to a Partner product are governed by the dispute terms of the applicable Partner agreement.
Anytime Capital is not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, government action, power or internet outages, failures of Partners, payment networks, or blockchain networks, and cyberattacks.
We may change these Terms by posting a revised version with a new "Last Updated" date. For material changes, we will notify you by email or in the Services at least 30 days before the change takes effect, unless a shorter period is required by law or to address security or legal requirements. Your continued use of the Services after a change takes effect means you accept it. Changes will not apply to Disputes arising before the change, and if we make a material change to Section 27, you may reject it by notifying us within 30 days.
30.1 Entire Agreement. These Terms, together with the Privacy Policy, Consumer Privacy Notice, Acceptable Use and Prohibited Activities Policy, Digital Asset Risk Disclosure, E-SIGN Consent, Fee Schedule, and, for business customers, the Business Account Terms, are the entire agreement between you and Anytime Capital about the Services. For Global Accounts and Anytime Capital Visa® Debit Cards, the Lead Bank Accountholder Agreement, the Lead Bank Cardholder Agreement, and the Lightspark End User Terms also apply, and each controls for the matters it covers.
30.2 Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without your consent, including in connection with a merger, acquisition, or sale of assets.
30.3 No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
30.4 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect, and the affected provision will be enforced to the maximum extent permitted.
30.5 Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between you and Anytime Capital.
30.6 Notices. We may give you notice by email to the address on file or in the Services. You may give us notice at members@anytime-capital.com or by mail to the address in Section 31.
30.7 Recording of Communications. You agree that we may monitor and record calls, chats, and other communications with you for quality, training, security, and compliance purposes.
30.8 Time to Bring Claims. To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one year after the claim arises, or it is permanently barred.
30.9 Interpretation. Headings are for convenience only. "Including" means "including without limitation." If these Terms are translated, the English version controls.
30.10 No Third-Party Beneficiaries. These Terms do not create any rights for any third party, except as stated in a Partner agreement.
Questions about these Terms can be sent to members@anytime-capital.com or by mail to Anytime Capital LLC, 2549 Piedmont Road NE, Suite 110, Atlanta, GA 30324.