Terms of Service

Last updated: December 5, 2023

Everything you need to know about our applications and services and how to use them to take control of your personal privacy and cyber safety.

About these Terms

The following Terms of Service (“TOS”) can feel like a legal document, because it is. Here’s the summary:

• We believe that privacy and anonymity are crucial components of the modern Internet.
• We mandate that our users use our applications and services in a lawful and respectful way. We refer to this as “responsible anonymity”. We describe some counterexamples in the “Certain Restrictions” section below.
• Like many other services, we include fair use clauses to protect us from users who try to misuse the service for other than its intended use. We describe what that is in the “Fair Usage Policy” section below.
• When a user’s activity in our applications and services no longer meets our definition of responsible anonymity, we are committed to taking actions such as limiting or suspending use of our services and responding to legitimate requests from law enforcement agencies. We refer to this as “anonymity with recourse”.
• You acknowledge that the applications and services we make are ours and we acknowledge that the content you create is yours.
• We put words in here to protect us from, or comply with local, regional, or international law.
• Finally, because offering telephony services is a heavily regulated industry, we have to tell you things like “don’t use our Applications for a 911 emergency service” which may be evident to you already.

At Anonyome Labs, Inc. (“Anonyome”, “we”, “us”, or “our”) we refer to our websites, including https://anonyome.com, https://sudoplatform.com, https://mysudo.com and https://support.mysudo.com (the “Websites”), our mobile applications (each an “Application”) and online services (“Services”). If you are going to use our Services, you must agree to the provisions of this TOS to protect both you and us. If you use our Services, this TOS applies to that use, but here are some of the points about the Websites, Applications, and Services that you should be particularly aware of:

• The TOS includes a class action waiver and waiver of jury trials and requires binding arbitration on an individual basis to resolve disputes relating in any way to your use of the Services. By entering into the TOS, you are waiving your right to seek relief in a court of law. See below for additional information.
• Our Services may allow you to create one or more digital identities, which we call “Sudo identities”. We encrypt all content sent from and received by your Sudo. The ONLY decryption key is stored on your mobile device, meaning we cannot associate your Sudo with your Personally Identifiable Information unless you decide to share that information with us.
• You can use the Services and your Sudo identities as long as you follow the rules herein. Our Services are for lawful, proper and appropriate purposes only. Criminal activity through our Services is expressly prohibited. We will terminate your use of our Services if you violate these rules.
• If you subscribe to certain Paid Services (as defined in the “Fees” section) for a term (the “Initial Term”), then the term will be automatically renewed for additional periods of the same duration as the Initial Term at our then-current fee for such Paid Services, unless you opt out of the auto-renewal in accordance with the section entitled “Fees” below.
• We provide communication services, such as email, that consume storage space on our servers. You may be provided with the option to purchase additional storage entitlements.
• We own everything we have produced for the Website, the Application, the Services, the Software (defined below) and any information, data, text, software, music, sound, photographs, graphics, videos, messages, tags or other materials (“Content”) available on the Application, Website or in the Services (collectively, the “Anonyome Properties”). Use of these Anonyome Properties without our permission by any third party is expressly prohibited. This excludes any data or other content you upload to our Services.
• You use the Services at your own risk, and we aren’t responsible or liable for any problems that might arise from your use of the Services. We do not make any warranties about our Services. If lawfully determined we are liable for something, our liability is limited as described below.
• All voice calls and messages sent or received through the Application use a Wi-Fi or 3G/4G/5G internet connection and not your cellular minutes or text message allotments. You are solely responsible for any overages with your cellular provider.

In addition, we may link to or present additional terms for certain Services which we refer to as “Supplemental Terms” for such Services (and those Supplemental Terms, together with these TOS, are referred to in this agreement as the “Terms”). Those Supplemental Terms will take precedent if there is any conflict between the Supplemental Terms and these TOS. To use the Services, you must be of legal age to form a binding contract and you must have the authority to enter into these Terms on behalf of yourself (“you”).

Use of the Anonyome Properties

Applications
Subject to your compliance with these Terms, Anonyome grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of an Application solely for your own personal use on a mobile device or computer that you control. Furthermore, with respect to any Application accessed through or downloaded from a mobile app store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on a product authorized to run the mobile operating system (e.g. iOS or Android) and (ii) as permitted by the “Usage Rules” set forth in the mobile app store’s Terms of Service (e.g. only use the mobile app store for the country in which you live).

Software
Subject to the terms and conditions herein, Anonyome grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the software made available via the Website (“Software”) for the sole purpose of enabling you to use the Services. Some Software may be offered under an open-source license that we will make available to you.

Certain Restrictions
You may not interfere with or attempt to interfere with the proper functioning of the Anonyome Properties. You will not engage in or attempt to engage in any potentially harmful acts that are directed against the Anonyome Properties.

You may not use our Applications or Services in a way that:

(a) violates any applicable law, rule or regulation, or any order of a court.

(b) engages in any other activities that:

(1) are tortious, libelous, defamatory, deceptive, criminal misinformation or otherwise determined by Anonyome as objectionable.

(2) are harmful or exploitative of minors in any way.

(3) stalk, or promote discrimination, hatred, harassment or harm against any individual or group.

(4) are abusive, exploitative, violent or threatening or hate speech;

(c) impersonates another person.

(d) otherwise provides information about, encourages, or assists any third party in doing any of the foregoing activities.

(e) attempts to evade, bypass or break security mechanisms on any of the Applications or Services or using the Applications or Services in any other manner that poses a risk to Anonyome or any of its users.

(f) attempts to reverse-engineer the Applications or Services in order to find limitation, vulnerabilities, or evade filtering capabilities.

(g) transmits any material that contains viruses, trojan horses, worms, or any other malicious, harmful, or deleterious programs.

(h) involves launching or facilitating, whether intentionally or unintentionally, a denial-of-service attack on any of the Services or any other conduct that adversely impacts the availability, reliability or stability of the Services.

If Anonyome believes that criminal or other prohibited activity has occurred or is occurring, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We refer to this as “anonymity with recourse”. Any unauthorized use of the Anonyome Properties terminates the rights and licenses granted by Anonyome pursuant to the Terms.

Ownership
Except with respect to content provided by you (“Your Content”), you agree that Anonyome and our suppliers and service providers own all rights, title and interest in the Anonyome Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Anonyome Properties.

Supplemental Terms: Applications

You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g. the mobile app store (“App Store”). You acknowledge that these Terms are between you and Anonyome and not with the mobile app store. Anonyome, not the mobile app store, is solely responsible for the Application and Services, the content thereof, maintenance, support services, and warranty thereof and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). You also agree to pay all fees (if any) charged by the mobile app store in connection with the Application or Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of service (e.g. the mobile app store’s terms and policies) when using the Application and the Services. You acknowledge that the mobile app store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.

Account Inactivity
Inactive accounts may be removed after a period of inactivity not less than 90 days. In this context, inactive is defined as:

• Not maintaining an active, paid subscription;
• Not opening the Application; and
• Not using the Application’s capabilities offered on its free plan.

Removal of an account includes its Sudo digital identities and their associated:

• Contacts;
• Communication assets including telephone numbers and email addresses;
• SMS/MMS messages;
• Call history;
• Voicemail recordings;
• Email messages; and
• Virtual Cards and transaction history.

Supplemental Terms: Virtual Cards

The following terms apply to your use of virtual cards in the Applications.

Availability
The Virtual Cards capability is not available in all locations in which the Applications are offered. At this time, the Virtual Cards capability is only offered to users who live in the United States and possess a funding source issued by a United States institution. By using this capability, you represent and warrant that you meet these eligibility requirements.

Users Under the Age of 21
The Virtual Cards capability is not intended for people under 21 years of age. We will not knowingly provide access to the Virtual Cards capability to people under 21 years of age. If we learn that we have collected or received personal data from a person under 21 years of age, we will delete that information. If you believe we might have any information from or about a person under 21 years of age, please contact us at support@anonyome.com.

Identity Verification
In order to comply with US government regulations to limit the risk of fraud, money laundering and funding of terrorist activities, eligible users will be required to provide their accurate and up-to-date legal identity information. We will verify the information you provide with a third party provider, IDology, before you are able to use the Virtual Cards capability. At a minimum, you will be asked to provide your first name, last name, street address, postal code and date of birth. In some cases, additional information may be required, namely images of a government issued identification document, such as a government issued driver’s license. You may not provide false, inaccurate or misleading information. You may not provide personal information of another person. The personal information you provide will be retained in the Services for your time using the Services, plus an additional five years following your use of the Services to meet regulatory and compliance requirements.

You must not share your account with another person. If you do, you remain responsible for all transactions, fees and payments that result from activity on your account.

Creating Virtual Cards
You must configure at least one funding source in your account, as the means to pay for the transactions you perform using your virtual cards. The currently accepted types of funding sources are credit cards and debit cards issued by a US financial institution, and US bank accounts capable of ACH transactions. You agree that you are the owner of all funding sources associated with your account and are authorized to make payments from that funding source. By adding a funding source to your account, you agree that Anonyome Labs is authorized to charge that funding source in accordance with these Terms of Service. If your funding source is a bank account, you will be required to agree to an ACH authorization before your funding source is active.

You are responsible for keeping your funding source information current on the Service and with sufficient funds to cover your purchases. If you do not, such as not updating a funding source after its expiry date or account closure, another funding source associated with your account will be used instead. If no other funding source is available in your account, transactions using your virtual cards will be declined and your accesses to the Services may be suspended.

We transmit information to a PCI DSS Level 1 certified third-party processor to process transactions funded by your funding source. Your funding source information such as credit or debit card number or bank account details is never transmitted through or stored in our Services. In order to charge your funding source when you use your virtual card, we store a payment token corresponding to your funding source in our PCI DSS Level 1 certified Services.

Using Virtual Cards
You are financially responsible for each transaction made using your virtual cards.

When a virtual card is used, we charge a fee for providing the Service. The fee is charged at the same time as the merchant charge. The original purchase amount of a transaction and the fee are charged in a single transaction on your funding source. The exact fee you will be charged is shown in the Applications that offer virtual cards.

Merchants may charge your virtual card when you are off-line, such as when a merchant bills you for a periodic subscription to their products and services. You agree to us storing a payment token corresponding to each of your funding sources for these transactions.

A merchant may split your purchase into multiple transactions, such as when items are available, dispatched or shipped at different times. In these cases which result in multiple charges to your virtual card, there will be a corresponding number of charges to your funding source, each incorporating the fee as described at the beginning of this section.

A merchant may charge your virtual card for more than the original purchase amount, such as when you change your order after it is placed, update your shipping address or add a tip or gratuity. In these cases, we will charge your funding source for the full amount charged to your virtual card plus the fee as described at the beginning of this section.

Transactions on your funding source will be prefixed with “MySudo” and contain additional information identifying the virtual card the transaction relates to. As a privacy measure, the name of the merchant with which you used the virtual card does not appear in the transaction description on your funding source. Transactions visible in the Application serve as your confirmation of a transaction with a merchant. This includes authorizations, debits and refunds. You are solely responsible for preserving this information in a way that meets your requirements and responsibilities under the law.

If a transaction is partially or fully refunded, the money will be refunded to your funding source that was associated with your virtual card at the time the transaction was made. Refunds normally take 5-10 business days.

Virtual cards can only be used with merchants located in the United States. Virtual card transactions will be charged in United States dollars (USD) only.

You must not use virtual cards:

• In a deceptive manner or to commit fraud;
• To violate, or assist in the violation of any law, statute, regulation;
• To violate, or assist in the violation of a sanctions program administered by the U.S. Department of Treasury Office of Foreign Assets Control (OFAC) or Financial Crimes Enforcement Network (FinCEN); or
• With businesses or services in these categories: gambling, betting, lotteries, cash disbursement, quasi-cash, cryptocurrency, money transfer, foreign currency exchange, securities, pornography, dating and escort services, firearms, alcohol and liquor, telemarketing, multi-level marketing or any illegal activities.

In addition to these terms, you agree that purchases made using virtual cards are subject to the merchant’s terms and conditions. When purchasing from merchants you agree that Anonyome Labs is not an involved party in, and assumes no liability for, any aspects of any transactions and interactions between you and the merchant.

To manage the risk of fraud and money laundering, we may limit the volume or total amount of transactions in a time period. These limits are subject to review, increase or decrease at our sole discretion.

Disputes and Chargebacks
If you experience a problem with a merchant when you use your virtual card, you must resolve any issue with the merchant directly. By using the Applications and Services, you expressly agree that all merchant specific disputes will be handled between you and the merchant directly.

Disputing a charge with your bank for a virtual card transaction is filing a dispute against Anonyome Labs, Inc. and will not resolve any dispute with the merchant you purchased from when using your virtual card. Anonyome Labs, Inc is the card issuer for purchases completed with a virtual card. Anonyome Labs, Inc is the card issuer for purchases completed with a virtual card. If you file a chargeback or ACH dispute against Anonyome Labs, Inc that Anonyome Labs, Inc contests and wins (i.e. you lose the chargeback) you will be charged a $25 chargeback processing fee. There is no chargeback processing fee if you win a contested chargeback.  The chargeback processing fees will be charged to a funding source that you have configured in the Application.

You remain financially responsible for each of your disputed transactions or charge backs until a dispute or chargeback refund has been processed.

If we observe an excessive number of disputes or chargebacks resulting from your virtual card activity, we may establish additional conditions on your account, including suspending or terminating your use of our Services.

Prevention of Fraud, Money Laundering and Funding of Terrorist Activities
We are committed to ensuring that our Services are used responsibly and in a lawful manner. We refer to this as “responsible anonymity”. We use preventative measures, such as identity verification and limiting where virtual cards can be used, as well as automated analysis of virtual card transactions and other activity to identify potential incidences of fraud, money laundering and the funding of terrorist activities. In some cases, we may suspend an account, which will result in future transactions on the virtual cards being declined. We are committed to work with our users to understand and resolve issues with accounts being suspended incorrectly.

Not a Bank
Anonyome Labs is not a bank and does not offer banking services.

Supplemental Terms: Fair Usage Policy

You agree that you will not, under any circumstances engage in any of the following activities, and acknowledge that at its sole discretion, we may suspend or terminate your use of the Applications and Services for violating these fair usage conditions:

You agree that you will not, under any circumstances engage in any of the following activities:

• Using the Applications for unsolicited marketing, advertising, affiliate marketing or lead generation services, including those that violate consent, anti-spam or do-not-call laws and regulations in the United States or the location of the recipient of the communication.
• Using the Applications to send content that is illegal in the United States or the location of the recipient of the communication.
• Using the Applications or Services for offering loans, credit repair, debt relief or debt collection.
• Using the Applications or Services for the purpose of engaging in an activity in connection with any adult entertainment industry purpose, regardless of whether such activity is lawfully permitted.
• Continuing to communicate with an individual after they have withdrawn their consent for ongoing communications.
• Using the Applications for call center operations.
• Using the Applications or Services to harvest or otherwise collect information about others, including email addresses or phone numbers.
• Using the Applications or Services to conduct surveys, contests or pyramid schemes.
• Using the Applications to misrepresent your identity.
• Re-selling your entitlements in the Applications, including but not restricted to call minutes, messages and virtual cards.
• Sharing your entitlements in the Applications with other users.
• Calling numbers (whether individually, sequentially, or automatically/”robo-dialing”) to generate income for yourself or others resulting from placing the call.
• Sending email messages purporting to be from a Sudo email address from external mail services, e.g., online marketing or email automation platforms.
• Creating Sudo identities with email addresses to generate income for yourself or others as a result of placing the email addresses on email distribution lists.
• Creating Sudo identities with telephone numbers to generate income or credits for yourself or others as a result of placing these telephone numbers on distribution lists or for referral in other applications.
• Unusual telephony or email patterns inconsistent with normal, individual subscription use— for example, sending messages to a high number of recipients, messaging or calling the same destination number repeatedly, calls not consisting of uninterrupted live human voice, initiating a high number of short duration or unanswered calls, provisioning a high number of telephone numbers or creating a high volume of email accounts in a short period of time.
• Creating virtual cards or performing transactions to test card behaviors.
• Creating virtual cards to repeatedly exploit a referral program, free trial, or introductory offer program, or violate the terms and conditions of a merchant.
• Using virtual cards for fraudulent activities with a merchant.
• Using virtual cards in a manner that Visa, MasterCard, or any other electronic funds transfer network reasonably believes to be an abuse of the card system or its rules.

Interactions

User Responsibility
You are solely responsible for your interactions with other third parties through the Services. Anonyome makes no representations or warranties as to the conduct of users of the Applications and Services. YOU ACKNOWLEDGE AND AGREE THAT ANONYOME AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS (COLLECTIVELY, THE “ANONYOME PARTIES”) ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ANONYOME PARTIES LIABLE, FOR THE ACTIONS OF ANY USER.

Release
You hereby release the Anonyome Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any use of the Anonyome Properties, Applications, or any interactions with or conduct of other users of the Anonyome Properties or third party websites of any kind arising in connection with or as a result of these Terms or your use of the Anonyome Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Indemnification
You agree to indemnify and hold the Anonyome Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your violation of the Terms; (b) your violation of any rights of another party, or (c) your violation of any applicable laws, rules or regulations. Anonyome reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Anonyome in asserting any available defenses. You agree that the provisions in this section will survive any termination of the Services or these Terms.

Limitation of Liability

DISCLAIMER OF CERTAIN DAMAGES
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANONYOME PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ANONYOME PROPERTIES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, THIS TOS, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ANONYOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ON ANY THEORY OF LIABILITY. NOTWITHSTANDING THE FOREGOING, ANONYOME DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ANY ANONYOME PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN ANONYOME PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

CAP ON LIABILITY
UNDER NO CIRCUMSTANCES WILL ANONYOME PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY ANONYOME AS A RESULT OF YOUR USE OF ANONYOME PROPERTIES IN THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM. IF YOU HAVE NOT PAID ANONYOME ANY AMOUNTS IN SUCH PERIOD, ANONYOME’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50). NOTWITHSTANDING THE FOREGOING, ANONYOME DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ANY ANONYOME PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN ANONYOME PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

BASIS OF THE BARGAIN
YOU AGREE THAT THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ANONYOME AND YOU.

EXCLUSION OF DAMAGES
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury

Please read this section (“Arbitration Agreement”) carefully. It is part of your contract with Anonyome and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. By agreeing to arbitration, you are waiving your right to seek relief in a court of law.

i. Applicability of Arbitration Agreement. You acknowledge and agree that any dispute or claim relating in any way to your use of the Websites, Applications or Services, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claim(s) qualify. Notwithstanding the foregoing, you agree that you will not bring any class action claims in small claims court. The Federal Arbitration Act and federal arbitration law apply to this Agreement.

ii. Waiver of Jury Trial. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.

iii. Commencement of Arbitration Proceeding. To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Anonyome Labs, Inc., 32 West 200 South #315, Salt Lake City, UT 84101. The arbitration will be conducted by JAMS under its rules. JAMS’ rules are available at www.jamsadr.com. Payment of all filing, administration and arbitrator fees will be governed by the JAMS’ rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Anonyome will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

iv. No Class Actions. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.