Effective Date : March 10, 2020
By accessing or using the Service(s) or Websites, or authorizing or permitting any User or End-User to access or use the Service(s) or Websites, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization, or another legal entity (an "Entity"), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, "You", "Your" or related capitalized terms used herein shall refer to such entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not access or use the Service(s) or Websites.
You, as an individual, must be 18 years or older to access or use the Websites and the Service(s).Anydone's Services are a suite of messaging software-as-a-service solutions offered through a single platform. The Services are designed to enable Customer to manage communications with People through the entire lifecycle of their relationship with Customer and to provide a Dashboard for accessing and managing Customer Data regarding those People. Customer may import and export Customer Data between the Services and certain Third-Party Platforms through supported integrations. The Services also include anydone Code deployed on Customer Properties to enable live chat and messaging functionality.
Each Service is provided on a subscription basis for a set term designated on the Order Form (each, a "Subscription Term"). anydone may also offer Professional Services related to certain Services. Customers will purchase and anydone will provide the specific Services and related Professional Services (if any) as specified in the applicable Order Form.
Customers may access and use the Services solely for its own benefit and in accordance with the terms and conditions of this Agreement, the Documentation and any scope of use restrictions designated in the applicable Order Form (including without limitation the number of People tracked). Use of and access to the Services is permitted only by Permitted Users. If Customer is given API keys or passwords to access the Services on anydone's systems, Customer will require that all Permitted Users keep API keys, user ID and password information strictly confidential and not share such information with any unauthorized person. User IDs are granted to individuals, named persons and may not be shared. If a Customer is accessing the Services using credentials provided by a third party (e.g., Google), then Customer will comply with all applicable terms and conditions of such third party regarding provisioning and use of such credentials. Customers will be responsible for any and all actions taken using Customer's accounts and passwords. If any Permitted User who has access to a user ID is no longer an employee (or Contractor, as set forth below) of Customer, then Customer will immediately delete such user ID and otherwise terminate such Permitted User's access to the Service. The right to use the Services includes the right to deploy anydone Code on Customer Properties in order to enable messaging, chat and similar functionality and to collect Customer Data for use with the Services as further described below.
To the extent anydone provides anydone Apps for use with the Services, subject to all of the terms and conditions of this Agreement, anydone grants to Customer a limited, non-transferable, non-sublicensable, non-exclusive license during any applicable Subscription Term to use the object code form of the anydone Apps internally, but only in connection with Customer's use of the Service and otherwise in accordance with the Documentation and this Agreement.
Subject to all of the terms and conditions of this Agreement, anydone grants to Customer a limited, non-transferable, non-sublicensable, non-exclusive license during any applicable Subscription Term to copy the anydone Code in the form provided by anydone on Customer Properties solely to support Customer's use of the Service and otherwise in accordance with the Documentation and this Agreement. Customers must implement anydone Code on the Customer Properties in order to enable features of the Services. Customers will implement all anydone Code in strict accordance with the Documentation and other instructions provided by anydone. Customer acknowledges that any changes made to the Customer Properties after initial implementation of anydone Code may cause the Services to cease working or function improperly and that anydone will have no responsibility for the impact of any such Customer changes.
Customer may permit its Contractors and its Affiliates' employees and Contractors to serve as Permitted Users, provided Customer remains responsible for compliance by such individuals with all of the terms and conditions of this Agreement, and any use of the Services by such individuals is for the sole benefit of Customer.
Customer will not (and will not permit any third party to):
If anydone makes access to any APIs available as part of the Services, anydone reserves the right to place limits on access to such APIs (e.g., limits on numbers of calls or requests). Further, anydone may monitor Customer's usage of such APIs and limit the number of calls or requests Customer may make if anydone believes that Customer's usage is in breach of this Agreement or may negatively affect the Services (or otherwise impose liability on anydone).
If Customer receives free access or a trial or evaluation subscription to the Service (a "Trial Subscription"), then Customer may use the Services in accordance with the terms and conditions of this Agreement for a period of thirty (30) days or such other period granted by anydone (the "Trial Period"). Trial Subscriptions are permitted solely for Customers use to determine whether to purchase a paid subscription to the Services. Trial Subscriptions may not include all functionality and features accessible as part of a paid Subscription Term. If Customer does not enter into a paid Subscription Term, this Agreement and Customer's right to access and use the Services will terminate at the end of the Trial Period. anydone has the right to terminate a Trial Subscription at any time for any reason.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, anydone WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS WITH RESPECT TO TRIAL SUBSCRIPTIONS.
As between the parties, the Customer will retain all right, title, and interest (including any and all intellectual property rights) in and to the Customer Data as provided to anydone. Subject to the terms of this Agreement, Customer hereby grants to anydone a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data solely to the extent necessary to provide the Services to Customer.
anydone does not provide an archiving service. anydone agrees only that it will not intentionally delete any Customer Data from any Service prior to termination of Customer's applicable Subscription Term. anydone expressly disclaims all other obligations with respect to storage.
Customer represents and warrants to anydone that Customer has all necessary rights, consents and permissions to collect, share and use all Customer Data as contemplated in this Agreement (including granting anydone the rights in Section 2.1 (Rights in Customer Data)) and that no Customer Data will violate or infringe: (i) any third party intellectual property, publicity, privacy or other rights, (ii) any Laws, or (iii) any terms of service, privacy policies or other agreements governing the Customer Properties or Customer's accounts with any Third-Party Platforms.
Customer further represents and warrants that all Customer Data complies with the AUP (Acceptable Use Policy). Customer will be fully responsible for any Customer Data submitted to the Services by any Person as if it was submitted by Customer.
Customer specifically agrees not to use the Services to collect, store, process or transmit any Sensitive Personal Information. anydone will have no liability under this Agreement for Sensitive Personal Information, notwithstanding anything to the contrary herein.
Customer agrees to comply with all applicable Laws in its use of the Services. Without limiting the generality of the foregoing, Customer will not engage in any unsolicited advertising, marketing, or other activities using the Services.
Customer acknowledges that the anydone Code causes a unique cookie ID to be associated with each Person who accesses the Customer Properties, which cookie ID enables anydone to provide the Services. Customer will include on each Customer Property a link to its privacy policy that discloses Customer's use of third party tracking technology to collect data about People as described in this Agreement. Customer's privacy policy must disclose how, and for what purposes, the data collected through anydone Code will be used or shared with anydone as part of the Services. Customers must also provide People with clear and comprehensive information about the storing and accessing of cookies or other information on the Peoples' devices where such activity occurs in connection with the Services and as required by applicable Laws. For clarity, as between Customer and anydone, Customer will be solely responsible for obtaining the necessary clearances, consents and approvals from People under all applicable Laws.
Customer will indemnify, defend and hold harmless anydone from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to any Customer Data or breach or alleged breach by Customer of Section 1.3 (Customer Obligations). This indemnification obligation is subject to Customer receiving:
Notwithstanding the foregoing sentence: (a) anydone may participate in the defense of any claim by counsel of its own choosing, at its cost and expense, and (b) Customer will not settle any claim without anydone's prior written consent, unless the settlement fully and unconditionally releases anydone and does not require anydone to pay any amount, take any action, or admit any liability.
Notwithstanding anything to the contrary herein, Customer agrees that anydone may obtain and aggregate technical and other data about Customers' use of the Services that is non-personally identifiable with respect to Customer ("Aggregated Anonymous Data"), and anydone may use the Aggregated Anonymous Data to analyze, improve, support and operate the Services and otherwise for any business purpose during and after the term of this Agreement, including without limitation to generate industry benchmark or best practice guidance, recommendations or similar reports for distribution to and consumption by Customer and other anydone customers. For clarity, this Section 2.5 does not give anydone the right to identify Customer as the source of any Aggregated Anonymous Data.
This Section 2.6 applies only if Customer has entered into this Agreement with anydone, Inc. as set forth above. anydone, Inc. participates in the EU-U.S. Privacy Shield framework. For more information, please see anydone's EU-U.S.
anydone agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of any Service or Customer Data. However, anydone will have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond anydone's control.
The Services may support integrations with certain Third-Party Platforms. In order for the Services to communicate with such Third-Party Platforms, Customers may be required to input credentials in order for the Services to access and receive relevant information from such Third-Party Platforms. By enabling use of the Services with any Third-Party Platform, Customer authorizes anydone to access Customer's accounts with such Third-Party Platform for the purposes described in this Agreement. Customer is solely responsible for complying with any relevant terms and conditions of the Third-Party Platforms and maintaining appropriate accounts in good standing with the providers of the Third-Party Platforms. Customer acknowledges and agrees that anydone has no responsibility or liability for any Third-Party Platform or any Customer Data exported to a Third-Party Platform. anydone does not guarantee that the Services will maintain integrations with any Third-Party Platform and anydone may disable integrations of the Services with any Third-Party Platform at any time with or without notice to the Customer. For clarity, this Agreement governs Customer's use of and access to the Services, even if accessed through an integration with a Third-Party Platform.
Subject to any limitation on the number of individual Users available under the Service Plan to which You subscribed, access, and use of the Service(s) is restricted to the specified number of individual Users permitted under Your subscription to the Service(s). Each User shall be identified using unique login information such as usernames and passwords (“User Login”) and such User Login shall be used only by one individual. If You are a managed service provider and You wish to use the same User Login across Accounts that You manage for Your clients, You acknowledge that it is Your sole responsibility to obtain necessary consents from such clients. Without prejudice to Our obligations under Sections 9 and 10 of these Terms, You are solely responsible for the confidentiality of Service Data and User Login at Your end. You should, therefore, not share Your User Login with any third parties. In any event, unless You notify Us of any unauthorized use or suspicious activity in Your Account, You are responsible for all activities that occur under Your Account. Group Companies will not be liable for any damage or loss that may result from Your failure to protect Your login information, including Your password. Without limiting the foregoing, You are solely responsible for ensuring that Your use of the Service(s) to store and transmit Service Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service(s) or the information generated thereby is accurate or sufficient for Your purposes.
You agree not to:
We may update the Service(s) from time to time and You may receive notifications of such upgrades, enhancements, or updates (“Updates”). Any new or modified features added to or augmenting or otherwise modifying the Service(s) or other updates, modifications or enhancements to the Service(s) are also subject to these Terms and We reserve the right to deploy Updates at any time.
We may also change content on Our Websites at any time. However, please note that any of the content on Our Websites may be out of date at any given time, and We are under no obligation to update it. For clarity, this sub-section refers to Our Websites excluding the Service(s). We may discontinue or change any part of Our Websites, that does not affect the Service(s), without notifying You. Our Websites may contain links to websites, content, and resources provided by third parties (“Third-Party Links”). These Third-Party Links are governed by their terms and privacy policies and You agree that We have no control over these Third-Party Links and are not responsible for Your access or use of these Third-Party Links.
Except for the rights granted to You under Section 1, all rights, title, and interest in and to all Our patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights in or related to the Service(s), including the Websites, and any part of it (collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with Us. We are the owner or the licensee of all Intellectual Property Rights in Our Websites, and the content or material published on it. Those works are protected by copyright laws and treaties around the world. You must not use any part of the content on Our Websites for commercial purposes without obtaining a license to do so from Us or Our licensors. Further, We claim no intellectual property rights over the content You upload or provide to the Service(s).
We shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to incorporate into the Service(s) or Websites or otherwise use any suggestions, enhancement requests, recommendations, or other feedback We receive from You.
Our product and service names and logos used or displayed on the Service(s) or Websites are Our registered or unregistered trademarks (collectively, “Marks”), and You may only use such Marks to identify You as a user of the Service(s) You have subscribed to.
All rights not expressly provided to You herein are reserved.
You hereby grant Us a revocable, worldwide, non-exclusive, royalty-free license to use, reproduce, publish, and display Your name, logo, and marks on Our Websites, marketing materials, and/or earnings announcement materials by any standard trademark usage guidelines that You provide.
This is a subscription agreement for access to and use of the Services. The customer acknowledges that it is obtaining only a limited right to the Services and that irrespective of any use of the words "purchase", "sale" or like terms in this Agreement no ownership rights are being conveyed to the Customer under this Agreement. Customer agrees that anydone or its suppliers retain all right, title, and interest (including all patent, copyright, trademark, trade secret, and other intellectual property rights) in and to the Services and all Documentation, professional services deliverables, and any related and underlying technology and documentation and any derivative works, modifications, or improvements of any of the foregoing, including as may incorporate Feedback (collectively, "anydone Technology"). Except as expressly outlined in this Agreement, no rights in any anydone Technology are granted to the Customer. Further, the Customer acknowledges that the Services are offered as an on-line, hosted solution and that the Customer has no right to obtain a copy of any of the Services, except for anydone Code and the anydone Apps in the format provided by anydone.
Customers, from time to time, may submit Feedback to anydone. anydone may freely use or exploit Feedback in connection with any of its products or services.
Unless otherwise specified on the applicable Order Form, each Subscription Term will automatically renew for additional twelve-month periods unless either party gives the other written notice of termination at least thirty (30) days before the expiration of the then-current Subscription Term.
All fees are as outlined in the applicable Order Form and will be paid by Customer within thirty (30) days of invoice, unless (a) Customer is paying via Credit Card (as defined below) or (b) otherwise specified in the applicable Order Form. Except as expressly set forth in Section 11 (Limited Warranty) and (Indemnification), all fees are non-refundable. The rates in the Order Form are valid for the initial twelve (12) month period of each Subscription Term and thereafter may be subject to an automatic adjustment increase of up to ten percent (10%) per year. The customer is responsible for paying all Taxes, and all Taxes are excluded from any fees set forth in the applicable Order Form. If Customer is required by law to withhold any Taxes from Customer's payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings.
If you are purchasing the Services via credit card, debit card or other payment card ("Credit Card"), the following terms apply:
Recurring Billing Authorization: By providing Credit Card information and agreeing to purchase any Services, Customer hereby authorizes anydone (or its designee) to automatically charge the Customer's Credit Card on the same date of each calendar month (or the closest prior date, if there are fewer days in a particular month) during the Subscription Term for all fees accrued as of that date (if any) by the applicable Order Form. Customer acknowledges and agrees that the amount billed and charged each month may vary depending on the Customer's use of the Services and may include subscription fees for the remainder of the Customer's applicable billing period and overage fees for the prior month.
Foreign Transaction Fees: Customer acknowledges that for certain Credit Cards, the issuer of Customer's Credit Card may be charged a foreign transaction fee or other charges.
Invalid Payment: If a payment is not successfully settled due to expiration of a Credit Card, insufficient funds, or otherwise, Customer remains responsible for any amounts not remitted to anydone and anydone may, in its sole discretion, either (i) invoice Customer directly for the deficient amount, (ii) continue billing the Credit Card once it has been updated by Customer (if applicable) or (iii) terminate this Agreement.
Changing Credit Card Information: At any time, customers may change their Credit Card information by entering updated Credit Card information via the "Settings" page on the Dashboard.
Termination of Recurring Billing: In addition to any termination rights set forth in this Agreement, Customer may terminate the Subscription Term by sending anydone notice of non-renewal to by Section 7.1 (Subscription Term and Renewals) or, if Customer's Subscription Term is on a monthly basis (or if otherwise permitted by anydone), by terminating via the "Settings" page on the Dashboard, with termination effective at the end of the current Subscription Term. As outlined in Section 2.9 (Trial Subscriptions), if Customer does not enter into a paid Subscription Term following a Trial Period, this Agreement and Customer's right to access and use the Services will terminate at the end of the Trial Period and Customer's Credit Card will not be charged.
Payment of Outstanding Fees: Upon any termination or expiration of the Subscription Term, anydone will charge Customer's Credit Card (or invoice Customer directly) for any outstanding fees for Customer's use of the Services during the Subscription Term, after which anydone will not charge Customer's Credit Card for any additional fees.
If Customer's account is thirty (30) days or more overdue, in addition to any of its other rights or remedies (including but not limited to any termination rights set forth herein), anydone reserves the right to suspend Customer's access to the applicable Service (and any related services) without liability to Customer until such amounts are paid in full. anydone also reserves the right to suspend Customer's access to the Services without liability to Customer if Customer's use of the Services violates the AUP (Acceptable Use Policy).
This Agreement is effective as of the Effective Date and expires on the date of expiration or termination of all Subscription Terms.
Either party may terminate this Agreement (including all related Order Forms) if the other party: (a) fails to cure any material breach of this Agreement (including a failure to pay fees) within thirty (30) days after written notice; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors' arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).
Upon any expiration or termination of this Agreement, Customer will immediately cease any and all use of and access to all Services (including any and all related anydone Technology) and delete (or, at anydone's request, return) any and all copies of the Documentation, any anydone passwords or access codes and any other anydone Confidential Information in its possession. Provided this Agreement was not terminated for Customer's breach, Customer may retain and use internally copies of all reports exported from any Service prior to termination. Customer acknowledges that following termination it will have no further access to any Customer Data input into any Service, and that anydone may delete any such data as may have been stored by anydone at any time. Except where an exclusive remedy is specified, the exercise of either party of any remedy under this Agreement, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law or otherwise.
anydone warrants, for Customer's benefit only, that each Service will operate in substantial conformity with the applicable Documentation. anydone's sole liability (and Customer's sole and exclusive remedy) for any breach of this warranty will be, at no charge to Customer, for anydone to use commercially reasonable efforts to correct the reported non-conformity, or if anydone determines such remedy to be impracticable, either party may terminate the applicable Subscription Term and Customer will receive as its sole remedy a refund of any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. The limited warranty set forth in this Section 9.1 will not apply: (i) unless Customer makes a claim within thirty (30) days of the date on which Customer first noticed the non-conformity, (ii) if the error was caused by misuse, unauthorized modifications or third-party hardware, software or services, or (iii) to use provided on a no-charge, trial or evaluation basis.
EXCEPT FOR THE LIMITED WARRANTY IN SECTION 11.1, ALL Services and PROFESSIONAL SERVICES ARE PROVIDED "AS IS". NEITHER anydone NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. anydone does not warrant that Customer's use of THE Services will be uninterrupted or error-free, nor does anydone warrant that it will review the Customer Data for accuracy or that it will preserve or maintain the Customer Data without loss OR CORRUPTION. anydone SHALL NOT BE LIABLE FOR THE RESULTS OF ANY COMMUNICATIONS SENT OR ANY COMMUNICATIONS THAT WERE FAILED TO BE SENT USING THE SERVICES. anydone SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ANYDONE. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
Each party (as "Receiving Party") agrees that all code, inventions, know-how, business, technical and financial information it obtains from the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information"), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any anydone, performance information relating to any Service, and the terms and conditions of this Agreement will be deemed Confidential Information of anydone without any marking or further designation. Except as expressly authorized herein, the Receiving Party will:
The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know (including, for anydone, the subcontractors referenced in Section 17.8 (Subcontractors)), provided that such representatives are bound to confidentiality obligations no less protective of the Disclosing Party than this Section 12 and that the Receiving Party remains responsible for compliance by any such representative with the terms of this Section 12. The Receiving Party's confidentiality obligations will not apply to information that the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information.
The Receiving Party may make disclosures to the extent required by law or court order, provided the Receiving Party notifies the Disclosing Party in advance and cooperates in any effort to obtain confidential treatment. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by either party except with the other’s prior written consent, except that anydone may transfer and assign any of its rights and obligations under this Agreement without consent in connection with a reorganization, merger, consolidation, acquisition, or other restructuring involving all or substantially all of its voting securities or assets. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind anydone in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the substantially prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. The parties agree that any material breach of Section 2 or 3 may cause irreparable injury and that injunctive relief in a court of competent jurisdiction will be appropriate to prevent an initial or continuing breach of Section 2 or 3 in addition to any other relief to which the owner of such Confidential Information may be entitled. anydone is permitted to disclose that Customer is one of its customers to any third-party at its sole discretion. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. The federal and state courts sitting in San Francisco, California, U.S.A. will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this Agreement.
This Data Processing Addendum (“DPA”) governs Anydone’s processing of Customer Data (i) provided by Customer to Anydone through Anydone’s API or any Anydone services for businesses (“API Services”) or (ii) pursuant to Anydone’s provision of enterprise services for businesses (“Enterprise Services”) (for purposes of this DPA, the API Services and Enterprise Services are together the “Services”) under the terms of the Anydone Business Terms or other agreement between Customer and Anydone governing Customer’s use of the Services and is hereby incorporated into the Agreement. If and to the extent language in this DPA conflicts with the Agreement, the conflicting terms in this DPA shall control. Capitalized terms not defined in this DPA have the meaning set forth in the Agreement. For the purposes of this DPA only, “Customer” includes any affiliate entity of Customer’s that (a) has entered into an Order Form with Anydone and that (b) directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Customer.
If Customer is located in the EEA or Switzerland, Anydone’s relevant legal entity will provide the Services and contract with Customer. If Customer is located in the UK or anywhere else other than the EEA or Switzerland, Anydone’s primary legal entity will provide the Services and contract with Customer. For the purposes of this DPA, “Anydone” refers to the Anydone entity contracting with Customer.
Anydone and Customer each agree to comply with their respective obligations under applicable data privacy and data protection laws (collectively, “Data Protection Laws”) in connection with the Services. Data Protection Laws may include, depending on the circumstances, the California Consumer Privacy Act (“CCPA”), the Colorado Privacy Act (“CPA”), Connecticut’s Data Privacy Act (“CTDPA”), the Utah Consumer Privacy Act (“UCPA”), the Virginia Consumer Data Protection Act (“VCDPA”) (collectively “U.S. Privacy Laws”), and the United Kingdom and/or European Union General Data Protection Regulation (“GDPR”), and applicable subordinate legislation and regulations implementing those laws.
This documentation also acts as an Anydone Agreement, where Customer is the person that determines the purposes and means for which Customer Data (as defined in our Privacy Policy) is processed (a “Data Controller”), whereas Anydone processes Customer Data in accordance with the Data Controller’s instructions and on behalf of the Data Controller (as a “Data Processor”). “Data Controller” and “Data Processor” also mean the equivalent concepts under Data Protection Laws (visit Anydone Cookie policy and Privacy Policy to learn more). For the purposes of the Agreement and this DPA, (i) “Personal Data” has the meaning assigned to the term “personal data” or “personal information” under applicable Data Protection Laws; and (ii) “Customer Data” means Personal Data that Customer provides to Anydone that Anydone processes on behalf of Customer to provide the Services. Anydone will process Customer Data as Customer’s Data Processor to provide or maintain the Services and for the purposes set forth in this DPA, the Agreement, and/or in any other applicable agreements between Customer and Anydone.
As a Data Processor, Anydone agrees to:
Visit Anydone Privacy Policy to know more on our compliance and how we handle incoming data.
Anydone will promptly notify the Customer if it becomes aware of:
Anydone will not act on such requests without the Customer’s prior written consent.
Anydone will provide unconditional support to the Customer in:
If Anydone is legally obligated to process Customer Data beyond the scope of the Agreement, it will notify the Customer in advance unless prohibited by law.
Anydone will:
This Agreement remains effective as long as Anydone processes Customer Data on the Customer’s behalf or until the Agreement is terminated, with all Customer Data deleted or returned as outlined.
Learn More: Data Retention
For specified services, Customer Data is retained only as long as necessary to fulfill the purpose of processing or as required by law. Anydone will ensure Subprocessors delete Customer Data within agreed timelines unless legally prohibited.
1.1.1 Ongoing license fees shall be billed in advance on a calendar-month basis unless otherwise specified in the agreement. If a service begins or ends partway through a billing period, the fees for that period will be calculated and invoiced on a pro-rata basis.
1.1.2 For services charged based on time and materials, invoices will be issued in arrears at the conclusion of each calendar month unless an alternative arrangement has been agreed upon by the parties.
1.1.3 Anydone retains the right to adjust license fees and related rates in accordance with the following principles:
Anydone’s mission is to make AI ADOPTION reliable at scale for the benefit of its users. In accordance with this mission, Anydone maintains an information security program designed to safeguard its systems, data, and Customer Data. Below is a description of the information security program and security standards that Anydone maintains with respect to the Services and handling of data submitted by or on behalf of the Customer of the Services (the “Customer Data”).
Anydone is a new service, and certain technical or security measures below may apply differently to Anydone Enterprise; in each case, these differences are noted in italicized language. “Anydone Enterprise” refers to the enterprise-level version of Anydone’s solutions designed for organizational use.
For additional details about Anydone’s technical and organizational security measures to protect Customer Data, refer to the following security measures that summarize key aspects applicable to this Agreement.
Anydone employs industry best practices for authenticating and authorizing internal employee and service access, including the following measures:
Anydone employs industry best practices for authenticating and authorizing customer access to the Services, including the following measures:
Anydone applies industry best practices to secure and operate its cloud infrastructure, including:
Anydone employs industry best practices to secure corporate systems, including:
Anydone applies best practices to prevent unauthorized access to data, including:
Anydone implements measures to prevent unauthorized access, alteration, or removal of data during transfer, including:
Anydone maintains best practices to ensure the continued functionality of its Services, including:
Anydone applies best practices for the separate processing of data collected for different purposes, including:
Anydone detects and manages cybersecurity risks through measures such as:
Anydone employs best practices for vetting, training, and managing personnel, including:
Anydone applies measures to prevent unauthorized physical access to its facilities, including:
Anydone manages third-party security risks through measures such as:
Anydone maintains a security incident response plan to address and resolve events that compromise the confidentiality, or integrity of the services or customer data. This includes:
Regular security and vulnerability testing are conducted to assess the implementation and effectiveness of key controls against industry security standards, as well as the company's internal policies and procedures. These evaluations ensure continued compliance with legal, regulatory, or contractual obligations concerning the security of customer data and the maintenance of the company’s information systems.
This section outlines the governing use of Anydone Services, compliance with applicable laws, safeguarding user rights, and protecting the integrity of the platform. By using Anydone services, users agree to adhere to the terms specified in this section, which aim to establish a clear, fair, and legally compliant framework for all interactions with our services.
Anydone is committed to providing services that align with global standards for data privacy, intellectual property protection, and user accountability. These terms are developed in compliance with key legal frameworks, including but not limited to:
Users are equally responsible for ensuring their usage of Anydone services and features adheres to all relevant legal obligations, including local, regional, and international laws.
Anydone reserves the right to conduct compliance audits on user activities to ensure adherence to the law and ethical guidelines. Non-compliance may result in immediate suspension or termination of services.
Where data is processed across international borders, Anydone ensures compliance with laws governing data export, including mechanisms like Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs), in accordance with GDPR.
Users are encouraged to maintain transparency in the purpose and methods of using Anydone services, ensuring all activities are aligned with the platform’s intended use.
Users are solely responsible for the consequences of their input data, activities, and the actions triggered.
Anydone strictly prohibits unethical or illegal use of its services and features, including but not limited to surveillance, discrimination, or unauthorized data manipulation.
Users are responsible for reviewing generated outputs to ensure they comply with laws and do not cause harm or legal violations. This includes ensuring generated content does not infringe on intellectual property or violate ethical standards.
Anydone provides mechanisms for users to report suspected misuse or unlawful applications of its features and services. Verified reports may lead to service suspension, user account termination, or legal action.
By accessing or using Anydone features and services, users confirm that they:
These Terms and Services constitute a legally binding agreement between the user and Anydone. Any violation of these terms may result in suspension, termination, and/or legal action, as applicable under the law.
Anydone retains the right to pursue all available legal remedies in case of breach, including but not limited to injunctive relief, damages, or specific performance to address unauthorized or unlawful use of its services and features.
Users acknowledge the inherent risks associated with services, including unintended consequences of outputs. By using Anydone services, users accept responsibility for mitigating these risks in compliance with legal and ethical standards.
Anydone reserves the right to update these terms to reflect changes in laws, technology, or service offerings. Users will be notified of significant changes and must accept updated terms to continue using the services.
Anydone reserves the right to terminate or suspend access to its services, without prior notice if the user:
Suspension or termination may also occur for non-compliance with legal, regulatory, or government requirements.
Anydone reserves the right to terminate or suspend access to its services, without prior notice if the user:
Users may terminate their use of Anydone services by providing written notice in accordance with our cancellation policy. Users must cease all use of the service and delete proprietary materials or data provided by Anydone upon cancellation/termination.
Anydone will endeavor to provide users with advance notice of termination or suspension unless immediate action is required to protect the platform or comply with legal obligations. Notices will be sent to the email address or contact details provided by the user during registration.
Users must provide notice of their intent to terminate services via the official communication channels designated by Anydone.
Suspended services may be reinstated upon resolution of the issue(s) leading to suspension, such as payment of overdue fees or correction of misuse. Reinstatement may be subject to additional fees (exceptional case).
User’s Obligation to Indemnify Anydone
The user agrees to defend, indemnify, and hold its affiliates, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:
Anydone indemnification obligations drawn under the Agreement include claims that Customer’s use or distribution of Output infringes a third party’s intellectual property right. This indemnity does not apply where: Customer or Customer’s End Users knew or should have known the Output was infringing or likely to infringe. Customer or Customer’s End Users disabled, ignored, or did not use any relevant citation, filtering, or safety features or restrictions provided by Anydone. Output was modified, transformed, or used in combination with products or services not provided by or on behalf of Anydone. Customer or its End Users did not have the right to use the Input or fine-tuning files to generate the allegedly infringing Output. The claim alleges violation of trademark or related rights based on Customer’s or its End Users’ use of Output in trade or commerce. The allegedly infringing Output is from content from a Third Party Offering.
Anydone's API service enables integration with third-party platforms and internal systems, offering users the ability to automate processes, exchange data, and trigger actions in a controlled and efficient manner.
The Speech-to-Text service provided by Anydone converts audio inputs into text outputs. Users are responsible for ensuring that they have the necessary permissions for all audio inputs provided to the services.
Anydone retains all intellectual property rights to the underlying technology and algorithms of the Speech-to-Text services. Users are granted a non-exclusive, limited license to utilize the service's outputs for personal or business purposes. Users are prohibited from reselling or redistributing the outputs without prior written consent.
Anydone will not indemnify claims arising from:
Anydone will not indemnify claims arising from:
The Text-to-Speech services provided by Anydone converts text inputs into synthesized audio outputs. Users must ensure that text inputs do not contain harmful, inappropriate, or unlawful content.
Anydone retains all intellectual property rights to the underlying technology and algorithms of the Text-to-Speech services. Users are granted a limited, non-transferable license to use audio outputs for permitted purposes. Unauthorized commercial use or distribution of audio outputs is prohibited without prior approval.
Anydone disclaims responsibility for:
The Text-to-Speech services provides synthesized audio for various use cases, but Anydone does not guarantee the accuracy of pronunciations or naturalness of voices in all scenarios. Users are responsible for reviewing outputs for their specific requirements.
Anydone OCR services allow users to convert printed or handwritten text from images, scanned documents, or photos into machine-readable text. Users must ensure that any images, documents, or media provided to Anydone for OCR processing are not restricted by copyright or intellectual property laws. The OCR service is provided "as is" and should be used in compliance with local, state, and international laws governing data privacy and intellectual property.
Users are responsible for ensuring that all documents or images submitted to the OCR service do not violate any third-party rights, including copyrights, trademarks, or privacy rights. This includes documents containing confidential, defamatory, or unlawful content.
Users are responsible for providing clear, high-quality images or scanned documents to ensure the highest accuracy of OCR results. Anydone is not responsible for errors, omissions, or inaccuracies in OCR results that arise from poor image quality (e.g., blurry text, distorted fonts, low resolution).
Users must ensure that they have the necessary rights or licenses to use the content provided to the OCR service. Anydone disclaims responsibility for any legal issues arising from unauthorized use of documents or images.
Anydone retains full ownership and intellectual property rights to the OCR technology, algorithms, and software that power the OCR services. The user is granted a non-exclusive, non-transferable license to use the OCR service and the text outputs for internal, personal, or business use only.
Users retain ownership of any intellectual property rights in the documents or images they submit. However, Anydone reserves the right to use the data for the purpose of providing and improving the service, in accordance with Anydone’s privacy policy.
Users are prohibited from redistributing or reselling the OCR-generated text outputs or documents without prior written consent from Anydone. Commercial use of OCR outputs outside of the user’s intended purposes may require additional licensing.
While Anydone strives to provide accurate OCR results, users acknowledge that OCR technology may not be perfect. Anydone makes no guarantees about the absolute accuracy or completeness of the OCR outputs. Results may vary depending on factors such as the quality of the input image, text complexity, and language used.
Anydone makes no representations or warranties regarding the uninterrupted availability of the OCR services. Users are advised that the service may experience downtimes, disruptions, or maintenance periods.
Anydone is not liable for errors, omissions, or inaccuracies in OCR results caused by technical issues, such as network failures, server errors, or software bugs.
Anydone processes user submitted documents and images solely for the purpose of performing OCR. Any data provided by the user is handled in accordance with Anydone privacy policy, and Anydone takes steps to implement reasonable security measures to protect user data during processing.
Users are advised not to submit sensitive personal or confidential data unless necessary. Anydone is not responsible for any breaches of privacy or unauthorized access to sensitive data that occurs during OCR processing.
Anydone retains processed data only as necessary to provide services, improve the OCR technology, or comply with legal obligations. Users can request the deletion of their data following the completion of processing, in accordance with Anydone data retention policies.
Anydone Information Retrieval services are designed to facilitate the querying and retrieval of relevant, structured or unstructured information from a variety of sources, including databases, third-party APIs, and publicly available datasets. Users must ensure that they have legal access to all data sources they query through the service.
Users are solely responsible for ensuring that they have proper authorization to access the data sources they query. This includes ensuring compliance with data provider terms of service, licensing agreements, and any applicable data protection laws.
Users must ensure that the queries submitted to the Information Retrieval services are correctly formulated and do not violate any restrictions on data access. Anydone is not responsible for errors or inaccuracies arising from incorrect or invalid queries.
Users must comply with all applicable laws and regulations when utilizing retrieved data. This includes respecting intellectual property rights, privacy laws, and confidentiality agreements related to third-party data sources.
Anydone retains all intellectual property rights to the technology, algorithms, and infrastructure that power the Information Retrieval services. Users are granted a non-exclusive, non-transferable license to use the retrieved information for internal, non-commercial purposes.
Users retain ownership of any data they query through the Information Retrieval services, subject to the terms of any third-party data providers. Anydone does not claim ownership of the data but may retain certain rights to use data for service improvement and security purposes.
Anydone makes no guarantees about the accuracy, completeness, or timeliness of data retrieved through the Information Retrieval services. Retrieved information may be incomplete or outdated depending on the data source.
Anydone is not responsible for any failure to retrieve data due to connectivity issues, API rate limits, third-party restrictions, or data source unavailability.
While Anydone strives to ensure high availability, it makes no warranties regarding uninterrupted access to the Information Retrieval services. Users may experience disruptions due to maintenance, system updates, or technical failures.
Anydone commits to ensuring the security of data retrieved through the Information Retrieval services. Anydone will process and store user data in accordance with its privacy policy and implement industry-standard security measures.
Users are advised not to query sensitive personal information unless necessary, and Anydone assumes no responsibility for handling sensitive data that is retrieved or used in violation of relevant privacy laws.
The Object Detection services provided by Anydone identify and categorize objects within digital images or video feeds. The service is available only for lawful use in accordance with these Terms and Services and any applicable laws.
The user shall ensure that all images or video feeds submitted for object detection do not contain harmful, illegal, or unethical content, including but not limited to discriminatory, violent, or pornographic material.
The accuracy of object detection results is contingent upon the quality and clarity of the input data provided by the user. Anydone is not liable for any failure to detect objects due to poor image resolution, poor lighting conditions, or any other factors affecting the quality of the input media.
The user must have the proper rights, licenses, or permissions to use the input data, including any underlying intellectual property rights related to the images or video provided for processing.
Anydone retains exclusive ownership of all intellectual property rights related to the object detection algorithms, models, training data, and the technology used in the Object Detection services.
Subject to the terms of this agreement, Anydone grants the user a non-exclusive, non-transferable, revocable license to use the object detection service solely for the user’s internal purposes. This license is limited to the duration of the agreement and may be revoked if the user violates these Terms and Services.
The user retains ownership of all input data provided to the Object Detection services, including images and video feeds, subject to Anydone's right to use such data in accordance with its privacy policy and for purposes of improving the service.
The Image Understanding services perform high-level tasks such as scene recognition, semantic segmentation, and contextual understanding of images. This service is provided subject to the terms and conditions outlined herein and is to be used for lawful and ethical purposes only.
The user is responsible for ensuring that images provided for analysis comply with all applicable laws and regulations, including intellectual property laws, privacy laws, and any applicable content policies set by Anydone.
The user must provide accurate, non-malicious images for processing. Anydone disclaims responsibility for erroneous or biased outputs that result from the submission of misleading, intentionally harmful, or biased visual content.
The user shall ensure that the results derived from the Image Understanding services are not used in ways that harm others, breach privacy, or infringe upon intellectual property rights.
Anydone owns all intellectual property rights associated with the Image Understanding services, including the algorithms, machine learning models, and source code.
Anydone grants the user a limited, non-exclusive, non-transferable, and revocable license to access and use the Image Understanding service. This license is contingent upon the user's adherence to these Terms and Services.
The user retains ownership of any content submitted to the service, including images and data. However, by submitting such content, the user grants Anydone a license to use, store, and process the data for the purposes of providing the service.
The Image Comparison services allow users to compare two or more images to identify differences, similarities, or alterations. This service is provided subject to the terms and conditions outlined herein and is to be used for lawful and ethical purposes only.
The user must provide high-quality images for comparison. Anydone is not responsible for discrepancies in comparison results caused by poor image quality or resolution.
The user agrees to use the service for lawful purposes only and shall not engage in the illegal distribution or comparison of unauthorized content, including copyrighted images without the proper rights.
Anydone does not guarantee the perfect accuracy of the comparison results and is not liable for discrepancies in the image comparison output.
The Image Generation services use advanced generative models to create realistic or artistic images based on user-provided prompts or input. Users must ensure that their use of the Image Generation services complies with intellectual property laws, ethical standards, and Anydone's content policy.
The user is solely responsible for providing accurate and appropriate prompts or inputs for the image generation process.
The user must ensure that the generated images do not infringe upon the intellectual property or privacy rights of third parties. Generated images must not be used for any unlawful or malicious purposes.
The user retains full ownership of any images generated by the Image Generation services, subject to any restrictions outlined in the agreement with Anydone.
The user is granted a non-exclusive, worldwide license to use, distribute, and display generated images for lawful business purposes.
The user agrees to indemnify and hold Anydone harmless from any claims arising from the unlawful use of generated images or violations of intellectual property rights.
Anydone does not guarantee the quality or exactness of the images generated through the Image Generation services and disclaims any responsibility for user dissatisfaction with the generated content.
The Grammar Check service of Anydone identifies and corrects grammatical errors, spelling mistakes, punctuation issues, and stylistic inconsistencies in user submitted text.
Users agree to submit text for processing that complies with intellectual property laws and ethical standards. Users must not use the services to alter, manipulate, or misrepresent text in ways that could deceive others.
Users are responsible for ensuring the final text complies with their intended tone, context, and meaning.
Users must not submit text containing sensitive or confidential information unless authorized. The services must not be used to generate or disseminate harmful, illegal, or misleading content.
user submitted texts are processed securely, and Anydone does not store or share content beyond the session duration. To learn more, visit Anydone's Privacy Policy.
Anydone retains ownership of the algorithms and technologies powering the Grammar Check services.
Users retain ownership of their submitted texts and final outputs, granting Anydone a temporary license to process data solely for service delivery.
Anydone is not liable for errors, omissions, or unintended consequences resulting from reliance on grammar suggestions provided by the services.
Anydone disclaims responsibility for changes made by the user based on the services' outputs.
The Text Generation service of Anydone creates AI-generated content based on user-provided prompts. This includes creative writing, technical documentation, summaries, or other forms of text generation. The service is intended to enhance productivity, support content creation, and simplify complex writing tasks. The services must not be used to generate harmful, deceptive, illegal, or unethical content, nor as a substitute for human authorship in critical applications.
Users must ensure their prompts and the generated outputs comply with intellectual property laws and ethical standards. Users are prohibited from using the services to create or distribute harmful, defamatory, or illegal content.
The service must not be used to create outputs that infringe on intellectual property rights or violate laws. Users must not employ the services for generating text intended to deceive or harm individuals or organizations.
Anydone retains ownership of the algorithms and technologies underlying the Text Generation services. Users retain ownership of their submitted prompts and generated outputs, with Anydone granted a temporary license to process data for service provision.
Anydone does not guarantee the accuracy, quality, or relevance of the text generated by the services. Anydone is not liable for errors, omissions, or unintended consequences resulting from reliance on generated outputs.
The Summarizer service of Anydone generates concise and coherent summaries of longer texts. It is capable of extracting key points and essential details from documents, articles, or other textual content. The service must not be used to distort, misrepresent, or manipulate the meaning of the original text, nor for any purpose that violates intellectual property laws or ethical standards.
Anydone retains all intellectual property rights to the algorithms and technologies underlying the Summarizer services.
The Translation service of Anydone provides automated translation services for converting text between multiple languages. Users must ensure compliance with applicable laws and ethical standards when using the services.
Anydone disclaims liability for errors, omissions, or unintended consequences resulting from reliance on the services' outputs.
The Face Detection Anydone service identifies the presence of human faces within images. The service is designed for lawful use, and all users must ensure compliance with applicable laws, ethical standards, and privacy regulations when using the Face Detection service. Users are prohibited from employing the Face Detection services in any manner that violates human rights, personal privacy, or civil liberties.
The Face Recognition service of Anydone verifies individuals by analyzing facial features in images. The service processes facial data strictly for lawful and ethical purposes, and all users must adhere to these Terms and Services. The service involves handling sensitive biometric data, making strict compliance with applicable laws, including privacy and biometric regulations, mandatory.
The Form Update service of Anydone automates the process of updating forms or responses in forms. The service is used in compliance with applicable laws and ethical standards. Misuse of the service, including unauthorized data modifications, is strictly prohibited.
The Lookup service of Anydone automates the process of retrieving specific information based on user-defined criteria. The service must be used responsibly and in compliance with data protection regulations and ethical standards.
The Code Generation service of Anydone generates code snippets, functions, classes, or entire programs based on user-provided input, including natural language descriptions or programming requirements. The service supports multiple programming languages and frameworks and is intended for professional and lawful use.
The Code Review Anydone service is to assist in identifying issues, optimizing performance, and improving the quality of code. The service analyzes user-provided code to highlight potential bugs, inefficiencies, security vulnerabilities, and non-compliance with coding standards. The service supports a wide range of programming languages and is intended to complement, not replace, manual code review processes. The service is provided under these Terms and Services and is to be used solely for lawful and professional purposes.
The Ticket Create Anydone service automates the process of generating/creating tickets in response to predefined events. Users can specify conditions, define ticket attributes, and link tickets to projects and folders within Anydone platform.
WebAssembly (Wasm) is a binary instruction format designed for web-based applications that ensures high-performance execution and cross-platform compatibility. Within Anydone, the Wasm services provide users the capability to run computationally intensive tasks directly in web browsers or on server-side environments with reduced latency and enhanced security.
Anydone third-party integration feature allows users to connect with external platforms, services, and enable cross-platform communication. Supported integrations include, but are not limited to, webhook-based triggers, email services, messaging platforms (e.g., Slack, WhatsApp, Messenger), and project management tools (e.g., GitHub, Viber, Instagram).
These terms govern all interactions and automations established between Anydone and external third-party platforms through APIs, plugins, or other integration methods. The terms apply to both users configuring integrations and the recipients of data or actions triggered through these integrations.
Anydone assumes no responsibility for claims made by third-party platforms regarding unauthorized or non-compliant use of their services through Anydone integrations.
Anydone utilizes advanced encryption protocols (e.g., TLS 1.3) to secure data shared between Anydone and third-party platforms. However, users must ensure that third-party platforms also comply with encryption standards.