1. Introduction

Anodos LLC is a Wyoming-based limited liability company ("Anodos") whose efforts are aimed at building software, and user interfaces of decentralized protocols and open source software, including but not limited to AnodoSwap ("Application"), and website https://swap.anodos.finance/ , related products and services (Products and Services) and Operating Network Infrastructure (the "Solutions") to provide the users of the Solutions ("Users") with direct and disintermediated access to the XRP Ledger Protocol chains ("XRPLP"), and all the features that come with it. Currently, the Application supports the XRP Ledger.

These terms of service (the "Terms") govern your ("you" or "your") use of the services provided by Anodos LLC ("Anodos"), doing business as Anodos, including https://anodos.finance (the “Website”) and any of its other platforms, websites or apps, and your account (collectively, the "services”), and creates a binding contract between you and Anodos LLC with registered address of 30 N Gould St Ste N Sheridan, WY 82801.

2. Definitions

In these general terms and conditions:

1. Account means your blockchain account, whether or not generated through a crypto wallet.
2. Terms means these general terms and conditions;
3. Content means any information, documentation or material uploaded on the Mobile Application by Anodos.
4. Devices means your desktop or mobile devices on which you use the Application;
5. DEX means the decentralized exchange that lets anyone buy or sell any asset that exists on the XRP Ledger Protocol chains. The DEX is natively present on the XRPLP and interaction with the DEX is possible through the Application.
6. Digital Currencies means encrypted or digital tokens or cryptocurrencies with a certain value.
7. dUNL means distributed Unique Node List: the (majority) accepted list of nodes on the XRPLP voting on transactions to be included in closing ledgers, and so: the nodes deciding on what the state (contents) of the XRPLP will be.
8. (dUNL) Validator means an individual node voting on forward progress on the XRPLP
9. 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.
10. FI means Financial Institution, a regulated company that is prudentially supervised
11. Gateway means provider issuing IOUs on the XRPLP, allowing users to deposit assets to their custodial services, then to issue the equivalent on the XRPLP and vice versa.
12. 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;
13. IOU means any or all tokens in the XRPL.
14. KYC means to ‘know your customer’ which is an effective way for an institution to confirm and thereby verify the authenticity of a customer.
15. Party means individually Anodos or you.
16. Products means the various products Anodos offer through the Mobile Application.
17. Application means Anodos’ AnodoSwap application;
18. Application User means a user that is using the Application.
19. Operating Network Infrastructure means the nodes & infrastructure used to sustain the XRPLP & for the Application to connect to and to interact with the XRPLP.
20. 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 AnodoSwap provided by Anodos.
21. Tokens means the combined XRP and IOUs that are managed on the XRP Ledger. It is the general term for values and registrations on the XRP Ledger Protocol chains.
22. Solutions means the open-source software built by Anodos, including but not limited to the Application and Operating Network Infrastructure.
23. Wallet: non-custodial wallet on the XRPLP

3. Information About the application & the service

1. Anodos’ Solutions and the Application are completely based on the XRPLP and its features. Therefore, before you start using the Application, you hereby agree to be aware of the following key characteristics of the XRPLP:
   1. The XRP Ledger Protocol chains are decentralized cryptographic ledgers powered by a network of independent peer-to-peer servers. The XRPLP hosts the digital asset such as XRP, and, among other features, it offers censorship-resistant transaction processing, which means that:
      1. No individual party can decide which XRPLP transactions should succeed or fail, and
      2. No party can “roll-back” or reverse a transaction once it has been completed.
   2. The XRPLP allows for the issuance of non-XRP tokens that typically represent liabilities or payment obligations (“IOUs”) owed by the issuer itself (“Gateway”) to the IOU holders. Importantly, these IOUs (unlike XRP) have a counterparty – the Gateway –, which means that IOUs require their holders to trust that Gateways will honor its obligations (i.e. guarantee the redemption of the value represented by a given IOU).
   3. Note that the XRPLP allows Gateways to freeze their non-XRP IOUs to meet regulatory requirements or investigate unusual activities.
   4. The XRPLP has a built-in full-currency decentralized exchange (“DEX”). The DEX allows Gateways to freely issue IOUs to their customers, and those customers are allowed to freely trade IOUs on the XRPLP.
   5. The Ripple source code (the code behind the XRPLP) is an open-source project and is available under the ISC open-source license, meaning that anyone can contribute software and propose modifications, additions or changes to the XRPLP code base. Such proposals must follow a strict governance procedure (amendments) to be adopted only after gaining widespread acceptance among the dUNL community. As a result, Anodos cannot solely decide and/or control any modifications either proposed or merged into the XRPLP code base, which may or may not indirectly force Anodos to modify the Application.
2. In virtue of the foregoing, you hereby represent that you have been made duly aware of the abovementioned key characteristics of the XRPLP and, therefore, acknowledge the following:
   1. Although Anodos runs and operates XRPLP infrastructure, it cannot guarantee either the liveness and/or security of the XRPLP infrastructure;
   2. The Application provides an interface to a non-custodial account and interaction with i.a., the XRPLP, 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 XRPLP addresses or accounts.
   3. In furtherance of the above, Anodos is not able to control, authorize, reject, seize and/or censor any of the funds or the XRPLP 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 XRPLP accounts, improper management of secrets or private keys, your mistakes and/or ignorance.
   4. For purposes of providing further clarity, once: (a) a transaction has been signed by you or (b) access to funds and or XRPLP accounts has been lost;
   5. there is no way back, transactions cannot be reversed, and funds cannot be recovered. Anodos cannot be held liable.
   6. The Application allows you to directly interact with the XRPLP’s DEX, so that you can transact or trade any assets and/or tokens. You herewith represent to be aware that Gateways are statistically prone to issue IOUs that: (a) represent no value, (b) have no liquidity or (c) cannot be redeemed. Anodos explicitly cannot and will not guarantee the reliability, trustworthiness or liquidity of the IOUs issued by any third-party Gateways. Moreover, Anodos cannot, at any moment, guarantee that the Gateways will either honor its obligations or even redeem (entirely or partially) the value represented by their IOUs.
   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.
   8. Anodos do not provide transaction- or transaction history data. This data is publicly and permanently available on the blockchain.
   9. Gateways have the right to freeze their IOUs at their sole discretion, which means that you might experience IOU freezing without such circumstance being attributable to Anodos, but to the relevant Gateways. Anodos cannot unfreeze the IOUs that have been frozen by a Gateway and is not liable for any such event.
   10. Anodos is currently not charging any fees for the use of the Application. In this sense, to the extent permitted by applicable law, Anodos undertake no obligation and accept no liability whatsoever towards you.

4. Licence & Agreement

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 and Services on any device that you own or control (End User License). The End User License only provides for using the Application, Content and Services as set out in these Terms.

1. 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 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 termination of the End User License agreement and /or these Terms and/or the applicable Additional Terms shall remain in full force and effect.
2. This End User License and the access to the Application, Content and Services automatically ends in case of termination by you or by Anodos in accordance with this section 6.
3. You are not allowed and shall not permit any person or entity to:
   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;
   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.
4. Anodos observes sanction laws and regulations in the European Union and the United States of America 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.

5. Your obligations & responsibilities

Your responsibilities following the characteristics of the Application

1. Due to the characteristics of the Application as set out in section 5, 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 XRPLP accounts, potentially arising in connection therewith. More specifically, but not limited:
   1. You are solely responsible for maintaining the safety of either or all of the following: (i) your XRPLP 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 XRPLP accounts and the ability to manage the funds contained therein;
   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 XRPLP accounts. Anodos is not able to recover and is not liable with regard to lost funds or XRPLP accounts;
   3. You are responsible for verifying the reliability, trustworthiness and liquidity of the IOUs that you acquire from Gateways through the Application. This responsibility includes reviewing each Gateways’ terms and conditions, solvency and potential risk factors, which you must factor in when considering adding XRPLP trust-lines to their addresses. Note that the curated recommendation of Gateways and IOUs provided by Anodos do not relieve you from this responsibility.
   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.
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
3. You are responsible for your usage of the Application and Services and shall comply with;
   1. All Anodos’ instructions, including these Terms and any Additional Terms, if applicable;
   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, the XRPLP, other parties legitimately operating on the XRPLP 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.
4. You guarantee that all information provided to Anodos is correct, complete, accurate and up-to-date at all times.
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 vehicle.

6. Usage, maintenance & support

1. Taking into account that Anodos cannot guarantee either the liveness and/or security of the XRPLP, Anodos will, in the best interest of the Application, undertake all reasonable efforts to maintain the availability and quality of such infrastructure.
2. Anodos may temporarily put the whole or a part of the Application, Products and Services out of operation for preventive, corrective or adaptive maintenance or other service reasons.
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.
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.
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.
6. Anodos is not obliged to:
   1. Maintain, modify or add certain features or functionalities of the Products and Services or software specifically for you, or;
   2. Ensure that Services continue to work in a new or modified version of the Application.
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 and Services as mentioned in section 4.
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:
   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;
   2. Function without interruption;
   3. Are suitable for your intended usage or any other particular purpose;
   4. Do not infringe upon any third party rights, and;
   5. Shall be adapted to changes in applicable legislation and regulations in time.
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.

7. Contents

1. All Content available on the Mobile Application, Products and Services is the property of Anodos.
2. You only acquire a non-exclusive, non-transferable, non-pledgeable and non-sublicensable right to use the Content within the online environment of the Application in accordance with these Terms.

8. Liability

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 your access or use or inability to access or use the Application and Services and any Third Party Services.
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.
3. Anodos is not liable for any damages that result from
   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;
   2. incorrect, incomplete or unreliable information provided by or on behalf of you, or
   3. any acts or omissions of, or on behalf of, you.
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.
5. You will indemnify Anodos for all damages, costs and other losses Anodos incur as a result of any breach of these Terms, Order or other contract by or on your behalf.
6. 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.
7. Nothing in these Terms intends to limit or exclude liability that cannot be limited or excluded by law.

9. Term of these terms

1. These Terms will continue for as long as you use the Application.

10. Intellectual property rights

1. All Intellectual Property Rights with respect to the Application, Content, Products and Services made (available) by Anodos and any descriptions, technical data, specifications and/or other documents provided to you, will remain the property of Anodos. Unless explicitly agreed otherwise, nothing in these Terms should be construed as the transfer of any of Anodos’ Intellectual Property Rights to you.
2. Anodos grants you a non-exclusive, non-transferable, non-sub-licensable, royalty-free license for the term of these Terms to use Anodos’ Intellectual Property Rights insofar as necessary for the usage of the Application or the access to the Products and Services These Terms will continue for as long as you use the Application.

11. Data protection

1. Please see our Privacy Notice for information on how we process your personal data.

12. Miscellaneous

1. If Anodos does not invoke the Terms towards you, this does not entail a waiver of any right Anodos may have.
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.
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.
4. The headings of these Terms are for convenience only and shall not affect the interpretation of any provision of the Terms.
5. The singular includes the plural and vice versa, a gender includes all other genders.

13. Governing law & jurisdiction

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.
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.

Contact information

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