Terms and Conditions

Last Updated: 14 June 2024

BACKGROUND

Anyone Protocol is owned and operated by The Foundation for Anyone incorporated in Cayman Islands. (“we”, “us”, “Anyone”, “Anyone Protocol”, or “our”). Anyone is a decentralized physical infrastructure network, utilizing onion routing relays to strengthen internet privacy on an unprecedented scale.

These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, “User”) and us concerning your use of Anyone Protocol and all related services, including, without limitation, any features, content, websites (including anyone.io) offered from time to time by Anyone Protocol, as well as any other form, channel, mobile website, or application related linked, or otherwise connected thereto (collectively, the “Services”).

The Protocol is not intended to be used by any person or entity in any jurisdiction or country where such access or use would be contrary to law or regulation or which would subject us to any regulatory licensing requirement within such jurisdiction or country. Accordingly, persons who choose to access the Protocol from other locations do so on their own initiative and are solely responsible for compliance of local laws, to the extent local laws are applicable.

Information on this Protocol is not, in any circumstance, financial or investment advice. The Company nor any of its affiliates will or shall provide financial or investment advice in any form.

These Terms contain very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that may apply to you. Please read it carefully.

1. ACCEPTANCE OF TERMS

Our Services are only available to you upon acceptance of these Terms. By using our Services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree and/or accept all of these Terms, then you are expressly prohibited from using our Services and you must discontinue use immediately.

We may, in our sole discretion, refuse to offer our Services to any person or entity at any time.

In addition, some services offered through the Services may be subject to additional terms and conditions governed by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

2. CHANGES TO THESE TERMS

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you of any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised terms by your continued use of the Services after the date such revised terms are posted.

3. APPLICATION OF THESE TERMS AND CONDITIONS

These Terms apply to all users of our Services, including natural persons and legal entities.

The Protocol is intended for users who are at least 18 years old. People under the age of 18 are not permitted to make use any of the Protocol’s Services at all.

4. INTELLECTUAL PROPERTY RIGHTS

All Anyone Protocol’s logos, graphics, and service marks are trademarks (whether unregistered or registered) of the Company.

You acknowledge and agree that the Services are the property of Anyone. Subject to your compliance with these Terms, we grant you a limited right to use the Services. The right to use the Services is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives you any licence (other than as set out in this section), right, title, or ownership of, in, or to any of the Services or intellectual property of Anyone.

You acknowledge and agree that we retain all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software development kit (“SDK”) and any methods, processes, trade secrets, codes comprising the Services, and all content therein.

5. DATA PROTECTION

Anyone Protocol’s vision is to provide a trustworthy and widely adopted decentralised privacy solution.

Our data protection practices are outlined below;

  • (a) we collect and process only the minimum amount of data necessary to establish and maintain connections;
  • (b) we encrypt all data transmitted through the Protocol multiple times;
  • (c) we do not collect or store personally identifiable information;
  • (d) we do not maintain logs of user activity, connection records, or data transmission history;
  • (e) you have the right to access, rectify, erase, restrict and object to processing, as applicable.

6. USER REPRESENTATIONS

By accessing and/or using the Services, you represent and warrant that you fully understand and have experience with cryptocurrency, the risks associated with cryptocurrency and the services in which Anyone Protocol provides.

By accessing and/or using the Protocol, you acknowledge that there is no guarantee against losses of funds you may experience while accessing and/or using the Protocol.

You further represent and warrant that you are not entering into transactions that are beyond your financial abilities and that you are aware of the risks related to the online transfer of funds of all kinds, for which you are solely responsible and liable for.

By accessing and/or using the Protocol, you warrant that you are a bona fide user of Anyone Protocol’ services. By making use of any of the services offered by Anyone Protocol. Including but not limited to facilitating Anyone Validators, use of Anon Clients and the use of the Anyone SDK you confirm that you will not use Anyone Protocol Services in connection with any of the following businesses, activities, practices or items, or any criminal activities whatsoever, including but not limited to:

  • (a) Terrorist financing;
  • (b) Money laundering;
  • (c) Illegal gambling;
  • (d) Distributing or funding drugs and drug paraphernalia;
  • (e) Malicious hacking including payments for ransomware;
  • (f) Any business activity we believe poses elevated financial risk, including legal liability, pyramid schemes, network marketing, and referral marketing programs;
  • (g) Knowingly or recklessly providing us with inaccurate or incomplete information through the Platform;
  • (h) Reverse engineering, disassembling, or otherwise attempting to construct, copy, or replicate the Platform’s source code, formulas, or processes;
  • (i) Interfering with the security of the Platform or the safe use of the Platform by others (including without limitation by way of distributing viruses, corrupted files, or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the WebProtocol or its users);
  • (j) Using this Platform for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);
  • (k) Knowingly or recklessly using and/or taking advantage of a technical or technological error, loophole, or glitch on Anyone Protocol’s Platform and Services;
  • (l) Using the Platform or the information contained in it for commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
  • (m) Using systematic, repetitive, or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform;
  • (n) Publishing, posting, distributing, disseminating, or sending ‘spam material’ or engaging in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
  • (o) Collecting or storing personal data about other users of the Platform; or
  • (p) Doing anything else which may interfere with or negatively affect the operation of our Platform, Services, or other users.

7. ANYONE PROTOCOL

The Services of Anyone Protocol includes, but is not limited to, the ability to route encrypted internet traffic through a decentralized network, use of the Anyone Protocol including Anon Network, Anon Clients, Anyone Validators, and Anyone SDK, and interactions facilitated by the $ANYONE Token within the protocol. These services aim to enhance user privacy and optimize bandwidth usage across a distributed network.

While Anyone Protocol strives to maintain the security and integrity of the Service, the nature of decentralized and open-source software means that the system may include vulnerabilities or errors that could be exploited by third parties. Anyone Protocol does not guarantee that the Service will be free from such vulnerabilities and is not liable for any claims, damages, losses, liabilities, costs, or debts, and expenses arising from such vulnerabilities. Users acknowledge the inherent risks associated with the use of any decentralized network and agree to assume all related risks.

8. PROHIBITED ACTIVITES

You may not access or use the Protocol for any purpose other than that for which we make the Protocol available. The Protocol may not be used in connection with any commercial endeavours except if agreed to in a binding legal contract with Anyone Protocol.

The prohibited activities with regards to the Protocol include, but are not limited to:

  • - Systematically retrieving data or other content from the Protocol to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  • - Using the Protocol in any unauthorised manner, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
  • - Circumventing or disabling or otherwise interfering with security-related features of the Protocol, including features that prevent or restrict the use or copying of any Protocol content or enforce limitations on the use of the Protocol and/or the content contained therein;
  • - Engaging in unauthorised framing of or linking to the Protocol;
  • - Defrauding or misleading us and/or other users;
  • - Improperly using our support services or submitting false reports of abuse or misconduct;
  • - Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  • - Interfering with, disrupting, or creating an undue burden on the Protocol or the networks or services connected to the Protocol;
  • - Attempting to impersonate another person;
  • - Using any information obtained from the Protocol in order to harass, abuse, or harm another person;
  • - Use of the Protocol as part of any effort to compete with us or otherwise use Protocol and/or the content contained within for any revenue-generating endeavour or commercial enterprise;
  • - Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Protocol;
  • - Attempting to bypass any measures of the Protocol designed to prevent or restrict access to the Protocol, or any portion of it;
  • - Harassing, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Protocol to you;
  • - Deleting copyright or other proprietary rights notice from any content from or derived from the Protocol;
  • - Copying or adapting the Protocol’s software;
  • - Uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Protocol or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Protocol;
  • - Uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”);
  • - Except as may be the result of standard search engines or Internet browser usage, using, launching, developing, or distributing any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Protocol, or using or launching any unauthorised script or other software;
  • - Disparaging, tarnishing, or otherwise harming, us and/or the Protocol, such harm which is assessed and judged at our sole discretion and opinion; and
  • - Using the Protocol as a minor (under the age of 18 years old).
  • - Using the Protocol in a manner inconsistent with any applicable laws or regulations.

9. ANYONE INCENTIVE LAYER

Relay operators that participate with the protocol are not guaranteed any rewards for their efforts. You acknowledge that Anyone Protocol is not bound to provide you with rewards. If you choose to participate as a relay operator you do so on your own volition to improve the network.

10. TAXES

You shall be solely responsible for any taxes applying to any rewards you receive through the Protocol, and to collect, report, and remit such taxes to the appropriate tax authorities. You acknowledge and agree that, Anyone Protocol will not provide a taxation report concerning the operation executed and that it is your duty to collect all the information required by the competent tax authorities in order to comply with your tax obligations.

11. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Protocol, and the Smart Contracts (“Submissions”) provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment from or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

12. ANYONE SDK LICENSE

Under these Terms, Anyone Protocol grants you a limited, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Anyone SDK solely in accordance with the terms set forth herein.

You acknowledge that Anyone Protocol and various third parties hold all legal rights, title, and interest in the Anyone SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property Rights" encompasses all rights under patent law, copyright law, trade secret law, trademark law, and any other proprietary rights. Anyone Protocol reserves all rights not expressly granted in this agreement.

You are permitted to use the Anyone SDK exclusively for purposes expressly allowed by this agreement. Unless required by applicable third-party licenses, you are prohibited from:

  • - Copying (other than for backup purposes), modifying, adapting, redistributing, decompiling, reverse engineering, disassembling, or creating derivative works of the SDK or any part of it unless otherwise stated in this Agreement.
  • - Loading any part of the SDK onto hardware other than a personal computer, or combining the SDK with other software, or distributing any software or device that incorporates part of the SDK.

You agree not to undertake any actions that may cause or result in the fragmentation of the Anyone SDK, including but not limited to distributing, participating in the creation of, or promoting any derivative SDKs.

Use, reproduction, and distribution of components of the Anyone SDK licensed under an open source software license are governed solely by the terms of that open source software license and not by this License Agreement.

The form and nature of the Anyone SDK provided by Anyone Protocol may change without prior notice to you, and future versions of the SDK may be incompatible with applications developed on previous versions. Anyone Protocol reserves the right to cease (permanently or temporarily) providing the SDK (or any features within the SDK) at its sole discretion, without prior notice.

Nothing in this License Agreement grants you the right to use any of Anyone Protocol's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. You also agree not to remove, obscure, or alter any proprietary rights notices affixed to or contained within the SDK.

Anyone Protocol acknowledges that it obtains no right, title, or interest from you (or your licensors) under this License Agreement in or to any software applications that you develop using the Anyone SDK, including any intellectual property rights that subsist in those applications.

You agree to use the Anyone SDK and develop applications solely for purposes that are permitted by (a) these Terms, and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.

If you use the Anyone SDK to develop applications for general public users, you agree to protect the privacy and legal rights of those users. If users provide your application with usernames, passwords, or other login information or personal information, you must make these users aware that the information will be available to your application, and you must provide legally adequate privacy notice and protection for those users. If your application stores personal or sensitive information provided by users, it must do so securely. If the user provides your application with account information for Anyone Network, your application may only use that information to access the user's account when, and for the limited purposes for which, the user has given you permission to do so.

You agree that you will not engage in any activity with the SDK, including the development or distribution of an application, website or protocol, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party.

You agree that you are solely responsible for (and that Anyone Protocol has no responsibility to you or to any third party for) any data, content, or resources that you create, transmit, or display through the Anyone SDK and/or applications developed using the SDK, and for the consequences of your actions (including any loss or damage which The Foundation for Anyone may suffer) by doing so.

You agree that you are solely responsible for (and that Anyone Protocol has no responsibility to you or to any third party for) any breach of your obligations under these Terms, any applicable third-party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which Anyone Protocol or any third party may suffer) of any such breach.

13. THIRD PARTY WEBPROTOCOL AND CONTENT

The Protocol may contain (or you may be sent via the Protocol) links to other web Protocols (“Third-Party Web Protocols”), as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Web Protocols and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Web Protocols accessed through the Protocol, or any Third-Party Content posted on, available through, or installed from the Protocol, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Web Protocols or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Web Protocols or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Protocol and access the Third-Party Web Protocols or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and Conditions no longer govern your use of and interaction with these Protocols and/or Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any Protocol to which you navigate from the Protocol or relating to any applications you use or install from the Protocol.

Any purchase you make through Third-Party Apis, applications or protocols will be through other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Web Protocols and we are not liable for any harm caused by your purchase of such products and services. Additionally, you agree and acknowledge that we accept no liability for any losses sustained by you or harm caused to you relating to or resulting, in any way, from any Third-Party Content or any contact with Third-Party Web Protocols.

14. ADVERTISING

We may allow advertisers to display their advertisements and other information in certain areas of the Protocol, including sidebars, pop-ups, and banners. If you are an advertiser, you should take full responsibility for any advertisements you place on the Protocol, and any services provided on the Protocol, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Protocol, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

15. TERMINATION OF USE AND BANNING OF ACCOUNTS AND ASSOCIATED ADDRESSES

You terminate these Terms at any time by withdrawing consent to abide by these terms via writing. If you withdraw consent, or otherwise terminate these Terms, you will not receive any refunds for any transactions that you might make on or through the Protocol.

You agree that we, in our sole discretion and for any or no reason, may terminate these Terms or suspend and/or terminate your use of our platform, or ban you from using the Protocol without the provision of prior notice. You agree that any suspension or termination of your access to the Protocol may be without prior notice and that we will not be liable to you or to any third party for any such suspension or termination.

If we terminate these Terms or suspend or terminate your access to or use of the Protocol due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.

We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorised use of the Protocol. Without limiting the forgoing, we have the right to fully cooperate with any law enforcement authorities or court order requestion or directing us to disclose the identity or other information of anyone using the Protocol.

Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have used or gathered on the Protocol or that is related to your wallet, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

16. LIMITATION OF LIABILITY

In no event will Anyone Protocol, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the Protocol, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not Anyone Protocol was advised of the possibility of such damages.

Without limiting the generality of the foregoing, Anyone Protocol takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Protocol, including, without limitation, to any of the following: (i) delays, interruption or loss of services; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) corrupted data on Anyone Protocol’ servers; (vi) failure to update or provide correct information; (vii) “phishing” or other webProtocols masquerading as Anyone Protocol; (viii) stolen, lost, or unauthorised use of your means of authorization; (ix) loss of business or goodwill.

The limitation of liability set out above shall not be applicable in case of loss or damages caused by Anyone Protocol or any of its employees by intentional misconduct or gross negligence.

The Protocol supports or is integrated with third party services. Anyone Protocol takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third-party services.

The Protocol is provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. Anyone Protocol disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.

17. INDEMNIFICATION

To the fullest extent permitted under applicable laws, you agree to hold harmless and indemnify Anyone Protocol, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third-party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of:

  • (a) Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties;
  • (b) Your alleged or actual use or misuse of the Services; and
  • (c) Your alleged or actual infringement or violation of any laws or of the rights of a third party.

18. ENTIRE AGREEMENT

These Terms constitute all the terms and conditions agreed upon between you and Anyone Protocol and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

19. SEVERABILITY AND WAIVER

Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.

The failure of Anyone Protocol to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of Anyone Protocol’ rights to do so.

20. ASSIGNMENT

Anyone Protocol may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license your rights under these Terms to any third party.

21. NO PARTNERSHIP

Nothing contained in these Terms shall be deemed or construed to create a principal and agent, partnership, or joint venture relationship between you and Anyone Protocol.

22. FORCE MAJEURE

Anyone Protocol will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond Anyone Protocol’ reasonable control.

23. GOVERNING LAW

These Terms and Conditions, and your use of the Protocol, are/is governed by and constructed in accordance with the laws of the Cayman Islands, applicable to agreements made and to be entirely performed in Cayman Islands, without regard to its conflicts of law principles.

24. ACCESSING AND AMENDING PERSONAL INFORMATION

You are entitled to review, correct, or amend your personal information, or to delete that information where it is inaccurate. You may do this by contacting us at support@anyone.io

If your access to the Protocol is suspended or terminated, we will keep your information in our database for at least seven years for regulatory purposes. This ensures that those who are attempting to avoid fraud cannot achieve this by simply closing or terminating their access. When your access is closed or terminated, your information will not be used by us for any further purposes, including sharing to third parties.

25. Note
The X (formerly Twitter) handle temporarily used by Anyone is https://x.com/atorprotocolnew.