Posted: January 25, 2023
Effective: January 25, 2023
Your Stuff & Your Permissions
When you submit, upload, transmit or provide us with any data, information, media or other content in connection with your use of our Services (“Your Stuff”), you understand and agree that:
- you will continue to own and be responsible for Your Stuff;
- we will not sell Your Stuff to any third party;
- you grant other AnonyDoxx users a non-exclusive license to access and use Your Stuff within AnonyDoxx, in accordance with these Terms and AnonyDoxx’s functionalities;
- we may use the name that you submit in connection with Your Stuff (whether that be your account name, real name or otherwise); and
- you will comply with these Terms, including our Acceptable Use Policy, in your submission of Your Stuff and your use of the Services.
- are allowed to retain and continue to use Your Stuff after you stop using AnonyDoxx;
- may be required to retain or disclose Your Stuff: (i) in order to comply with applicable laws or regulations; (ii) in order to comply with a court order, subpoena or other legal process; (iii) in order to respond to a lawful request by a government authority, law enforcement agency or similar body; or (iv) where we believe it is reasonably necessary to comply with applicable laws or regulations, in each case including (where applicable) orders, requests and other legal processes issued or made pursuant to mutual legal assistance treaty or similar lawful means. You may refer to our Law Enforcement Data Request Guidelines for further details on how we may retain or disclose Your Stuff;
- may be required to retain or disclose Your Stuff in order to enforce these Terms or to protect any rights, property or safety of ours, our affiliate companies or other users of the Services.
Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please do not copy, download or share any content made available to you in connection with the Services unless you have the right to do so.
Help us keep Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Do not share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 if you reside in the United States, and 16 if you reside anywhere else. However, to participate in our Vault Verification protocol, you must be at least 18. If the law where you reside requires that you must be older in order for AnonyDoxx to lawfully provide the Services to you without parental consent (including use of your personal data), then you must be that older age.
Some of our Services may allow you to download certain software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open-source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so or assist anyone in doing so.
We may release products and features that we are still testing and evaluating (“Beta Services”). Beta Services may be labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as AnonyDoxx’s other services. Beta Services may be made available so that we can collect user feedback. By using any of our Beta Services, you agree that we may contact you to collect such feedback.
Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about the Beta Services to anyone else without our permission.
From time to time, AnonyDoxx may add additional features to enhance the user experience of the Services at no additional charge. However, these free features may be withdrawn without further notice.
The Services are protected by copyright, trademark and other US and foreign laws. These Terms do not grant you any right, title or interest in the Services, others’ content in the Services, AnonyDoxx’s trademarks, logos or other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. All such notices should be reported to us at [email protected] with “Copyright Notice” in the subject line.
Billing. You can and add paid features to your account (turning your account into a “Paid Account”). We will automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You are responsible for all applicable taxes, which we will charge when required to do so under applicable law. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph does not override such laws.
Cancellation. You may cancel your Paid Account at any time; however, refunds will only be issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to or renewing a Paid Account by contacting us at [email protected].
Downgrades. Your Paid Account will remain in effect until it is cancelled or terminated under these Terms. If you do not pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features.
Changes. We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, changes to our business or changes in economic conditions. We will give you no less than 30 days’ advance notice of these changes via a message to the email address associated with your account and you will have the opportunity to cancel your subscription before the new fee comes into effect.
AnonyDoxx Business Accounts
If you sign up for an AnonyDoxx account with an email address provisioned by your organization, your organization may be able to block your use of or access to the Services until you associate your AnonyDoxx account with a personal email address.
You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
- you are in breach of these Terms;
- your use of the Services would cause a real risk of harm or loss to us or other users; or
- you do not have a Paid Account and have not accessed our Services for 12 consecutive months
Discontinuation of Services
We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond AnonyDoxx’s control (for example, a natural disaster, fire or explosion) or to comply with a legal requirement.
Services “AS IS”
We strive to provide great Services, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, ANONYDOXX AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places do not allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.
Limitation of Liability
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR ANONYDOXX’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS DO NOT EXCLUDE ANONYDOXX’S LIABILITY FOR LOSSES AND DAMAGES THAT ARE A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN PROVIDING THE SERVICES OR OF OUR BREACH OF OUR CONTRACT WITH YOU, AS LONG AS THOSE LOSSES AND DAMAGES ARE REASONABLY FORESEEABLE.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, ANONYDOXX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL NOT BE LIABLE FOR:
- ANY INDIRECT, SPECIAL INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES; OR
- ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER ANONYDOXX OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
- IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, ANONYDOXX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY. ANONYDOXX AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
- OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH ANONYDOXX. THIS PROVISION DOES NOT APPLY TO EU CONSUMERS WHERE PROHIBITED BY APPLICABLE LAW.
Let’s Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against AnonyDoxx, you agree to try to resolve the dispute informally by sending us a written notice of dispute at [email protected] that includes your name, a detailed description of the dispute and the relief you seek (a “Notice of Dispute”). We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or AnonyDoxx may bring a formal proceeding. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.
Judicial Forum for Disputes. You and AnonyDoxx agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts located in Wilmington, Delaware, subject to the mandatory arbitration provisions below. Both you and AnonyDoxx consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and AnonyDoxx agree to resolve any claims relating to these Terms or the Services through final and binding individual arbitration by a single arbitrator, except as set forth under the “Exceptions to Agreement to Arbitrate” below. This includes disputes arising out of or relating to the interpretation or application of this “Mandatory Arbitration Provisions” section, including its scope, enforceability, revocability or validity. The arbitrator may award relief only individually and only to the extent necessary to redress your individual claim(s); the arbitrator may not award relief on behalf of others or the general public.
Opt out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting us at [email protected] with “Opt Out Request” in the subject line within 30 days of first registering your account or agreeing to these Terms.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be held in the United States county where you live or work, Savannah, Georgia or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. For individual arbitration of non-frivolous claims less than $75,000 for which you timely provided AnonyDoxx with a Notice of Dispute, AnonyDoxx will reimburse arbitration filing fees at the conclusion of the arbitration and will pay other arbitration fees. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. AnonyDoxx will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous or brought for an improper purpose.
Exceptions to Agreement to Arbitrate. Either you or AnonyDoxx may assert claims, if they qualify, in small claims court in Savannah, Georgia or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Wilmington, Delaware to resolve your claim.
NO CLASS OR REPRESENTATIVE ACTIONS. You may only resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed.
Severability. If any part of this “Mandatory Arbitration Provisions” section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this “Mandatory Arbitration Provisions” section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.
These Terms will be governed by the laws of the State of Delaware except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph does not override those laws.
These Terms constitute the entire agreement between you and AnonyDoxx with respect to the subject matter hereof, and supersede and replace any other prior or contemporaneous agreements, terms or conditions applicable to the subject matter of these Terms. Our past, present and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.
Waiver, Severability & Assignment
AnonyDoxx’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. AnonyDoxx may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect:
- changes to the law;
- new regulatory requirements; or
- improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we will notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you do not agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.