Terms and Conditions for AnomaPay

These terms and conditions (“Terms”) are entered into by and between you (“you”, “your” or “User”) and Anoma Foundation, Gotthardstrasse 26, 6300 Zug, Switzerland, “we”, “us” or “Foundation”). These Terms, including the Privacy Notice, apply to your use of the AnomaPay software services (“Software”).

The Foundation reserves the right to modify these Terms at any time at our sole discretion. In this case, the Foundation will provide notice by changing the “last updated” date above. By continuing to use the Software, you confirm that you accept these updated Terms and all documents incorporated therein by reference. If you do not agree with these Terms, please immediately cease all use of the Software.

By using the Software, you represent and warrant that you:

• are 18+ of age and have the right, authority, legal capacity and legal age to accept these Terms;

• will not use the Software if the laws of your countries of residency and/or citizenship prohibit you from doing so in accordance with these Terms,

• are not subject to personal sanctions issued by the UN, US, EU or Switzerland;

• only use the Software for your own personal use (commercial use is prohibited); and

• are using the Software from one of the countries embargoed or restricted by the Swiss State Secretariat for Economic Affairs (SECO), including, but not limited to: Belarus, Burundi, Central African Republic, Congo, DPRK (North Korea), Guinea, Guinea-Bissau, Iran, Iraq, Lebanon, Libya, Mali, Myanmar (Burma), Republic of South Sudan, Russia, Somalia, Sudan, Syria, Ukraine, Venezuela, Yemen, or Zimbabwe (“Prohibited Jurisdictions”).

The Foundation reserves the right to technically restrict the access to the Software based on your geographical location.

The use of the Software is made at your own risk. You understand and agree that the Software is provided on an “as is” and “as available” basis and that the Foundation expressly disclaims all warranties or conditions of any kind, whether express, implied, statutory or otherwise.

Neither the Foundation nor any person associated with the Foundation makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Software. Without limiting the foregoing, neither the Foundation nor anyone associated with the Foundation represents or warrants that the Software will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Software or the server that makes it available are free of viruses or other harmful components, or that the Software will otherwise meet your needs or expectations.

By using the Software, you further acknowledge and accept:

• AnomaPay is a non-custodial wallet service. You retain sole control over your private keys, and you are fully responsible for safeguarding them.

• The Foundation does not hold, store, or have access to your private keys or wallet contents at any time.

• Transactions executed through AnomaPay are offered without fees. However, you remain fully responsible for any expenses that may arise from your use of the Software (in particular gas fees).

• You may not use AnomaPay in violation of applicable sanctions laws.

• The Foundation does not perform transaction monitoring. You are solely responsible for ensuring that your use complies with all applicable laws and regulations.

• that the Software may contain defects, may not operate continuously or correctly, and should not be used in a production environment. All use is at your own risk.

• AnomaPay usage is entirely voluntary and does not entail eligibility for any form of compensation or incentive.

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Foundation, its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (a) your responsibilities or obligations under these Terms; (b) your violation of these Terms; or (c) your violation of any rights of any other person or entity; (d) and any dispute between you and any other person using the software .

To the fullest extent permitted by law, in no event shall the Foundation, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the Software, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, or any damages resulting from cyber incidents, hacking, malware, unauthorized access, data breaches, or any other form of cyberattack, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

You acknowledge and agree that the Foundation has made the Software available to you and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between the Foundation and you and form an essential basis of the bargain between the Foundation and you. The Foundation would not be able to provide the Software to you without these limitations.

To operate this Software, the Foundation processes personal data. The processing is aligned with the EU General Data Protection Regulation (GDPR) and the Federal Act on Data Protection (FADP); however, the application of these laws depends on each individual case.

• Data Collection and Purpose: The Foundation collects the following categories of data to ensure and monitor the functionality of the Software: user info; invitation code; Ethereum address; base address, prove data, device identity; hardware information; network information (IP Address, network type (WiFi/Cellular), connection status); etc.

• Legal Basis: Where the Foundation asked for your consent, the Foundation processes your data based on such consent. Where the Foundation did not ask for your consent and where required under applicable law, the Foundation processes your data on other legal grounds, such as: a contractual obligation, a legal obligation, a vital interest of the data subject or of another natural person, to perform a public task, or our legitimate interest.

• Data Recipients: As part of our data processing, the Foundation may share your personal data with third parties, in particular to the following categories of recipients:

  • Service providers: the Foundation may share your information with service providers and business partners around the world with whom the Foundation collaborates to fulfil the above purposes (e.g. IT provider, security companies, banks, insurance companies, telecommunication companies, credit information agencies, address verification provider, lawyers) or who the Foundation engages to process personal data for any of the purposes listed above on our behalf and in accordance with our instructions only.

  • Legal authorities: The Foundation may pass on personal data to offices, courts and other authorities in Switzerland or abroad if the Foundation is legally obliged or entitled to do so or if this appears necessary to protect our interests. The authorities are responsible for processing data about you that they receive from us.

  • Contractual partners: In case required under the respective contract the Foundation shares your data with other contractual partners.

• Data Disclosure: The data that the Foundation collects from you may be transferred to, processed and stored in, a country outside the European Economic Area (EEA) or Switzerland. In view of the EEA or Switzerland the law in some of those countries may not offer an adequate level of data protection. The Foundation only transfers data to these countries when it is necessary for the performance of a contract or for the exercise or defense of legal claims, or if such transfer is based on your explicit consent or subject to safeguards that assure the protection of your data, such as the US-EU Data Privacy Framework, the US-CH Data Privacy Framework and/or the Standard Contractual Clauses approved by the European Commission (SCCs), adjusted according to Swiss law, if applicable and required.

• On-Chain Data: Note that on-chain public data is immutable and cannot be erased. You hereby release and indemnify the Foundation of any liability associated with data that you transferred to the blockchain.

• Data Retention: The Foundation only processes your data for as long as necessary to fulfil the purposes the Foundation collected it for, including for the purposes of complying with legal retention requirements and where required to assert or defend against legal claims, until the end of the relevant retention period or until the claims in question have been settled. Upon expiry of the applicable retention period the Foundation will securely destroy your data in accordance with applicable laws and regulations.

• Data Security: The Foundation takes appropriate organizational and technical security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. However, the Foundation and your personal data can still become victims of cyber-attacks, cybercrime, brute force, hacker attacks and further fraudulent and malicious activity including but not limited to viruses, forgeries, malfunctions and interruptions which is out of our control and responsibility. The Foundation has also put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where the Foundation is legally required to do so.

• Your Rights: To the extent provided for by applicable law, you may request information free of charge about the data processed relating to you, its origin and recipients and the purpose of the data processing. You may also have the right to correction, deletion, restriction or objection to processing, as well as to the transfer of the data to another controller. Furthermore, you can revoke your consent at any time with effect for the future. To exercise your rights, contact us at legal@anoma.foundation. Please note that the foregoing rights are subject to legal restrictions and may interfere with or make impossible the provision of our services.

If you provide the Foundation with any feedback, suggestions, or bug reports (“Feedback”) via Discord, Telegram, or any other channels, you grant the Foundation a perpetual, worldwide, irrevocable, fully paid, and royalty-free license to use, copy, modify, and incorporate such Feedback into the Foundation’s products and services in any manner and for any purpose. To the extent permitted by applicable law, you waive any moral rights you may have in such Feedback. No compensation or further obligation arises from such use.

Except as set out otherwise in these Terms, you accept that any and all rights (including copyrights, design rights, picture, movies and/or other intellectual property rights) of the Foundation (in particular but not exclusively in the Foundation’s trademark, the Foundation’s logo and any content available in the Software) shall remain in its sole property. The Foundation does not assign any right, title and interest in any and all work results created or developed by the Foundation under these Terms.

If the Software contains a third-party software or component or an open source software or component, then the use of such software or component shall be subject to the terms of use of such third-party software or component or such open source software or component.

Unless a mutually executed agreement between you and the Foundation states otherwise, these Terms make up the entire agreement between you and the Foundation regarding the Software and supersede any prior agreements.

If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. The Foundation’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

The Foundation reserves the right to designate in the future that certain parts of the Software are governed by separate terms (where, as applicable, you may separately consent).

All of the Foundations’ rights and obligations under these Terms are freely assignable by the Foundation to any of its affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and the Foundation may transfer your information to any of its affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third party. The Foundation hopes you will continue using the Software, but if you do not agree to such an assignment, you must stop using the Software.

You will not transfer any of your rights or obligations under these Terms to anyone else without the Foundation’s prior written consent.

Except as contemplated herein, the Terms do not give any third-party beneficiary rights. If the Foundation fails to enforce any provision of these Terms, it will not be considered a waiver.

The Foundation reserves all rights not expressly granted to you. In certain jurisdictions, you may have legal rights as a consumer, and these Terms are not intended to limit such consumer legal rights that may not be waived by contract. Also, in certain jurisdictions, you may have legal rights as a data subject, and these Terms are not intended to limit such rights that may not be waived by contract.

These Terms shall be construed and interpreted in accordance with the substantive laws of Switzerland, excluding the Swiss conflict of law rules. The United Nations Convention for the International Sales of Goods is excluded.

Any dispute arising out of or in conjunction with these Terms shall be submitted to the exclusive jurisdiction of the ordinary courts of the city of Zug, Switzerland.

Any questions related to these Terms can be sent to legal@anoma.foundation.