• ENDERO

    TERMS AND CONDITIONS

    Updated Oct. 23, 2024

    These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You”) and Endero Inc, doing business as Endero (“Endero”, “We”, “Us”, “Company” or “Our”), concerning your access to and use of the Endero’s website located at www.endero.co and/or downloading Endero’s mobile application (the “App”) and/or registering for Endero’s services (collectively “Services”). You agree that by accessing Endero’s Services that you have read, understood, and agreed to be bound by all of these Terms and Conditions.

    PLEASE READ THESE TERMS CAREFULLY, BEFORE YOU START USING ENDERO’S SERVICES AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ENDERO. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP, WEBSITE, AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

    ENDERO’S SERVICES INCLUDE ASKING, GIVING, AND/OR RECEIVING ADVICE FROM OTHERS AND AS SUCH YOU AGREE TO HOLD ENDERO HARMLESS FOR ANY ADVICE ASKED, GIVING AND/OR RECEIVED THAT MAY BE HARMFUL TO OTHER USERS.

    We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Services after the date such revised Terms and conditions are posted.

    This information provided on the Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    The Services are intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the App. If you do not meet all of these requirements, you must NOT access Endero.

    SERVICES

    The Services comprise mobile applications, website and other related services, which allows you the User to solicit advice from others or receive advice from others. The advice asked and received may be made public for other to see and may be received either through the App or Website; through a phone call or text by another user. The advice given or received may be directed toward relationship, mental health or career topics that are subject to change with Endero’s discretion.

    ACCOUNT REGISTRATION AND SECURITY RESPONSIBILITY

    In order to access Services, you may be required to create a Endero account (an “Account”). In connection with creating an Account, you must provide certain information (“Registration Data”) and answer all questions or fields marked “required.” You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your Account, including by maintaining the security and confidentiality of your login credentials; and (d) consent to allow Endero to contact you for the purpose of confirming some or all of your Registration Data, to conduct research and to resolve disputes, as Endero may elect to do from time to time.

    We reserve the right to withdraw or amend Endero, and any service or material we provide on Endero’s Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

    You are responsible for:

    • Making all arrangements necessary for you to have access to the Services.

    • Ensuring that all persons who access to the Services through your internet connection are aware of these Terms of Use and comply with them.

    To access Services provided or some of the resources Endero may offer from time to time, you may be asked to provide certain registration details or other information. It is a condition of your use of Endero’s Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with Services or otherwise, including but not limited to through the use of any interactive features on Endero’s Services, is governed by our Privacy Policy, endero.co/policies and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    Your username, password, and any other piece of information that you provide to Endero must be treated as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms and Conditions.

    YOUR CONTENT

    The Services may contain information, texts, links, graphics, photos, videos, audio, streams, software, tools other material, advice asked, or advice given (“Content”) including Content created by you or through someone else. Endero takes no responsibility for, and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of the any of the Content, Advice asked, or Advice received.

    By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights in that Content. By giving advice you additionally open yourself up to liability for given inaccurate advice.

    You retain any ownership rights you have in Your Content, but you grant Endero a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Endero. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

    Endero has no obligation to screen, edit, or monitor Your Content including advice asked, given or received, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Privacy Policy or if you otherwise create or are likely to create liability for us.

    WARRANTIES

    By using Endero’s Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not under the age of 18 (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the App; (6) you will not access the App or Website through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the App for any illegal or unauthorized purpose; and (8) your use of the App will not violate any applicable law or regulation.

    If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

    Endero disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

    USER REQUIREMENTS

    These Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to user Endero’s Services unless a parent or guardian has giving permission and agreed to these Terms and Conditions. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no destruction of property or burglary or property). You may not in your access or use of the Services cause nuisance, annoyance, or inconvenience to any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

    USE LICENSE

    If you access our services via our App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for this application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

    APPLE AND ANDROID DEVICES

    The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the App: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. governmental list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms in the this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

    INTELLECTUAL PROPERTY RIGHTS

    Endero’s Intellectual Property Rights. Endero’s App and Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Endero, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

    These Terms of Use permit you to use the App and/or Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App and/or Website, except as follows:

    • Your computer device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

    • You may store files that are automatically cached by your Web browser for display enhancement purposes.

    • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

    • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

    You must not:

    • Modify copies of any materials from this site.

    • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

    • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

    You must not access or use for any commercial purposes any part of the App and/or Website or any services or materials available through the App and/or Website.

    If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App and/or Website in breach of the Terms and Conditions, your right to use the App and/or Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App and/or Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App and/or Website not expressly permitted by these Terms and Conditions is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

    a. Trademarks. The Company name, the terms Endero, Endero logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Application and/or Website are the trademarks of their respective owners.

    b. Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Endero; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

    PROHIBITED ACTIVITES

    You may not access or use the Endero’s Services for any purpose other than that for which we make available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

    As a user of Endero’s Services, you agree not to:

    1. Disparage, tarnish, or otherwise harm, in our sole discretion, us and or the Services.

    2. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.

    3. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

    4. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

    5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as users’ emails and passwords.

    6. Make improper use of our support services or submit false reports of abuse or misconduct.

    7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

    8. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the App.

    9. Attempt to impersonate another user or person or use the username of another user.

    10. Sell or otherwise transfer your profile.

    11. Use any information obtained from the Services in order to harass, abuse, or harm another person.

    12. Use the App as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

    13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

    14. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

    15. Harass, annoy, intimidate, or threaten any of our employees or agents, users, or those that are engaged in providing any portion of the Services.

    16. Delete the copyright or other proprietary rights notice from any Content.

    17. Copy or adapt the App or Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

    18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

    19. Use the Services in a manner inconsistent with any applicable laws or regulations.

    20. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or using or launching any unauthorized script or other software.

    21. Defraud other users or influence others through advice given.

    Users suspected or found to be engaged in any of the prohibited activities above may have their accounts suspended or deleted at our sole discretion.

    THIRD PARTY WEBSITE AND CONTENT

    The Services may contain (or you may be sent via the App or Website) links to other websites (“Third-Party Websites”) as well as article, photographs, text, graphics, pictures, designs, music sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use of installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the App and access the Third-Party Websites or to use or install any Third-Party content you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by our purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

    ADVERTISERS

    We allow advertisers to display their advertisements and other information in certain areas of the App or Website, such as sidebar advertisements or banner advertisements. If you are an advertiser you shall take full responsibility for any advertisements you place on the App or Website and any services provided on the App, Website or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the App or Website, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

    SITE MANAGEMENT

    We reserve the right, but not the obligation to: (1) monitor the Services for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the site. If you choose to use Endero you agree that you will respect others and give the best possible advice as possible to other user’s and if your rating drops below sixty percent (60%) level you will be removed from the Endero’s Services and will not be allowed to give or receive any more advice. You agree to respect other Endero users and will be active and engaged when asking or receiving advice. Additionally, you agree that if you choose to receive or give advice via a call or text, the call or text may be monitored or recorded through the app or website, and you give Endero permission to record or log the conversation.

    PRIVACY POLICY

    We care about data privacy and security. Please review our privacy policy at endero.co/policies. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Endero’s Services are hosted in the United States. If you access the Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical. If you have any questions regarding privacy, please read our privacy policy: endero.co/policies

    BINDING ARBITRATION AND APPLICABLE LAW

    If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitration will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Maricopa County, Arizona. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

    If for any reason, a dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Maricopa County, Arizona, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.

    In no event shall any Dispute brought by either Party related in any way to the Service be commenced more than one (1) year after the cause of action arose. If this provision is found to be unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

    ELECTRONIC COMMUNICATIONS

    Visiting the App or Website, sending us emails, and completing online forms constitute as electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App or Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP OR WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

    CALIFORNIA USERS AND RESIDENTS

    If any complaint with us is not satisfactorily resolved, you can contact the Compliance Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

    MODIFICATIONS AND INTERRUPTIONS

    We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App or Website. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

    We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

    These Terms and Conditions and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

    INDEMNIFICATION

    You will indemnify and hold the Company and its Affiliates harmless with respect to any suits or claims arising out of (i) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of Endero’s Services or your misuse or abuse of the Services; (iii) your violation of applicable laws, rules or regulations in connection with your use of the Site, Application or Services, (iv) our use of Materials generated or uploaded by you in accordance with these Terms of Use or (v) advice given or received through the application or phone call that is not correct or may cause harm or potentially harmful to another individual. YOU AS A USER OF ENDERO’S SERVICES AGREE TO TAKE THE RISK THAT THE ADVICE GIVEN AND/OR RECEIVED MAY NOT BE CORRECT OR ACCURATE AND MAY BE POTENTIALLY HARMFUL TO ANOTHER USER. YOU AGREE TO INDEMNIFY AND HOLD THE ENDERO, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY ADVICE GIVEN BY ANOTHER PARTY, CONTENT SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE COMPANY AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY PROVISIONS OF THESE TERMS OF USE.

    ENDERO SHALL NOT ISSUE ANY REFUNDS TO ANY END USER THAT VIOLATES THESE TERMS, THE EULA, OR PRIVACY POLICY. IF YOUR USER’S ACCOUNT RATING DROPS BELOW SIXTY PERSON (60%) YOUR ACCOUNT SHALL BE SUSPENDED AND YOU SHALL NOT USE ENDERO’S SERVICES AND AS SUCH ENDERO RESERVES THE RIGHT TO NOT REFUND ANY FUNDS TO YOU.

    DISCLAIMER

    THESE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRNASMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TORJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUSTION WHERE APPROPRIATE.

    LIMITATIONS OF LIABILITY

    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXMPLARY, INCIDENTAL, SPECIAL, OR PUNITITVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100,000 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

    IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE APPLICATION OR THEIR RESPECTIVE CONTENT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND UNINSTALL THE APPLICATION.

    Questions? Contact us at hi@endero.co

  • ENDERO INC.

    Privacy Policy

    Last modified: 11/06/2023

    Introduction

    Endero Inc ("Company" or "We") respect your privacy and is committed to protecting it through our compliance with this policy. In this Privacy Policy we explain how We collect your information and how we use or share it when you use our sites, mobile apps, widgets and other products or services supplied by the Company (collectively the “Services”). Additionally, this privacy policy explains our practices for collecting, using, maintaining, protecting, and disclosing that information. We will collect minimal information that can be used to identify you by default.

    This policy applies to information We collect by the Services in email, text, and other electronic communications sent through or in connection with our Services.

    This policy DOES NOT apply to information that:

    · We collect offline or on any other Company apps or websites, including websites you may access through this App.

    · You provide to or is collected by any third party (see Third-Party Information Collection).

    Other third party’s services, sites and apps may have their own privacy policies, which we encourage you to read before providing information on or through them.

    Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this Service. By downloading, registering with, or using our Services, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Services after we revise this policy means you accept those changes, so please check the policy periodically for updates.

    Information We Collect We collect information Directly from you when you provide it to us such as when you create a Endero account or automatically through your contact permissions and location permissions.

    · Automatically when you use the App.

    · Unique identifier to that particular phone, pulling that identifier from each phone, pulling location, general information using google.

    · We collect Services engagement and browsing information, such as IP address, date and time stamp, user agent, Endero cookie ID, URLs visited, unique advertising identifiers (including mobile device advertising identifiers) or content identifiers (if applicable), time zone, and other information about your activity regarding our Services.

    · If using an Apple device we may collect your photo, UUID, first name, last name, home email, work email, home phone number, work phone number, home address street, home address city, home address state, home address postal code, and birthday. In addition, we may collect your location permissions such as coordinates, altitude, timestamp for when a user is at a location, horizontal accuracy, vertical accuracy, location accuracy, speed, speed accuracy, location direction, course (direction in which the device is traveling).

    Your Choices About Our Collection, Use and Disclosure of Your Information We may collect your information through the following:

    • Permission through your phone such as contact permissions and location permission.

    • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You can choose whether or not to allow the App to collect information through other tracking technologies by Opting out of tracking. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.

    • Location Information used through location permissions. You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the App may become inaccessible or not function properly.

    • Promotion by the Company. If you do not want us to use your email address or contact information to promote our own or third parties' products or services, you can opt-out by sending us an email at info@endero.co. You can also always opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes.

    • Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by sending us an email at info@endero.co. You can also always opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to info@endero.co.

    We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

    Residents in certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

    Information You Provide to Us When you download, register with, or use our Services, we may ask you provide information:

    · By which you may be personally identified, such as name, postal address, email address, telephone number or ANY OTHER INFORMATION THE SERVICES COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW/any other identifier by which you may be contacted online or offline ("personal information").

    · That is about you but individually does not identify you, such as user’s unique identifier from the user’s phone or computer.

    This information includes:

    · Information that you provide by filling in forms in the Services. This includes information provided at the time of registering to use the App, subscribing to our Services, posting material, advice asked, advice given, and requesting further services. We may also ask you for information when you report a problem with the App.

    · Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

    You may also provide information for publication or display ("Posted") on public areas of the app or websites you access through our Services (collectively, "User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons nor are we liable for advice given by users. Asking other users to give advice is done at your own risk and the Company does not guarantee the accuracy of the advice nor does the Company monitor the advice given.

    Information We Collect Automatically When you access or use our Services, we may automatically collect information about which includes:

    • Cookies (or mobile cookies). A cookie is a small file placed on your smartphone or computer. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone or through your web browser. However, if you select this setting, you may be unable to access certain parts of our Services.

    • Web Beacons. Pages of Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Service statistics (for example, recording the popularity of certain content and verifying system and server integrity).

    How We Use Your Information We use information that we collect, to:

    • Provide you with our Services, and any other information, products, or services that you request from us.

    • Fulfill any other purpose for which you provide it including asking advice and giving advice from other users.

    • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

    • Notify you when Service updates are available, and of changes to any products or services we offer or provide though it.

    The usage information we collect helps us to improve our Services and to deliver a better and more personalized experience by enabling us to:

    · Estimate our audience size and usage patterns.

    · Store information about your preferences, allowing us to customize our Services according to your individual interests.

    · Speed up your searches and searches for asking advice and receiving advice.

    · Recognize you when you use the Services.

    We may use the information we collect to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

    Billing and Payment

    • To collect payments (for example, if you are a Endero subscriber) and pay our service providers and content creators. This information is collected so that we can comply with our contractual obligations to you.

    Third-Party Information Collection When you use our Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

    • Advertisers, ad networks, and ad services.

    • Analytics companies.

    • Your mobile device manufacturer.

    • Your mobile service provider.

    These third parties may use tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

    We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

    How We Share Your Information Much of the information including any advice asked or advice given is accessible to everyone even without an account. By using our Services, you are directing us to share this information publicly and freely with others. When you submit content (including a asking any advice or responding to advice or chatting with another user any visitor will be able to see that content, the username, and the date and time the advice was asked and/or responded to. Your Endero account may have a page that is public. Your profile may contain information about your activities such as advice asked or received. Additionally, we may offer social sharing features that allows you to share your content or actions with other media. Your use of features that enables sharing of information with friends or the public depends on the setting you have with the third party that provides social sharing. For more information about other social sharing services please visit the privacy policies of the third parties such as Tumblr, Facebook, and Twitter.

    We do not sell any of your personal information. However, we do share with third-party service provider who use this information to perform its services for us, such as payment processing, hosting providers, auditors, consultants, advisors, Ad Services, Amazon Web Services, Stripe, Google or anything similar.

    We may share information with your consent, to comply with the law, in an emergency to prevent imminent or serious bodily harm to a person, to enforce our policies and rights if we believe your actions are inconsistent with our Terms of Use, rules or other Endero policies.

    How We Protect Your Information We maintain appropriate technical, administrative, and physical safeguards to help protect your information from loss, theft, misuse, unauthorized access, destruction and disclosure.

    Disclosure of Your Information

    We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

    In addition, we may disclose personal information that we collect or you provide:

    · To our subsidiaries and affiliates.

    · To contractors, service providers, and other third parties we use to support our business.

    · To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Endero's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Endero about our App users is among the assets transferred.

    · To fulfill the purpose for which you provide it.

    · For any other purpose disclosed by us when you provide the information.

    · With your consent.

    · To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

    · To enforce our rights arising from any contracts entered into between you and us, including the App EULA, and for billing and collection.

    · If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Endero, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

    Accessing and Correcting Your Personal Information

    You can review and change your personal information by logging into the App and visiting your account profile page.

    You may also send us an email at hi@endero.co to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

    If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other App users. Proper access and use of information provided on the App, including User Contributions, is governed by our terms of use endero.co/terms. Residents in certain states, such as California, may have additional personal information rights and choices.

    Children Under the Age of 13

    The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at hi@endero.co.

    California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information.

    Your State Privacy Rights

    California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. California consumers have the right to make the following requests:

    • You have the right to request a deletion of your personal information that we have collected.

    • You have the right to request a copy of your personal information.

    • You have the right to request that we correct inaccurate personal information that we maintain about you.

    • You may designate agent to make the request on your behalf.

    You may exercise your CCPA rights through contacting us at hi@endero.co. Because we collect limited data about individuals, we are unable to verify information from non-account holders to the standard required by CCPA.

    To make such a request, please send an email to: hi@endero.co

    Data Security

    We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and any other information will be encrypted using SSL technology.

    The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.

    Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

    Changes to Our Privacy Policy

    We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated and notify you by email to the email address specified in your account.

    The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

    Include not liable for refunds for any valuations for other people rated them.

    Contact Information

    To ask questions or comment about this privacy policy and our privacy practices, contact us at: hi@endero.co

  • ENDERO’S

    Mobile Application End User License Agreement

    This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Endero Inc. ("Company"). This Agreement governs your use of the Endero’s Mobile Platform, (including all related documentation, the "Application"). The Application is licensed, not sold, to you.

    BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

    1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:

    (a) download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and

    (b) access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.

    2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:

    (a) copy the Application, except as expressly permitted by this license;

    (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

    (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

    (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

    (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;

    (f) use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;

    (g) use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;

    (h) frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;

    (i) use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application; or

    (j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

    3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

    4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy endero.co/policies. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

    5. Content and Services. The Application may provide you with access to Company's website located at Endero.co (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms and Conditions and Privacy Policy located at endero.co/policies, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

    6. Geographic Restrictions. The Content and Services are based in the state of Arizona in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

    7. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

    (a) the Application will automatically download and install all available Updates; or

    (b) you may receive notice of or be prompted to download and install available Updates.

    You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

    8. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

    9. Term and Termination.

    (a) The term of Agreement commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this Section 9.

    (b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

    (c) Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

    (d) Upon termination:

    (i) all rights granted to you under this Agreement will also terminate; and

    (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

    (e) Termination will not limit any of Company's rights or remedies at law or in equity.

    10. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

    11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

    (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

    (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

    THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

    12. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

    13. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

    14. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.

    15. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona in each case located in Phoenix and Maricopa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    16. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

    17. Entire Agreement. This Agreement, Terms and Conditions, our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

    18. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.