TERMS OF USE

1. Introduction

These terms of service (the “Terms”) govern your (“user”, “you” or “your”) use of the services provided by Anodos Labs Inc. (“Anodos”), with registered address of 30 N Gould St Ste N Sheridan, WY 82801, doing business as Anodos, including https://anodos.finance (the “Website”) and any of its other platforms, Website and its subdomains, or Applications, and your Account, related Content, Products and Services, and all the features that come with it (collectively, the “Services”), and creates a binding contract between you and Anodos.

By accessing or using our Website and our Services, you agree to these Terms. If you do not agree to these Terms, please do not use our Services. You also confirm that you are at least 18 years of age or the legal age of majority in your jurisdiction and are capable of entering into a binding contract. It is your responsibility to ensure that the country from which you access our services is not a restricted country and we encourage you to seek legal advice before using our services.

2. Definitions

In these Terms:

“Account” means your blockchain account, whether or not generated through a crypto wallet.

“Application” means ANODEX, Xaman xApps, or any app appearing on https://apps.anodos.finance/ ;

“Application User” means a user that is using the Application.

“Blockchain networks” means distributed ledger protocols, such as the XRP Ledger (XRPL).

“Content” means any information, documentation, or material uploaded on the Website or Mobile Application by Anodos.

“Devices” means your desktop or mobile devices on which you use the Application;

“End User License” means license following from section 6 of these Terms regarding the end user license entered into between Anodos and ser regarding the use of the (Services of the) Application.

“Intellectual Property Rights” means copyrights, database rights, patents, registered and unregistered design rights, registered and unregistered trademarks, and all other industrial, commercial or intellectual property rights existing in any jurisdiction;

“Party” means individually Anodos or you.

“Products” means the various products Anodos offers through the Website or Mobile Application.

“Services” means the various services provided to you by Anodos through the Application and all related websites, platforms, and services. The Services include but are not limited to ANODEX and Xaman xApps provided by Anodos.

“Tokens” means the digital units existing on the Blockchain networks, such as the XRP Ledger (XRPL).

“Wallet” means non-custodial wallet.

“XRPL” means the XRP Ledger, a decentralized blockchain network that we use.

3. Information About the Application

• 3.1  Anodos' Applications are based on the Blockchain networks and their features and technologies. Therefore, before you start using the Applications, you hereby agree to be aware and acknowledge the following:
  • 3.1.1  The Blockchain networks are decentralized cryptographic ledgers, which means that no individual party can decide which transactions should succeed or fail, and no party can “roll-back” or reverse a transaction once it has been completed.
  • 3.1.2  Although Anodos runs and operates Applications, it cannot guarantee either the liveness and/or security of the Applications;
  • 3.1.3  The Application provides access to a non-custodial account and interaction with the Blockchain networks, allowing you to directly transact over the decentralized system itself. This means that Anodos is not able to act as the custodian, administrator, manager, operator or any other related applicable concept with respect to the Blockchain networks, addresses or accounts.
  • 3.1.4  In furtherance of the above, Anodos is not able to control, authorize, reject, seize and/or censor any of the funds or the accounts held and/or managed by you through the Mobile Application. In other words, Anodos is not responsible and cannot be held liable by you for any loss of funds, loss of access to your accounts, improper management of secrets or private keys, your mistakes, and/or ignorance.
  • 3.1.5  For purposes of providing further clarity, once: (a) a transaction has been signed by you or (b) access to funds and or accounts has been lost, there is no way back, transactions cannot be reversed, and funds cannot be recovered. Anodos cannot be held liable.
  • 3.1.6  The Application allows you to directly interact with the Blockchain networks, so that you can transact or trade any assets and/or tokens without participation of Anodos.
  • 3.1.7  To avoid doubt, Anodos does not provide investment, tax, or legal advice, and you are solely responsible for determining whether it is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.
  • 3.1.8  Anodos does not provide transaction- or transaction history data. This data is publicly and permanently available on the Blockchain networks.
  • 3.1.9  Anodos is currently not charging any fees for the use of the Applications. In this sense, to the extent permitted by applicable law, Anodos undertakes no obligation and accepts no liability whatsoever towards you.

4. Proprietary rights, Licence & Agreement

• 4.1  All Intellectual Property Rights with respect to the Application, Content, Products, Website, and Services made (available) by Anodos and any copyrights, trademarks, domains, logos, trade secrets, patents, descriptions, technical data, specifications, text, graphics, logos, and software and/or other documents provided to you, including but not limited to available on the Mobile Application, Products, Website, and Services, will remain the property of Anodos, protected by intellectual property laws. Unless explicitly agreed otherwise, nothing in these Terms should be construed as the transfer of any of Anodos' Intellectual Property Rights to you. You may not use, modify, reproduce, or distribute any content from Anodos without prior written consent from Anodos. Throughout our relationship with you, Anodos retains ownership and/or control, as appropriate, of the Services and all intellectual property rights therein.
• 4.2  During the Term of these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Application, Content, Website, and Services on any device that you own or control (End User License). The End User License only provides for using the Application, Content, Website, and Services as set out in these Terms.
• 4.3  The End User License will immediately terminate upon breach of your obligations under these Terms and/or the applicable Additional Terms or Third Party Terms, if any, unless such breach is curable and is actually and immediately cured by you after you become aware of the breach or Anodos provide notice of the breach to you. Upon the termination of this End User License, you will discontinue all use of the Application, Content, Website, and Services, promptly remove the software regarding the Application and Services and/or any copies thereof from your devices, and, upon request by Anodos, certify in writing to Anodos, that such removal has taken place. These remedies are cumulative and in addition to any other remedies available to Anodos. Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after the termination of the End User License Agreement and /or these Terms and/or the applicable Additional Terms shall remain in full force and effect.
• 4.4  This End User License and the access to the Application, Content, Website, and Services automatically ends in case of termination by you or by Anodos.
• 4.5  You are not allowed and shall not permit any person or entity to:
  • 4.5.1  Copy, modify, decompile, reverse engineer and/or disassemble the Application Content, Products and Services or any documentation comprised in it or provided under these Terms;
  • 4.5.2  use the Application, Content, Products and Services for the purpose of resell, lease, lend, redistribution, sublicensing and/or renting. Any attempt to do so is a violation of Anodos' rights. Any breach of these restrictions may lead to damage claims and prosecution.

5. Restricted access

Anodos observes sanction laws and regulations in the European Union, the United States of America, the United Kingdom and others, and will, therefore, currently not provide its Application, product and services to Users ordinarily resident or physically located in Cuba, Iran, Syria, North Korea, or the Donetsk, Luhansk or Crimea regions of Ukraine. Anodos determines the location of a User at its sole discretion. The sanctioned countries can change occasionally, and Anodos may then immediately implement changes, suspend services and/or terminate existing agreements without prior notification. Anodos will never be liable for costs and/or damages in such cases.

6. Your obligations & responsibilities

Your responsibilities following the characteristics of the Application

• 6.1  Due to the characteristics of the Application as set out in these Terms, you hereby agree that you are solely responsible for each of the following actions. Anodos accepts no liability, and you will not, under any circumstances, try to hold Anodos liable for any mistakes, mismanagements, negligent conduct, deliberate errors and/or the loss of funds or the loss of access to your accounts, potentially arising in connection therewith. More specifically, but not limited:
  • 6.1.1  You are solely responsible for maintaining the safety of either or all of the following: (i) your accounts; (ii) family seeds; (iii) mnemonic keys and/or numbers; (iv) secret numbers and/or private keys; and (v) any other code, secret, password, key, phrase, alphanumeric word, that is somehow associated with your accounts and the ability to manage the funds contained therein;
  • 6.1.2  You shall implement all necessary measures to keep offline backups of the abovementioned confidential information under (i) to (v) in multiple secure places. Anodos does not store such information and is not a custodian of your funds and/or accounts. Anodos is not able to recover and is not liable with regard to lost funds or accounts;
  • 6.1.3  You are responsible for verifying the reliability, trustworthiness and liquidity of the digital assets that you acquire through the Application. This responsibility includes reviewing each terms and conditions, solvency and potential risk factors, which you must factor in when considering adding trust-lines to their addresses. Note that the curated recommendation provided by Anodos do not relieve you from this responsibility.
  • 6.1.4  When you use non-English versions of the Mobile Application, you are responsible for double-checking on the correctness and/or accuracy of the relevant translations, as language technicalities may lead to irreversible mistakes (e.g. sending funds to fraudulent addresses) or unintended utilization of the Application.
• 6.2  Regardless of your responsibilities as per this Section, Anodos has made available a support section on Discord, so you can submit your questions and/or concerns regarding the Application and get assistance from Anodos, who, to the extent reasonably possible, will be committed to timely provide the requested support.

Your general responsibilities and obligations:

• 6.3  You are responsible for your usage of the Application and Services and shall comply with:
  • 6.3.1  All Anodos' instructions, including these Terms and any Additional Terms, if applicable;
  • 6.3.2  All applicable laws and regulations, specifically but not limited to the applicable laws and regulations that prevent you to harm or cause harm to Anodos, other parties legitimately operating on the Blockchain networks and legitimately licensed users. In addition, you shall not use the Application, Products and Services in a manner that could cause damage to Anodos or third parties.
  • 6.3.3  You are responsible for any tax obligations arising from your transactions through our apps and services, including reporting and paying taxes as required by your jurisdiction.
• 6.4  You guarantee that all information provided to Anodos is correct, complete, accurate and up-to-date at all times.
• 6.5  You acknowledge that Products and Services offered to you through the Application are only offered to you for individual use. You can't and won't use these Products and Services on behalf of a business, a legal entity or a vehicle.

7. Usage, maintenance & support

• 7.1  Taking into account that Anodos cannot guarantee either the liveness and/or security of the Blockchain networks, Anodos will, in the best interest of the Applications, undertake all reasonable efforts to maintain the availability and quality of its Applications.
• 7.2  Anodos may temporarily put the whole or a part of the Applications, Products and Services out of operation for preventive, corrective or adaptive maintenance or other service reasons.
• 7.3  Anodos reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application, Products and Services (or any part thereof) without notice.
• 7.4  Anodos may, at its discretion, change the Content or scope of the Application and Services, including, but not limited to, changing, limiting the usage of, charging for continued usage of (requiring you to opt in before recurring any charges) and/or discontinue any Products, Service or part thereof at any point in time at any location.
• 7.5  Anodos may continue to provide the Application, Products and Services using a new or modified version. If and when new versions become available, Anodos will inform you.
• 7.6  Anodos is not obliged to:
  • 7.6.1  Maintain, modify or add certain features or functionalities of the Products and Services or software specifically for you, or;
  • 7.6.2  Ensure that Services continue to work in a new or modified version of the Application.
• 7.7  You agree that Anodos shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Application, Products, Website, and Services.
• 7.8  Except if explicitly agreed otherwise, the Application, the Products and the Services are provided as-is, and Anodos does not provide any warranties in respect of the Application, the Products and the Services. In particular, Anodos do not guarantee that the Application, Products and Services:
  • 7.8.1  Are free of malfunctions, defects, bugs and other errors, Trojan Horses, malware, and other incidents, including any incidents that lead to corruption or loss of other data;
  • 7.8.2  Function without interruption;
  • 7.8.3  Are suitable for your intended usage or any other particular purpose;
  • 7.8.4  Do not infringe upon any third party rights, and;
  • 7.8.5  Shall be adapted to changes in applicable legislation and regulations in time.
• 7.9  You shall take appropriate measures based on the information provided by Anodos concerning measures to prevent and limit the effects of malfunctions, defects in the Mobile Application, corruption or loss of data, or other incidents.

8. Third-Party Content

Anodos may place third-party content within the Application, Products, Website, and Services. You agree that this content is not rendered or owned by Anodos and your use of websites and services mentioned in this content is subject to separate terms and conditions between you and the relevant service provider. Anodos is not responsible for third-party websites or services, including, but not limited to their accuracy, security, availability, or performance. You acknowledge that in any case, you will hold Anodos harmless against any claim, arising out of any damages or losses incurred by or in connection with the utilization of websites and services accessible through the third-party content available within the Application, Products, Website, and Services.

9. Disclaimer

• 9.1  You expressly acknowledge and agree that we are not your broker, underwriter advisor, intermediary or agent, and have no fiduciary relationship or obligation to you regarding any decisions, actions or activities that you effect, make or undertake when using our services. Anodos does not provide financial, tax, or legal advice, and nothing in our Services should be interpreted as such. Neither our communications, nor any information or content that we provide or make available to you, is intended as, or shall be considered or construed as financial, legal or any other advice. You should not take, or refrain from taking, any action based on any information contained within the Services or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord content, news feeds, tutorials, tweets, and videos.
• 9.2  The pricing information and other data provided within the Services do not represent (i) an offer, a solicitation of an offer, or a recommendation to enter into, a transaction with us or (ii) any advice regarding a transaction entered into using the Services.
• 9.3  We have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of the blockchain networks or any digital assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so, and if you experience a problem with any transactions in digital assets using the Applications, then you bear the entire risk.
• 9.4  We are the operator of the Applications. We do not operate or control the Blockchain networks or protocols. We do not operate digital asset or derivatives exchange platforms or offer trade execution or clearing services, and have no oversight, involvement, or control concerning your transactions using the Applications. All transactions between users of the Applications are executed peer-to-peer directly between the users' addresses through the Blockchain networks.

10. RISKS

• 10.1  By accessing or using the Applications, you understand and agree to the inherent risks associated with cryptographic systems and blockchain-based networks; digital assets, including the usage and intricacies of native digital assets; smart contract-based tokens, including fungible tokens and NFTs; and systems that interact with blockchain networks. We do not own or control any of the underlying software through which blockchain networks are formed. In general, the software underlying blockchain networks is open source, such that anyone can use, copy, modify, and distribute it.
• 10.2  By using the Applications, you acknowledge and agree (a) that we are not responsible for the operation of the blockchain software, protocols, and networks underlying the Applications, (b) that there exists no guarantee of the functionality, security, or availability of that software, protocols and networks, and (c) that the underlying blockchain networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks,” which may materially affect the protocols and networks. Blockchain networks use public and private key cryptography. You alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to digital assets on the blockchain networks. Neither we nor any other person or entity can retrieve or protect your digital assets. If your private key(s) are lost, then you will not be able to transfer your digital assets to any other blockchain address or wallet. If this occurs, then you will not be able to realize any value or utility from the digital assets that you may hold.
• 10.3  You acknowledge and understand that cryptography is a progressing field with advances in code cracking or other technical advancements, such as the development of quantum computers, which may present risks to digital assets and blockchain networks, and could result in the theft or loss of your digital assets.
• 10.4  You understand that the Blockchain networks remain under development, which creates technological and security risks when using the Applications in addition to uncertainty relating to digital assets and transactions therein. You acknowledge that the cost of transacting on the blockchain networks is variable and may increase at any time causing impact to any activities taking place on the blockchain networks, which may result in price fluctuations or increased costs.
• 10.5  Although we intend to provide accurate and timely information and data on the Applications, it may not always be entirely accurate, complete, or current, and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including information regarding our policies. Accordingly, you acknowledge and understand that you should verify all information before relying on it, and all decisions based on information contained on the Applications are your sole responsibility. No representation is made as to the accuracy, completeness, or appropriateness for any particular purpose of any pricing information distributed via the Applications.
• 10.6  Any use or interaction with blockchain networks requires a comprehensive understanding of applied cryptography and computer science to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of digital asset on the Applications does not indicate our approval or disapproval of the technology on which the digital asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of digital asset.
• 10.7  You hereby irrevocably waive, release, and discharge all claims, whether known or unknown to you, against us related to any of the risks set forth in this section.

11. Liability

• 11.1  Anodos shall not be liable for any damages, losses or costs caused by it, its employees and/or third parties that it engages in connection with the Application, Content, Products and Services or arising out of your access or use or inability to access or use the Application and Services and any Third Party Services.
• 11.2  You shall use the Application and Services as provided by Anodos for their intended use only as set out in these Terms and relevant instructions, including support instructions. Anodos is not liable for any damages if you use the Application, Products and Services for a different purpose than the intended use stated in the instructions.
• 11.3  Anodos is not liable for any damages that result from:
  • 11.3.1  any use by you of the Application, Content and Services that is not in accordance with these Terms, the Additional Terms, if any, and the relevant instructions of Anodos;
  • 11.3.2  incorrect, incomplete or unreliable information provided by or on behalf of you, or
  • 11.3.3  any acts or omissions of, or on behalf of, you.
• 11.4  Without prejudice to the foregoing provisions, Anodos shall only be liable for direct damages and costs sustained, which shall in no event exceed the amount of €100 in total.
• 11.5  Unless explicitly agreed otherwise, or except where these Terms provide otherwise, any claim against Anodos will, in any event, lapse after one (1) year from the moment you were or should have been, aware of the claim.
• 11.6  Nothing in these Terms intends to limit or exclude liability that cannot be limited or excluded by law.

12. Indemnification

You will defend, indemnify, and hold harmless Anodos, its affiliates, members, managers, employees, partners, attorneys, representatives, suppliers, and contractors from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out of or relating to (a) your use of the Application, Products, Website, and Services; (b) your violation of these Terms; or (c) your misuse of the Application, Products, Website, and Services, or any smart contract and/or script related thereto; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (e) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; (f) your use of a third-party product, service, and/or website; or (g) any misrepresentation made by you.

13. Force Majeure

Anodos will have no responsibility or liability for any failure or delay in the performance of the Application, Products, Website, and Services, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

14. Miscellaneous

• 14.1  If Anodos does not invoke the Terms towards you, this does not entail a waiver of any right Anodos may have.
• 14.2  The invalidity, nullification or unenforceability of one or more of the provisions of the Terms and any additional Terms, if applicable, does not affect the validity of the other provisions. Anodos and you will, in the spirit of these Terms, and good faith consultation, replace the invalid or non-binding provision with another provision that is valid and binding and whose legal consequences approach as closely as possible those of the invalid or non-binding provision.
• 14.3  These Terms any additional Terms, if applicable, and your respective rights and obligations hereunder may not be assigned, pledged, transferred or sold by you without the prior written approval of Anodos. Anodos may assign, pledge, transfer or sell its rights and obligations under these Terms, and any Additional Terms without your prior written approval.
• 14.4  Anodos reserves the right to change, modify, or revise these Terms at any time. Such changes will become effective upon posting on our website. Your continued use of our services following the posting of changes constitutes your acceptance of those changes.
• 14.5  Please see our Privacy Notice for information on how we process your personal data.
• 14.6  The headings of these Terms are for convenience only and shall not affect the interpretation of any provision of the Terms.
• 14.7  The singular includes the plural and vice versa, a gender includes all other genders.

15. Governing Law, Jurisdiction, Class Action Waiver

• 15.1  These Terms are governed by and construed in accordance with the laws of Wyoming, United States of America, with the exclusion of its conflicts of law rules. Applicability of the United Nations Convention on the International Sale of Goods (CISG, 1980) is explicitly excluded.
• 15.2  The competent courts of Wyoming shall have jurisdiction to the exclusion of any other court for all disputes and disagreements arising out or in connection with any of these Terms, including disputes regarding the existence and validity thereof. You shall have one month to object and choose to have the dispute and/or disagreement decided by the competent court according to the law.
• 15.3  To the fullest extent permitted by applicable law, you agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted only in the respective party's individual capacity and not as part of any class or purported class, consolidated, multiple-plaintiff, or representative action or proceeding (the “Class action”). You agree to waive the right to participate as a plaintiff or class member in any class action. You expressly waive any ability to maintain a class action in any forum. If the dispute is subject to arbitration, the arbitrator will not have the authority to combine or aggregate claims, conduct the Class action, or make an award to any person or entity not a party to the arbitration.

Contact Information

If you have any questions or concerns about these Terms or Anodos, you may contact us at contact@anodos.finance.