Anysphere's Terms of Service

Last updated: March 06, 2022

Anysphere Inc., Beta Terms of Service

THIS IS A BETA TEST. THIS BETA TEST MAY CONTAIN ONE OR MORE BETA SERVICES (THE "SERVICES") PROVIDED BY ANYSPHERE, INC. ("ANYSPHERE," "WE," OR "US"). ANYSPHERE’S BETA TERMS OF SERVICE ("TERMS") APPLY TO YOUR ACCESS TO AND USE OF THE SERVICES. BY AGREEING TO PARTICIPATE IN THE BETA TEST YOU UNDERSTAND THAT IT MAY BE CANCELED AT ANY TIME FOR ANY OR NO REASON, IN OUR SOLE DISCRETION, WITHOUT ADVANCE NOTICE OR LIABILITY TO ANYSPHERE.

1. Eligibility

You cannot use the Services if you are not able to form legally binding contracts (for example, if you are under 18 years old); are temporarily or indefinitely suspended from using Anysphere's websites or are a person with whom transactions are prohibited under economic or trade sanctions.

2. Copyrights and Ownership

Ownership and Copyright of the Anysphere application and its source code, website code, and applicable Services and all copies thereof, including their source code, remain with Anysphere (“Anysphere IP”). Anysphere IP is copyrighted and is protected by United States copyright laws and international treaty provisions. You will not remove copyright notices from the Services. Licensee agrees to prevent any unauthorized copying of the Services. Except as expressly provided herein, Anysphere does not grant any express or implied right to you under Anysphere’s patents, copyrights, trademarks, or trade secret information.

3. The Services

As part of the beta test, we provide you with the Anysphere application as well as access to our servers. Together, these form a private communication platform based on recent research in private information retrieval. You will be able to write messages to a limited number of friends, privately and securely.

4. License

In connection with this Agreement and subject to the restrictions set forth herein, Anysphere hereby grants to You, a royalty-free, limited, non-exclusive, non-transferable license, revocable in Anysphere’s sole and absolute discretion, to use the Services solely and exclusively for personal communications between You and other approved users of the Services with the explicit acknowledgement that such license is granted solely and exclusively for the purpose of Testing; provided that, the Services must not be used on or as part of any commercial or illegal purpose.

Anysphere reserves the right in its sole discretion to edit, add to or delete any of the features, data files (if any) or other components of the Services from time to time without prior notice. Furthermore, Anysphere shall have the right at any time and from time to time to modify or provide update(s) or upgrade(s) to the Services or components thereof as Anysphere may determine in its sole discretion. You agree and acknowledge that no product or service of Anysphere not specifically described in these Terms shall be deemed to have been licensed to You hereby.

You shall have no right to grant any sub licenses with respect to the Services or any component(s) thereof.

Except for the license rights granted to You hereunder, You shall have no right, title or interest in and to the Services or any component(s) thereof, including the patents, copyrights, trade secrets, trademarks, mask works, inventions, source code, object code, data files, listings and documentation related thereto, together with all revisions, modifications, alterations, and derivative works thereof in all forms.

You are expressly prohibited from removing or modifying any references to copyright, the marking of other industrial property rights or serial numbers and other features that serve to identify the Services.

You are not allowed to perform penetration tests, DDoS attack test or any kind of security test on the Services. If you are interested in conducting any such penetration/security test, you are required to obtain authorization from Anysphere in advance before proceeding.

5. Disclaimer and Limited Warranty

This is a Beta test. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

The sole purpose of this Beta test is to obtain feedback on its performance and to identify defects (hereinafter referred to as “Testing”). You expressly acknowledge that the Services are a test product and may contain bugs, errors and other problems that could cause loss of data store in the platform, privacy leakage, inconsistent performance and other failures including but not limited to systems crashes, interruptions and data loss. You are advised to use caution and not to rely in any way on the performance and functioning of the Services. The Services are made available to You free of charge and no warranty shall be provided for the Services, except for the operability of the Services.

While we believe that our code provides complete privacy, you are advised that this is a Beta test, and as such, we may have bugs which may compromise your privacy, including leaking who you talk to, when you talk to them and what you talk about. Our Beta code has not undergone a security audit. During the Beta test, you are advised not to send anything on Anysphere that you would not be comfortable sending over regular email.

THE SERVICES ARE PROVIDED TO YOU “AS IS” AND TO THE EXTENT AUTHORIZED BY LAW, ANYSPHERE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANYSPHERE ALSO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, OR ABILITY TO INTEGRATE THE SOFTWARE WITH OTHER PRODUCTS.

6. Suspension or Termination of Services

You must follow and comply with the rules of the platform, as described herein and elsewhere through the application. Failure to do so may result in a temporary or permanent ban from Anysphere. In such instances, you might lose the benefits of your membership and records created during your use of the Anysphere Services. Anysphere reserves the right to suspend or terminate any user’s access to its services in its sole and absolute discretion.

7. Revisions

Anysphere may revise these Terms from time to time as the trial use of the beta version of the Service progresses. You will be notified of all revisions to these Terms and we will require that you agree to any revisions prior to your continued use of the Services.

8. Waiver

Failure by either party to enforce any of the provisions of these Terms of Service shall not represent a waiver of such rights and shall not affect the validity of these Terms of Service nor affect that party’s rights to take subsequent action.

9. Notice

Any communication to Anysphere may be given by email to its email address hello@anysphere.co or such other email address given on the Anysphere website from time to time. An email communication will not be deemed served if the email system has generated an unsuccessful transmission or delivery report.

10. Limitation of Liability

The Services provided under this Agreement are experimental and shall not create any obligation for Anysphere to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Services either to You or to any other party.

11. Confidentiality

You agree and acknowledge that any trade secrets or business information shared to you by Anysphere ("Confidential Information") is confidential and proprietary. Confidential Information does not include information that is already known to the receiving party at the time of disclosure, or information that is independently developed and independently produced, or information that is publicly known or publicly available. You agree to protect the Confidential Information with the same degree of care and care with which you protect your own confidential information, and to prevent unauthorized access to, disclosure of, or copying or use of the Confidential Information.

12. Privacy

Anysphere’s Privacy Policy (available at anysphere.co/privacy-policy) ("Privacy Policy") applies to the Services. You acknowledge and agree that by utilizing the Services, Anysphere may receive certain information about you, including personally identifiable information, and you hereby consent to Anysphere’s collection, use and disclosure such information in accordance with the Privacy Policy.

13. Severability

If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.

14. Governing Law and Disputes

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware as if performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction. Any legal action or proceeding arising under this Agreement will be brought exclusively in the state or federal courts of Delaware.