Terms & Conditions
These Terms and Conditions of AnchorExchange and Chiffre IT Solution (hereinafter “the Terms”) apply to the AnchorExchange platform located at AnchorExchange.io, its affiliates or partners (hereinafter collectively “the Platform” or “AnchorExchange “, “we”, “us” and/or “our), and the AnchorExchange products and services specified herein (hereinafter collectively “the Services”).
In these Terms, all users of the Platforms, including employees, agents, affiliates, owners, partners or other entities related to such user who have or are considering registering, are referred to as “you,” “your” when referring to the user’s personal rights and liabilities, and/or the “users” in any other generic sense.
BY USING THE PLATFORM, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, KINDLY REFRAIN FROM USING THE PLATFORM.
AnchorExchange reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. It is your responsibility to review these Terms periodically for changes. Your continued use of the Platform following the posting of changes constitutes your acceptance and agreement to the changes.
As long as you comply with these Terms, AnchorExchange grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
“Virtual currencies” are a digital representation of value that acts as a medium of exchange, unit of account, and/or store of value that uses cryptographic techniques to regulate the creation of digital units and verify the transfer of assets via blockchain, have no legal tender, and operate independently of a central bank in a jurisdiction.
“Stablecoins” are a type of virtual currency that can be pegged to virtual currency, fiat money or exchange-traded commodities of legal tender.
“Crypto assets” are virtual currencies and stable coins when mentioned together.
“Fiat currencies” are used in reference to money or currency, that is, any money that a recognized government declares to be legal tender, and only has value because that government retains its value.
“Funds” are cryptocurrencies and/or fiat currencies of legal tender when mentioned together.
“Legal Tender” means any national currency, such as U.S. Dollars or EURO, that may be used in connection with Cryptoassets through the Services and does not include Virtual Currency.
“Blockchain” means a system in which records of virtual currency transactions are maintained on multiple computers connected in a peer-to-peer network.
“KYC” stands for Know Your Customer (or Client), which is the process of verifying the identity of customers or clients and assessing potential risks of illegal intent for the business relationship.
“AML” stands for Anti-Money Laundering, which is a set of procedures, laws and regulations designed to stop the practice of generating income through illegal activities.
“Restricted Jurisdiction” means any country or its portion where your use of the Services is deemed illegal and/or otherwise in violation of applicable laws of the European Union or the United States of America, where AnchorExchange is not authorized to provide the Services; and/or where either the European Union or the United States of America has imposed an embargo on goods and services similar to the type of Services provided by AnchorExchange.
“Account” means a user account, individual account or corporate account to exchange Cryptocurrencies into FIAT or FIAT into Cryptocurrency after a successful KYC process.
“Your Account” means a User Account accessible at AnchorExchange through the Fiat Services offered on the Platform, where you can exchange funds in cryptocurrency or cryptocurrency into money.
“Individual Account” is only owned by an individual or legal entity that can transfer or withdraw virtual currency on the account. There is only 1 (one) individual account per person maximum.
“Corporate Account” means property of any type of legal entity that holds an account in any capacity other than an individual capacity.
“Partnership” means any legal entity that is affiliated with AnchorExchange through a share of each other’s stock, through common ownership, or through other means of control, including, but not limited to, a parent company and subsidiary.
“Affiliate” means any legal entity that has entered into any type of partnership agreement with AnchorExchange and/or that has integrated any of the AnchorExchange Products into its website.
SECTION ONE. GENERAL INFORMATION
- PLATFORM MANAGEMENT
- AnchorExchange is operated by Chiffre IT Solution DOOEL, a company duly registered and active in the Republic of Northern Macedonia (hereinafter “Platform Operator”).
- The active legislation of the respective jurisdiction and the European Union shall apply for the Platform and all agreements or transactions made through it.
- REGISTRATION ON THE PLATFORM AND ITS ANCHOREXCHANGE ACCOUNT CREATION
- By registering as a User on the Platform and accepting these Terms, you are deemed to enter into the full agreement with the Platform Operator. Only registered users are entitled to use the products and services offered by AnchorExchange.
- While using the Platform, you must confirm that you meet the following criteria:
- You are an eligible natural person or legal entity with full legal capacity in your respective residence;
- You must be at least 18 years of age;
- You are not the subject of insolvency proceedings;
- You have full legal capacity (as defined in your jurisdiction) to enter into a binding contract;
- You are not under the influence of alcohol, drugs, psychoactive, toxic or other intoxicating substances.
- You may not register an AnchorExchange account or use the Platform through a decentralized wallet if you are located in a jurisdiction where:
- The Platform Operator is not authorized to provide its services;
- Either the European Union or the United States of America has imposed an embargo on goods or services that correspond to the services we provide;
- Your use of the Services is deemed to be illegal.
All provisions of this clause, when mentioned together or separately, are hereinafter referred to as “Limited Jurisdiction”.
- You hereby represent and warrant that you:
- Do not reside or you are not currently located in a Restricted Jurisdiction;
- You will not attempt to register an account or use our Services by circumventing any methods we have in place to prevent you from applying for an account or using our Services, even if such methods are not effective or can be avoided. We may conduct checks or other audits to restrict access to the Platform from a restricted jurisdiction.
- You hereby declare and confirm that you have not been placed on any sanctions list by any governmental authority in the European Union or the United States of America, and you will not use the Platform for any illegal or illicit activities.
- If you use the Platform Services and/or hide your area of residence and/or your placement on the sanctions list mentioned herein from the Platform Administration, we reserve the right to stop providing the Services and terminate the Agreement immediately.
- Due to the volatile nature of cryptoassets and changing interpretations in the virtual currency market, we reserve the right to update the requirements for restricted jurisdictions and/or reject applications to open accounts of any kind that we could not accept for regulatory or policy reasons in our sole and absolute discretion.
- To register on the Platform, you must fill in a registration form and confirm these terms and conditions. After you are registered, your account will be automatically created on the Platform. Upon your registration on the Platform, AnchorExchange will assign your unique ID number.
YOUR ID NUMBER WILL BE USED AS THE PRIMARY IDENTIFIER FOR ALL PRODUCTS AND SERVICES AVAILABLE ON THE PLATFORM.
- In order to activate your account and gain full user access to the Platform and Services, you must go through the KYC process set forth in the AML Policy available for review here. Failure to provide the information required for the KYC process may result in termination of your account access.
- In the case of our partnership with a regulated entity, if you are referred by our partner, you may not be required to provide us with your KYC information if you have already gone through KYC/AML procedures with theirs and those KYC/AML procedures meet the AML/KYC requirements of the European Union. We must have access to this data in an appropriate manner agreed with the partner and you must give your prior consent to this data processing.
- To access and use your account, we identify you by your email address and password. You are entitled to change your email address and password used for your identification in accordance with the procedures established on the Platform.
- If you represent a legal entity on whose behalf you wish to establish a Corporate Account with us, we will identify you as a signatory of the current legal entity. We may refuse to recognize and accept any solution that impairs and/or authorizes you to use the Corporate Account that appears to us to be incomplete or incorrectly executed.
- In order to set up your Company Account, you must first verify yourself. Only the verified users can proceed with the onboarding of the Company. You must provide all company documents requested by AnchorExchange via email or upload in accordance with the procedures set forth on the Platform.
- By completing an Account Registration on behalf of you or any other legal entity, you represent and agree that you:
- are fully authorized to execute any documents or otherwise fulfill our requirements on behalf of you or the legal entity you represent in your specified capacity,
- have provided all documents or other information necessary to prove such authority and/or
- will provide all other documents and comply with such other requirements as we may request from time to time.
- In order to use the services offered on the Platform and enter into agreements with us, you must take the steps mandated by these Terms and in accordance with the procedures set forth on the Platform in order for AnchorExchange to identify you in accordance with the applicable AML Policy, which is available for review here.
- By accepting these Terms, you represent and warrant that you understand all of the features available on the Platform and the consequences of any decisions you make or actions you take while using the Platform, and you represent and warrant that you are capable of making decisions about all actions on the Platform.
- We may reject your registration on the platform for any reason and we are not obligated to provide you with a reason for such rejection.
- Only the owner of your account is authorized to enter and use it. Unauthorized use of your account is strictly prohibited and bears all risks associated with it. We may terminate your access to the Platform and the Services if we discover or suspect such unauthorized use.
- Nothing herein shall constitute investment or loan/deposit advice or counseling, and in no way shall either party consider AnchorExchange to be an investment advisor/fund/credit institution and/or loan/deposit broker.
- YOUR PERSONAL DATA
- The purpose of processing your personal data is to maintain your records, offer, provide and maintain services, financial and statistical analysis, exercise and protect the rights of AnchorExchange and/or you arising from the Agreement.
- We may outsource third parties to access and/or process your personal data. You must give these third parties your consent to handle your personal data. All personal data from you will be handled in accordance with the European Data Protection Regulation in the form and manner required by our AML Policy and applicable law.
- We may provide access to your KYC Data to third parties without your provisional consent only in accordance with applicable law and/or based on the decision of a competent government authority. In the interim, we strictly comply with all European Union, United States of America and other general international regulations regarding the protection of personal data as mentioned herein.
- YOUR IDENTIFICATION
- We identify you according to the rules of the internal control system and our AML policy available here.
- We verify you as a user in all cases as required by applicable law.
- In order to verify you as an authorized user of your account, we may, at our sole discretion and at any time, request from you any information that we deem necessary about you as an individual and/or representative of a legal entity and/or legal person itself, as well as a source of funds and, in general, any documents confirming your identity and assets. We reserve the right to unilaterally impose additional requirements on your identification, as well as to make changes in the identification process of a user.
- You state and confirm that all information provided to AnchorExchange pursuant to these Terms or otherwise is true, accurate, current and not misleading in any respect. If any part of this information changes, it is your obligation to update this information as soon as possible, but no later than three (3) days after the change, to compliance@AnchorExchange.io.
- You authorize us to request and rely on credit reports or other information provided by third parties to determine whether we may open or maintain your account. Your Account will not be opened and we will have no responsibility to you unless and until you receive email confirmation from us that your Account has been created. We are under no obligation to accept any application from you, and we reserve the right, in our sole and absolute discretion, not to open an account for you or any other user.
- By completing the registration form in accordance with the procedures set forth herein and depositing funds into your account, you confirm that you wish to use the Platform and the services provided therein in accordance with the terms and conditions set forth herein.
- Each time you log in to the Platform using your email address and password, you agree to these Terms. All payments, payment orders, instructions, applications, agreements as well as other documents confirmed or submitted by you on the Platform after entering your email address and password as required on the Platform you are legally bound by them.
- Your password is considered confidential information that you do not disclose and take all necessary precautions to prevent third parties from accessing it. You must keep your password secure as well as change/update the password regularly as required by AnchorExchange.
- If you suspect that your password has become known or may become known to a third party, you must notify us immediately by sending an email to support@AnchorExchange.io. Once we receive your message, we will block access to your account as soon as possible. We will work with you to restore access to your account, but you are solely responsible for any loss or damage you incur as a result of a third party accessing your account due to your negligence.
- After changing, resetting a password or disabling two-factor authentication, we may suspend the revocation process for up to 72 hours for security reasons. Also, for security reasons, you are strongly advised to enable two-factor authentication for your account.
- We may restrict or block access to your account if we suspect that your account has been used without proper authorization. This may include the following:
- your password has become known or may have become known to a third party;
- we suspect that your account has been used for illegal transactions;
- other instances at our discretion to ensure the security of the services, non-infringement, your confidentiality, or to prevent losses that may be caused to you, us, or another user of the Platform.
- We have the right to not approve your transaction if:
- you do not comply with these terms;
- we suspect your identity as the user initiating the transaction, your source of income and/or the content of your transaction, origin/form of any of the documents you provided to prove the transaction;
- your instruction for the transaction is unclear or corrupted;
- in other cases specified herein.
- CURRENCY AND TRANSFER OF FUNDS
- Only listed virtual currencies and fiat currencies may be used as operational funds of the platform. In case we remove funds from the list of available currencies, all services on this website with the previously listed currencies will remain in effect until their expiration date.
- A complete list of available funds that can be used on the Platform will be displayed in your account in the appropriate section before deposits can be made.
- Changes may be made to the specified list of funds at any time without prior notice to you.
- You are entitled to add funds to your account in your own name only.
- You hereby affirm and guarantee AnchorExchange that:
- you own the funds you hold in your AnchorExchange Account or the Decentralized Wallet; or
- you are authorized to conduct transactions with the funds you hold in your AnchorExchange Account;
- all transactions initiated with your Account are for your own sake or on behalf of an individual or entity for which you are duly authorized.
- You must have an active payment account with a financial institution for transactions in fiat currency, opened in your own name and not in the name of third parties. You must be authorized to freely manage such accounts and the funds (if any) contained therein.
- Once you have successfully passed all KYC/AML procedures, you may add any funds to the platform using the available payment methods, including a bank transfer.
- Your funds that are transferable to AnchorExchange pursuant to these Terms shall be deemed to be funds transferred for the purpose of being applied to the relevant AnchorExchange Products.
- Funds deposited into your Account pursuant to these Terms will be held in your Account and no interest will accrue on the funds in your Account or be paid to you unless you transfer your funds to an AnchorExchange product that offers interest such as an AnchorExchange – DeFi Lending Protocol.
- If your account is mistakenly credited or debited due to interrupted/improper system operations of the Platform, AnchorExchange will debit or credit your funds from your account to remedy the situation appropriately.
- Upon your request, we will provide you with a statement of all your transactions made via the Platform. Your account statements will be available on your account at all times.
- You are entitled to request AnchorExchange to pay the funds in your account to any payment account opened in your name or account where you have joint access to a credit/financial institution. AnchorExchange will transfer to you the funds in your AnchorExchange Account that are not allocated to any AnchorExchange Product on the Platform when you submit a request to us.
- AnchorExchange may make deductions from your account to satisfy your obligations to pay for any applicable AnchorExchange product, including payment of AnchorExchange commission fees, which may be viewed here.
- It is illegal to deposit funds into your account that you have received in an illegal manner. In the event of suspicious transactions, the appropriate government authorities will be notified, which may result in the freezing of all funds in the account and the closing of the account and confiscation of funds.
- If at any time during your registration as a User or during the term of this Agreement, we suspect you of money laundering, terrorist financing or other illegal activity, we will refuse to register or accept funds from you and prevent you from accessing the Platform.
- You may withdraw all or part of your funds from the Platform at any time using any available means of payment, as long as such funds are not allocated to any AnchorExchange Product. If this is the case, the withdrawal will be made in accordance with the terms and conditions of the relevant product.
- Any transfer request shall be deemed pending until accepted by us. We may refuse to accept such a request or delay processing an approved request for any reason, including, but not limited to, insufficient funds in your Account, inaccurate or misleading information provided by you, or any doubt or suspicion of money laundering or other financial crime related to your Account.
- Please note that withdrawals and deposits of your funds to any of your accounts/wallets outside the Platform may take up to seven (7) business days in some cases. The said time does not depend on the Platform, but on the Blockchain and other external circumstances.
- AnchorExchange shall not be liable for the inability to transfer funds due to force majeure, including unforeseeable and uncontrollable changes in the field of electronic payments or cryptoassets turnover or relevant changes in applicable legislation.
- AnchorExchange does not assume any liability for products based on smart contracts such as the Lending Protocol, Margin Trading, the Bridge or the Swap.
- PAYMENT FOR PLATFORM SERVICES
- You will pay a Service Fee for the services provided by AnchorExchange in accordance with the fees set forth herein.
- We may deduct our Service Fee from your funds available in the AnchorExchange Account without prior notice to you, but only in the circumstances set forth herein.
- You will ensure that there are sufficient funds in your AnchorExchange account to make all payments, including AnchorExchange fees. If your funds in the AnchorExchange account are insufficient, we will not process the transaction you have scheduled for execution. AnchorExchange will not be liable for any losses you may suffer in this regard.
- YOUR RIGHTS AND OBLIGATIONS
- You agree to:
- not to use the Platform for illegal conduct, including but not limited to fraud and money laundering;
- provide information that is true, accurate, current and not misleading in any way when registering on and using the Platform,
- to use only secure means and devices for electronic communication and data transmission; including two-factor authentication, which is strongly recommended;
- to notify AnchorExchange in writing promptly, but no later than within 3 (three) business days, if any of your personal information provided to the Platform changes;
- to exercise integrity and observe universal moral and ethical standards in communications with AnchorExchange.
- If we determine that the information you have provided is false/not current/false, we may, at our sole discretion, discontinue providing the Service on the Platform and/or freeze your funds in your account on the Platform. You may be held liable personally and criminally for providing false or misleading contact information (phone, email address and residential address) and/or documents to pass the verification process on the Platform and upon further request. Any attempt to defraud AnchorExchange may involve the application of appropriate measures under applicable AML and/or criminal law.
- You agree to:
- RIGHTS AND OBLIGATIONS OF ANCHOREXCHANGE
- We will use commercially reasonable efforts to keep the Platform operational, accessible and secure for the use of all Registered Users.
- We will not have any obligations for any taxes that you may be obligated to pay as a result of transactions you make on the platform. In accordance with the applicable legislation of Georgia, we do not act as a tax agent for withholding (income) taxes when you receive income from operations with financial instruments on our Platform. In accordance with the applicable legislation, you will calculate, file and pay all applicable taxes in accordance with the legislation of your jurisdiction in which you are deemed to be tax resident when you receive income from financial operations using our financial services.
- Any additional services we provide to you will be subject to the same terms and conditions, unless otherwise agreed in writing between you and us.
- ACCOUNT STATEMENTS
- We will provide you with your account statements online on the Platform in the Transaction section and/or by email upon request.
- Upon receipt of any statement provided by us, you must review the statement and notify us of any unauthorized use of any error or irregularity in the statement within 14 (fourteen) calendar days after the statement is provided. If no notice is received from you within the 14 calendar day period, we will not be liable to you for any losses you may have incurred.
- You may use the statement we provide to you for your tax returns.
- It is your responsibility to determine what, if any, taxes apply to any payments you make or receive and to collect, report and remit the correct tax to the appropriate taxing authority.
- We will not withhold taxes or make filings unless we are required to do so by law.
- We will not be liable for determining whether any taxes apply to your transactions or for collecting, reporting or remitting any taxes resulting from your transactions.
- You are solely responsible for complying with applicable tax law, reporting and paying any taxes arising from your transactions on the Platform.
- TRANSFER OF YOUR ACCOUNT
- Your account with AnchorExchange is not transferable or assignable, in whole or in part, to any third party.
- If you wish to transfer funds held in your account to another person/entity, he/she will pass all verification procedures set forth herein and become a new user of the Platform.
- Unauthorized use of the Platform by any other natural/legal person who has not been properly verified by the Platform is strictly prohibited by these Terms and applicable AML law.
- AMENDMENTS AND TERMINATION OF THE CONTRACT.
- We may, in our sole discretion, modify/amend these Terms at any time without prior notice to you. Your continued use of the Services constitutes your agreement to be bound by the most current Terms.
- We may restrict your right to use the Platform and/or terminate this Agreement and immediately delete your account without notice if we determine that:
- you are in breach of these Terms or otherwise illegally using the Platform in a manner inconsistent with applicable law;
- you have provided false or misleading information or falsified documents;
- you are suspected of money laundering, terrorist financing or an attempt to do so involving you personally or your account.
- We reserve the right to terminate your account at any time for any right set forth herein and/or applicable law without prior notice, but with the most expeditious notice by email.
- If you wish to terminate this Agreement, you must notify AnchorExchange at least three (3) business days in advance by emailing support@AnchorExchange.io
- Disclosure of Risks
- These Terms and the holding of Cryptoassets relationships do not create a fiduciary relationship between you and us.
- Your account is not a current, savings or other type of account and therefore not covered by insurance against losses.
- Cryptocurrencies are not legal tender. AnchorExchange is not a depository, and your AnchorExchange account is not a current account. Cryptoassets in your account are not insured in any jurisdiction by any deposit insurance system or securities investor protection company.
- Legislative and regulatory changes or actions at any level may adversely affect the use, transfer, exchange, and value of Cryptoassets. Transactions involving Cryptoassets may be irreversible and, accordingly, losses due to fraudulent or inadvertent transactions may not be recoverable. Any secured account we maintain for your benefit may not be sufficient to cover all losses you may have incurred.
- The value of your virtual currencies may result from the continued willingness of market participants to exchange virtual currencies for fiat or other virtual currencies. If such willingness is eliminated for any reason, it may result in a potential and complete loss of value of a particular virtual currency.
- The volatility and unpredictability of the price of virtual currencies may result in significant losses over a short period of time.
- The nature of Cryptoassets may lead to an increased risk of fraud or cyberattacks, including rollback attacks or blockchain restructurings. This means that any technological difficulties AnchorExchange faces may prevent access to or use of your Cryptoassets and/or cause their loss. Although AnchorExchange takes precautions to protect against cyber threats, some circumstances may result in loss or damage.
- In light of these risks mentioned herein, which are only some of the risks associated with using the Services and holding or trading Cryptoassets and do not constitute an exhaustive list of such risks, you should carefully consider whether holding or investing through Cryptoassets in general and/or using the Platform suits you given your financial situation and awareness of the risks.
- DISCLAIMER OF WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY
- EXCEPT FOR GUARANTEES EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, THE PLATFORM AND SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS, WITHOUT GUARANTEE OF ANY KIND. To the fullest extent permissible pursuant to applicable law, ANCHOREXCHANGE, on behalf of itself and its affiliates and their respective licensors and service providers, expressly disclaims, except to the extent we expressly hold ourselves responsible FOR THE PLATFORM AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, COURSE OF USAGE OR COURSE OF DEALING.
- Without limiting the foregoing, we do not guarantee or warrant, and make no representations whatsoever, that the Platform and Services will meet your requirements, achieve intended results, be compatible or work with other solutions SERVICES OPERATED WITHOUT INTERRUPTION WILL MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR ERRORS CAN OR WILL BE CORRECTED.
- NOTE: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF IMPLIED WARRANTIES OR THE LIMITATIONS OF APPLICABLE STATUTORY RIGHTS OF CONSUMERS. Some or all of the above exclusions and limitations may not apply to you.
- To the extent permitted by applicable law and subject to the exceptions provided herein. In no event shall AnchorExchange , its affiliates and partners or their respective officers, directors, agents, employees or representatives be liable for any lost profits or any special, incidental, indirect, intangible or consequential damages, whether based on contract, strict tort, negligence, strict liability or otherwise, arising out of or in connection with the authorized or unauthorized use of the Platform or this Agreement, even if AnchorExchange has been advised or knew or should have known of the possibility of such damages.
- You further agree to indemnify and hold AnchorExchange harmless from and against any and all losses, damages, costs, expenses (including reasonable attorneys’ fees), claims and liability arising to us from any of the following:
- the imposition of penalties against us based on the specifics of your jurisdiction’s Cryptoassets regulations;
- any illegal or unauthorized use of your account by you or any third party;
- if you fail to comply with your obligations or otherwise violate these Terms;
- due to interrupted communications and other interruptions or impediments beyond our control;
- if, in accordance with the Terms, your access to your account has been suspended;
- due to your breach of these Terms or your illegal conduct;
- due to the specifics of the legal requirements of your home jurisdiction regarding the turnover or taxation of virtual currency;
- in connection with other probable situations, the effects of which could not have been predicted by due diligence measures.
- To the extent permitted by applicable law, and subject to the exceptions provided herein, in no event will AnchorExchange , its affiliates and partners, or their respective officers, directors, agents, employees or representatives be liable to you for the amount of your funds in your Account at the time the Direct Losses occur.
- LEGAL PROCEEDINGS AFFECTING YOUR ACCOUNTS
- If legal action such as an attachment, garnishment, levy or other public legal process (hereinafter “Legal Process”) is brought against your account, we reserve the right to withhold (or limit) withdrawals or transfers from your account until the Legal Process is satisfied or dismissed.
- Regardless of the terms of the legal process, we reserve the right to make the first claim on all of your funds in your Account with AnchorExchange.
- We are under no obligation to oppose such legal proceedings on your behalf, and we reserve the right to take action to comply with the legal proceedings as we deem appropriate under the circumstances without liability to you.
- If we incur expenses in connection with legal proceedings, including but not limited to attorneys’ fees, we may charge you expenses and fees without prior notice and/or we may bill you directly for such expenses and fees.
- Any garnishment or levy on your account is subject to our right of set-off and security interest under any applicable court judgment.
- OTHER GENERAL TERMS AND CONDITIONS
- The current Agreement is deemed to be in effect from the moment you agree to it, and we accept you as a user by creating a relative account with AnchorExchange or having a contract with us.
- These Terms will be binding until your account or contract is terminated and all obligations by you under AnchorExchange products are fully satisfied.
- The current Terms are created and modified in English only. In the event of any translation discrepancies, the English version set forth herein shall prevail.
SECTION TWO. ANCHOREXCHANGE SERVICES.
PART 1. PLATFORM LOANS.
- LOAN TERMS.
“Loan” means a principal amount of funds secured by the Borrower with crypto/fiat collateral, issued by the Lender to the Platform Borrower and subject to the Borrower pursuant to the terms of the applicable Loan Agreement.
“Instant Loan” means a loan made to the Borrower from funds we receive from users of the Interest Account.
“Borrower” means a natural/legal person who has been verified as a User on the Platform and has entered into a Loan Agreement as a Borrower.
“Lender” means a natural/legal person who has entered into a Loan Agreement as a Lender.
“Loan Market” means the section of the Platform where you, either as a Lender or as a Borrower, can post your Loan Offers and Loan Applications accordingly.
“Loan Agreement” means a separate agreement entered into between the Borrower and the Lender on the Platform in accordance with the Terms and Conditions of the Platform.
“Loan Amount” shall mean the principal amount of such Loan provided to the Borrower pursuant to a Loan Agreement.
“Loan to Value” (hereinafter “LTV”) means the ratio of the Loan to the value of the Collateral.
“Loan Default” occurs when a Borrower fails to repay a Loan or otherwise breaches the terms of the applicable Loan Agreement.
- CONDITION OF YOUR LOAN AGREEMENT
- For purposes of this Agreement, a fiscal year is 360 days and a fiscal month is 30 days.
- Your minimum and maximum terms will be available to you on the Platform after you have logged into an appropriate section.
- We reserve the right to change the term limits stated herein at any time in our sole discretion.
- LENDING PROCEDURES
- If there are sufficient funds available in your Account after your verification on the Platform, you may submit a lender application. You will be notified by us once we have made a decision on your eligibility to become a lender.
- To make either a loan offer or a loan request, you must submit an appropriate application through the AnchorExchange platform, complete the form provided, and list the required information, including:
- Loan amount;
- Loan currency;
- Term of the loan;
- Desired collateral in the LTV ratio;
- Additional optional parameters provided in the loan agreement form.
All of the above parameters are subject to change at our sole discretion without prior notice to you.
- If you want to get a loan, you can either use an instant loan option, choose a loan offer that suits your needs from the loan offers, or make your own loan request on the credit market.
- When you select the instant loan option, your instant loan will be automatically tailored to your personal parameters. Generally, we will confirm your instant loan request automatically or it may take up to 24 (twenty-four) hours in some special cases.
- When registering a loan offer, you, as a lender, browse the credit market offers and conclude loan agreements as a lender at your own discretion, but according to the current terms and conditions.
- If you wish to act as a borrower, you must provide the necessary amount to be used as collateral. You must acknowledge that you may not borrow funds in an amount that exceeds LTV, the funds you have provided for collateral purposes.
- LOAN COLLATERAL
- Virtual currencies can be used as collateral for the loans issued in fiat currencies and stablecoins. Fiat currencies and stablecoins may be backed by virtual currencies; cryptoassets may be backed by fiat currencies and vice versa. Cryptoassets can also be backed by other cryptoassets.
- The list of funds that can be used for collateral is available in the relevant section after logging into the platform.
- The minimum loan amount, loan currency and collateral values are available in the relevant section after logging into the platform. We are entitled to change these parameters at any time at our sole discretion.
- You can add money by transferring it to your account at any time to change your LTV.
- While you are acting as a borrower, you are obliged to check the exchange rates in virtual currency to maintain the sufficient LTV ratio and act accordingly in case the collateral value decreases, increasing the LTV.
- The minimum amount of collateral shall be calculated on the basis of the LTV ratio. In any case, the Loan Amount shall not exceed the Collateral Percentage as defined in the LTV section of the Platform. We may change this rate at any time without prior notice to you, but will post this information on the Platform.
- You must add funds to your Account to increase the Collateral Amount for purposes of your applicable Loan Agreement if LTV exceeds the value required to maintain the Loan in good standing.
- Should the collateral value fall below the limit we have established, we will generally notify the borrower, who is obligated under the signed loan agreement to remedy the situation.
- Should you, as the borrower, fail to remedy the situation, we shall be entitled to convert your collateral into the currency of the loan agreement, repay the loan amount and interest to the lender, retain our own conversion commission in the amount set forth herein, and return the remaining funds to the borrower, if any.
- Liquidation of collateral shall occur in the event of loan default at the fees set forth herein. In such event, the Collateral will be automatically sold and the funds received for the sold Collateral will be transferred to the Lender, less our liquidation fees.
PART 2. INTEREST ACCOUNT
- DEFINITIONS OF INTEREST ACCOUNT
“AnchorExchange Interest Account” (hereinafter “Interest Account”) is an account for deposits in Cryptoassets that allows you to earn an annual percentage return on the listed Cryptoassets held in your Interest Account in accordance with these Terms. This is done through decentralized applications to which only you have access.
“Annual Percentage Return” (hereinafter “the APY”) means the real return earned on your Interest Account, taking into account the effects of compound interest.
- OPEN AN INTEREST ACCOUNT
- By opening an Interest Account, you agree that the terms and conditions contained herein will apply to your Interest Account.
- You hereby agree that these Terms shall apply to any existing Interest Account of yours maintained before, on or after the Effective Date.
- A list of available Cryptoassets that you must deposit on the Platform along with the APY is available in the Your Interest Account section after you log in.
- AnchorExchange reserves the right, at its sole discretion, to change, modify, add or remove any portion of the listed Cryptoassets and change their prices at any time. It is your responsibility to check these listed Cryptoassets and rates regularly for changes. All accounts opened prior to the change will remain in effect on the original terms and conditions.
- FUNDING YOUR INTEREST ACCOUNT
- You can deposit funds to your Interest Account by transferring funds from your account at AnchorExchange or your account on websites of AnchorExchange’s partners to the deposit address.
- As of the date of these Terms and Conditions, the minimum deposit limits may change in accordance with the current limits in force on the Platform. These limits can be viewed accordingly for each currency prior to making a deposit.
- Deposit transactions will be processed immediately. You are entitled to place orders at any time; withdrawals are possible at any time on a daily basis.
- You reserve the right to make full or partial withdrawals at any time, depending on the term of the contract. Your interest will be calculated daily as long as funds are available in your interest account and accrued interest will be added to the account balance on the first day of the following month, or in the case of flexible savings, added to the account balance each day.
- In any case, you reserve the right to withdraw all of your funds depending on the term of the contract (Timelock) and leave your balance at a zero rate. The APY calculation and provision can be set at the time of withdrawal.
- HOW YOUR INTEREST IS ACCRUED
- Interest is accrued daily at 14:00 UTC on a compound basis on all interest accounts that have a non-zero basis.
- An APY accrual transaction will be created with a status of “Pending” to be executed on the first day of the following month.
- HOW IS INTEREST PAID?
- Compounded APY will be credited to your interest account on the first day of the month at 15:00 UTC or daily, depending on the contract.
- Accrued APY will be calculated after the decimal point of the cryptoassets in the same currency as the deposit and paid in two digits. Any digits beyond that will be truncated. Once APY is credited to your interest account, you will earn APY on it in the coming months.
- DEPOSITS AND WITHDRAWALS
- You reserve the right to request deposits and withdrawals from your Interest Account to your Main Account at any time, but the operations will be carried out at the agreed time, as mentioned above. Accordingly, all incoming and outgoing transactions will be created with the status “Pending” and will remain in this status until the agreed time, and then they will be processed.
- You can have only one incoming and outgoing transaction related to a currency with the status “Pending”. If you try to create another one, you will receive an error message. To fix the situation, you need to cancel the pending transaction and create a new one under different conditions. There cannot be two pending transactions (one for input and one for output), only one of any type at a time.
WE RESERVE THE RIGHT TO CHANGE THE LIST OF PROPOSED SERVICES AND TO ADD OTHER SERVICES THAT MAY BE IN ADDITION TO THOSE MENTIONED HEREIN.
YOU WILL BE NOTIFIED BY E-MAIL AS SOON AS A NEW SERVICE APPEARS ON THE PLATFORM.
If you have any questions about these Terms, you may contact us at the following email: support@AnchorExchange.io
- Speculative services – other applicable guidelines:
- Nature and scope of the service
- Management, distribution and placement of the provided cryptocurrency(s) / digital assets / tokens on crypto floors
- Providing liquidity and trading systems on Decentralized and Centralized Exchanges.
- The Client authorizes the Contractor, within the scope of the management and exchange of the crypto assets, to switch them according to the potential increased exchange value, at its own discretion within the various crypto assets & exchanges. In case of an exchange between the different cryptocurrencies, the Contractor shall be entitled to exchange the transferred cryptocurrency at the relevant marketplaces into the cryptocurrency required for the exchange, if this is necessary. In doing so, the Contractor shall act in the best possible interests of the Client and shall safeguard the Client’s interests accordingly.
- (3) The Customer’s general right to information and notification shall be complied with within the scope of the Monthly Reporting. Once per quarter, there is a further extraordinary right to information free of charge.
- (4) The number of crypto assets to be managed is measured in the equivalent of BTC.
- (5) The implementation period is 3 business days.
- Freedom from instructions
- The Contractor shall not be subject to any instructions of the Client in the performance of the contract or in the execution of the activity assumed by it with regard to the time allocation and the design of the course of activities, also with regard to the selection and the allocation ratio, the time of entry into and exit from a trade as well as other specifics, unless this is stipulated by the nature of the order.
- Fulfillment of the order
- (1) The regular work of the Contractor shall be deemed to be fulfilled and accepted if the Customer does not raise objections immediately. The time, place, nature and extent of the defect must be described in detail.
- (2) The payment of the remuneration shall be made within the limits of the commercial profit calculated on the 31st day of each month, according to the percentage of profit distribution.
- (3) If the Customer justifiably complains about defects in the contractually agreed performance, the Contractor shall be obliged and entitled to rectify the defects.
- (4) With regard to the market situation, the Contractor reserves the right to temporarily suspend its service, provided that this is not opposed by substantial interests of the Customer.
- (5) The remuneration shall be made in each case according to the concluded contract or the applicable guidelines of the providers or contract terms, in cryptocurrency, or in FIAT – varies according to international practices.
- Exclusion of liability
- (1) The contracting parties hereby agree to exclude liability for damages caused by slight or gross negligence. The reversal of the burden of proof according to §1298 (para. 2) ABGB is thus expressly waived.
- (2) Furthermore, the Company shall not be liable for damages incurred by the Customer as a result of force majeure or similar events, which include, among others, “disruptions in the Blockchain”, disruption of the algorithm / change in another consensus system (e.g. “proof-of-stake”) or damage to the hardware. The Company shall use its best efforts to ensure the best and most effective use of the product or service provided to the Customer.
- (3) The Company shall not be liable for any possible downtime during the specified contract period of the provided Product described in Annex 1 of this Agreement.
- Trust and understood
- (1) The Client warrants to the Contractor that it is familiar with cryptocurrencies/assets/digital tokens (Bitcoin, Ethereum, NEO and others) and that it understands the nature and use of such cryptocurrencies. (Transactions, anti-counterfeiting of a blockchain, speculation, volatility, etc.).
- (2) The Company does not guarantee the profitability of the service or product at any time. The Customer acknowledges that based on the present Agreement, it has no claims against the Company for certain amounts of Coins, Tokens, Digital Assets, FIAT Money (£ – $ – €) , Cryptovalues and/or Cryptocurrencies and the Company does not guarantee to arrange any such payout or any value thereof. The Customer also acknowledges that the exchange rate risk of produced Coins depends on the actual price compared to a given fiat/cryptocurrency (the “Market Price Volatility” mentioned above).
- Termination of the contract
- (1) The Contractor reserves the right to immediately terminate and revoke an approved order or the entire contract. In the event Customer breaches the Contract and fails to cure such breach within thirty (30) calendar days from Contractor’s written notice to Customer. Such notice shall not affect Company’s right to recover damages or seek other economic compensation as a result of Customer’s breach. Further, Company reserves the right to immediately terminate and revoke any approved purchase order of Customer or the entire Agreement if Company:
- (2) No longer conducts any of its business activities enters into liquidation or initiates reorganization. Initiates negotiations with creditors for liquidation or for any other reason, brings about insolvency of the Company.
- (3) Termination and withdrawal under this section shall under no circumstances oblige the Company to pay compensation to the Customer and shall not limit the Company’s ability to claim damages or other economic compensation due to the event that justified the termination.
- (4) These provisions shall furthermore apply in the event that partner and/or subcontractors, in particular crypto exchanges (Exchanges), are unavailable, discontinue their service or become insolvent.
- Non-disclosure agreement and confidential information
- (1) The contracting parties mutually undertake to keep confidential information secret.
- (2) “Confidential Information” in the sense of Paragraph (1) shall be all economic, technological, scientific, patent and other internal information of the Contracting Parties concerning business strategies, property rights, development, production and use of information of the Contracting Parties which has already been communicated or will be communicated during the term of this Agreement.
- (3) Excluded from the obligation of secrecy shall be such information of a Contracting Party (a) which was already in the possession of the respective other Contracting Party prior to its transfer by this Contracting Party, (b) which was already publicly known at the time of its transfer, (c) which becomes generally known after its transfer by publication or in any other way, unless this occurs as a result of a breach by one of the Contracting Parties of the obligation of secrecy regulated in the present Agreement.
- Other provisions
- (1) Severability clause
Should any provision of this agreement be wholly or partially invalid or subsequently lose its legal effect, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the statutory provisions shall apply.
- (2) The present contract together with the appendices thereto constitutes the entire agreement of the contracting parties.
- (3) No subsidiary agreements, whether tacit, oral or written, have been made. Amendments or supplements to this contract for work and services shall only be effective if agreed in writing. This shall also apply to any amendment of this written form clause. Deviating from this, informally made changes or additions to this contract are also invalid if they are individual agreements in the sense of the ABGB. Individual agreements shall be excluded due to the difficulty of proof in the event of a dispute.
- (4) In all other respects, the provisions of the ABGB shall apply.
- (5) This Agreement has been executed in 2 copies.
- (6) Each page of the contract is to read, accept & sign.
- Speculative services – use of decentralized applications
- Type and scope of service
- Management, distribution and placement of the provided cryptocurrency(s) / digital assets / tokens in decentralized applications such as liquidity providing via smart contract.
- Provide liquidity and trading systems, as well as yield farming on decentralized exchanges via smart contracts.
- As the use of decentralized applications is outside the scope of AnchorExchange’s intervention, you must be aware that any interaction with decentralized applications carries inherent risks.
- Additional information
- The general information and notification right of the client is complied with as part of the analytic tool made available on the website. This can be called up and viewed at any time.
- The number of crypto assets provided as liquidity at is displayed directly after a block confirmation (approx. 3 seconds).
- Please note that there is no guarantee for a successful implementation and you may suffer a total loss at any time, as due to the constantly evolving technologies such as quantum computers or new encryption technologies, among others, gaps could form in the existing smart contracts.
- The above mentioned terms and conditions and the enclosed disclaimer apply.
- There is no commitment and adding/removing assets or liquidity is executable at any time. Directly by command in the blockchain or via the website.
- We reserve the right to adjust the GTCs and disclaimers.
AnchorExchange is operated by the companies mentioned in the legal notice. Depending on the service, you will enter into a contract with one of these companies. For more detailed information, please contact the support.