Terms of Service

Welcome to BTC Now. BTC Now Inc. (“BTC Now,” “we,” “us,” or “our”) sells Bitcoin that it owns to retail buyers at a fixed price over time through Bitcoin Purchase Agreements (“BPAs” or “Agreements”). Under a BPA, a buyer has a fixed purchase price for a specified amount of Bitcoin that it has the right to obtain when the full purchase price is paid. BTC Now only offers BPAs to sell Bitcoin it already owns.

The BTC Now website (www.btcnow.com), mobile application, and related services (collectively, the “Platform”) are how you learn about the Program, apply for an offer, enter into a BPA, make payments, access records, request servicing, and exercise rights under a BPA. BTC Now is the seller. The Platform is not a marketplace, exchange, trading venue, or service that matches buyers with third-party sellers.

These Terms of Service (the “Terms”) govern your use of the Platform. Our Privacy Policy and E-SIGN Consent also apply. If you enter into a BPA, the BPA, its Purchase Summary, and any applicable State-Specific Addendum govern your purchase and control if they conflict with these Terms regarding the purchase.

By accessing or using the Platform, you acknowledge that you have read and understand these Terms and the Policy, represent that you have the legal authority to enter into this agreement, and agree to be legally bound by these Terms. If you do not agree, do not use the Platform.

1. What BTC Now Does

BTC Now sells Bitcoin that it owns to retail customers in a deferred sale that provides for delivery of the Bitcoin when the full purchase price is paid. BTC Now does not advance funds to you, locate Bitcoin from another seller, or operate a marketplace or exchange.

Before making an offer, BTC Now reviews your eligibility. You are eligible if you meet BTC Now’s identity, KYC/CIP, sanctions, fraud, residency, age, legal-capacity, and other threshold Program requirements.

BTC Now administers and services each BPA. Your BPA contains the complete purchase terms.

BTC Now is the seller—not a bank, broker-dealer, investment adviser, marketplace, or digital asset exchange. Nothing on the Platform is investment, legal, or tax advice or a recommendation to buy, hold, or sell Bitcoin or any other asset. You are responsible for deciding whether a BPA is appropriate for you.

2. Who Can Use the Platform

To use the Platform:

• be 18 years old;
• be a natural person acting for yourself and not for a business or another person
• reside in the United States and have a valid Social Security number or Individual Taxpayer Identification Number;
• have legal capacity to enter into a binding contract; and
• use the Platform only in a state where BTC Now makes its services available.

You may maintain only one BTC Now profile. You must provide accurate, complete, and current information and promptly update it when it changes. Before BTC Now may present or complete an offer, you must satisfy the applicable eligibility requirements, which may include identity verification, age and residency requirements, acting on your own behalf, KYC/CIP requirements, sanctions and fraud screening, supported-account requirements, and other legal or Program requirements.

3. These Terms and your BPA

These Terms govern your access to and use of the Platform. They do not establish the specific terms of a Bitcoin purchase. Those terms are contained in the separate Bitcoin Purchase Agreement (“BPA” or “Agreement”) you sign, including its Purchase Summary and any applicable State-Specific Addendum.

If these Terms conflict with your BPA regarding a purchase, the BPA controls. If a State-Specific Addendum conflicts with the BPA or these Terms, the State-Specific Addendum controls to the extent stated in that addendum. Nothing in an update to these Terms changes the material terms of a BPA you have already signed.

Capitalized terms not defined in these Terms have the meanings given to them in the applicable BPA.

4. Eligibility and Offers

If you meet the eligibility requirements, you may receive an offer.

Eligibility is dependent upon meeting the threshold requirements to participate in the Program. With your authorization, BTC Now may verify your identity, complete KYC/CIP, sanctions and fraud screening, confirm other Program requirements. We do not pull your credit or consumer report data to determine eligibility.

BTC Now makes offers only against Bitcoin it already owns and when sufficient inventory is available. When BTC Now presents an offer, the related Bitcoin is reserved for that offer until you enter into the BPA or the offer expires. The offer states the proposed Bitcoin Amount, fixed Purchase Price, payment amount, term, and expiration time. If the offer expires, the Bitcoin is released from the reservation, and any later offer may contain different terms.

BTC Now may decide not to make an offer, including when you do not meet the Eligibility requirements, sufficient information or supported account connectivity is unavailable, or sufficient Bitcoin inventory is unavailable. BTC Now may also stop presenting offers to someone who repeatedly requests offers without entering into a BPA or who previously received an offer or held a BPA, subject to applicable law.

BTC Now does not make eligibility or offer decisions on a basis prohibited by law. If applicable law requires a notice concerning an application, BTC Now will provide it. BTC Now does not furnish BPA payment history to consumer reporting agencies.

5. Your Bitcoin Purchase Agreement

If you accept an offer, you will sign a BPA stating your Bitcoin Amount, fixed Purchase Price, payment amount, term, and other purchase terms. The Purchase Price does not change when Bitcoin’s market price changes.

A BPA gives you contractual rights to the specified Bitcoin. You do not own the Bitcoin until it is delivered when the Purchase Price is paid as provided in the BPA.

6. The BTC Now Bitcoin Trust

When you enter into a BPA, the Bitcoin Amount is moved to a Dedicated Wallet at a regulated third-party custodian. The BTC Now Bitcoin Trust holds legal title to that Bitcoin until it is delivered or the BPA is otherwise resolved. Your BPA contains the complete terms governing the Bitcoin Trust, custody, title, the Dedicated Wallet, delivery, termination and refunds, and controls if it conflicts with the Terms.

7. Payments and Payment Authorization

Your BPA explains the amount and timing of your payments and the payment methods available to you. All payments under a BPA must be made in U.S. dollars using a payment method BTC Now makes available through the Platform. BTC Now does not accept Bitcoin, another digital asset, or another currency as payment under a BPA. Your first payment is generally made by ACH from a bank account you connect. Later payments may be made by ACH, wire, or another method offered through the Platform. BTC Now does not accept payment cards unless we expressly make that option available.

When you enable AutoPay or select an ACH payment in the Platform, you authorize BTC Now and its payment processor to debit the connected account for the amount and on the date displayed before you confirm. The authorization for your first payment is included in the BPA. You may turn AutoPay off or change your connected bank account through the Platform. To stop a payment that has already been scheduled, notify us through the Platform or at support@btcnow.com at least three business days before the scheduled debit. You may also contact your bank.

BTC Now does not charge a fee for a returned or failed payment. You may make additional payments or pay the full Purchase Price early without a prepayment fee or penalty. Extra payments are applied as described in your BPA and may allow you to complete the BPA and receive delivery sooner.

8. Transferring Your Bitcoin Purchase Agreement

You may ask to transfer your BPA to another natural person as described in the BPA. A transfer is not automatic. BTC Now may approve or reject a proposed transfer in its discretion, subject to applicable law.

The proposed recipient must be eligible for a BPA and payment authorization, subject to any aggregate limits stated in the BPA. The proposed recipient must also complete all required documentation, payment authorizations, acknowledgments, and acceptance procedures. If BTC Now approves the transfer and all transfer requirements are completed, the recipient will assume the BPA with the same Purchase Price and other existing purchase terms, and the original buyer will be released from further obligations under that BPA.

The proposed recipient must pay the transfer fee, if any, stated in the BPA. A requested transfer is not effective until BTC Now confirms that it has been approved and completed. The BPA controls if it conflicts with this Section.

9. Termination and Refunds

Your BPA governs what happens if you choose to stop making payments or if a payment remains unpaid beyond the period stated in the BPA. In general, you may stop making payments without owing BTC Now the unpaid portion of the Purchase Price. BTC Now will sell the Bitcoin Amount held for you within 2 days of the end of the termination date to cover the Purchase Price. You may be entitled to a Refund, according to the terms in the BPA.

The BPA—not these Terms—controls the Termination terms, Refund calculation, timing, and any amount due to you.

10. Electronic Records and Signatures

You agree to conduct business with us electronically as described in the E-SIGN Consent presented through the Platform. This includes receiving agreements, disclosures, notices, and other records electronically and using electronic signatures. You may request free paper copies or withdraw consent as provided in the E-SIGN Consent, although withdrawing consent may limit your ability to use certain Platform features.

A signed BPA may be maintained as a single official electronic original, sometimes called the “authoritative copy,” in a secure electronic vault maintained by or for the person that holds the BPA. Other copies provided to you are duplicates for your records. Maintenance of an authoritative copy helps identify the holder entitled to transfer or modify the electronic record. It does not change your rights, Purchase Price, payment terms, or rights relating to the Bitcoin under your BPA.

11. Your Profile and Security

You are responsible for keeping your username, password, authentication credentials, devices, and connected accounts secure. You are responsible for activity conducted through your profile to the extent permitted by law. You should regularly log into the Platform to monitor for unauthorized activity. Notify us promptly at support@btcnow.com if you believe your profile, credentials, or connected account has been accessed or used without authorization.

BTC Now may use multi-factor authentication to increase the security of your account by requiring entry of a one-time passcode or similar verification step. We may suspend or restrict access when reasonably necessary to protect you, other users, BTC Now, or the Platform; investigate suspected fraud or misuse; comply with law; or address a security or operational issue. Restricting Platform access does not, by itself, terminate or change an existing BPA.

12. Acceptable Use

You may use the Platform only for lawful, personal purposes and in accordance with these Terms. You may not:

• provide false, misleading, or incomplete information;
• impersonate another person or use another person’s identity, profile, bank account, or wallet without authorization;
• use the Platform for fraud, money laundering, sanctions evasion, or any other unlawful activity;
• misrepresent your location, identity, or satisfaction of any eligibility requirement for the Program or a service;
• interfere with, disrupt, probe, or circumvent the Platform or its security controls;
• access another person’s profile or data without authorization;
• introduce malware or other harmful code;
• scrape or use automated means to access the Platform without our written permission; or
• copy, modify, reverse engineer, or attempt to derive the source code of the Platform, except where applicable law prohibits that restriction.

13. BTC Now Content and Intellectual Property

The Platform and its software, design, text, graphics, data compilations, trademarks, service marks, logos, and other content are owned by BTC Now or its licensors and are protected by applicable intellectual-property laws.

Subject to these Terms, BTC Now grants you a limited, personal, nonexclusive, nontransferable, revocable license to use the Platform for its intended purpose. This license does not permit commercial use, resale, distribution, modification, or creation of derivative works. You may not use the BTC Now name or marks without our prior written permission.

If you provide suggestions, ideas, or feedback about the Platform, you thereby assign to BTC Now any and all of your right, title, and interest in and to any such feedback, ideas, or suggestions. You agree that BTC Now may disclose, reproduce, modify, and otherwise use them without restriction or compensation to you.

Copyright Notice

If you believe that content you own has been copied or made accessible through the Platform in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) by contacting us at the address in Section 23.

14. Third-Party Sites and Services

These Terms are only applicable to the Site and do not apply to any third-party websites. The Platform and BTC Now’s services rely on third-party providers, which may include a qualified Bitcoin custodian, identity-verification and bank-connection providers, payment processors, electronic-vault providers, and other vendors. A third party’s separate terms and privacy policy may apply to services it provides directly to you.

BTC Now is not responsible for third-party websites or services except to the extent responsibility cannot be excluded under applicable law or BTC Now expressly assumes responsibility in your BPA. Links to third-party sites are provided for convenience and do not constitute an endorsement. BTC Now has no control over the content on such third-party sites.

15. Bitcoin Risks

Bitcoin involves substantial risk. Before entering into a BPA, you should understand and accept that:

• Bitcoin is volatile. Its market price may rise or fall significantly, potentially to zero. BTC Now does not promise that Bitcoin will retain or increase its value.
• Your Purchase Price is fixed. If Bitcoin’s market price falls, the Purchase Price and payment terms under your BPA do not change. The Bitcoin you ultimately receive may be worth less than the amount you paid.
• Bitcoin may be cheaper elsewhere. The Purchase Price under a BPA may be higher than the current market price for the same Bitcoin purchased outright through another provider.
• There are no margin calls. A decline in Bitcoin’s value will not cause BTC Now to demand additional payments or liquidate the Bitcoin solely because of the price decline.
• You do not own the Bitcoin before delivery. Until the requirements of the BPA are satisfied and title is transferred, you have contractual rights under the BPA, not ownership of the Bitcoin in the Dedicated Wallet.
• Bitcoin is not insured like a bank or securities account. Bitcoin and your BTC Now profile are not bank deposits and are not insured by the Federal Deposit Insurance Corporation or protected by the Securities Investor Protection Corporation.
• Blockchain transfers are generally irreversible. An incorrect wallet address, lost credentials, security failure, or unauthorized transaction may result in permanent loss.
• You are responsible after delivery. Once Bitcoin is delivered, you are solely responsible for your wallet, credentials, security practices, transfers, and continued access. BTC Now generally cannot recover Bitcoin sent to the wrong address or restore access to a wallet.
• Technology and third parties create risk. Custodians, wallet infrastructure, payment systems, electronic vaults, networks, and other providers may experience outages, cyber incidents, insolvency, or operational failures.
• The law may change. Laws and regulatory treatment concerning Bitcoin and digital assets continue to develop and may affect the Platform, availability of services, taxation, or your ability to use or transfer Bitcoin.
• Taxes are your responsibility. Entering into a BPA and buying, receiving, holding, transferring, or selling Bitcoin may have tax consequences. BTC Now does not provide tax advice. Consult a qualified tax professional.

Additional information appears in your BPA and any Bitcoin Risk Disclosure provided to you.

16. Referral Program

BTC Now may offer a referral program subject to separate referral-program terms displayed when you participate. The referral program and related information are handled as described in Section 9 of the Policy. Rewards are available only for legitimate referrals. We may withhold, cancel, or reverse a reward involving fraud, self-referral, manipulation, or other misuse. We may change or end the referral program prospectively at any time. A referral reward does not change a person’s eligibility determination, Bitcoin Amount, Purchase Price, or other BPA terms.

17. Technical Data and Cookies

We may collect technical information and use certain technologies, including cookies and pixel technology, to collect and analyze data relating to the provision, use, and performance of the Platform and related systems. This data may include your IP address, unique device identifier, domain server, browser type and version, time zone setting, operating system, access time, pages visited, referring pages, and clickstream data. For more information about cookies and similar technologies, see Section 5 of the Privacy Policy. By using the Platform, you consent to our collection of this data as described in the Privacy Policy.

18. Disclaimers and Liability

Nothing in these Terms limits liability that cannot lawfully be limited or excludes rights or remedies that cannot lawfully be waived. Nothing in this Section limits your express rights under a BPA. Some jurisdictions do not permit certain exclusions or limitations, so some of the foregoing may not apply to you.

To the extent permitted by law, you agree to indemnify, defend, and hold harmless BTC Now and its affiliates, officers, directors, employees, and agents from and against third-party claims, losses, liabilities, judgments, awards, obligations, costs, expenses, and reasonable attorneys’ fees arising from or relating to (i) your breach of these Terms; (ii) your violation of any third party’s rights, including intellectual property and privacy rights; (iii) your violation of applicable law; (iv) information or content you submit, post, transmit, or otherwise make available through the Platform; or (v) any claim that content you provide caused damage or loss to a third party. This defense and indemnification obligation will survive your use of the Platform and any termination of these Terms.

19. Resolving Disputes

Please read this section on resolving disputes carefully. It explains how disputes may be resolved and requires claims to be brought individually.

If you have a concern, contact disputes@btcnow.com first and describe what happened and the relief you are requesting. We will try to resolve the issue informally.

If we cannot resolve a dispute informally, you may choose, when the dispute arises, to pursue the claim in arbitration or in court. Arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules. BTC Now will pay the filing fee and arbitrator compensation to the extent stated in those rules or required by applicable law. You may choose an in-person, telephone, video, or documents-only proceeding to the extent the rules permit. Either party may bring an eligible individual claim in small claims court.

Whether a claim proceeds in arbitration or court, you and BTC Now agree to bring claims only in your or its individual capacity and not as a plaintiff, claimant, or class member in a class, collective, consolidated, coordinated, mass, or representative action, to the fullest extent permitted by law.

You may opt out of the arbitration option by emailing disputes@btcnow.com within 60 days after you first accept these Terms. Include your name, mailing address, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms or your access to the Platform.

If you choose court and applicable law permits the parties to select venue, a lawsuit must be filed in a state or federal court located in your state of residence. This Section survives termination of these Terms.

20. Governing Law

These Terms are governed by the law of the State of Delaware and applicable United States federal law, without regard to conflict-of-law principles, except to the extent another law must apply and cannot be waived.

21. Changes to These Terms or the Platform

We may update these Terms or change the Platform from time to time. We will post the updated Terms with a new effective date. If a change is material, we will provide notice before it takes effect through the Platform, by email, or by another reasonable method.

Your continued use of the Platform after updated Terms take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Platform. An update to these Terms does not alter the fixed Purchase Price, Bitcoin Amount, payment amount, term, or other material terms of a BPA you already signed.

We may suspend, restrict, or discontinue some or all Platform features as permitted by law. Ending your access to the Platform does not, by itself, terminate an existing BPA. Records associated with an existing BPA will remain available through your profile or by requesting copies from us, subject to applicable law and operational availability.

22. General Terms

These Terms, the Privacy Policy, and the E-SIGN Consent constitute the entire agreement concerning your use of the Platform. For a Bitcoin purchase, your BPA, Purchase Summary, and any State-Specific Addendum also apply as described in Section 3 and are not superseded or amended by these Terms.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect, and the affected provision will be enforced to the greatest extent permitted by law. A failure to enforce a provision is not a waiver.

You may not assign these Terms without BTC Now’s written consent. BTC Now may assign these Terms without notice to you or your consent. No assignment changes your rights under an existing BPA except as the BPA permits.

BTC Now is not responsible for delay or failure to perform its obligations caused by events beyond its reasonable control, not due to BTC Now’s own fault or negligence or that of its contractors or representatives, and which cannot be overcome by the exercise of due diligence, including natural disasters, war, terrorism, labor disputes, utility or internet failures, blockchain congestion or disruption, government action, change in any law or regulation, or failure of a third-party provider, except to the extent applicable law provides otherwise.

We may send notices through the Platform, by email, or using the contact information associated with your profile. You are responsible for keeping that information current.

If you access the Platform through Apple’s App Store or Google Play, the applicable app store is not a party to these Terms and is not responsible for supporting the Platform. Apple may enforce these Terms as a third-party beneficiary to the extent required by Apple’s applicable terms.

California Users

Complaints may be directed to the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Florida Users

Florida residents may use the Platform only if BTC Now makes the applicable service available in Florida and the resident satisfies the applicable eligibility requirements in these Terms and the BPA. Nothing in these Terms waives any nonwaivable right or remedy available under Florida law.

BTC Now does not provide virtual-currency kiosk transactions through the Platform. Disclosures that Florida law requires specifically for a virtual-currency kiosk transaction do not describe the BPA service covered by these Terms. If BTC Now later offers a separately regulated Florida service, any additional disclosures, receipts, transaction limits, refund rights, or complaint procedures required for that service will be provided when and where applicable.

Questions or complaints from Florida residents should first be directed to support@btcnow.com or disputes@btcnow.com, as applicable. If a BTC Now service is regulated by the Florida Office of Financial Regulation, you may also obtain regulator contact and complaint information at www.flofr.gov.

Texas Users

Texas residents may use the Platform only if BTC Now makes the applicable service available in Texas and the resident satisfies the applicable eligibility requirements in these Terms and the BPA. Nothing in these Terms waives any nonwaivable right or remedy available under Texas law.

23. How to Contact Us

BTC Now Inc.
919 North Market Street, Suite 406
Wilmington, Delaware 19801

General help and account questions: support@btcnow.com
Disputes: disputes@btcnow.com
Privacy inquiries: support@btcnow.com

Your BPA controls the terms of any Bitcoin purchase. These Terms govern your use of the Platform. BTC Now does not provide investment, legal, or tax advice.

See also our Privacy Policy.