Terms of Service

1. Acceptance of Terms

By accessing or using our website, services, software, or any related applications (collectively, the “Services”), you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these terms, you must not use our Services.

2. Eligibility

To use ENDR's Services, you must be at least 16 years old or of legal age in your jurisdiction. By agreeing to these Terms, you represent and warrant that you meet these requirements and have the legal capacity to enter into this agreement.

3. Use of the Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You may not use the Services:

• To violate any applicable local, state, national, or international law or regulation
• To exploit, harm, or attempt to exploit or harm minors
• To transmit any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate ENDR, an ENDR employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services

We reserve the right to suspend or terminate your access to the Services for any violation of these Terms.

4. Accounts and Registration

Some features of our Services may require you to register an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

5. Intellectual Property Rights

All content, trademarks, logos, and intellectual property on the ENDR website and within our software are owned by or licensed to ENDR. You may not copy, modify, distribute, sell, or lease any part of our Services or included software without our prior written consent.

6. Software Licensing

ENDR may provide you with access to proprietary software. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to use our software strictly in accordance with its intended purpose.

7. Payments and Subscriptions

If our Services require payment:

• All prices are in AUD (or your local equivalent, depending on your region)
• You agree to provide valid and up-to-date payment information
• Subscriptions will auto-renew unless canceled prior to the billing date

You are responsible for all applicable taxes, charges, and fees.

8. Data Protection and Privacy

We are committed to protecting your personal data. Please review our Privacy Policy, which explains how we collect, use, and safeguard your information in accordance with the Australian Privacy Act, GDPR, and applicable U.S. privacy laws, including CCPA.

9. Third-Party Services

Our Services may contain links to third-party websites or services that are not owned or controlled by ENDR. We are not responsible for the content or practices of any third-party websites.

10. Warranties and Disclaimers

Our Services are provided “as is” and “as available”. We do not guarantee that the Services will be error-free or uninterrupted. To the fullest extent permitted by law:

• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.
• We are not liable for any loss, damage, or inconvenience resulting from your use of the Services.

11. Limitation of Liability

To the extent permitted by applicable law, ENDR shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Data loss
• Business interruption
• Loss of profits or revenue
• Personal injury or property damage arising out of or in connection with your use of the Services

In jurisdictions where limitation of liability is not allowed (e.g., consumer protections in the EU or Australia), our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless ENDR and its affiliates, officers, directors, employees, and agents from any claim, liability, or demand arising out of your violation of these Terms or misuse of the Services.

13. Governing Law

• Australia: For users in Australia, these terms are governed by the laws of New South Wales and the Australian Consumer Law.
• United States: For U.S. users, these terms are governed by the laws of the State of Delaware, without regard to conflict of laws.
• EU/EEA: For EU users, you are entitled to the protections of the GDPR and consumer rights under your local law.

14. Dispute Resolution

We aim to resolve disputes amicably. If a dispute arises, please contact us first. If not resolved, disputes may be brought:

• In the courts of New South Wales (Australia)
• In the state or federal courts of Delaware (U.S.)
• Under the consumer protection authorities of your local EU member state

15. Changes to Terms

We reserve the right to update these Terms at any time. We will notify users of material changes through our website or other contact methods. Continued use of the Services after changes constitutes your acceptance of the updated Terms.

16. Contact Information

If you have any questions about these Terms, please contact:

ENDR Australia
PO Box 15, Coburg VIC 3058
Email: [email protected]
Website: https://endr.tech