01-10-2024
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH IN THE DISPUTE RESOLUTION SECTION BELOW CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH ANTRUWA ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
This Terms of Service Agreement ('Agreement' or 'Terms') is a legal agreement between you and antruwa.com ('Antruwa,' 'we,' or 'us'). By accessing or using the Antruwa website or any other Antruwa services (collectively, the 'Services'), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
Age Requirement
The Services are strictly limited to users who are 18 years of age or older. By accessing or using the Services, you affirm and warrant that you are at least 18 years old. If you are under 18, you are prohibited from accessing or using the Services. We reserve the right to take steps to verify the age of users at any time and to refuse access to or terminate users who do not comply with this age restriction.
User Representations
By using the Services, you represent and warrant that (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you have the legal capacity and you agree to comply with these Terms; and (iv) your use of the Services does not violate any applicable law or regulation.
Account Responsibilities
Users are solely responsible for all activities conducted under their account. You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to comply with this responsibility.
Banned Users
The Services are not available to users who have been previously banned or blocked from accessing the Services. If you have been banned or blocked from the Services for any reason, you are not permitted to access or use the Services, and any attempt to bypass such a restriction will constitute a breach of these Terms.
Location Restrictions
Certain features of the Services may not be available in some locations due to local laws, regulations, or restrictions. By using the Services, you represent that your use complies with all applicable laws in your location. You may not access or use the Services in any jurisdiction where the Services are prohibited by local law.
Non-Transferable Access
Access to the Services is personal to you and non-transferable. You may not share, transfer, or assign your rights or obligations under these Terms to any other person or entity. Unauthorized access, distribution, or sharing of your account or access rights may result in termination of your account.
Prohibited Uses
Users are prohibited from using the Services for any purpose that is illegal or otherwise violates applicable laws. Additionally, you may not use the Services for any purpose that is harmful, disruptive, or interferes with the normal operation of the Services. Any unauthorized access or use of the Services will result in immediate termination of access and may involve legal action.
Termination Rights
Antruwa reserves the right to refuse access to or terminate any user’s access to the Services at its sole discretion and without notice if it believes that the user is violating these Terms, providing false information, or engaging in harmful or illegal activity. See also 'Term and Termination' for further details.
Grant of License
Subject to your compliance with these Terms, Antruwa grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use only. You may not sublicense, lease, sell, or otherwise transfer this license to any other party.
Restrictions on Use
This license does not grant you any rights to modify, reproduce, distribute, create derivative works from, publicly display, or commercially exploit the Services or any of its content. You agree not to reverse-engineer, decompile, or otherwise attempt to extract the source code of the Services or any part thereof.
Personal, Non-Commercial Use
The Services are provided for your personal and non-commercial use only. You may not use the Services or any of their content for commercial purposes, including but not limited to advertising, sponsorships, or any form of paid promotion.
Revocation of License
Antruwa reserves the right to revoke or terminate your license to access and use the Services at any time and without prior notice if you breach these Terms or if we determine that your use of the Services is harmful to others, unlawful, or otherwise inappropriate. For additional details, refer to 'Term and Termination.'
Intellectual Property
All rights, title, and interest in and to the Services, including but not limited to all content, features, and software, are and shall remain the exclusive property of Antruwa or its licensors. This license does not transfer any ownership rights to you. See also 'Intellectual Property Rights' for more information.
Limitations on Access
Antruwa may impose limitations on the Services, such as restricting the number of devices you may use to access the Services or setting a cap on data usage. You agree to comply with any such limitations and understand that these may be subject to change without prior notice.
Compliance with Laws
You agree to use the Services in compliance with all applicable laws, regulations, and legal guidelines. Unauthorized use of the Services, including any violation of intellectual property or privacy rights, will result in immediate revocation of your license and may lead to legal action.
No Ownership Transfer
Your access to the Services under this license does not convey any ownership rights in the Services or its content. All intellectual property rights remain solely with Antruwa and its licensors.
Share Inappropriate Content
Users are prohibited from sharing or transmitting any content that is obscene, sexually explicit, or otherwise inappropriate. This includes nudity, pornography, violence, hate speech, threats, bullying, or any form of harassment or abusive language directed at other users or individuals.
Engage in Illegal Activities
Any use of the Services to engage in or promote illegal activities is strictly prohibited. This includes, but is not limited to, the unauthorized sharing of personal data, engaging in fraudulent activities, drug-related content, promoting violence, or engaging in behavior that threatens the safety or well-being of others.
Respect Privacy
You must respect the privacy of other users at all times. Antruwa is an anonymous platform, and you agree not to disclose personal information about yourself or others, such as real names, addresses, phone numbers, or other identifiable information. Violating another user’s privacy may result in immediate termination of your access to the Services.
Prohibited Content Types
You may not share content that involves illegal substances, weapons, violence, or any other content that Antruwa deems harmful, offensive, or inappropriate. The sharing of content that violates copyright, trademark, or any other intellectual property rights is also strictly prohibited.
Non-Commercial Use
The Services are intended solely for personal, non-commercial use. You may not use the Services to advertise, promote, or sell any products, services, or commercial ventures. Any attempt to conduct business through the platform will result in a ban and potential legal action.
No Impersonation or Deception
Users are prohibited from impersonating others or providing false information about themselves. You must not misrepresent your identity, affiliations, or intentions while using the Services. Engaging in deceptive behavior may lead to immediate suspension or termination of your access.
Responsibility for User Content
You are solely responsible for the content you share or transmit through the Services. Antruwa does not endorse or verify user content, and you agree that you will not hold Antruwa liable for any consequences arising from content shared by you or other users. Refer to 'Limitation of Liability' for more information on Antruwa's liability limitations.
Reporting and Enforcement
If you encounter content or behavior that violates these Terms, you are encouraged to report it to Antruwa using the reporting tools provided. Antruwa reserves the right to investigate, remove content, and take appropriate action against users who violate these Terms, including suspending or terminating access. For additional details, refer to 'Content Moderation and Removal' and 'Indemnification.'
Content Moderation and Removal
Antruwa reserves the right, but is not obligated, to monitor, review, and remove any content that violates these Terms or is otherwise objectionable. We may remove content without notice and at our sole discretion.
No Warranty of User Content
Antruwa does not warrant the accuracy, reliability, or quality of any content posted by users. You acknowledge that you may encounter content that you find offensive or objectionable, and you agree to use the Services at your own risk.
Data Types Collected
In order to maintain the security and functionality of the Services, we may collect certain information including, but not limited to, IP addresses, device information, browser type, and usage data. This information is gathered automatically when you use the Services and is used to monitor, analyze, and improve the platform.
Purpose of Data Collection
The data we collect is used to enhance the security, integrity, and functionality of the Services. This includes identifying and preventing fraudulent activities, monitoring for unauthorized access, improving user experience, and addressing technical issues. We do not sell or share this data with third parties for advertising purposes.
Use of IP Address
Your IP address is collected to help us identify and prevent abuse of the Services, monitor usage patterns, and diagnose server issues. IP addresses are logged in accordance with our security protocols and are retained for as long as necessary to fulfill the purposes outlined in this section.
Data Storage and Retention
We retain collected data only for as long as it is necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. When data is no longer needed, it is securely deleted or anonymized to ensure user privacy.
Data Protection Measures
We implement industry-standard security measures to protect the data we collect. This includes encryption, access control, and regular security audits. While we strive to protect your data, please be aware that no security system is completely infallible, and we cannot guarantee the absolute security of your information.
User Rights and Data Access
You may have rights regarding the data we collect, including the right to request access to, correct, or delete personal information we hold about you. Requests can be made in accordance with our Privacy Policy, which outlines the process for exercising these rights. See 'Privacy Policy' under 'General Provisions' for additional information.
Third-Party Access
We do not share your data with third parties for advertising or marketing purposes. However, we may share information with service providers who assist us with data processing, security, and other operational needs. These third parties are contractually bound to safeguard your data and to use it solely for the purposes specified by us.
Compliance with Laws
We may disclose data collected through the Services if required to do so by law or in response to a valid request from law enforcement or other government authorities. We will take reasonable steps to notify you of any such disclosures, to the extent permitted by law.
Changes to Data Collection Practices
We may update our data collection and security practices from time to time. Any significant changes will be reflected in this section, and you will be notified in accordance with our Privacy Policy. Continued use of the Services after such updates indicates acceptance of the revised practices.
Ownership of Content
All content available on the Services, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Antruwa or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws. Unauthorized use of this content is strictly prohibited.
Trademarks and Service Marks
The trademarks, service marks, logos, trade names, and trade dress (collectively, 'Marks') displayed on the Services are registered and unregistered Marks of Antruwa and its licensors. You may not use any Marks without prior written permission from Antruwa or the respective trademark owner.
Limited License to Access Content
Antruwa grants you a limited, non-exclusive, non-transferable, revocable license to access and view the content on the Services for your personal, non-commercial use. This license does not grant you any ownership or intellectual property rights in the content. See 'Limited License' for further license details.
Restrictions on Use of Content
You agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any content from the Services without express written permission from Antruwa. Unauthorized use of any content may infringe on copyrights, trademarks, and other proprietary rights and could result in civil or criminal penalties.
User Submissions and Feedback
By submitting any ideas, suggestions, or other feedback to Antruwa, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such submissions worldwide in any media. You agree that Antruwa may use any ideas, suggestions, or feedback you submit for any purpose without compensation to you.
Third-Party Content and Links
The Services may include content provided by third parties or links to third-party websites. Antruwa does not control, endorse, or assume responsibility for any third-party content or websites. Access to any third-party content is at your own risk, and you agree that Antruwa will have no liability arising from your access to or use of any third-party content or websites.
Reporting Infringements
If you believe that any content on the Services infringes your intellectual property rights, please contact us at [Contact Email] with details of the alleged infringement. Antruwa will review and respond to all such notices in accordance with applicable laws.
Reservation of Rights
All rights not expressly granted to you in these Terms are reserved by Antruwa and its licensors. No aspect of the Services or its content may be construed as granting, by implication or otherwise, any license or right to use any content or intellectual property without express permission from Antruwa or the applicable rights holder.
Assumption of Risk
You acknowledge and agree that your use of the Services and your interactions with other users carry inherent risks. These risks may include exposure to inappropriate content, interactions with individuals who may misrepresent their identity or intentions, and other unforeseen dangers associated with online interactions. By choosing to use the Services, you voluntarily assume all associated risks, and Antruwa disclaims all liability arising from such risks.
No Warranties
The Services are provided on an 'as is' and 'as available' basis. Antruwa makes no representations or warranties of any kind, express or implied, regarding the Services, including but not limited to the accuracy, reliability, completeness, or timeliness of the Services. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
No Guarantee of Availability
Antruwa does not guarantee that the Services will be available at all times or that access will be uninterrupted, error-free, or secure. Temporary interruptions may occur due to maintenance, updates, or unforeseen technical issues. We do not warrant that any defects or errors will be corrected or that the Services will be free from viruses or other harmful components.
No Warranty on User Content
Antruwa does not control, endorse, or make any representations or warranties regarding the accuracy or quality of content shared by users. User-generated content is solely the responsibility of the user who provides it. You understand that you may encounter content that you find offensive, objectionable, or otherwise inappropriate, and you agree that Antruwa shall not be liable for any damages arising from such content. Refer also to 'Limitation of Liability' for further information.
No Warranty on Third-Party Content
The Services may include links or access to third-party content, websites, or services. Antruwa makes no warranties or representations regarding, and disclaims all liability for, any third-party content, products, or services. Your interactions with third-party websites or content are solely at your own risk, and any terms, conditions, warranties, or representations associated with third-party content are solely between you and the third party.
Limitation of Liability
To the maximum extent permitted by law, Antruwa shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising from or related to your access to or use of the Services, even if Antruwa has been advised of the possibility of such damages. See 'Limitation of Liability' for additional terms and conditions regarding liability limitations.
Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above disclaimers and limitations may not apply to you. In such cases, the liability of Antruwa shall be limited to the fullest extent permitted by applicable law.
General Limitation
To the fullest extent permitted by law, Antruwa shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or related to your access to or use of, or inability to access or use, the Services.
No Liability for User Content
Antruwa is not responsible for the content generated by users, nor does it endorse or assume any liability for user-generated content. You acknowledge that by using the Services, you may be exposed to content that you find offensive, inaccurate, or otherwise objectionable, and agree that Antruwa will not be liable for any damages arising from such content.
No Liability for Third-Party Actions
Antruwa shall not be liable for any damages resulting from actions, omissions, or content provided by third parties, including but not limited to third-party links, advertisements, or any other interactions you may have with third-party content through the Services. Any dealings you have with third parties are solely between you and the third party, and Antruwa assumes no responsibility for such interactions.
No Liability for Service Interruptions
Antruwa does not guarantee that the Services will always be available, uninterrupted, or error-free. Temporary interruptions or downtimes may occur due to maintenance, updates, or unforeseen technical issues. Antruwa shall not be liable for any damages arising from any such interruptions or your inability to access the Services at any given time.
User Responsibility
You assume full responsibility for your use of the Services. Antruwa disclaims any liability for any damage to your computer system, loss of data, or other harm that may result from your access to or use of the Services. Your use of the Services is at your own risk, and you are solely responsible for any damages that result from your interactions on the platform.
Maximum Liability
If, notwithstanding the other provisions of these Terms, Antruwa is found to be liable to you for any damages or losses arising out of or in connection with your use of the Services, Antruwa’s total cumulative liability shall not exceed the amount of fifty U.S. dollars ($50.00) or the amount you paid to Antruwa, whichever is greater.
Jurisdictional Exceptions
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, the liability of Antruwa shall be limited to the fullest extent permitted by applicable law in the respective jurisdiction, and the limitations outlined in this section may not apply to you.
Sole Remedy
Your sole and exclusive remedy for dissatisfaction with the Services, or any dispute with Antruwa arising from or related to the use of the Services, is to discontinue your use of the Services. By using the Services, you acknowledge and agree that this limitation of remedies is a fair allocation of risk. Refer to 'Term and Termination' for the process of discontinuing use.
General Indemnity
You agree to indemnify, defend, and hold harmless Antruwa, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) that arise from or relate to your use or misuse of the Services, your violation of these Terms, or your violation of any rights of a third party.
Indemnity for User Content
You agree to indemnify Antruwa against any claims, damages, losses, or liabilities arising out of or in connection with any content you post, transmit, or otherwise make available through the Services, including any claims of infringement, misappropriation, or violation of intellectual property rights, privacy rights, or other proprietary rights.
Third-Party Claims
If any third party makes a claim against Antruwa related to your conduct or interactions on the Services, or your violation of any law, rule, or regulation, you agree to indemnify Antruwa and hold it harmless from any damages, liabilities, and costs associated with such claims, including attorneys' fees and legal expenses.
Cooperation in Defense
You agree to cooperate fully with Antruwa in the defense of any claim for which you are required to indemnify Antruwa. Antruwa reserves the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you, and you agree not to settle any claim without Antruwa’s prior written consent. See also 'Dispute Resolution' for details on resolving claims and disputes.
Limitation on Indemnity Obligations
Your obligation to indemnify Antruwa shall be limited to the extent that the claim arises from Antruwa’s own negligence, intentional misconduct, or breach of these Terms. In all other cases, you remain fully responsible for the indemnity obligations outlined in this section.
Notification of Claims
You agree to promptly notify Antruwa of any claim, lawsuit, or legal proceeding related to your use of the Services or arising out of your violation of these Terms. Failure to promptly notify Antruwa of such claims may limit your indemnity obligations to the extent that such delay prejudices Antruwa’s ability to defend itself.
Jurisdictional Considerations
The indemnification provisions herein are intended to comply with applicable law. If any jurisdiction restricts your ability to indemnify Antruwa, then your indemnity obligations will be limited to the maximum extent permitted by law in that jurisdiction.
Agreement to Arbitrate
You agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or your relationship with Antruwa shall be resolved through binding arbitration, rather than in court, except as otherwise provided in these Terms. This agreement to arbitrate is intended to be broadly interpreted and includes all disputes, claims, and controversies, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.
Arbitration Procedure
The arbitration will be conducted by a neutral arbitrator in accordance with the rules of a recognized arbitration provider, such as the Netherlands Arbitration Institute (NAI), or another similar arbitration provider as mutually agreed upon by the parties. The arbitration shall take place in the Netherlands, and the language of arbitration shall be English.
Individual Arbitration Only
You agree that any arbitration under these Terms will take place on an individual basis. Class arbitrations and class actions are not permitted, and you expressly waive your right to file or participate in a class action, collective action, private attorney general action, or any other representative proceeding.
Exceptions to Arbitration
Both you and Antruwa retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights. See 'Intellectual Property Rights' for more on IP protections.
Arbitrator Authority
The arbitrator shall have the authority to grant any remedy that would be available in court under law or in equity, but only to the extent necessary to resolve your individual claim. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Waiver of Jury Trial
You acknowledge and agree that by entering into this arbitration agreement, both parties waive the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or any other representative proceeding.
Costs of Arbitration
Each party shall be responsible for its own costs and expenses, including attorneys' fees, associated with arbitration. However, if the arbitration provider requires the payment of any filing or other administrative fees, and you are financially unable to pay them, Antruwa will cover these costs to the extent required to proceed with arbitration.
Governing Law
This arbitration agreement is governed by the laws of the Netherlands. Any dispute as to the applicability of Dutch arbitration laws to this agreement shall be resolved by the arbitrator in accordance with Dutch law.
Severability
If any portion of this arbitration agreement is found to be invalid or unenforceable, the remaining portions shall continue to be valid and enforceable. If a court finds that any provision of this arbitration agreement is invalid or unenforceable, but that limiting such provision would render it valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Term of Agreement
These Terms will remain in full force and effect while you access or use the Services. Your use of the Services constitutes your acceptance of these Terms and any modifications thereto. You may discontinue your use of the Services at any time.
Termination by Antruwa
Antruwa reserves the right to suspend, restrict, or terminate your access to all or any part of the Services at any time, for any reason, and without prior notice, including but not limited to any violation of these Terms, engagement in harmful conduct, or if Antruwa believes that your actions may harm or disrupt the integrity or operation of the Services or other users. See 'Limited License' for conditions related to license revocation.
Termination by User
You may terminate your use of the Services at any time by ceasing all access and use. Termination of your access to the Services will not release you from any obligations or liabilities that you have incurred under these Terms.
Effect of Termination
Upon termination of your access to the Services, your right to use the Services will immediately cease. Antruwa shall have no obligation to maintain or provide any of your data and may delete your account and data at its discretion, except where retention is required by applicable law.
Survival of Provisions
The following provisions shall survive the termination or expiration of these Terms: Intellectual Property Rights, Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and any other provisions which by their nature are intended to survive termination.
No Refunds
Termination of your access to the Services, whether by you or by Antruwa, does not entitle you to any refund of fees, if applicable, and you will remain liable for any outstanding amounts owed.
Reinstatement
If your access to the Services has been terminated, whether voluntarily or by Antruwa, you may not attempt to access the Services again without Antruwa’s express written permission. Any such attempts will be considered a violation of these Terms and may lead to further legal action.
Modification or Discontinuation
Antruwa reserves the right to modify, suspend, or discontinue the Services, in whole or in part, at any time with or without notice. Antruwa shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
User Obligations upon Termination
Upon termination, you agree to immediately cease all use of the Services. You shall remain responsible for any obligations, such as indemnification, that have accrued prior to termination.
Privacy Policy
Antruwa’s Privacy Policy, incorporated herein by reference, governs the collection, use, and protection of your personal information. By using the Services, you consent to the data practices described in our Privacy Policy, which is available on our website. For details on data collection, see 'Data Collection and Security.'
Governing Law
These Terms, and any disputes arising out of or relating to them, shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. You agree that any legal actions or proceedings related to these Terms or the Services will be brought exclusively in the courts located in the Netherlands. See 'Dispute Resolution' for arbitration agreement details.
Changes to Terms
Antruwa reserves the right to modify, amend, or update these Terms at any time and at its sole discretion. If we make material changes, we will provide notice to you by posting the revised Terms on the Services. By continuing to use the Services after such changes become effective, you agree to be bound by the updated Terms.
Entire Agreement
These Terms, along with the Privacy Policy and any other policies or agreements incorporated by reference, constitute the entire agreement between you and Antruwa regarding your use of the Services. Any previous agreements, representations, or understandings between the parties are superseded and have no force or effect.
Waiver and Severability
The failure of Antruwa to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
Assignment
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Antruwa. Antruwa may assign or transfer its rights and obligations under these Terms without restriction, and these Terms shall inure to the benefit of Antruwa's successors and assigns.
Force Majeure
Antruwa shall not be liable for any failure to perform its obligations under these Terms where such failure results from circumstances beyond Antruwa's reasonable control, including but not limited to acts of God, natural disasters, strikes, wars, riots, pandemics, power outages, or governmental action.
Notices
Any notices or other communications required or permitted under these Terms will be in writing and delivered by email, posted on the Services, or sent by certified mail. Notices will be deemed given when sent or posted, as applicable. If you need to contact Antruwa, please use the contact information provided on the Services.
No Third-Party Beneficiaries
These Terms are intended solely for the benefit of you and Antruwa. Nothing in these Terms shall be construed to confer any rights, remedies, or benefits upon any third party, whether as a third-party beneficiary or otherwise.
Language
These Terms and any related documents are written in English. If these Terms are translated into another language, the English version shall prevail in the event of any conflict between translations.
support@antruwa.com