Terms

Please read these Terms of Service for AnchorWatch, Inc. (“AnchorWatch”, “we”, “us” or “our”) (together with our privacy policy found at anchorwatch.com/privacy-policy (the “Privacy Policy”, and collectively the “Terms of Service” or “Terms”) fully and carefully before using www.anchorwatch.com (the “Site”), our mobile applications for iOS and Android (each, an “App”), and the services, features, products, content or applications offered by AnchorWatch (together with the Site and the Apps, the “Services”).

1. Acceptance of Terms of Service

These Terms of Service are a binding contract between you and AnchorWatch. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site or downloading one or both of the Apps, you agree to and accept these Terms of Service and all other rules, policies and procedures that may be published from time to time on the Site or such Apps by us, each of which is incorporated by reference and each of which may be updated from time to time.

These Terms of Service apply to all users of the Services, registered or otherwise. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by reference. For example, additional terms and conditions may apply to you if you have purchased Insurance (as defined below); any such terms and conditions are hereby deemed a part of these Terms of Service.

We strive to improve our Services, and may need to change these Terms of Service. We reserve the right to change the Terms of Service at any time, in our sole discretion. If we do, we will notify you by posting a notice on the Site and/or sending you an electronic mail. If you disagree with the new Terms of Service, you are free to reject them; however, that means you will no longer be able to use the Services. If you use the Services after a change to the Terms takes effect, it means you agree to all the changes.

If you are using the Services on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that company, entity, or organization with the authority to bind such organization to these Terms, and agree to be bound by these Terms on behalf of such company, entity, or organization.

PLEASE NOTE: These Terms of Service cover important information about the Services and any charges, taxes, and fees that we bill you, and include information about limitations of liability, a class action waiver, and resolution of disputes through arbitration instead of in court. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

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Incorporated Terms; Order of Precedence. The Privacy Policy (available at anchorwatch.com/privacy) and, if you purchase or maintain an active insurance policy through AnchorWatch, the insurance policy, contract, and related disclosures and endorsements (collectively, the "Insurance Contract") are incorporated into these Terms by reference. We will make the current versions of these documents available through the Services or on the Site, including their effective dates. If you use Insured Services and there is a conflict between the Insurance Contract and these Terms, the Insurance Contract controls solely with respect to insurance coverage, claims, premiums, and policy-required procedures; these Terms otherwise control. If you use Uninsured Services, no Insurance Contract applies, and these Terms constitute the entire agreement between you and us with respect to those Services.

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2. About AnchorWatch and the Services

The Services comprise Bitcoin multi-signature cold storage wallets, designated as Trident Vaults (each, a “Vault”), facilitating the storage of Bitcoin. These Vaults permit combinations of you, third parties selected or approved by AnchorWatch (the “Institutional Key Holder”), and AnchorWatch, to hold Private Keys, as defined below for the purposes of this agreement: 

• “Authorized Signing Device” means an Approved Signing Device registered with AnchorWatch and authorized for use by a specific Customer under these Terms.
• A “Business Day” means any day other than a Saturday, Sunday, or a day on which commercial banks in Nashville, Tennessee, United States, are authorized or required by law to close.
• “Flagship Custody” means a Vault Configuration in which you control a Private Keyset required to authorize a Bitcoin transaction and AnchorWatch holds a separate Keyset that provides independent verification but not unilateral transaction authority.
• “Flagship Vault” means a Vault configured for Flagship Custody.
• “Institutional Key Holder” is an independent institution or entity that you and AnchorWatch authorize to hold and secure a Signing Device or Private Key Backup for purposes of providing Transaction Signatures.
• “Insured Key Holder” means any Key Holder using the Services while covered by an active Insurance Contract.
• “Insured Multi-Institution Custody (MIC) Services” means Multi-Institution Custody (MIC) Services provided while covered by an active Insurance Contract. In this configuration, the Customer holds no Private Keys, but the Bitcoin held in custody is insured under the Insurance Contract.
• “Insured Services” means any Services provided while covered by an active Insurance Contract, including Insured Key Holder Services and Insured MIC Services. Use of any Insured Service is conditioned on maintaining an active Insurance Contract with AnchorWatch, as set forth in Section About AnchorWatch and the Services of the Terms.
• “Key Holder” means a Customer who retains possession of at least one Private Key associated with their Vault. Key Holders are responsible for safeguarding their Private Keys and using only Approved Signing Devices, as further described in Section Use of the Services of the Terms.
• “Keyset” One or more Signing Devices that are cryptographically linked in a Multi-Signature Spending Condition. Keysets are used in Trident Vault and are used to satisfy the Spending Conditions within a Vault Layer and provide the verification that a Bitcoin Transaction is valid.
• “Layer” A Spending Condition within a Bitcoin Vault that has been configured optionally with a timelocked Spending Condition and one or more Multi-Signature rules. Once a Layer is activated by satisfying the requirements of its timelocked Spending Condition, it becomes permanently available for Bitcoin transactions.
• “Multi-Institution Custody (MIC)” means a Vault Configuration in which all Private Keys are held by AnchorWatch and one or more Institutional Key Holder, and no Private Key is held by the Customer. Withdrawals or transfers under MIC require verification of the Customer’s identity and coordinated authorization by AnchorWatch and the Institutional Key Holders, as defined in Section About AnchorWatch and the Services of the Terms.
• “Private Key(s)” means a unique cryptographic key that authorizes transactions and access to Bitcoin held within a Vault.
• “Recovery Partner” means an independent third-party institution (currently CoinCorner) authorized by AnchorWatch and/or the Customer to facilitate transaction signatures or account recovery procedures in the event AnchorWatch or an Institutional Key Holder is Offline or Unresponsive.
• “Recovery Script” means a pre-configured technical path that allows a user (or their beneficiary) to move Bitcoin after a specific time delay, even without AnchorWatch’s immediate signature.
• “Signing Device” is a dedicated device that stores and manages the Private Key material associated with your Vault. “Approved Signing Devices” are limited to the Coinkite COLDCARD MK4 or COLDCARD Q, Blockstream Jade or Jade+, and Ledger Nano S+Ledger Bitcoin hardware wallets. AnchorWatch reserves the right to amend this definition to include additional devices as it sees fit. Signing Devices require a Signing Device PIN to access and require that you verify on the Signing Device the amount of Bitcoin being sent and the destination where Bitcoin is being sent in a Transaction.
• “Signing Device Pin” is a secure numerical code used to authenticate access to a Signing Device. The authorization of transactions from a Vault requires a subset of Approved Signing Devices, the composition of which may be subject to alteration over time to accommodate scenarios such as the loss of one or more Private Keys or the expiration of an Insurance Contract.
• “Spending Condition” Keysets are used in Trident Vault and are used to satisfy the Spending Conditions within a Vault Layer and provide the verification that a Bitcoin Transaction is valid. AnchorWatch will endeavor to respond to all customer requests for transaction signatures after the customer has provided the necessary signatures using their signing devices within two business days; however, in situations where AnchorWatch has reasonable grounds to suspect the security of a customer’s Trident Vault has been compromised, AnchorWatch will not be obligated to adhere to these timeframes. 
• “Timelock” means a protocol-level constraint within a Bitcoin transaction that prevents the spending of Bitcoin until a specific time or block height has been reached, as configured in certain Vault Layers.
• “Transaction Signature” is a digital proof that a transaction has been authorized by a Signing Device associated with a specific bitcoin address. 
• “Trident” means the proprietary software platform, web interface, and mobile applications through which AnchorWatch provides the Services.
• “Trident Service Fee” is a monthly fee based on assets under custody to cover platform costs, independent of insurance coverage.
• “Uninsured Key Holder” means a Key Holder using the Services without an active Insurance Contract. Uninsured Key Holders bear full responsibility for the security and loss of their Private Keys and any associated Bitcoin, and AnchorWatch provides no reimbursement for such losses.
• “Uninsured Multi-Institution Custody (MIC) Services” means Multi-Institution Custody (MIC) Services provided without an active Insurance Contract. In this configuration, the Customer holds no Private Keys and bears all risk of loss. AnchorWatch disclaims liability for any loss, compromise, or inaccessibility of Bitcoin held under Uninsured MIC Services.
• “Uninsured Services” means any Services provided without an active Insurance Contract, including Uninsured Key Holder Services and Uninsured MIC Services. AnchorWatch does not provide insurance protection for losses under Uninsured Services. 
  
  • Acknowledgment of Risk for Uninsured Services. BY ELECTING TO USE AN UNINSURED SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (A) NO INSURANCE POLICY IS IN EFFECT; (B) ANCHORWATCH PROVIDES NO INDEMNIFICATION OR REIMBURSEMENT FOR THE LOSS, THEFT, OR INACCESSIBILITY OF BITCOIN; AND (C) YOU ASSUME ALL FINANCIAL AND LEGAL RISKS ASSOCIATED WITH THE CUSTODY OF YOUR ASSETS.
• “Vault” A type of Bitcoin Address with multiple Spending Conditions, which for the duration of this policy require Transaction Signatures from Our Keyset.
• “Vault Configuration” The Bitcoin spending conditions comprise a combination of Key Holders’ Private Keys set up to protect the Bitcoin owner from multiple perils/scenarios. The configuration of each Vault, determined at the sole discretion of AnchorWatch, permits a variable subset of Approved Signing Devices to authorize transactions. 
• “Whitelisted Address” means a destination Bitcoin address that you have previously verified and authorized within Trident for receiving outbound transfers from your Vault. For security purposes, adding or modifying a Whitelisted Address requires Your authorization and a specific security delay as configured in Trident. You are responsible for ensuring that all authorized addresses are correct before use.

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Use of any Insured Service is conditioned on your maintaining an active Insurance Contract with AnchorWatch, which is subject to separate terms and conditions incorporated herein by reference. Conversely, Uninsured Services do not require or provide insurance coverage and are governed solely by these Terms of Service and any applicable product-specific terms. The Services are not an exchange for buying, selling, or trading digital or virtual currency or assets (an “Exchange”), and AnchorWatch is not a bank or other financial institution. BY USING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE AND AGREE THAT (A) ANCHORWATCH IS NOT IN THE BUSINESS OF PROVIDING FINANCIAL, LEGAL, TAX, ACCOUNTING, OR INVESTMENT ADVICE OR SERVICES, AND (B) NONE OF THE SERVICES ARE INTENDED TO PROVIDE OR CONTAIN ANY SUCH ADVICE OR SERVICES. AnchorWatch urges you to consult a qualified professional for any such advice or service.

3. Eligibility

You must be at least 18 years of age to use the Services and have passed our KYC (Know Your Customer) verification process. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Certain Services may be subject to additional eligibility requirements. We reserve the right to impose or change specific eligibility criteria for different Services at any time. The Services are offered only for your own use, and not for the use or benefit of any third party.

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4. Account Registration

To access the Services, you will be required to register for an account on the Services (an “Account”) and undergo a KYC (Know Your Customer) verification process. To register an Account and complete the KYC process, you will be required to enter and verify personal information such as your first name, last name, email address, and additional documentation as required for identity verification and insurance underwriting purposes (collectively, “Account Information”). You promise to provide us with accurate, complete, and updated Account Information about yourself and/or the company, entity, or organization you represent. You are solely responsible for the activity that occurs on your Account, and for keeping your Account Information secure. You should never publish, distribute, or post login information for your Account. You may not use Account Information that you don’t have the right to use, or with the intent to impersonate another person. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorized use of your Account. You may not transfer your Account to anyone else without our prior written permission. You shall have the ability to delete your Account, either directly or through a request made to one of our employees. See Insurance Contract for insurance terms, conditions, coverage and exclusions.

5. Use of the Services

Content. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.

Notices and Restrictions. The Services’ entire contents, features, and functionality (including but not limited to all Content) are owned by AnchorWatch, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Any unauthorized use of any Content or materials in the Services is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

Use License. Subject to these Terms of Service, we grant each user of the Services a revocable, worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Services and the Content solely for personal or internal business purposes and only in accordance with these Terms of Service. Use, reproduction, modification, distribution or storage of any Services or Content for any other purpose is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Services or Content for commercial use or in any way that violates any third party right; provided that, for the avoidance of doubt, if you are an entity, you may use the Services solely for internal business purposes in accordance with these Terms.

License Grant. Subject to the terms and conditions of this Agreement, you hereby do and shall grant AnchorWatch a worldwide, non-exclusive, non-sublicensable (except for the purposes provided herein), royalty-free license to access and use your Account Information and any other information you provide us solely for the purpose of providing you the Services. Further, you hereby do and shall consent to AnchorWatch's collection, storage, and use of personally identifiable information, and to the transfer and hosting of such data on AnchorWatch's servers located in the United States and elsewhere in the world, in accordance with the foregoing license grant.

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Identity Verification and Data Processing. By using the Services, you consent to the collection, processing, retention, and sharing of identity verification data required to provide the Services, including but not limited to: (a) information you provide during the KYC (Know Your Customer) process, such as government-issued identification documents, proof of address, and related personal data; (b) video and audio recordings from verification calls conducted by AnchorWatch, Institutional Key Holders, or the Recovery Partner in connection with transaction authorization or recovery procedures; (c) device identifiers, IP addresses, and security signals collected during authentication; and (d) any additional documentation required to verify your identity or authority. You authorize AnchorWatch to share such data with third-party KYC and identity verification vendors, Institutional Key Holders, and the Recovery Partner as necessary to provide the Services, comply with applicable law, or respond to lawful requests from governmental authorities. AnchorWatch may transfer and store such data in the United States or other jurisdictions where AnchorWatch or its service providers maintain facilities. AnchorWatch will retain identity verification data for the duration required by applicable law, regulation, or policy, and as described in the Privacy Policy. For more information on how we collect, use, and protect your personal data, please see the Privacy Policy.

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Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

Private Keys. If you are a Key Holder (i.e. you retain at least one Private Key to your Vault),you hereby agree to strictly safeguard all private cryptographic keys, which shall be stored and managed through Authorized Signing Devices (hardware wallets). If you are using a Multi-Institution Custody arrangement, you acknowledge that all Private Keys for your Vault are held by AnchorWatch and its Institutional Key Holders on your behalf. It is expressly understood that AnchorWatch’s liability for any loss or mishandling of cryptographic keys shall be limited solely to those Private Keys under its direct control within specified configurations of the Vaults. Any Private Key not under AnchorWatch’s direct control, including keys held by you or by any Institutional Key Holder, remains the sole responsibility of the party that holds that key. Responsibility for the security of cryptographic keys stored on Authorized Signing Devices outside of AnchorWatch’s immediate purview shall rest entirely with you and the Institutional Key Holders.

In the occurrence of any security breach or suspicion of unauthorized use of the cryptographic keys on Authorized Signing Devices, it is required that you notify AnchorWatch without undue delay. Such notification shall enable AnchorWatch to take necessary and immediate remedial actions.

6. Vault Recovery

The Recovery Protocols may change from time to time and will be determined in the absolute discretion of AnchorWatch. Notwithstanding the foregoing, AnchorWatch shall bear no liability for any losses incurred as a result of the loss of Private Keys by you or Institutional Key Holders, or any actions or inactions by you or any Institutional Key Holders, except as expressly provided for in an applicable Insurance Contract. Accordingly, if you use an Uninsured Service, you assume full responsibility for any loss or inaccessibility of Bitcoin resulting from lost or compromised Private Keys. AnchorWatch assumes no liability for such losses, and no insurance coverage applies.

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Customer Loss of Private Keys. Subject to the configuration of the designated Vault, the loss of one or more Private Keys controlled by the customer you or other Key Holders you elected may result in varied authorization protocols for transactions (the “Recovery Protocols”). These protocols include, but are not limited to: (1) the ability for you to move funds unilaterally from your vault using a Recovery Script after the expiration of a timelock on any funds held in your Vault, (2) the allowance for transactions to be authorized upon necessary authorization from the Recovery Patnner and/or AnchorWatch. 

Flagship Custody Recovery Procedures. If your Vault is configured under a Flagship Custody arrangement, the Recovery Period is defined in your Trident Vault Configuration. The Recovery Period begins at the time specified in the Vault Configuration and may be based on your vault configuration, timelocks, or other recovery parameters selected by you.

Flagship Recovery is a customer-initiated process. You must independently initiate recovery transactions for Flagship Vaults, and CoinCorner serves as the designated Recovery Partner for all Flagship accounts. If recovery conditions have been met (for example, your Signing Devices are inaccessible), you must contact AnchorWatach at recovery@anchorwatch.com. In addition, you must complete CoinCorner's procedures, including but not limited to providing identifying information, recovery credentials, and any documents necessary to validate your authority.

AnchorWatch is a required signer in the Flagship recovery flow and does not control CoinCorner's verification timelines or procedures. AnchorWatch is not responsible for delays caused by customer inaction, institutional verification workflows, service provider downtime, or events outside AnchorWatch's reasonable control. You must ensure that all transaction details are accurate and that you maintain exclusive control over your recovery credentials. A recovery broadcast to an incorrect address may result in permanent loss of Bitcoin. No Institutional Key Holder may execute a recovery transaction unless all verification requirements have been satisfied.

Multi-Institutional Custody Recovery Procedures. For the purpose of these Terms and in alignment with AnchorWatch’s customer-facing policies, Institutional Key Holder is considered “Offline” when an Institutional Key Holder has not responded to your transaction request, or when your Trident account is inaccessible for reasons outside your reasonable control, or when you have been unable to communicate with an Institutional Key Holder representative for at least three (3) Business Days.

An Institutional Key Holder is considered “Unresponsive” when the Institutional Key Holder has scheduled a transaction-verification meeting with you and an Institutional Key Holder representative does not attend that meeting, and you do not receive any communication or update from the Institutional Key Holder through its designated support or communication channels following the missed meeting. If the Institutional Key Holder remains Unresponsive, you may initiate the recovery process in accordance with the procedures applicable to Institutional Key Holder Offline events, including initiating recovery by emailing CoinCorner at awrecovery@coincorner.com and copying recovery@anchorwatch.com.

AnchorWatch will not be considered Offline or Unresponsive if the communication issue is reasonably attributable to (i) your own systems or devices, (ii) your service providers, (iii) scheduled maintenance previously notified by AnchorWatch, or (iv) events outside AnchorWatch’s reasonable control.

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Before any recovery transaction may proceed, CoinCorner must independently verify that the Institutional Key Holder has been Offline or Unresponsive for at least three (3) consecutive Business Days. No Institutional Key Holder may sign or execute a recovery transaction without this independent verification.

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Institutional Key Holder Replacement Procedures. If an Institutional Key Holder becomes unable or unwilling to provide a required Transaction Signature, AnchorWatch may create a replacement Multi-Institutional Bitcoin Wallet designed to maintain the Multi-Institutional Custody model. Once AnchorWatch completes the required verification steps for your transaction request, you authorize AnchorWatch, together with an additional Institutional Key Holder, to transfer all Bitcoin in your Vault into the replacement wallet. This transfer may occur with or without applying Spending Procedures. If you refuse to authorize such a transfer when it is required to maintain custody security, AnchorWatch may suspend or terminate your access to the affected Vault. Institutional Key Holder Replacement Procedures do not modify or replace the terms of any Insurance Contract.

7. Restrictions on Use

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service that:

1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;

2. you know is false, misleading, untruthful or inaccurate;

3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;

4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);

5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;

6. charge, collect, pass through, or impose any fees (including service fees, “platform” fees, administrative fees, or markups) on any third party (including any individual or entity) in connection with access to or use of the Services, unless we have given our prior express written permission.

7. impersonates any person or entity, including any of our employees or representatives; or

8. includes anyone’s identification documents or sensitive financial information.

You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Certain Services may be subject to applicable United States export laws and regulations. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of any software in violation of any such restrictions, laws or regulations. By downloading or using the App or any other Services, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any United States-embargoed or restricted country.

We also reserve the right to access, read, preserve, and disclose any information as we believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

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8. Third Party Services and Materials

Third Party Services. The Services may permit or enable you to interact with other websites, services or resources on the internet or other mobile applications (“Third Party Services”), and other Third Party Services may contain, interact or integrate with the Services. When you access Third Party Services on the internet, you do so at your own risk. These Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Services.

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Third Party Materials. In connection with the Services, AnchorWatch may use, or may provide you with access to hardware devices, software, source code or other technology licensed to AnchorWatch from third parties, and which may be owned by such third parties (collectively, “Third Party Materials”). You acknowledge and agree that AnchorWatch does not make any warranties or guarantees regarding Third Party Materials and is not responsible for the operation or failure of any Third Party Materials, including without limitation the privacy practices, data security processes or other aspects related to Third Party Materials. You further acknowledge and agree that any Authorized Signing Devices are each subject to their own terms and conditions separate and apart from this Agreement. You agree to waive any claim against AnchorWatch with respect to such Third Party Materials and release AnchorWatch from any associated liability.

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9. Payments and Billing

Trident Service Fee (TSF). In accordance with the Terms, you shall incur a Trident Service Fee (TSF) amounting up to 0.36% of the annualized value of the Bitcoin deposited within one or more Vaults. This Services fee applies to all Vaults regardless of insurance status. You are responsible for all applicable service fees, including the TSF and any transaction fees, as set forth in these Terms. This fee is separate from and additional to any insurance premiums, taxes or other fees stipulated within the Insurance Contract. Such fee shall be due and payable each month after an invoice is generated on the 15th of said month and subsequently on a monthly basis, on the 15th of each month. The collection of this fee shall be billed to you directly. For the avoidance of doubt, any network fees required to broadcast a transaction to the Bitcoin Network are the sole responsibility of the Customer and are not included in the TSF or any other AnchorWatch fees.

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The Trident Service Fee for each billing period is calculated based on the value of assets being serviced in Trident Vault on a daily basis, using the AnchorWatch Reference Rate Price Index and the TSF billing rate. The AnchorWatch Reference Rate is determined each day by aggregating the notional value of Bitcoin trading activity across major Bitcoin spot exchanges. The AnchorWatch Reference Rate serves as a once-a-day recorded rate of the U.S. dollar price of Bitcoin (USD/BTC), calculated by Us as of 6:00 p.m. UTC. 

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You are obligated to settle the invoice by the 5th day of the following month. Failure to remit payment within this period may result in interest charges on the overdue amount at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower, until full payment is received.

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Contingent on the full payment of any owed Trident Service Fees, you will be able to send Bitcoin stored in a Vault or Vaults with the assistance of AnchorWatch one time per quarter without additional fee, starting on the first day of January, April, July and October. Additional outbound transactions per quarter incur a separate transaction fee up to $500, and are included on the monthly invoice that includes the TSF. Outbound transaction fees are billed for the prior quarter on the invoice sent to customers in January, April, July, and October.

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Please note that protections offered by AnchorWatch and their Recovery Partner vendors, including participating in transaction signatures, are only available while Insurance Premiums and TSF are paid. If the TSF owed for a particular Vault are more than 45 days delinquent, AnchorWatch will, regardless of the terms of your Insurance Contract, consider your Vault inactive and will not participate in transactions other than a transaction to send the complete contents of the Vault to the cancellation address documented in your insurance policy at the time of cancellation of your Insurance Contract. If you are using an Uninsured Service and your Trident Service Fees become more than 45 days overdue, AnchorWatch may likewise consider your Vault inactive and will cease to participate in any transactions for your Vault. In such a case, AnchorWatch may, in its sole discretion, require you to withdraw all Bitcoin from the Vault or facilitate a one-time transfer of the Vault’s entire contents to the cancellation address on record. You acknowledge that maintaining a Vault with delinquent fees (and without insurance) is done at your own risk and without any AnchorWatch protection, and you agree that you will not seek to hold AnchorWatch liable for any losses or adverse results arising from such inaction on your part.

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If you continue to use a Vault after the expiration of your Insurance Contract while TSF also continues to be delinquent, you acknowledge that you are doing so at your own risk, and without any protections from AnchorWatch or its Recovery Partner. You take full responsibility for any adverse results of the continued use of the Vault without the protections and warrants that had been provided on an active account. You covenant, warrant, and represent that you shall not seek to hold AnchorWatch liable for such adverse results.

Customers utilizing Insured Services are required to pay the one-time Onboarding Fee as part of the initial Vault setup. Customers utilizing Uninsured Services have the option to elect self-served onboarding.

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10. Conflicts of Interest

Occasions may arise where we, one of our associated companies, clients, or insurers, may have a potential conflict of interest with business being transacted for you. If this happens, and we become aware that a potential conflict exists, we will advise you of the potential conflict and explain how it has arisen. We will also take appropriate action to avoid any detriment to you.

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11. Products

Product Descriptions and Availability. Descriptions, images, references, features, content, specifications, products, prices, and availability of any Products made available through the Services are subject to change without notice. The inclusion of any Products on the Services at a particular time does not imply or warrant that these products will be available at any time. Products and services may be offered in both insured and uninsured formats, or under alternative custody models. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product on the Services; to bar any user from making any or all purchases; or to refuse to provide any user with any product.

Pricing. Prices and fees do not include any taxes, which will be noted in the payment terms presented to you during the checkout process. See Insurance Contract for insurance pricing details. The Trident Service Fee and Insurance Premiums are billed separately. For Uninsured Services, no Insurance Premium will be charged; however, all standard fees for the product, such as the Trident Service Fee and any applicable transaction fees, will still apply to your use of the Service.

Your Legal Obligations. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any Product purchased through the Services. By placing an order, you represent that the Products ordered will be used only in a lawful manner. See Insurance Contract for insurance customer conditions.

Customer Service. If you have any questions about a particular Product, or you have questions about shipping, returns, or refunds, please contact us at hello@anchorwatch.com.

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12. Custody Spending Procedures

Flagship Custody Spending Procedures. Under any custody arrangement, all outbound Bitcoin transactions from a Vault must follow all spending procedures requested by AnchorWatch. These spending procedures do not modify or replace the terms of any Insurance Contract. If you are using an Insured Service, any conflict between these procedures and the Insurance Contract will be resolved in favor of the Insurance Contract

Multi-Institutional Custody (MIC) Spending Procedures. Under a Multi-Institution Custody arrangement, all outbound Bitcoin transactions from that Vault must  follow all spending procedures requested by AnchorWatch. A registered YubiKey hardware device must be utilized to authenticate the Client’s identity to initiate a transaction. The Client is solely responsible for maintaining exclusive physical control and security of the YubiKey. Any attempt to bypass this hardware requirement is strictly prohibited and will result in transaction rejection. These Multi-Institutional Custody spending procedures do not modify or replace the terms of any Insurance Contract. If you are using an Insured Service, any conflict between these procedures and the Insurance Contract will be resolved in favor of the Insurance Contract.

13. Account Beneficiary 

In the event of a covered loss under any insurance contract issued by AnchorWatch (the “Insurance Contract”), AnchorWatch will disburse insurance claim benefit proceeds as stipulated in the Insurance Contract to the Insured customer. The Account Beneficiary is designated by the insured customer during the application process, or by the uninsured customer during account creation. In the event of the customer’s death, the designated Beneficiary will be used to facilitate recovery of assets through the inheritance protocol, as described in Section Death of the Customer; Transfer of Bitcoin via Inheritance Protocol of the Terms.

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14.  Account Access by Third Parties

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AnchorWatch will grant third parties access to your Account as follows:

●  In the event of your death (or dissolution in the case of a legal entity), AnchorWatch will grant access to your Account Beneficiary, including your Recovery Script, which is the person (the “Beneficiary”) you designate in the Application. See the Section entitled Death of the Customer; Transfer of Bitcoin for more details. 

●  We will grant access to an agent acting pursuant to a valid power of attorney executed by you, provided that such agent provides all information required by AnchorWatch, which may include (i) a request for access to your account from the agent in writing; (ii) an original of the power of attorney that gives the agent specific authority over your AnchorWatch account or general authority to act on your behalf; (iii) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; (iv) verification of AnchorWatch account information by the agent, and (v) such other information required by AnchorWatch to grant access to the agent; and provided further, that AnchorWatch may require your agent to pay AnchorWatch fees for such access.

●  You may change your Beneficiary at any time. It is your sole responsibility to ensure that the Beneficiary is a person whom you wish to have access and control of Your Account in the event of your death, and AnchorWatch shall have no liability to you or any person or entity for any actions taken by the Beneficiary with respect to your Account, Recovery Key, bitcoin and/or Vaults. You agree to indemnify and hold AnchorWatch harmless from any and all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and the cost of enforcing any right to indemnification hereunder which AnchorWatch may incur as a result of AnchorWatch’s reliance upon instructions from you, including but not limited to your instructions as to the Beneficiary in the Insurance Application. Section entitled Products shall be binding on your Beneficiary, executors, trustees, administrators, heirs, and assigns. 

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For the avoidance of doubt, in the event of a dispute over which third parties are entitled to the AnchorWatch account, AnchorWatch shall have unfettered discretion to make such determination and will in no event be liable for such decision. This Section shall be binding on your executors, administrators, heirs, and assigns.

15. Death of the Customer; Transfer of Bitcoin via Inheritance Protocol

In the event of the death of the individual using AnchorWatch Services (the “Customer”):

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Recognition of Account Beneficiaries. The Customer is responsible for designating Account Beneficiary(ies) and Secondary Account Beneficiary(ies) and their contact info during Account creation, for purposes of transferring any bitcoin held in the deceased Customer’s Trident Vault in the case of the account owner’s death. If Account Beneficiaries are also deceased, any transfer of a Customer’s Vault assets will be handled in accordance with applicable law and Section Disputed or Conflicting Claims of the Terms. AnchorWatch, and if applicable, Institutional Key Holders, will require the Account Beneficiary to complete a verification form and provide standard proof of death (e.g., a certified death certificate) and any additional documentation outlined in these Terms, required by law, or otherwise requested by AnchorWatch to confirm the identity of the Account Beneficiary(ies).

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Inheritance Procedures. The AnchorWatch Inheritance Procedures do not require an insurance contract. Subject to receipt of all required documentation and completion of AnchorWatch’s standard verification procedures, AnchorWatch will facilitate the transfer of the Trident Vault holdings (the “Bitcoin”) to the named Account Beneficiary(ies), subject to the conditions and limitations set forth herein. AnchorWatch reserves the right to hold or restrict the distribution of such Bitcoin if it is notified of a pending legal dispute or other challenge to the rightful ownership of the Trident Vault, as further described below.

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Minor Beneficiaries.  If an Account beneficiary is a minor or is otherwise legally incapacitated at the time of the Insured’s death, AnchorWatch will facilitate Account transfer to a court-appointed estate, guardian, trustee, or as otherwise required by applicable law. 

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Default Beneficiary.  If no Account Beneficiary is named or if all designated Account Beneficiaries predecease the Insured or the Customer, and no Secondary Beneficiary exists, AnchorWatch will facilitate Account transfer to the customer’s estate, or in accordance with the law of the applicable jurisdiction.

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16. Disputed or Conflicting Claims.

Court Orders and Legal Process. If AnchorWatch receives notice—through a court order, summons, or other valid legal process—that ownership or entitlement to the Bitcoin in a Trident Vault is disputed, AnchorWatch reserves the right to (i) suspend any distribution or transfer of such Bitcoin; and (ii) continue to hold or “freeze” the Trident Vault until AnchorWatch receives (A) a final order from a court of competent jurisdiction or (B) a mutually agreed written settlement signed by all claimants establishing who is entitled to the Bitcoin. AnchorWatch will comply with any final order or judgment and, upon doing so, shall have no further liability to any party in connection with those Bitcoin.  AnchorWatch complies with all applicable laws regarding beneficiary rights, including community property laws, court orders, judgments and decrees.

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Cease-and-Desist Letters or Informal Notices.  From an Attorney Representing a Non-Named Beneficiary. If AnchorWatch receives a cease‐and‐desist letter or other written notice from an attorney purporting to represent an individual who is not listed as a Beneficiary in the Insurance Contract or the Account documentation, AnchorWatch shall have the discretion to request evidence that a formal legal proceeding is pending or imminent (e.g., a filed complaint, petition to probate a will, or other court filing). Absent receipt of such evidence or a court order, AnchorWatch is not obligated to suspend or alter its standard payout or distribution procedures but may do so at its sole discretion if it determines there is a credible basis for a dispute.

From a Non-Lawyer Individual Claiming to Be a Beneficiary. If AnchorWatch receives a cease‐and‐desist letter or other written notice from any individual not represented by counsel who claims a right to the deceased Insured’s Trident Vault but who is not named in the Insurance Contract or the Account documentation, AnchorWatch, at its discretion, may require that individual to provide proof of a pending court action or other substantial evidence of a valid legal claim. Absent such proof, AnchorWatch will generally not suspend or alter payout and transfer procedures. However, AnchorWatch reserves the right to impose a temporary hold if, in AnchorWatch’s judgment, it appears reasonably likely that a legal challenge is forthcoming or that a court order is imminent.

No Liability for Good-Faith Actions.  AnchorWatch shall not be liable for any delay, loss, or damage arising out of its good‐faith compliance with (i) any court order or other legal process, (ii) formal or informal notices regarding alleged rights to the Bitcoin, or (iii) any decision to suspend or release the Bitcoin upon receiving (or not receiving) documentation AnchorWatch, in its sole discretion, deems sufficient. In the event of conflicting instructions or claims, AnchorWatch shall have the unfettered discretion to take any actions it deems advisable to protect itself and the rightful owners of the Bitcoin, including freezing the Trident Vault until the dispute is resolved by final court order or mutual settlement.

Binding on Estates and Successors. The provisions of this Section are binding upon your estate, Beneficiaries, executors, administrators, heirs, and assigns, as well as on any individuals or entities claiming rights in or to the Bitcoin in your Trident Vault.

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17. Termination & Cancellation

Subject to the Insurance Contract (if one is in effect) and state insurance regulations, we may terminate your access to all or any part of the Services at any time, with or without cause, with notice by email, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership, provided, however, that we shall retain all records and data as required by the Insurance Contract, applicable law, and our record retention policies. Subject to the Insurance Contract (if applicable), if you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. 

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Insurance Cancelation.  See Insurance Contract for details on canceling an insurance policy, including details regarding free look period and calculations for return of premium. Other than as specifically provided for on an applicable Insurance Contract, any fees paid hereunder the Insurance Contract are non-refundable. 

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Trident Service Fee (TSF) Cancellation. If you wish to cancel your Trident Vault subscription and stop the accrual of the Trident Service Fee, you must provide notice through the Services or by emailing hello@anchorwatch.com. Cancellation of the TSF is subject to your Vault being deemed inactive, which requires the removal of all Bitcoin from the Vault or a one-time transfer of the Vault’s entire contents to your cancellation address on record. You remain responsible for all TSF amounts accrued through the date the Vault is emptied and confirmed inactive.

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Survival. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

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18. Warranty Disclaimer

Except as provided in the Insurance Contract, AnchorWatch has no special relationship with or fiduciary duty to you. For the avoidance of doubt, if you are using an Uninsured Service, no Insurance Contract exists to modify these disclaimers. You acknowledge that the Services are provided 'AS IS' and AnchorWatch expressly disclaims all warranties and fiduciary duties to the fullest extent permitted by law, including no duty to take any action regarding:

      1. which users gain access to the Services;

      2. what Content you access via the Services; or

      3. how you may interpret or use the Content.

You acknowledge that Bitcoin, and platforms and marketplaces for the same, involve significant financial, legal, and other risks (collectively, “Risks”). You further acknowledge and agree that (a) you are solely responsible for learning about such Risks; (b) AnchorWatch shall have no responsibility to alert you about any Risks; and (c) any information relating to Bitcoin, platforms and marketplaces for same, and Risks that are provided by AnchorWatch or its representatives in connection with the Services is for informational purposes only, and shall under no circumstances be construed as advice or direction of any kind.

You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

SUBJECT TO THE INSURANCE CONTRACT, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

THE INSURANCE PURCHASED FROM US IS COVERED BY AN INSURANCE CONTRACT. ANY AND ALL WARRANTIES CONTAINED IN THE INSURANCE CONTRACT ARE INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE. TO THE EXTENT THERE IS A CONFLICT BETWEEN THE TERMS OF THE INSURANCE CONTRACT AND THESE TERMS OF SERVICE, THE TERMS OF THE INSURANCE CONTRACT WILL GOVERN WITH RESPECT TO ANCHORWATCH SERVICES.

THIRD PARTY PRODUCTS PURCHASED BY YOU THROUGH THE SERVICES ARE NOT OUR PRODUCTS, AND WE DISCLAIM ANY AND ALL WARRANTIES RELATED TO SUCH THIRD PARTY PRODUCTS. EACH THIRD PARTY PRODUCT PROVIDER IS FULLY RESPONSIBLE FOR THE THIRD PARTY PRODUCTS SOLD THROUGH THE SERVICES. YOU WAIVE AND RELEASE US FROM ANY AND ALL INJURIES, DAMAGES, CLAIMS, LIABILITIES, AND COSTS SUCH THIRD PARTY PRODUCTS MAY CAUSE YOU TO SUFFER ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF ANY THIRD PARTY PRODUCT PROVIDER IN CONNECTION WITH SUCH PROVIDER’S THIRD PARTY PRODUCTS. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF ANY THIRD PARTY OR THIRD PARTY PRODUCTS. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCTS AND CONTENT OF THIRD PARTY PRODUCT PROVIDERS OR ANY OTHER THIRD PARTIES. YOUR PURCHASE AND USE OF THIRD PARTY PRODUCTS IS SOLELY AT YOUR OWN RISK.

19. Indemnification

Except as provided in an applicable Insurance Contract, you shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from any and all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or AnchorWatch Products, or otherwise from your submitted Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. Users of Uninsured Services are not covered by any such exceptions and agree to fully indemnify, defend, and hold AnchorWatch harmless against all claims and liabilities as set forth in this Section. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

20. Limitation of Liability

EXCEPT AS PROVIDED IN THE INSURANCE CONTRACT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR PRODUCTS (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) AS APPLICABLE, (1) fees paid to us for the particular Services during the immediately previous three (3) month period or (2) AMOUNTS paid to us for products purchased through the services that constitute the subject matter of the claim, or (B) $500.00. If you are using an Uninsured Service, you acknowledge and agree that no insurance protection is available for any loss of your Bitcoin, and that AnchorWatch’s liability for such loss is therefore limited to the fullest extent permitted by law as set forth above.

21. Arbitration Clause & Class Action Waiver

IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration. Definitions. For purposes of this Section and Section 22 (Governing Law; Limited Court Proceedings), a "Dispute" means any dispute, claim, or controversy between you and us arising out of or relating to these Terms of Service, your use of the Services, your relationship with us, or any aspect of your Account or Vault, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

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Arbitration. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 22 (GOVERNING LAW; LIMITED COURT PROCEEDINGS), YOU AGREE THAT ALL DISPUTES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

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As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding.

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This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services.

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22. Governing Law and Jurisdiction

These Terms and any Dispute (defined in Section 21) are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Except as expressly permitted in Section 21 (Arbitration), the state and federal courts located in Tennessee will have exclusive jurisdiction over (a) any action seeking temporary, preliminary, or permanent injunctive or other equitable relief to protect a party's intellectual property, Confidential Information, or the security or integrity of the Services; (b) any small-claims matter eligible for small-claims court; and (c) any action to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on an arbitral award. Each party consents to personal jurisdiction and venue in those courts for such limited purposes.

23. Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service. We also reserve the right, in our sole discretion, to change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. In the case that we make changes to these Terms of Service, we will provide you with notification by sending the updated terms to the contact email that you provide when setting up your Account. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.[AG5] 

24. Miscellaneous

Entire Agreement and Severability. For users of Uninsured Services, these Terms of Service alone constitute the entire agreement between you and us. These Terms of Service and the Insurance Contract are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to legal@anchorwatch.com. 

No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Headings. The Section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

Contact. You may contact us at the following address: legal@anchorwatch.com

AnchorWatch

5016 Centennial Blvd Ste 200

Nashville, TN 37209

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