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).
1. anydone Services
1.1. Services Overview : 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.
1.2. Provision of Services : 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 (as defined in Section 12) 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.
1.3. Access to Services : 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.
1.4. anydone Apps : 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.
1.5. Deployment of anydone Code : 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.
1.6. Contractors and Affiliates : 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.
1.7. General Restrictions : Customer will not (and
will not
permit any third party to):
(a) rent, lease, provide access
to
or sublicense the Services to a third party;
(b)
use
the
Services to provide, or incorporate the Services into, any
product or service provided to a third party;
(c)
reverse
engineer, decompile, disassemble, or otherwise seek to obtain
the source code or non-public APIs to the Services, except to
the extent expressly permitted by applicable law (and then only
upon advance notice to anydone);
(d) copy or modify the Services
or any Documentation, or create any derivative work from any of
the foregoing;
(e) remove or obscure any proprietary or other
notices contained in the Services (including without limitation
(i) the "Powered by anydone" designation that may appear as part
of the deployment of the Services on Customer Properties and
(ii) notices on any reports or data printed from the Services);
or
(f) publicly disseminate information regarding the
performance of the Services.
1.8. anydone APIs : 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).
1.9. Trial Subscriptions : 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.
2. Customer Data
2.1. Rights in Customer Data : 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.
2.2. Storage of Customer Data : 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.
2.3. Customer Obligations
:
a) In General. Customers are solely responsible for the
accuracy, content and legality of all Customer Data:
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.
b) No Sensitive Personal Information: 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.
c) Compliance with Laws. 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.
d) Disclosures on Customer Properties. 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.
e) Social Media Data.
i. FullContact; Opt-Out. The Services use third-party services
provided by FullContact, Inc. ("FullContact") to enable Customer
to retrieve publicly-available information about People
including without limitation social media information, profile
information, gender, company, job titles, photos, physical
addresses, and website URLs ("Social Media Data") based on
People's email addresses input into the Services. Customers may
opt out of having People's email addresses sent to FullContact
via the Dashboard.
ii. Restrictions.Customer agrees not to use any Social Media
Data obtained via the Services for the purposes of cookie
tracking, ad exchanges, ad networks, data brokerages, sending
electronic communications (including email) in violation of
applicable Law, or any other activity or purpose that may be
identified as prohibited by anydone from time to time.
iii. Disclosures.Customer agrees to obtain all necessary
clearances, consents and approvals from People in order to use
Social Media Data as required under all applicable Laws,
including without limitation by disclosing in Customer's privacy
policy information about the collection and use of People's
email addresses as set forth in this Section.
2.4. Indemnification by Customer : 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 (i) prompt written notice of such
claim (but in any event notice in sufficient time for Customer
to respond without prejudice); (ii) the exclusive right to
control and direct the investigation, defense, or settlement of
such claim; and (iii) all necessary cooperation of anydone at
Customer's expense. 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.
2.5. Aggregated Anonymous Data : 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.
2.6. EU-U.S. Privacy Shield : 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.
3. Security
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.
4. Third-Party Platforms
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.
5. Your Responsibilities
5.1. Your Account: 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.
5.2. Your use of the Service(s): You agree not to (a) license,
sublicense, sell, resell, rent, lease, transfer, assign,
distribute, time share or otherwise commercially exploit or make
the Service(s) available to any third party, other than Users
and End-Users in furtherance of Your internal business purposes
as expressly permitted by these Terms; (b) use the Service(s) to
Process data on behalf of any third party other than Your Users
and End-Users; (c) modify, adapt, or hack the Service(s) or
otherwise attempt to gain or gain unauthorized access to the
Service(s) or related systems or networks; (d) falsely imply any
sponsorship or association with Us; (e) use the Service(s) in
any unlawful manner, including but not limited to violation of
any person’s privacy rights; (f) use the Service(s) to send
unsolicited communications junk mail, spam, pyramid schemes or
other forms of duplicative or unsolicited messages; (g) use the
Service(s) to store or transmit any content that infringes upon
any person’s intellectual property rights; (h) use the
Service(s) in any manner that interferes with or disrupts the
integrity or performance of the Service(s) and its components;
(i) attempt to decipher, decompile, reverse engineer,
disassemble, reproduce, or copy or otherwise access or discover
the source code or underlying program of any Software making up
the Service(s); (j) use the Service(s) to knowingly post,
transmit, upload, link to, send or store any content that is
unlawful, racist, hateful, abusive, libelous, obscene, or
discriminatory; (k) use the Service(s) to store or transmit any
“protected health information” as that term is defined in 45
C.F.R. 160.103 unless expressly agreed to otherwise in writing
by Us; (l) use the Service(s) to knowingly post, transmit,
upload, link to, send or store any viruses, malware, Trojan
horses, time bombs, or any other similar harmful software
(“Malicious Software”); (m) establish a link to Our Websites in
such a way as to suggest any form of association, approval or
endorsement on Our part where none exists; (n) use the
Service(s) for the purposes of cookie tracking, ad exchanges, ad
networks, data brokerages, or sending electronic communications
(including e-mail) in violation of applicable law; (o) use of
the Service(s) for any purpose prohibited by applicable export
laws and regulations, including without limitation, nuclear,
chemical, or biological weapons proliferation, or development of
missile technology; (p) try to use, or use the Service(s) in
violation of these Terms.
5.3. You shall be responsible for any loss of data or attempted
or actual access or use of the Service(s) through Your Account
in violation of these Terms.
5.4. If We inform You that a specified activity or purpose is
prohibited concerning the Service(s), You will ensure that You
immediately cease use of the Service(s) for such prohibited
activity or purpose.
6. Changes to the service(s) and websites
6.1 Our Service(s) : 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.
6.2 Websites : 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.
7. Intellectual Property Rights
7.1 Ownership of IPR: 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).
7.2 Grant of License to Us: 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.
7.3 Grant of License to 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.
7.4 Reservation of Rights: All rights not expressly provided to
You herein are reserved.
7.5 Logo: 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.
8. Ownership
8.1. anydone Technology : 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.
8.2. Feedback : 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.
9. Subscription Term, Fees & Payment
9.1. Subscription Term and Renewals : 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.
9.2. Fees and Payment: 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.
9.3. Payment Via Credit Card: 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.
9.4. Suspension of Service: 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).
10. Term and Termination
10.1. Term: This Agreement is effective as of the Effective Date
and expires on the date of expiration or termination of all
Subscription Terms.
10.2. Termination for Cause : 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).
10.3. Effect of Termination: 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.
11. Limited Warranty
11.1. Limited Warranty : 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.
11.2. Warranty Disclaimer:. 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.
12.Confidential Information
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 (1) hold in confidence and not disclose any
Confidential Information to third parties and (2) not use
Confidential Information for any purpose other than fulfilling
its obligations and exercising its rights under this Agreement.
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 15 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.
13. Miscellaneous
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.
14.1 Anydone Data Processing Addendum
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 act 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.
14.1.1 Processing Requirements As a Data Processor, Anydone agrees to:
[a]. process Customer Data only (i) on Customer’s behalf for the purpose of providing and supporting Anydone’s Services (including to provide insights, reporting, analytics, and platform abuse, trust, and safety monitoring); (ii) in compliance with the written instructions received from Customer; and (iii) in a manner that provides no less than the level of privacy protection required of it by Data Protection Laws;
[b]. promptly inform Customer in writing if Anydone cannot comply with the requirements of this DPA;
[c]. not provide Customer with remuneration in exchange for Customer Data from Customer. The parties acknowledge and agree that Customer has not “sold” (as such term is defined by the CCPA) Customer Data to Anydone;
[d]. not “sell” (as such term is defined by U.S. Privacy Laws ) or “share” (as such term is defined by the CCPA) Personal Data;
[e]. inform Customer promptly if, in Anydone’s opinion, an instruction from Customer violates applicable Data Protection Laws;
[f]. require (i) persons employed by it and (ii) other persons engaged to perform on Anydone’s behalf to be subject to a duty of confidentiality with respect to the Customer Data and to comply with the data protection obligations applicable to Anydone under this Agreement and this DPA;
[g]. engage the organizations or persons listed on its subprocessor list to process Customer Data (each a “Subprocessor”). Customer hereby consents to the use of such Subprocessors. If Customer subscribes to email notifications regarding Subprocessor changes, Anydone will notify Customer of any updates to the Subprocessor list at least 15 days before changes take effect. If Customer does not consent to a new Subprocessor, Customer may notify Anydone of their objection, and Anydone will seek to address the concern. If unresolved, either party may terminate the relevant part of the Services. Anydone shall enter into contractual arrangements with each Subprocessor to ensure a comparable level of data protection and agrees to be liable for the acts and omissions of its Subprocessors as if performed by Anydone itself;
[h]. upon reasonable request no more than once per year, provide Customer with Anydone’s privacy and security policies and other information necessary to demonstrate compliance with this DPA and applicable Data Protection Laws;
[i]. where required by law, cooperate with assessments, audits, or other steps performed by or on behalf of Customer at Customer’s sole expense and in a manner minimally disruptive to Anydone’s business. Anydone may alternatively provide summaries of third-party audits or certification reports demonstrating compliance with this DPA;
[j]. to the extent Customer permits or instructs Anydone to process Customer Data subject to U.S. Privacy Laws in a de-identified, anonymized, or aggregated form, ensure such data cannot be linked to a particular individual or household and not attempt re-identification except to confirm compliance with de-identification processes;
[k]. where Customer Data is subject to the CCPA, not (i) retain, use, disclose, or otherwise process Customer Data except as necessary for the business purposes specified in this Agreement or this DPA; (ii) retain, use, disclose, or otherwise process Customer Data outside the direct business relationship between Anydone and Customer; or (iii) combine any Customer Data with Personal Data from other third parties or Anydone’s own interactions, except as permitted under the CCPA or directed by Customer;
[l]. where required by law, grant Customer the rights to (i) take reasonable and appropriate steps to ensure Anydone uses Customer Data in compliance with Data Protection Laws and (ii) stop and remediate unauthorized use of Customer Data, for example, by requesting written confirmation of data deletion where applicable.
Visit Anydone Privacy Policy to know more on our compliance and how we handle incoming data.
14.1.2 Notification Obligations: Anydone will promptly notify the Customer if it becomes aware of:
a. Any binding legal request from a law enforcement agency for disclosure of Customer Data, unless prohibited by law, such as to maintain the confidentiality of an investigation; b. Any formal notice, investigation, or inquiry initiated by a Supervisory Authority concerning Customer Data; or c. Any complaint or request received directly from data subjects regarding their Customer Data (e.g., requests for access, correction, or restriction). Anydone will not act on such requests without the Customer’s prior written consent
14.1.3 Support to the Customer: Anydone will provide unconditional support to the Customer in:
a. Handling data subject requests under Data Protection Laws, including requests for access, correction, restriction, portability, or deletion of Customer Data processed by Anydone. If Anydone directly receives such requests, it will promptly forward them to the Customer; b. Investigating any security breach involving Customer Data, such as accidental or unauthorized access, disclosure, alteration, or loss (a “Personal Data Breach”); and c. Conducting data protection impact assessments or engaging in consultations with Supervisory Authorities, where required, in relation to the processing of Customer Data.Processing Mandated by Law 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.
14.1.2 Security Measures Anydone will:
a. Implement robust organizational and technical security measures to protect Customer Data against unauthorized access, loss, or alteration, ensuring compliance with Data Protection Laws; b. Ensure its personnel adhere to confidentiality obligations and take steps to secure Customer Data in alignment with this Agreement; and c. Notify the Customer without undue delay of any Personal Data Breach involving Anydone, its Subprocessors, or third parties processing Customer Data on Anydone’s behalf.
14.1.2 Customer Responsibilities
[a]. The Customer guarantees it has the necessary rights and permissions to provide Customer Data to Anydone for processing as outlined in this Agreement. [b]. The Customer must comply with all applicable Data Protection Laws. [c]. The Customer will collaborate with Anydone as needed to fulfill obligations related to data subject requests. [d]. The Customer acknowledges its responsibility for certain service configurations and security design decisions, which must comply with applicable Data Protection Laws. [e]. Customer Data should only be transferred to Anydone through approved mechanisms using secure, appropriate methods. [f]. The Customer will not engage in activities that could classify the sharing of Customer Data as a “sale” or “share” under applicable privacy laws or undermine Anydone’s status as a “service provider” or “processor.”
14.1.2 International Data Transfers
[a]. Customer Data originating from regions governed by specific data protection regulations will be transferred under lawful safeguards, such as Standard Contractual Clauses (SCCs) or equivalent mechanisms, ensuring compliance with applicable laws. [b]. Anydone will ensure international data transfers comply with all relevant legal requirements and safeguard Customer Data accordingly. [c]. Details of data transfer mechanisms, dispute resolution processes, and applicable terms will be specified in supplementary documentation or annexes to this Agreement.
[d]. The parties agree to comply with any mandatory clauses and applicable modifications to ensure compliance with evolving data transfer regulations.
14.1.2 Data Retention
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.
14.2 Billing and Licensing
1.1 License Fees
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:
a. Adjustments may be made to reflect reasonable cost increases or enhancements to functionality, with at least two (2) months' prior written notice to the customer, taking effect from January 1 of the following calendar year.
b. Fee adjustments will be deemed reasonable if the increase does not exceed 5% of the existing rate.
c. Should the customer consider the adjustment unreasonable, they have the right to submit a written objection within four (4) weeks of receiving the notice. Failure to object within this timeframe will constitute acceptance of the new rates. If the customer objects, Anydone reserves the right to terminate the agreement with four (4) weeks' notice following receipt of the objection.
14.3 CLAUSE FOR DATA SAFTEY MEASURES AT Anydone
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. Here, we have describe 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. The Security Measures below summarize key aspects applicable to this Agreement.
[A]. SECURITY MEASURES Corporate Identity, Authentication, and Authorization Controls. Anydone employs industry best practices for authenticating and authorizing internal employee and service access, including the following measures:
- Single sign-on (SSO) is used to authenticate to third-party services utilized in delivering the Services. Role-Based Access Controls (RBAC) are employed when provisioning internal access to the Services;
- Mandatory multi-factor authentication is required for authenticating to Anydone’s identity provider;
- Unique login identifiers are assigned to each user;
- Established review and approval processes for access requests to systems storing Customer Data;
[B]. Anydone Procedure for Customer Identity:
Authentication, and Authorization Controls. Anydone employs industry best practices for authenticating and authorizing customer access to the Services, including the following measures:
- Identity access management service to manage Customer identity, avoiding storage of user-provided passwords by Anydone; and
- Logical separation of Customer Data by organization account using unique identifiers, with unique user accounts supported within each organization.
[C]. Network Defense and Cloud Technology:
Anydone applies industry best practices to secure and operate its cloud infrastructure, including:
- Separation of production and non-production environments;
- Deployment of primary backend resources behind a VPN;
- Routine audits of the Services for security vulnerabilities;
- Configuration of network security policies and firewalls to follow least-privilege access principles;
- Blocking of non-permitted traffic flows; and
- Monitoring of service logs for security and availability.
[D]. System Governance and Workstation Oversight:
:
Anydone employs industry best practices to secure corporate systems, including:
- Endpoint managementof corporate workstations and mobile devices;
- Automatic application of security configurations to workstations;
- Mandatory patch management; and
- Maintenance of appropriate security logs.
[E]. Information Access Management:
Anydone applies best practices to prevent unauthorized access to data, including:
- Ensuring employee access follows the principle of least privilege;
- Restricting access to Customer Data to employees whose job functions support the delivery of Services; and
- Using Customer Data only in accordance with the terms of the Agreement and other applicable agreements.
[F]. Data Confidentiality and Release Control:
Anydone implements measures to prevent unauthorized access, alteration, or removal of data during transfer, including:
- Encryption of data at rest using strong encryption algorithms;
- Encryption of datain transit;
- Audit trails for data access requests;
- Full-disk encryption on corporate workstations;
- Deletion of Customer Data upon request.
[G]. Access Availability Management:
Anydone maintains best practices to ensure the continued functionality of its Services, including:
- Systems restoration in case of interruptions;
- Monitoringand fault reporting systems;and
- Comprehensive anti-malware and intrusion detection/prevention solutions.
[H]. Division Management:
Anydone applies best practices for the separate processing of data collected for different purposes, including:
- Logical segregation of Customer Data;
- Role-based access restrictions to stored data;
- Segregation of business information system functions;
- Separation of testing and production information system environments.
[I]. Risk Monitoring and Mitigation:
Anydone detects and manages cybersecurity risks through measures such as:
- Threat modeling to identify and prioritize security risks;
- Annual penetration testing of the Services, with prompt resolution of identified issues;
- Regular external audits of security practices, including SOC 2 Type II certification audits;
- A vulnerability management program ensuring the timely remediation of vulnerabilities.
[J]. Human Resources Management:
Anydone employs best practices for vetting, training, and managing personnel, including:
- Background checks (where legally permissible) for employees accessing Customer Data;
- Annual and supplemental security training for employees.
[K]. On-site Access Control:
Anydone applies measures to prevent unauthorized physical access to its facilities, including:
- 24-hour on-site security personnel;
- 24-hour video surveillance and alarm systems;
- Access controlsystems requiring biometrics, photo-ID badges , or PINs;
- Visitor sign-in and escort protocols; and
- Logging of facility entries and exits.
[L]. Third-Party Risk Mitigation:
Anydone manages third-party security risks through measures such as:
- Written contracts requiring agents to maintain safeguards for Customer Data;
- Formal vendor security assessments for all third parties.
[M]. Security Breach Response:
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:
- Aggregating system logs from various systems to facilitate detection and response for security and general observability;
- Notifying the customer promptly in the event of a personal data breach, in accordance with the Data Processing Agreement (DPA).
[N]. Regular Vulnerability Assessments:
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.
14.4. Anydone Services
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.
1. Scope of Application
1.1.1 Input Requirements: Clear specifications on permissible input data and user responsibilities for ensuring data accuracy, legality, and relevance.
1.1.2 Output Usage: Rules governing the lawful use of Anydone’s services generated outputs, including intellectual property considerations and restrictions on misuse.
1.1.3 Integration Guidelines: Conditions for integrating Anydone services with third-party systems to maintain legal and functional compatibility.
1.1.4 Each Services offers unique functionalities tailored to specific needs, and these terms ensure users understand their rights, responsibilities, and limitations while engaging with these features.
1.2 Territorial Jurisdiction
These terms are enforceable globally, but specific provisions may vary based on the user's location and applicable local laws. Anydone services are subject to jurisdictional laws, including regional privacy and data protection standards, and user must comply with such legal requirements.
1.3 Use by Authorized Entities
Access to Anydone services is restricted to individuals or organizations with a lawful purpose, and their usage must comply with ethical and legal frameworks, particularly in industries but not limited to; such as healthcare, education, and government
1.4 Legal Accountability of Users
Users assume full responsibility for ensuring that the input data provided and the actions performed through Anydone features and services comply with applicable local, national, and international laws. This includes verifying data ownership, obtaining necessary consents, and avoiding prohibited uses, such as unlawful surveillance or data manipulation.
2. Commitment to Compliance
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:
(i) General Data Protection Regulation (GDPR)
(i) California Consumer Privacy Act (CCPA)
(ii) Digital Millennium Copyright Act (DMCA)
(iii) Intellectual Property Laws
(iv) Any jurisdiction-specific legal requirements applicable to the user’s location.
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
2.1 Audits and Accountability
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.
2.1 Cross-Border Data Transfers
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.
3. Key Principles of Anydone Service
3.1 Transparency: 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.
3.2 Accountability: Users are solely responsible for the consequences of their input data, activities, and the actions triggered.
3.3 Ethics and Fair Use: Anydone strictly prohibits unethical or illegal use of its services and features, including but not limited to surveillance, discrimination, or unauthorized data manipulation.
3.4 User Accountability for Outputs: 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.
3.5 Reporting Misuse: 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.
4. Acknowledgment and Agreement:
By accessing or using Anydone features and services, users confirm that they:
(i) Have read and understood these terms in their entirety;
(ii) Agree to comply with all rules, regulations, and responsibilities outlined herein;
(iii) Understand the consequences of non-compliance, including termination of service or legal action.
4.1 Binding Nature of Terms:
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.
4.2 Legal Recourse for Breach:
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.
4.3 Acknowledgment of Risks and Responsibilities:
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.
4.4 Amendments to Terms:
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.
14.4.1 Termination and Suspension of Anydone Service
1. Right to Terminate or Suspend Services
i. By Anydone
Anydone reserves the right to terminate or suspend access to its services, without prior notice if the user:
Violates the terms and conditions outlined in this agreement.
- Engages in unlawful, unethical, or unauthorized activities while using Anydone services.
-
Misuses the platform, including attempts to access, modify, or use Anydone services in ways not intended or permitted.
- Fails to pay applicable fees or breaches financial obligations associated with the Anydone services.
-
Compromises the security, integrity, or functionality of the platform or related systems.
-
Suspension or termination may also occur for; non compliance with legal, regulatory, or government requirements.
ii. By the User
Anydone reserves the right to terminate or suspend access to its services, without prior notice if the user:
Violates the terms and conditions outlined in this agreement.
- Users may terminate their use of Anydone services by providing written notice in accordance to our cancellation.
-
Users must cease all use of the service and delete proprietary materials or data provided by Anydone upon cancellation/termination.
2. Effect of Termination or Suspension
i. Immediate Consequences
- Upon termination, user access to Anydone services will be immediately revoked.
-
Any remaining but not limited to; tasks, workflows, or data processing activities will be halted.
3. Data Retention and Deletion
i.
Anydone will retain user data for a limited period as specified in our data retention policy above , after which the data will be securely deleted unless otherwise required by law.
ii.
Users are encouraged to export or back up their data before termination to avoid loss of information.
4. Unpaid Fees and Financial Obligationsh
i.
Users remain responsible for settling unpaid fees, including charges incurred prior to termination or suspension.
ii.
Anydone reserves the right to take legal to recover unpaid dues.
5. Survival of Obligations
i.
Provisions regarding intellectual property, confidentiality, indemnification, and liability limitations shall survive termination or suspension of services.
6. Notice and Communication
i. By Anydone
- 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.
ii. By Users
- Users must provide notice of their intent to terminate services via the official communication channels designated by Anydone.
7. Reinstatement fo Service
i. At Anydone’s Discretion
- 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).
8. Non-Reinstatable Cases
i. Anydone reserves the right to permanently terminate services in cases of severe breaches, fraud, or legal violations.
9. Indemnification
i. Indemnification Obligations
- 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:
(i) Misuse of Anydone’s services and features (ii) violation of applicable laws, regulations, or third-party rights, including intellectual property or data privacy laws (iii) breach of the terms outlined in this agreement (iv) user-provided input or content that infringes on third-party rights or causes harm.
i. Output indemnity:
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:
(i) Customer or Customer’s End Users knew or should have known the Output was infringing or likely to infringe,
(ii) Customer or Customer’s End Users disabled, ignored, or did not use any relevant citation, filtering or safety features or restrictions provided by Anydone,
(iii) Output was modified, transformed, or used in combination with products or services not provided by or on behalf of Anydone,
(iv) Customer or its End Users did not have the right to use the Input or fine-tuning files to generate the allegedly infringing Output,
(v) the claim alleges violation of trademark or related rights based on Customer’s or its End Users’ use of Output in trade or commerce, and
(vi) the allegedly infringing Output is from content from a Third Party Offering.
14.4.2. API Service
1.1 Scope
Anydone's API service enable 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.
1.2. User Obligations and Responsibilities
- 1.2.1. Users are required to utilize the API in accordance with Anydone's guidelines, technical documentation, and applicable laws.
- 1.2.2. Users must implement necessary security measures to protect their API keys, data exchanges, and integration processes. Any unauthorized access or misuse must be reported to Anydone immediately.
- 1.2.3. Users must ensure that API requests do not exceed the agreed-upon rate limits to maintain system performance and avoid service interruptions.
- 1.2.4. Users are responsible for ensuring the accuracy of the input data and the validity of API calls. Any errors resulting from incorrect or incomplete data are the user’s responsibility.
- 1.2.5. Users are expected to test API integrations thoroughly in a non-production environment before deploying them to live systems.
1.2. Prohibited Uses
- 1.3.1. Users shall not use the API for any unlawful purpose, including but not limited to activities that infringe on intellectual property rights, violate privacy laws, or facilitate unauthorized access to third-party systems.
- 1.3.2. Reverse engineering, decompiling, or attempting to extract source code or underlying components of the API is strictly prohibited.
- 1.3.3. Users are forbidden from using the API to distribute harmful content such as malware, viruses, or other malicious code
- 1.3.4. The API must not be used for activities that disrupt or overload Anydone’s servers or degrade the performance of other users.
- 1.3.5. Any attempt to use the API in ways that circumvent its intended functionality or Anydone's terms and policies is strictly prohibited
1.4. Intellectual Property and Ownership
- 1.4.1. Anydone retains all rights, titles, and interests in and to the API, including any updates, modifications, or enhancements. Users are granted a non-exclusive, non-transferable, and revocable license to use the API as outlined in the terms of their agreement.
- 1.4.2. All data generated or exchanged via the API is owned by the user unless explicitly stated otherwise. However, Anydone retains the right to use anonymized and aggregated data for improving services, research, and development purposes.
- 1.4.3. Users shall not claim ownership of the API or any derivative works, nor use Anydone's intellectual property (including trademarks and logos) without prior written consent.
1.5. Limitation of Liability
- 1.5.1. Anydone shall not be held liable for any damages resulting from the use or inability to use the API, including but not limited to system downtime, data loss, or service interruptions.
- 1.5.2. Users acknowledge and agree that the API is provided on an “as-is” and “as-available” basis. Anydone makes no warranties, either express or implied, regarding the performance, reliability, or fitness for a particular purpose of the API.
- 1.5.3. Anydone’s total liability for claims arising out of or related to API usage is limited to the fees paid by the user for the API during the six (6) months preceding the event giving rise to the claims.
- 1.5.4. Anydone shall not be liable for any third-party claims resulting from the user’s misuse or unauthorized integration of the API.
- 1.5.5. Any liability related to user-provided data, including its accuracy, legality, and compliance, rests solely with the user.
14.4.3. Speech-to-Text
2.1 Scope
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.
2.1. Intellectual Property and Usage Rights
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 services's outputs for personal or business purposes. Users are prohibited from reselling or redistributing the outputs without prior written consent.
2.3. Indemnification
Anydone will not indemnify claims arising from:
- 2.3.1. The use of audio files without the proper rights or permissions.
- 2.3.2. Outputs that have been altered or combined with third-party products.
- 2.3.3. The misuse of outputs in a way that infringes on third-party intellectual property rights.
2.4. Liability and Disclaimer:
Anydone will not indemnify claims arising from:
- 2.4.1. Anydone is not responsible for errors in transcription or inaccuracies resulting from poor audio quality, background noise, or unclear speech.
- 2.4.2. Users acknowledge that transcription outputs may require manual review for accuracy.
14.4.4. Text-to-Speech
3.1 Scope
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.
3.2. Intellectual Property and Usage Rights
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.
3.3. Indemnification
Anydone disclaims responsibility for:
- 3.3.1. Claims resulting from the use of text inputs without proper rights.
- 3.3.2. Outputs altered, remixed, or used alongside third-party products or services.
- 3.3.3. TClaims arising from defamatory, infringing, or otherwise unlawful use of audio outputs.
3.4. Liability and Disclaimer:
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.
14.4.5. OCR (Optical Character Recognition)
4.1 Scope
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.
4.2 User Obligations and Responsibilities
- 4.2.1. Content Compliance: 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.
- 4.2.2. Quality of Input: 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).
- 4.2.3. Authorized Use: 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.
4.3 Intellectual Property and Usage Rights
- 4.3.1. OCR Technology: 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.
- 4.3.2. Content Ownership: 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.
- 4.3.3. Restrictions on Redistribution: 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.
4.4 Indemnification
- 4.4.1. Unauthorized or improper use of the OCR service.
- 4.4.2. Uploading content that infringes on intellectual property rights, including but not limited to copyrighted images, proprietary documents, and sensitive personal data.
- 4.4.3. Use of OCR outputs in ways that violate any applicable laws or regulations, including privacy laws and data protection regulations.
- 4.4.4. Modifications to OCR outputs that lead to legal issues or third-party claims.
4.5 Limitations of Liability
- 4.5.1. Accuracy of OCR: 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.
- 4.5.2. Service Availability: 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.
- 4.5.3. Performance and Errors: 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.
4.6 Data Privacy and Security
- 4.6.1. Data Processing: 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.
- 4.6.2. Sensitive Data: 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.
- 4.6.3. Data Retention: 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.
14.4.6. Information Retrieval Services
5.1 Scope
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.
5.2 User Obligations and Responsibilities
- 5.2.1. Data Access: 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.
- 5.2.2. Accuracy of Queries: 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.
- 5.2.3. Data Usage: 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.
5.3 Intellectual Property and Usage Rights
- 5.3.1. Information Retrieval Technology: 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.
- 5.3.2. Ownership of Retrieved Data: 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.
5.4 Indemnification
- 5.4.1. Unauthorized access to or use of third-party databases, APIs, or datasets.
- 5.4.2. Violation of intellectual property rights related to the data retrieved or the way it is used.
- 5.4.3. Breach of any confidentiality or privacy agreements related to third-party data.
- 5.4.4. Any legal or regulatory violations resulting from the use of the Information Retrieval services.
5.5 Limitations of Liability
- 5.5.1. Data Accuracy: 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.
- 5.5.2. Data Retrieval Failures: Anydone is not responsible for any failure to retrieve data due to connectivity issues, API rate limits, third-party restrictions, or data source unavailability.
- 5.5.3. Service Disruptions: 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.
5.6 Data Privacy and Security
- 5.6.1. Data Processing and Protection: 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.
- 5.6.2. Sensitive Data: 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.
14.4.7. Object Detection
6.1 Scope
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.
6.2 User Obligations and Responsibilities
- 6.2.1. Content Compliance: 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.
- 6.2.2. Accuracy of Input: 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.
- 6.2.3. Authorized Use: 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.
6.3 Intellectual Property and Ownership
- 6.3.1. Ownership of Technology: 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.
- 6.3.2. License Grant: 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.
- 6.3.3. Ownership of Input Data: 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.
6.4 Indemnification
- 6.4.1. The user’s breach of any representation, warranty, or obligation set forth in this Agreement.
- 6.4.2. Any claim that the user’s input data infringes upon the intellectual property rights of a third party.
- 6.4.3. Any misuse or illegal use of the object detection results or any violation of applicable laws.
6.5 Limitations of Liability
- 6.5.1. Anydone makes no representation or warranty regarding the accuracy, reliability, or completeness of the object detection results.
- 6.5.2. The user acknowledges that the Object Detection services may not be capable of identifying every object or feature in every image, particularly where the input data is of low quality or contains complex or unconventional objects.
- 6.5.3. Under no circumstances shall Anydone be liable for any indirect, incidental, punitive, or consequential damages, including lost profits, arising from the use or inability to use the Object Detection service.
6.6 Privacy and Data Security
- 6.6.1. Anydone is committed to protecting the privacy and security of user data. However, the user agrees not to upload any personal, sensitive, or confidential data unless they have implemented appropriate encryption or security protocols.
- 6.6.2. Anydone may collect and use non-personally identifiable data to improve the performance and accuracy of the Object Detection services. All such data will be handled in accordance with Anydone's Privacy Policy.
14.4.8. Image Understanding
7.1 Scope
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.
7.2 User Obligations and Responsibilities
- 7.2.1. Content Compliance: 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.
- 7.2.2. Data Integrity: 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.
- 7.2.3. Use of Outputs: 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.
7.3 Intellectual Property and Ownership
- 7.3.1. Intellectual Property Rights: Anydone owns all intellectual property rights associated with the Image Understanding services, including the algorithms, machine learning models, and source code.
- 7.3.2. License to Use: 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.
- 7.3.3. Ownership of User-Generated Content: 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.
7.4 Indemnification
- 7.4.1. The user agrees to indemnify Anydone against any third-party claims arising from the user’s misuse of the Image Understanding services or any violation of these Terms and Services. This includes, but is not limited to, claims related to intellectual property infringement, defamation, invasion of privacy, or the unlawful use of visual content processed by the service.
7.5 Limitations of Liability
- 7.5.1. The user acknowledges that the Image Understanding services may not always produce perfect or 100% accurate interpretations of images. Anydone makes no guarantees regarding the correctness of the analysis or interpretations of visual data.
- 7.5.2. Anydone shall not be held liable for any loss, damage, or harm caused by the user’s improper use of the insights or outputs derived from the Image Understanding service.
7.6 Privacy and Data Security
- 7.6.1. Anydone takes the privacy and security of user data seriously and employs industry-standard security measures to protect the data provided to the Image Understanding service.
- 7.6.2. Anydone is not responsible for securing any images or data provided by the user if the user does not implement the necessary protective measures, such as encryption.
14.4.9. Image Comparison
8.1 Scope
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.
8.2 User Obligations and Responsibilities
- 8.2.1. Image Quality: 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.
- 8.2.2. Legal Use: 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.
8.3 Intellectual Property and Ownership
- 8.3.1. Intellectual Property Rights: The algorithms, models, and code used in the Image Comparison services are owned by Anydone.
- 8.3.2. Ownership of Data: The user retains ownership of the images submitted for comparison but grants Anydone a limited, non-exclusive license to process and analyze those images for the purposes of providing the service.
8.4 Limitations of Liability
- Anydone does not guarantee the perfect accuracy of the comparison results and is not liable for discrepancies in the image comparison output.
14.4.10. Image Generation
9.1 Scope
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.
9.2 User Obligations and Responsibilities
- 9.2.1. Input Responsibility: The user is solely responsible for providing accurate and appropriate prompts or inputs for the image generation process.
- 9.2.2. Content Compliance: 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.
9.3 Intellectual Property and Ownership
- 9.3.1. Ownership of Generated Content: The user retains full ownership of any images generated by the Image Generation services, subject to any restrictions outlined in the agreement with Anydone.
- 9.3.2. License to Use: The user is granted a non-exclusive, worldwide license to use, distribute, and display generated images for lawful business purposes.
9.4 Indemnification
- 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.
9.5 Limitations of Liability
- Generated Image Quality: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.
14.4.11. Grammar Check
10.1 Scope
The Grammar Check service of Anydone identifies and corrects grammatical errors, spelling mistakes, punctuation issues, and stylistic inconsistencies in user-submitted text.
10.2 Lawful and Ethical Use
- 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.
10.3 Accuracy and Review
- Users are responsible for ensuring the final text complies with their intended tone, context, and meaning.
10.4 Prohibited Uses
- 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.
10.5 Data Privacy and Security
- 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.
10.6 Intellectual Property and Ownership
- 10.6.1 Anydone retains ownership of the algorithms and technologies powering the Grammar Check services.
- 10.6.2 Users retain ownership of their submitted texts and final outputs, granting Anydone a temporary license to process data solely for service delivery.
10.7 Limitations of Liability
- 10.7.1 Anydone is not liable for errors, omissions, or unintended consequences resulting from reliance on grammar suggestions provided by the services.
- 10.7.2 Anydone disclaims responsibility for changes made by the user based on the services' outputs.
14.4.12. Text Generation
11.1 Scope
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.
11.2 Lawful and Ethical Use
- 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.
11.3 Prohibited Uses
- 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.
11.4 Data Privacy and Security
- 11.4.1. Anydone does not store or share user-provided prompts or generated text beyond the session duration.
- 11.4.2. User data is processed securely, and Anydone does not claim ownership of submitted prompts or generated outputs.
- 11.4.3. Anydone ensures that all text generation activities are conducted in compliance with applicable data protection laws; Anydone Privacy Policy.
11.5 Intellectual Property and Ownership
- 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.
11.6 Limitations of Liability
- 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.
14.4.13. Summarizer
12.1 Scope
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.
12.2 User Obligations and Responsibilities
- 12.2.1. Users agree to use the Summarizer services for lawful and ethical purposes only.
- 12.2.2. Users are responsible for ensuring compliance with applicable intellectual property laws when submitting content for summarization.
12.3 Prohibited Uses
- 12.3.1. The services must not be used to produce misleading or deceptive summaries.
- 12.3.2. Users must not submit sensitive or confidential information unless explicitly authorized to do so.
12.4 Confidentiality
- 12.4.1. Anydone does not claim ownership of user-submitted content and ensures that data is not used for purposes outside the summarization request.
- 12.4.2. Users are responsible for safeguarding any summaries generated and ensuring their appropriate use.
12.5 Intellectual Property and Ownership
- 12.5.1. Anydone retains all intellectual property rights to the algorithms and technologies underlying the Summarizer services.
- 12.5.2. Users retain ownership of their input content and summaries but grant Anydone a limited, temporary license to process the data for service provision.
12.6 Limitations of Liability
- 12.6.1. Anydone is not liable for inaccuracies, omissions, or unintended interpretations in the summaries produced by the services.
- 12.6.2. Anydone disclaims responsibility for any consequences arising from reliance on the services' outputs.
- 12.6.3. Anydone reserves the right to terminate access to the Summarizer services for any misuse or violations of these Terms and Services.
- 12.6.4. Users must cease use and delete proprietary materials upon termination.
14.4.14. Translation
13.1 Scope
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.
13.2 User Obligations and Responsibilities
- 13.2.1. Users agree to use the Translation services for lawful and ethical purposes, ensuring that submitted content and translations comply with intellectual property laws.
- 13.2.2. Users are prohibited from using the services to create, disseminate, or promote harmful, illegal, or misleading content.
- 13.2.3. Users are responsible for independently verifying the accuracy of translations, especially when used in critical or sensitive contexts.
13.3 Prohibited Uses
- 13.3.1. The services must not be used to translate sensitive or confidential information unless authorized by the data owner.
- 13.3.2. Users are prohibited from employing the services for activities that infringe on intellectual property rights or violate ethical norms.
13.4 Intellectual Property and Ownership
- 13.4.1. Anydone retains ownership of the technologies and algorithms powering the Translation services.
- 13.4.2. Users retain ownership of their submitted and translated texts, granting Anydone a temporary license to process the data for service provision.
13.5 Limitations of Liability
- Anydone disclaims liability for errors, omissions, or unintended consequences resulting from reliance on the services' outputs.
14.4.15. Face Detection
14.1 Scope
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.
14.2 User Obligations and Responsibilities
- 14.2.1. The user agrees to use the Face Detection services solely for lawful and ethical purposes.
- 14.2.2. The user is responsible for complying with all local, national, and international laws, including but not limited to data protection regulations, when deploying the service.
14.3 Consent and Privacy
- 14.3.1. The user must obtain explicit consent from individuals where required by law before capturing or processing any image or video containing their faces.
- 14.3.2. The user agrees not to use the Face Detection services in settings where individuals have a reasonable expectation of privacy unless explicitly permitted by law.
14.4 Prohibited Uses
- 14.4.1. The user must not use the Face Detection services for unlawful surveillance, stalking, or any other activity that infringes upon personal rights.
- 14.4.2. The services must not be deployed in systems designed to discriminate against or harm individuals based on race, gender, ethnicity, or any other protected characteristic.
14.5 Accuracy and Validation
- 14.5.1. Users must validate all outputs before deploying them in critical systems.
14.6 Intellectual Property and Ownership
- 14.6.1. Anydone retains all intellectual property rights to the algorithms, software, and models underlying the Face Detection services.
- 14.6.2. The user retains ownership of any data they submit for processing but grants Anydone a limited license to process such data for the purpose of providing the service.
14.7 Limitations of Liability
- 14.7.1. Anydone is not responsible for the misuse of the Face Detection services by the user.
- 14.7.2. Anydone disclaims all liability for errors or inaccuracies in the services’s outputs, as well as any consequences arising from such errors.
14.4.16. Face Recognition
15.1 Scope
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.
15.2 User Obligations and Responsibilities
- 15.2.1. Users must obtain explicit consent from individuals whose facial data is being processed, as required by law.
- 15.2.2. Users must inform individuals about the purpose of the face recognition process, data retention policies, and their rights under applicable data protection laws.
- 15.2.3. Users agree to use the Face Recognition services only for lawful purposes, such as security, authentication, or other legitimate applications.
- 15.2.4. Users must not deploy the services for unlawful surveillance, profiling, or discriminatory practices.
15.3 Prohibited Uses
- 15.3.1. The service must not be used for activities that violate human rights, such as mass surveillance, political repression, or discriminatory profiling.
- 15.3.2. Users must not submit data to the services that they do not have the legal right to process.
15.4 Intellectual Property and Ownership
- 15.4.1. Anydone retains all rights to the models and algorithms used in the Face Recognition services.
- 15.4.2. Users retain ownership of the facial data submitted but grant Anydone a non-exclusive, temporary license to process such data for service provision.
15.5 Limitations of Liability
- 15.5.1. Anydone does not guarantee the accuracy or reliability of the Face Recognition services and disclaims liability for errors or false positives/negatives.
- 15.5.2. Users are solely responsible for verifying the accuracy of recognition results before relying on them in critical systems.
14.4.17. Form Update
16.1 Scope
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.
16.2 User Obligations and Responsibilities
- 16.2.1. Users must ensure that updates made via the Form Update service comply with applicable laws, organizational policies, and data privacy standards.
- 16.2.2. Users are responsible for verifying that they have the appropriate permissions to modify form responses or form structures.
- 16.2.3. The service executes updates based on user inputs.
- 16.2.4. Users are responsible for ensuring the accuracy and appropriateness of these updates.
16.3 Prohibited Uses
- 16.3.1. Users must not employ the services to alter or falsify data in ways that could mislead or harm individuals or organizations.
- 16.3.2. Unauthorized access to or modification of sensitive or confidential form data is strictly prohibited.
16.4 Intellectual Property and Ownership
- 16.4.1. Anydone retains all rights to the algorithms and technologies underlying the Form Update service.
- 16.4.2. Users retain ownership of their forms and associated data, granting Anydone a limited, temporary license to process updates as requested.
16.5 Limitations of Liability
- 16.5.1. Anydone is not liable for errors, omissions, or unintended consequences resulting from user-provided inputs or reliance on the service's outputs.
- 16.5.2. The service is provided "as-is," and Anydone disclaims responsibility for any loss of data or operational disruptions caused by its use.
14.4.18. Lookup
17.1 Scope
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.
17.2 User Obligations and Responsibilities
- 17.2.1. Users must ensure that lookup operations comply with applicable laws, organizational policies, and data privacy standards.
- 17.2.2. The services retrieves data based on user-defined parameters.
- 17.2.3. Users are responsible for defining accurate search criteria to ensure relevant results.
- 17.2.4. Users must independently validate retrieved data before using it for decision-making or triggering further automation activities.
17.3 Prohibited Uses
- 17.3.1. The service must not be used to access unauthorized, sensitive, or confidential information.
- 17.3.2. Users must not employ the services to retrieve data for unlawful, deceptive, or harmful purposes.
- 17.3.3. Anydone ensures that form data is processed securely and is not stored or shared beyond the scope of the lookup request.
- 17.3.4. Users are responsible for ensuring that only authorized personnel can initiate lookup operations.
- 17.3.5. Anydone provides tools to support secure access management and auditing of lookup activities.
17.4 Intellectual Property and Ownership
- 17.4.1. Anydone retains ownership of the technologies and algorithms underlying the Lookup services.
- 17.4.2. Users retain ownership of their forms and associated data, granting Anydone a limited, temporary license to process lookup requests as specified.
17.5 Limitations of Liability
- 17.5.1. Anydone is not liable for inaccuracies, omissions, or unintended consequences resulting from user-defined search criteria or reliance on retrieved data.
- 17.5.2. The service is provided "as-is," and Anydone disclaims responsibility for any loss or damages resulting from its use.
14.4.19. Code Generation
18.1 Scope
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.
18.2 User Obligations and Responsibilities
- 18.2.1. The user must ensure that the input provided for code generation is accurate, specific, and detailed to achieve the desired results.
- 18.2.2. Ambiguous or incomplete input may result in suboptimal or incorrect code output, for which Anydone is not liable.
- 18.2.3. The user acknowledges that all code generated by the service is to be reviewed and validated by the user or a qualified professional before use.
- 18.2.4. Anydone does not guarantee that the generated code is free from bugs, errors, or security vulnerabilities.
18.3 Prohibited Uses
- 18.3.1. The user agrees not to use the Code Generation services for unlawful or unethical purposes, including but not limited to generating malicious code (e.g., malware, ransomware), violating intellectual property rights, or enabling unauthorized access to systems or data.
18.4 Intellectual Property and Ownership
- 18.4.1. The user retains ownership of the code generated by the Code Generation services, provided that such ownership does not violate third-party intellectual property rights or applicable laws.
- 18.4.2. Anydone does not claim ownership of the generated code but retains rights to the underlying AI models and algorithms used to produce the code.
- 18.4.3. Andone grants the user a non-exclusive, non-transferable, and revocable license to use the Code Generation services for lawful purposes, subject to these Terms and Services.
- 18.4.4. Anydone is not responsible for identifying or managing licenses or dependencies that may be included in the generated code.
- 18.4.5. The user must review and comply with any third-party licenses associated with such code or dependencies.
18.5 Limitations of Liability
- 18.5.1. The Code Generation services is provided "as-is" without any warranty of accuracy, completeness, or fitness for a specific purpose.
- 18.5.2. Anydone shall not be liable for any direct, indirect, incidental, punitive, or consequential damages resulting from the use of the Code Generation services, including but not limited to system failures, data loss, or financial.
- 18.5.3. The user acknowledges that they bear sole responsibility for reviewing, testing, and deploying the generated code in a secure and functional manner
14.4.20. Code Review
19.1 Scope
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.
19.2 User Obligations and Responsibilities
- 19.2.1. The user is responsible for ensuring that the code submitted for review is accurate and relevant to the intended purpose.
- 19.2.2. Anydone is not responsible for issues arising from incomplete or erroneous input.
- 19.2.3. Anydone does not guarantee that the review results will identify all issues, bugs, or vulnerabilities in the code.
- 19.2.4. The user must ensure that the reviewed code is used only for lawful purposes and does not facilitate illegal activities.
- 19.2.5. The user is responsible for ensuring that the reviewed code complies with all relevant industry standards, regulations, and organizational policies.
19.3 Intellectual Property and Ownership
- 19.3.1. The user retains full ownership of the code submitted for review, as well as the reviewed and modified code, subject to any third-party rights.
- 19.3.2. Anydone does not claim ownership of the user’s code but retains ownership of the algorithms and models used for code analysis.
- 19.3.3. Anydone grants the user a limited, non-exclusive license to use the Code Review services in accordance with these Terms and Services.
19.4 Limitations of Liability
- 19.4.1. The user acknowledges that the Code Review services may not detect all issues or vulnerabilities in the submitted code.
- 19.4.2. Anydone shall not be held liable for any direct, indirect, or consequential damages arising from the use of the Code Review services, including but not limited to production downtime, system failures, or financial losses.
- 19.4.3. Anydone takes the security and privacy of user-submitted code seriously and ensures that all data is processed securely and in compliance with Anydone Privacy Policy.
- 19.4.4. The user must avoid submitting sensitive or confidential information in the code unless necessary and protected by appropriate measures.
- 19.4.5. Anydone may use anonymized data to improve the Code Review services but will not share user-specific code with third parties without explicit consent.
- 19.4.6. Anydone reserves the right to suspend or terminate the user’s access to the Code Review services for violations of these Terms and Services or any unethical or unlawful activities.
14.4.21. Ticket Create
20.1 Scope
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.
20.2 User Obligation and Responsibility
- 20.2.1. Users are responsible for ensuring that predefined conditions, ticket attributes, and associated data fields comply with applicable laws.
- 20.2.2. Mandatory fields such as ticket type, project, and folder must be properly defined and lawfully populated.
- 20.2.3. Ticket Create must not be used to generate fraudulent, misleading, or unauthorized tickets.
- 20.2.4. All tickets created must serve legitimate and lawful purposes.
- 20.2.5. Users must ensure that any data used to trigger ticket creation or populate ticket fields is lawfully obtained and used with the necessary permissions or consents.
20.3 Prohibited Uses
- 20.3.1. The user must not use the Ticket Create service for unlawful, or any other activity that infringes upon personal rights.
20.4 Intellectual Property and Ownership
- 20.4.1. The user retains full ownership of the ticket create service subject to any third-party rights.
- 20.4.2. Anydone does not claim ownership of the user’s ticket create service services but retains ownership of the algorithms and models used for it.
- 20.4.3. Anydone grants the user a limited, non-exclusive license to use the Ticket Create services in accordance with these Terms and Services.
20.5 Limitations of Liability
- 20.5.1. The ticket create service is provided "as-is" without any warranty of accuracy, completeness, or fitness for a specific purpose.
- 20.5.2. Anydone shall not be liable for any direct, indirect, incidental, punitive, or consequential damages resulting from the use of the ticket create service, including but not limited to system failures, data loss, or financial losses.
14.4.22. WebAssembly (Wasm)
21.1 Scope
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.
21.2 User Obligation and Responsibility
- 21.2.1. Users are responsible for ensuring that all code executed within the Wasm environment is free from malicious intent, security vulnerabilities, and unauthorized operations.
- 21.2.2. Ensure that all data processed within Wasm complies with applicable privacy laws.
- 21.2.3. Avoid transmitting or processing data without user consent or lawful authorization.
- 21.2.4. By utilizing the Wasm services, users acknowledge and accept full responsibility for the scripts, workflows, and data processed under their account.
- 21.2.5. Users agree to comply with all applicable local and international laws governing the use of Wasm, including but not limited to data protection, intellectual property, and cybersecurity regulations.
21.3 Intellectual Property Safeguards
- 21.3.1. Users must have appropriate rights or licenses to execute custom scripts or workflows through Wasm.
- 21.3.2. Execution of copyrighted, patented, or proprietary scripts without authorization is strictly prohibited and may result in legal consequences.
- 21.3.3. Users are permitted to integrate Wasm with third-party libraries or tools, provided that such integrations comply with licensing agreements and Anydone terms of service.
21.4 Prohibited Uses
- 21.4.1. The services must not be used to WASM sensitive or confidential information unless authorized by the data owner.
- 21.4.2. Users are prohibited from employing the services for activities that infringe on intellectual property rights.
21.5 Limitations of Liability
- 21.5.1. The WASM service is provided "as-is" without any warranty of accuracy, completeness, or fitness for a specific purpose.
- 21.5.2. Anydone shall not be liable for any direct, indirect, incidental, punitive, or consequential damages resulting from the use of the WASM service, including but not limited to system failures, data loss, or financial.
14.5. Third-Party Integrations Service
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).
Applicability
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.
Commitment to Compliance
(i) Users are solely responsible for ensuring that their use of Anydone integration capabilities adheres to applicable laws and the terms of service of connected third-party platforms.
(ii) Misuse of third-party integrations, such as sending unauthorized data or triggering unlawful actions, is strictly prohibited.
Third-Party Compliance
(i) Users must ensure that third-party platforms connected to Anydone comply with relevant privacy, security, and regulatory requirements.
(ii) Anydone does not guarantee the compliance of third-party platforms and assumes no liability for their actions or policies.
Data Privacy and Security
(i) Users must ensure that sensitive or personal data shared via integrations is transmitted securely and processed in accordance with applicable data protection laws.
(ii) Anydone uses industry-standard encryption protocols to safeguard data during transmission but cannot guarantee the security measures of third-party platforms.
Authorization and Permissions
(i) Users must obtain proper authorization before connecting Anydone to third-party platforms.
(ii) Anydone requires users to provide API keys, tokens, or other credentials to establish integrations, and users are responsible for securing this information.
Prohibited Activities
- Unauthorized access or tampering with third-party services through integrations.
- Triggering spam, fraudulent activities, or other malicious actions via integrated platforms.
- Misusing integrations to bypass security controls or perform activities prohibited by law or third-party terms.
Third-Party Claims
- Anydone assumes no responsibility for claims made by third-party platforms regarding unauthorized or non-compliant use of their services through Anydone integrations.
Acknowledgment and Agreement
(i) User Obligations:
- By enabling third-party integrations, users acknowledge and accept that they are bound by both Anydone’s terms and the terms of the connected platforms.
- Users are responsible for ensuring compatibility and compliance of their automation workflows with both platforms’ policies.
(ii) Data Ownership and Control:
- Users retain ownership of data transmitted via integrations but grant Anydone and third-party platforms limited rights to process this data strictly for the purposes of enabling the automation workflows.
Encryption Standards
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.
Advanced Security and Compliance Measures
(i) Access Controls:
- Anydone employs access controls to restrict unauthorized connections and prevent unauthorized access to user accounts and data.
- Users are required to configure appropriate access permissions on third-party platforms.
(ii) Encryption Standards:
- 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.
(iii) Audit and Logging:
- Anydone maintains detailed logs of integration activities for compliance and troubleshooting purposes.
- Users may access these logs to monitor the execution of automation workflows and ensure accountability.