Terms of Service
Last updated: August 11, 2021
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”).
We may change, add, or delete portions of these Terms at any time on a going-forward basis. Your use or continued use of the Websites, Applications the Services (including following the posting of any changes to these Terms) constitutes your acceptance of these Terms and any associated changes. We may also require you to provide consent to the updated Terms in a specified manner before further use of the Websites, Applications or Services is permitted.
Creating your Sudo
In addition, Anonyome may require you to: (a) accept updates to the Application; or (b) update third-party software from time to time in order to use the Anonyome Properties.
You understand that the technical processing and transmission of the Services and Content may involve: (a) transmissions over various third-party networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We cannot control and we are not responsible for any such networks or third parties, even if such third parties are engaged by us to help provide the Services.
Sudo Contact Information
You understand and agree that our Services issue, at your request, an email address and/or a phone number (each, a “Communication Line”) for each Sudo. You agree that you are not the owner of any Communication Line or any other number assigned to you by the Services. All Communication Lines are provided “as is” and Anonyome makes no warranty, representation or guarantee that any telephone number will be usable or “clean” when assigned or anytime thereafter, and you understand and agree that Anonyome may from time to time at its sole discretion change the Communication Lines assigned to you. In very rare circumstances, a Communication Line may become unusable due to upstream carrier conditions. In these cases, Anonyome will allow you to select a replacement Communication Line.
Use of the Anonyome Properties
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 single 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.
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.
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.
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.
Where offered, your subscription to Paid Services will continue indefinitely until terminated in accordance with this Section. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew on the first day following the end of such period (each, a “Renewal Commencement Date”) and continue for an equivalent period, at Anonyome’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature until you cancel your subscription in the mobile app store. By subscribing, you authorize Anonyome or its agent, e.g. Apple or Google, to charge the payment method on file (e.g. Mastercard or Visa) directly or indirectly, now, and again at the beginning of any subsequent subscription period. If you cancel your subscription, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires.
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.
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:
- 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: Sudo Telephony Services
The following terms apply to your use of the telephony services in the Applications.
Calls placed and received to/from phone numbers in the United States and other countries are routed through and provided by various regulated and licensed partners. You shall be solely liable for any calls and/or content sent or received through the Application (including but not limited to misdirected calls and wrong number calls). You may not create a false Caller ID identity (“ID spoofing”) header.
No Access to Emergency Services
DO NOT USE THE SERVICE TO CALL 911 OR OTHER EMERGENCY SERVICES. YOU MUST MAKE ALTERNATIVE ARRANGEMENTS TO PLACE 911 CALLS USING YOUR LANDLINE, MOBILE OR CELL PHONE AND CANNOT RELY ON THE SERVICE FOR 911 CALLING CAPABILITY. You agree that Anonyome, its directors, officers, employees, subsidiaries and assigns may not be held liable for any claim, damage, or loss (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third-party user arising from any attempt to dial 911 or make an emergency call using the Services. You hereby waive all claims and causes of action against Anonyome, its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to dial 911 or make an emergency call using the Services.
No 0+ or Operator Assisted Calling; No x11 Calling
The Application does not support 0+ or operator assisted calling, collect calls, third party billing calls, 900, premium services, non-geographic or calling card calls. The Application does not support 911, 311, 511, and other x11 services in any service area.
Short Code Support
Telephony services provided in the Applications can interoperate with short code numbers (numbers with fewer digits than regular telephone numbers), with the following limitations:
- A telephone number in the Applications will not receive messages from short codes from a different country.
- Some services, such as social media platforms, may choose not to send messages from their short codes to Voice over IP (VoIP) numbers as provided in the Applications. As such, we cannot guarantee that every short code message will be able to reach the telephone numbers you use in the Applications.
- The Applications cannot send SMS/MMS messages to short codes, including industry standard opt-out messages such as STOP, UNSUBSCRIBE or HELP.
Furthermore, you agree not to hold or seek to hold Anonyome or our partners liable, or bring suit against Anonyome or our partners, for failure to respond to messages you attempted to send to a short code number from the Applications.
Telephony services provided in the Applications may include some usage at no cost. You may be provided with the option to purchase additional entitlements for calling and SMS messaging.
SMS messages are split into segments not exceeding 160 characters per segment. The Application’s SMS entitlement is based on the number of segments sent and received, not the number of messages.
The Applications impose a limit of 10 MB for each MMS, although some telecommunications carriers have lower limits or do not support MMS.
Calls will be disconnected and require a re-dial after a 2-hour duration.
Phone Number Inactivity
If your account is not on a paid subscription, Anonyome reserves the right to reclaim phone numbers previously allocated to your account after a period of account inactivity of not less than 25 days. The period of inactivity applies to your account and the phone number.
Supplemental Terms: Virtual Cards
The following terms apply to your use of virtual cards in the Applications.
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 email@example.com.
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. 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.
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 credit card information 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
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 from us on your bank statement that is related to a virtual card 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. If you file a chargeback 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.
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 as a result of 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 exploit a referral program or violate the terms and conditions of a merchant.
- Using virtual cards for fraudulent activities with a merchant.
The communications between you and Anonyome use electronic means, whether you visit the Website or send Anonyome emails, or whether Anonyome posts notices on the Website or communicates with you via email, SMS, MMS, or any other electronic means. For contractual purposes, you (1) consent to receive communications from Anonyome in an electronic form; and (2) agree that all communications that Anonyome provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Anonyome’s prior written consent. Any attempted assignment, subcontract, delegation, or transfer is a violation of the foregoing and will be null and void.
Anonyome shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to riot, fire, flood, explosion, earthquake or other natural disaster, government regulation, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, national emergency, revolution, insurrection, or other civil unrest, epidemic, restraints or delays affecting carriers or suppliers or inability or delay in obtaining supplies of adequate materials or services, telecommunication or network breakdown or power outage, lock-outs, strikes or other labor disputes, or other cause beyond our reasonable control.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
If required, you are responsible for providing Anonyome with your most current email address. In the event that the last email address you provided to Anonyome is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Anonyome’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Anonyome at the following address: 32 West 200 South #315, Salt Lake City, UT 84101. Such notice shall be deemed given when received by Anonyome by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
You may not use, export, import, or transfer the Anonyome Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Anonyome Properties, and any other applicable laws. In particular, but without limitation, the Anonyome Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Anonyome Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede all prior discussions between the parties with respect to such subject matter.
Any ideas, suggestions, and/or comments you make to Anonyome (“Feedback”) is at your own risk and Anonyome has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You agree to grant and hereby grant to Anonyome a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Anonyome Properties.
The Anonyome Properties can be accessed from countries around the world and may contain references to Services that are not available in your country. Anonyome makes no representations that the Website or the Services are appropriate or available for use in any location. Those who access or use the Website or the Services from other jurisdictions do so of their own volition and are responsible for compliance with local law. The following provisions shall apply only if you are located in the countries listed below.
- United Kingdom A third party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
- Germany Notwithstanding anything to the contrary in the Limitation of Liability section of the Terms, Anonyome is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
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.
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.”
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.
Term and Termination
These Terms renew on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Anonyome Properties, unless terminated earlier in accordance with these Terms.
Termination of Services
Subject to the terms herein, if you want to terminate the Services provided by Anonyome, you may do so by deleting the Application from your devices and cancelling any associated subscriptions or memberships. Anonyome has the right to suspend or terminate any Services provided to you for any reason, including if you have materially breached any provision of the Terms, if Anonyome is required to do so by law (e.g., where the provision of the Anonyome Properties is, or becomes, unlawful). You agree that all terminations for cause shall be made at Anonyome’s sole discretion. You will not be entitled to a refund of any amounts previously paid to Anonyome for Paid Services.
Effect of Termination
In the event of termination for any reason, you will immediately cease use of, and delete all Sudo identities that you created using the Anonyome Properties. All provisions of these Terms, which by their nature should survive, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
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.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE ANONYOME PROPERTIES IS AT YOUR SOLE RISK, AND THE ANONYOME PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE ANONYOME PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON- INFRINGEMENT.
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.
Do you have any comments, complaints, concerns, questions, requests, or suggestions, about our data collection or processing practices, or about these Terms of Service? Email us at firstname.lastname@example.org.