Terms of Service

These Terms of Service (the “Terms”) govern access to and use of the products, services, websites, APIs, SDKs, and software (collectively, the “Services”) provided by Anon, Inc. (“Anon”, “we”, or “us”). By accessing or using the Services, signing an order form referencing these Terms, or otherwise indicating acceptance, the customer (“Customer” or “you”) agrees to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

1. Term & Renewal

Unless an order form, statement of work, or other written agreement signed by both parties expressly states otherwise, all contracts and subscriptions for the Services are month-to-month and automatically renew for successive one-month terms at the then-current rates. Anon may adjust pricing for any renewal term by providing reasonable advance notice.

2. Termination & Notice

Either party may terminate a subscription for convenience by providing at least thirty (30) calendar days' written notice of non-renewal or termination, unless an order form or other written agreement signed by both parties expressly states otherwise. Notice given less than 30 days before the next renewal date will take effect at the end of the following billing period, and Customer remains responsible for fees through that date. Anon may terminate or suspend the Services immediately for non-payment, breach, suspected fraud or abuse, or to comply with law. No refunds or credits will be issued for partial periods, early termination, or unused portions of any prepaid term.

3. Fees & Payment

Customer will pay all fees specified in the applicable order form or pricing page. Unless otherwise stated in writing, all invoices are due and payable in full within five (5) calendar days of receipt of invoice. Amounts not paid when due accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and Customer is responsible for all costs of collection, including reasonable attorneys' fees. Fees are non-cancelable and non-refundable except as expressly stated. All fees are exclusive of taxes, levies, and duties, which are the responsibility of Customer. Anon may suspend the Services for any account with overdue balances.

4. Use of the Services

Subject to these Terms and timely payment of fees, Anon grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for Customer's internal business purposes during the term.

Customer will not, and will not permit any third party to: (a) reverse engineer, decompile, or attempt to derive source code from the Services; (b) resell, sublicense, or make the Services available to any third party except as expressly permitted; (c) use the Services to build or benchmark a competing product; (d) circumvent rate limits or access controls; (e) use the Services in violation of applicable law or any Anon acceptable-use policy; or (f) introduce malicious code or interfere with the integrity of the Services.

5. Intellectual Property

As between the parties, Anon retains all right, title, and interest in and to its pre-existing intellectual property and the underlying Services, including the Anon platform, software, SDKs, APIs, scoring methodologies, and any general improvements or enhancements to the foregoing. Customer retains all right, title, and interest in Customer Data and in any deliverables that Anon creates specifically for Customer under a written statement of work, subject to the payment of all applicable fees; Anon hereby assigns such rights in those Customer-specific deliverables to Customer upon full payment, excluding any pre-existing or generally applicable Anon technology incorporated therein, which Anon licenses to Customer on a non-exclusive basis solely for use of the deliverable.

No rights are granted by implication, estoppel, or otherwise except as expressly stated in these Terms. Any feedback, suggestions, or ideas provided by Customer regarding the Services may be used by Anon without restriction or obligation.

6. Customer Data

As between the parties, Customer retains all rights to data it submits to the Services (“Customer Data”). Customer grants Anon a worldwide, royalty-free license to host, process, transmit, and display Customer Data solely as necessary to provide and improve the Services, to generate aggregated and de-identified analytics and benchmark data, and to comply with law. Anon may use aggregated, de-identified, or anonymized data derived from the Services for any lawful purpose, including product development, research, and publication of industry benchmarks.

7. Confidentiality

Each party (the “Receiving Party”) will protect the other party's non-public information disclosed in connection with these Terms (“Confidential Information”) using the same degree of care it uses for its own confidential information of like importance, but in no event less than reasonable care, and will use Confidential Information only to exercise its rights and perform its obligations under these Terms. Anon's pricing, the Services, and any non-public technical information about the Services are Confidential Information of Anon.

8. Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ANON DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE SECURE OR NOT LOST.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ANON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANON'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO ANON FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

Customer will defend, indemnify, and hold harmless Anon and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data; (b) Customer's use of the Services in violation of these Terms or applicable law; or (c) Customer's infringement or misappropriation of any third-party right.

11. Service Availability

Anon does not commit to any specific service-level uptime, response time, or support response unless expressly set forth in a separate, mutually executed service-level agreement. Scheduled maintenance, third-party outages, force majeure events, and other interruptions do not constitute a breach of these Terms.

12. Modifications

Anon may update these Terms from time to time by posting a revised version at this URL or otherwise notifying Customer. Material changes will be effective upon the earlier of (a) the start of the next renewal term or (b) thirty (30) days after notice. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

13. Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware for any dispute not subject to arbitration. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

14. General

These Terms, together with any order form or written agreement referencing them, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements. In the event of a conflict, a signed order form controls over these Terms only as to the specific terms it expressly addresses. If any provision is held unenforceable, the remaining provisions remain in full force. Failure to enforce a provision is not a waiver. Customer may not assign these Terms without Anon's prior written consent; Anon may assign these Terms in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. The parties are independent contractors. Any purchase-order terms or click-through terms proffered by Customer are rejected and have no effect.

15. Contact

Questions about these Terms may be sent to legal@anon.com.