Terms of Service

These Terms and Conditions (the "Terms and Conditions") govern the contractual relationship between the user, whether a natural person (hereinafter, the "Physical User") or a legal entity (hereinafter, the "Corporate User" and together with the Physical User, the "User") and Endless Machine Corp., with registered address at 8 The Green STE 13642, Dover, Delaware, United States, DE 19901 (hereinafter, "The Company") pursuant to the provision of the service offered through a website and/or an application through the iOS system (hereinafter and together, the "Platform"). Users shall be subject to the respective General Terms and Conditions, along with all other policies and principles governing The Company and which are incorporated herein by reference.

ANY NATURAL OR LEGAL PERSON THAT DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE PLATFORM.

The User must read, understand, and accept all the conditions established in the General Terms and Conditions and in the Privacy Policies.

1. Registration

1.1. In order to access the contents of the Platform, the User may decide to create an account or not. If the User decides not to register, the User also declares to know these Terms and Conditions and the Privacy Policy and accepts the use of the Platform will be governed under these documents. The User understands and agrees that failure to register may have limitations on the use of the Platform, without giving rise to any claim on his part. 

If the User decides to register, the latter must use their Google, Microsoft or Apple account and verify that the information they make available to The Company is accurate, precise and true (hereinafter, the "Account"). For Corporate Users, The Company will provide an additional document that must be signed by them in order to use the Platform. The Company reserves the right to request documentation proving the entitlement to contract the Service, as defined below. Additionally, The Company will request the company representative to specify the information of those employees to whom the Corporate User intends to give access, in order to be able to offer access to them. In the event that the Physical User uses the Service offered through the Platform for work projects or their own employment, they will be responsible for the use of the Platform towards their employers and / or any third party that may file a claim about the use of the Platform or the final product that the User delivers to them. 

1.2. The Company may use several means to validate the identity of Users. 

1.3. The User shall be solely responsible for the proper care of its Account, and for keeping its passwords protected. The User assumes full responsibility towards The Company and third parties for any damages that may occur as a result of his/her own actions, the actions of his/her dependents or authorized or unauthorized third parties logged in through the Account, and shall indemnify and hold The Company blameless for the improper use of the Account. 

1.4. In order to become a User, Users must register and accept the Privacy Policy and these Terms and Conditions.

1.5. The Company reserves the right to request any additional proof and/or data in order to verify personal information, and to temporarily and/or permanently suspend the Service to any User whose data could not be confirmed. The personal data provided by the User will be integrated into a personal database for which The Company is responsible. For more information, please consult the Privacy Policy.

2. The Service

2.1. The Company's service consists of providing a Platform through which Users will be able to manipulate content in any format  (hereinafter, the "Service").

As soon as the User accesses the Platform, they will be able to find different modules offered by The Company in order to manipulate different contents and will also be able to create his/her own modules (hereinafter, the "Mods"). The User will have the possibility to share the Mods created by themselves, with third parties that are members of the Platform. The Company reserves the right to modify the available functionalities, as well as the conditions for the use of the same, without this giving the User any right to claim against The Company.

Within the Platform, the User will have certain tools that will allow him/her to modify, translate, summarize, find quotes or specific information and customize written, oral or audiovisual content at his/her own discretion. 

2.2. The User understands and accepts they will be able to incorporate their own content as well as content from third parties - whose authorization and scope of use is their own responsibility - into the Platform (hereinafter, the "Original Content"), and may be able to modify or transform it, according to their own criteria, generating derivative content (hereinafter, the "Derivative Content" and together with the Original Content, the "Content"). Likewise, the User understands that there may be employees or providers of The Company who may access the Content incorporated by Users, solely for the purpose of providing the Service.  Furthermore, the User understands that there may be employees or suppliers of The Company who may have access to the Content incorporated by Users, solely for the purpose of providing the Service. The Company will ensure that those who have access to the Content will be those employees or suppliers whose activity depends strictly on such action to provide the Service properly.

The User agrees that the use of such Content shall be the User's own responsibility, in accordance with the guidelines set forth in Clause 4 and 5 of these Terms and Conditions. 

2.3. In turn, the User may provide feedback regarding the use of the Service to The Company in real-time and report any improvements or issues they may encounter with the Platform (hereinafter, the "Feedback"). In the event that the User provides Feedback, the User grants a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable and transferable license to use, reproduce, publicly display, distribute, modify and make use of such Feedback in any public manner and at The Company's sole discretion. Any Comments that the User chooses to provide to us shall be on an entirely voluntary basis. The User understands that they will not receive any compensation for the given Feedback and that it may be used to improve the Service or to develop new features and services.

2.4. The provision of the Service shall be at the sole discretion of The Company, who may modify, delete or suspend, permanently or temporarily, features and functions of the Service at any time, without notice and without giving the User the right to any claim. Also, since some of the Services are provided through the Internet, The Company is released from any liability for any Internet connection problem that the User may have and that, by virtue thereof, prevents the User from using the Service. 

2.5. The Company authorizes the User, during the term of the Service, to use, view, print, download, and store the Derivative Contents and/or elements inserted by the User in the Platform. The Company encourages the creation of Derivative Content exclusively for personal, private, and non-profit use; however, the User may use it as they deem appropriate, provided they have the necessary authorizations under applicable law to do so. The User will be exclusively responsible for the use of the Derivative Content, without this giving rise to any right to claim against The Company Likewise, they undertake to indemnify The Company for any claims by third parties in this regard.

3. Price. Payment Methods.

3.1. The User understands and accepts that in order to contract the Service, the User must decide the type of plan and fees of his/her preference. If the User has any doubts regarding the plans and rates offered by The Company, please visit the following link: http://endless.io/pricing (hereinafter, the "Plans"). 

3.2. The Company reserves the right to modify the fees applicable to the Plans at its own discretion, without this generating any right to claim by the User. The Company undertakes to notify the User 30 (thirty) days in advance through the link mentioned in Clause 3.1. of this document, of any price modifications.

3.3. The fees and costs of the The Company Plans have the following general features (but are not limited to the following list):

(a) Fees are quoted and paid in the legal currency of the United States. The Company shall not be liable for any exchange rates payable by the User as a result of payment for the Service. 

b) The fees are linked to the purchase of the Service. They will be invoiced immediately and monthly, in advance, in accordance with the conditions set forth herein. 

c) The fees paid are non-refundable.

d) It will not be possible to change the selected Plans for lower priced Plans once they have been chosen and paid for. 

3.4. Billing Information. The User must provide The Company with valid and updated information and data of the payment methods used for the purpose of issuing invoices for the purchase of Plans.

3.5. Payment Method. The User understands and accepts that the charge of the applicable fee for the Plan selected by the User will be made automatically and they will pay a monthly fee in advance during the term of the provision of the Service.

3.6. Payment Methods. Without prejudice to what The Company may establish at any time, the Plans must be paid through Stripe and/or the platforms made available by The Company for this purpose. All charges, fees, taxes, commissions, and other expenses related to transactions with the indicated payment methods, and those that The Company may establish in the future, must be borne by the User.

3.7. Taxes. The User shall be responsible for the payment of all taxes related to the contracted Service pursuant to these Terms and Conditions. In the event The Company is legally required to pay or collect taxes for which the User is liable, then the applicable amount will be billed to and paid by the User, unless the User provides a valid tax exemption certificate issued by the appropriate taxing authority and such certificate is accepted by the taxing authority to the effect that The Company shall not be required to make such payment or collect such taxes. Additionally, in the event that the User is responsible for any withholding for any Taxes applicable to The Company in any particular jurisdiction, then the User shall pay The Company an amount in addition to the amounts billed as fees for the Service, such that after deducting the amounts withheld for applicable taxes, the total payable to The Company is equal to the fees that would have resulted had such withholdings not been applicable.

4. Responsibility

4.1. The User shall comply without conditions or exceptions of any nature with these Terms and Conditions. The User shall also be responsible for any error or mistake in the accuracy, quality, integrity and legality of its data and the means by which it acquired the same. In particular, the User agrees to refrain from performing any of the following acts, being solely responsible in case of doing so: 

(i) use the Service directly or indirectly, to violate any applicable law, whatever its nature, whether provincial, state, national or international; 

(ii) use, make or transmit information and/or materials the content of which is, directly or indirectly, and without the following being considered a limitation, infringing, profane, abusive, defamatory and/or fraudulent, or which discloses private or personal matters affecting any person, or in any way violates the rights of others; 

(iii) access the Service using false, misleading or non-existent information, whether as an individual or a legal entity;

(iv) post or transmit any material that the User is not entitled to transmit under any applicable law (including, but not limited to, copyright, trademark, trade secret, patent or other proprietary rights of third parties) or under contractual or fiduciary relationships (such as non-disclosure agreements) or send spam;

(v) violate or disrupt in any way the authentication, identity verification and security systems of the Service, networks or accounts of Users, brands and/or administrators and/or those responsible for the Service; this includes, and is not limited to, attempting to access data or materials not intended for the User, or attempting to test or alter in any way and at any level the security of The Company, using any kind of tools that serve the same or similar purposes; 

(vi) send or transmit files that contain viruses or other destructive features that may adversely affect the operation of another's computer and/or may affect the proper functioning of another's computer and/or the Service; 

(vii) use any computer program (software) or other means, which induces deception, for the purpose of increasing or procuring patrimonial or commercial advantages in favor of the User or third parties not authorized by The Company or not provided for in these Terms and Conditions; 

(viii) take actions that restrict, deny or prevent any individual, group, entity or organization from using the Service, and the Internet in general. 

(ix) Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database without The Company's written permission.

(x) Mislead or defraud The Company and other Users, especially to obtain confidential Account information, such as User passwords.

(xi) Circumvent, disable, or otherwise obstruct the security features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Services.

(xii) Defame, obstruct, or otherwise damage The Company and/or the Platform and/or the Services.

(xiii) Use any information obtained from the Platform and the Services offered to harass, abuse, or harm another person.

(xiv) Misuse the support service or send false reports of abuse or misconduct.

(xv) Harass, bother, intimidate, or threaten any of the employees of The Company or agents participating in providing any part of the Services.

(xvi) Attempt to circumvent any measures of the Services designed to prevent or restrict access to the Platform or its functionalities or any part of the Service.

(xvii) Except as permitted by applicable law, decrypt, decompile, disassemble or reverse engineer the Platform.

(xviii) Unauthorized use of the Services, including collecting usernames and/or email addresses of Users by electronic means or other means.

(xix) Use the Services as part of any effort to compete with The Company or to contract the Services and resell them to third parties.

Likewise, the use of any method or system, computer or otherwise, by the User and/or third parties on behalf of the User for the purpose of using the Service, which are not expressly authorized by The Company in these Terms and Conditions and/or by other express means, is prohibited and shall be grounds for the sanctions and/or proceedings contemplated therein, without prejudice to the legal actions that The Company and/or its representatives and/or successors may bring to that effect.

4.2. The Company shall in no event be liable for any loss or damage arising from circumstances beyond its control. These circumstances include but are not limited to: electrical or magnetic damage or deletion of electronic or photographic images, data or recordings; any defect or feature related to the Service, even if these are known to The Company; "Force Majeure" - e.g. earthquakes, hurricanes, storms, floods, fog, war, airplane crashes, airplane blockage, strikes or civil commotion, union actions. Also all other kinds of loss or damage (such as, but not limited to, loss of profits and future business) are excluded, regardless of whether such loss or damage is indirect or consequential, or even if The Company has been advised of the risk of such loss or damage before or after use of the Service

4.3. The User must keep in mind that The Company hires its access to the Platform and its servers to a third party provider of such services. Consequently, the User accepts and acknowledges that the Service may not always be available due to technical difficulties or failures of the Internet or third party providers; congestion on the Internet, on social networks or for any other reason beyond The Company's control. Consequently, The Company does not guarantee the availability and continuity of the operation of the Service; nor does it guarantee the usefulness of the Service for the performance of any particular activity, nor its infallibility and, in particular, but not exclusively, that Users can effectively use the Service, or the entirety of the Service.

4.4. The Company reserves the right to make all modifications it deems necessary in order to improve the quality and performance of the Service, without this implying a commitment to comply.

4.5. The Company will make available to the User tools that may be owned by third-party providers, so The Company is not responsible for their proper functioning. Likewise, the User accepts that the results provided by the Mods made available by The Company, or even those generated by the User themselves, will be used under their sole responsibility. The Company is not responsible if the results are considered incorrect, faulty, or due to misuse of the tools. The User understands and accepts that the results obtained within the Platform may be owned by or come from third-party provider platforms or partners, so the User will have no claim against The Company for them.

4.6. The User understands that the information provided on the Platform may not be distributed or used by any person or entity in any jurisdiction or country where such distribution or use is contrary to law or regulation or subjects us to any registration requirement in such jurisdiction or country. Therefore, persons who decide to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent they are applicable. 

5. Discriminatory Content or Contrary to Applicable Legislation

5.1. The Company does not allow Users to take actions that promote or incite harm to others or promote discriminatory, hateful, or harassing content. To this end, The Company may suspend or cancel the Account of those Users about whom there are indications or suspicions of using Content that, at the sole discretion of The Company, is determined to contain:

(i) A threat of physical harm. This means any statement, photograph, advertisement, or other Content that, at the sole discretion of The Company, may reasonably be considered threatening, advocating, or inciting physical harm or violence against others.

(ii) Hate speech. This means any statement, image, photograph, advertisement, or other Content that, at the sole discretion of The Company, may reasonably be considered harmful, threatening, promoting harassment, intimidation, abuse, or discrimination against others based solely on race, ethnicity, nationality, sexual orientation, gender, gender identity, religious affiliation, age, disability, illness, or immigration status.

5.2. The Company may also suspend or cancel the User's Account if it considers, at its sole discretion, that the User is:

(i) An organization that has publicly stated or acknowledged that its objectives, positions, or fundamental ideas include statements or principles that could be considered to advocate, encourage, or promote hate speech or threats of physical harm;

(ii) A person who has made a public comment or statement, or who has publicly disclosed an opinion, including affiliation with an organization as indicated above, that could reasonably be perceived as hate speech or a threat of physical harm; or

(iii) A person or organization that has acted in a manner that could reasonably be considered to support, justify, promote, or represent hate speech or a threat of physical harm.

5.3. The Company also does not allow the distribution of Content that is substantially false, inaccurate, or misleading in a way that may deceive or confuse others about important events, topics, or circumstances.

5.4. The User understands and agrees that in the event the User violates any of these rules, The Company may issue a warning to suspend or cancel the User's Account.

6. Use of the Platform

6.1. The Company will not be responsible if Users do not have a communication or technological means compatible with the use of the Platform to access information.

6.2. Users undertake to make appropriate and lawful use of the Platform in accordance with applicable legislation, these Terms and Conditions, generally accepted morals and good customs, and public order.

6.3. By using the Platform or the Services, Users agree that:

a. They will not request the Service for purposes that are illicit, illegal, contrary to the provisions of these Terms and Conditions, to good faith and public order, detrimental to the rights and interests of third parties.

b. They will not attempt to harm the Service or the Platform in any way, nor will they access restricted resources on the Platform.

c. They will not use the Service or the Platform with an incompatible or unauthorized device.

d. They will not introduce or disseminate computer viruses or any other physical or logical systems that are capable of causing damage to the Platform.

7. Use and Warranty of the Platform

7.1. The Company does not guarantee the availability and continuity of the operation of the Platform. Consequently, The Company will not be liable in any case for any damages that may arise from (i) the lack of availability or accessibility to the Platform; (ii) interruptions in the operation of the Platform or computer failures, telephone breakdowns, disconnections, delays, or blocks caused by deficiencies or overloads in telephone lines, data centers, communication systems, the Internet, or other electronic systems, occurring during its operation; and (iii) other damages that may be caused by third parties through unauthorized intrusions beyond the control of The Company

7.2. The Company does not guarantee the absence of viruses or other elements on the Platform introduced by third parties unrelated to The Company that may cause alterations to the User's physical or logical systems or to the electronic documents and files stored in their systems. Consequently, The Company will not be liable in any case for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations to the physical or logical systems, electronic documents, or files of the User.

7.3. The Company adopts various protection measures to protect the Platform and its contents against computer attacks by third parties. However, The Company does not guarantee that unauthorized third parties cannot become aware of the conditions, characteristics, and circumstances under which the User accesses the Platform. Consequently, The Company will not be liable in any case for damages that may arise from such unauthorized access.

7.4. By accepting these Terms and Conditions, the User declares to keep The Company , its controlled and controlling companies, directors, partners, employees, attorneys and agents blameless from any claim arising from (i) breach by Users of any provision contained in these Terms and Conditions or any law or regulation applicable thereto, (ii) breach or violation of the rights of third parties including, but not limited to, other Users; and (iii) breach of the permitted use of the Platform.

8. Intellectual and Industrial Property Rights

8.1. The User, acknowledges and agrees that all intellectual and industrial property rights on all elements that are part of the operation of the Platform (including, without limitation, trademarks, logos, trade names, text, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio and video Mods generated by The Company), , belong to The Company

8.2. The Company shall obtain all right, title and interest in and to the material, Mods created by The Company, data and information generated as a result of the use of the Service. 

User understands and agrees that Mods shall be owned and copyrighted by The Company, except for those Mods generated by User. The Company may make the registrations and / or assignments it deems with respect to the Mods of its ownership, at its own discretion. The Company will recognize to the User the moral rights over the Mods generated by the User, without this giving rise to any right to any type of patrimonial claim by the User. To this end, the User hereby authorizes The Company to use his/her name, surname and/or nickname in order to acknowledge the moral authorship of the corresponding Mods.  

The User hereby grants a free license to use the Mods owned by the User, so that The Company can make them available through the Platform and share them with third parties. 

8.3. The User shall retain all right, title and interest in and to the Original Content. User represents and warrants: (i) that it owns or has otherwise obtained all rights, releases and permissions necessary to use the Original Content and to grant The Company the rights afforded in these Terms and Conditions; and (ii) that the Content, submission and use will not infringe any applicable law or third party intellectual property, privacy, publicity or other rights, or any of your policies, third party policies or terms governing the Content.

The User shall obtain all right, title and interest in and to the Mods created by the User and Derivative Content as a result of use of the Service. The User grants The Company permission to use the Mods created by the User and Derivative Content in order to facilitate the same on the Platform for purposes compliant with the standards set forth in these Terms and Conditions.

8.4. The Company respects the copyrights of its Users and any other person. If User believes that there is an abuse of its copyrights, please send us a written notice to the contact email address. 

The Company may report any Content and share User identifiable information, if The Company believes, in its sole discretion, that such Content is illegal or abusive or may violate any rights of third parties.

The Company may ask the User to provide additional information in order to process their complaint. The Company will use reasonable efforts to review all complaints and respond promptly. Please note that The Company's ability to respond to anonymous complaints is very limited.

The Company may remove any Content if The Company believes, in its sole discretion, or receives notice from a third party, that such Content may violate any rights of third parties. Prior to removing such Content, The Company may block access to such Content and, if applicable, will provide the User with 48 hours' notice prior to the final removal of such Content without maintaining any backup copies.

9. Confidentiality

9.1. The Parties shall keep strictly confidential and shall not divulge or disclose to third parties, in whole or in part, without the prior and express written consent of the Party disclosing information, any information, matter or objects disclosed to it by any of the Parties as being of a confidential, secret or proprietary nature of such Party, such as trade secrets or trade policies, or any information which under the circumstances of its disclosure should be considered confidential (hereinafter the "Confidential Information"), for which purpose it shall take all reasonable precautions to prevent its unauthorized disclosure or dissemination and shall refrain from sharing any or all such information with any third party for any reason whatsoever, except as may be required by court order. The duty of confidentiality includes but is not limited to all documents, whether handwritten or on magnetic media, oral or written instructions or orders, which either Party has given to another Party or which come to its knowledge by virtue of the provision of the Service. 

10. Protection of Data

10.1. The Personal Data provided by the User in the registration of the Account will be integrated into a personal database for which The Company is responsible, the address of which is set out in the heading of this document. 

10.2. The Company declares that the personal data of Users will be used solely for the purpose of providing the Service as mentioned in Clause Two and for billing purposes. 

10.3. Users may exercise their rights to access, rectify, delete and update their personal information, as well as to oppose the processing thereof, all in accordance with the provisions of the applicable regulations.

10.4. The User acknowledges and agrees that the information entered on the Platform for the use of the Service will be transmitted to The Company, and will be used by The Company in accordance with its Privacy Policy available for consultation on the Platform.

11. Communications. Complaints.

11.1. Any notice or other communication to be made under these Terms and Conditions must be made in writing: (i) to the User: to the email account, which shall be deemed valid, even if a factual inconvenience not attributable to The Company arises, making it impossible for the User to be informed of the content of the notice; (ii) to The Company: to the email account contact@endless.io.

11.2. In the event that the User intends to make a claim regarding the Service offered, the User may contact The Company through its official channels: contact@endless.io.

12. Applicable Law. Jurisdiction.

12.1. These Terms and Conditions, as well as the relationship between The Company and the User, shall be governed and interpreted in accordance with the laws of Delaware, United States, unless the Parties establish otherwise in a separate document.

12.2. Any dispute regarding the validity, existence, interpretation, compliance, non-compliance, or execution of these Terms and Conditions, as well as any aspect of the Service and Services, shall be settled exclusively before the Commercial Courts of Delaware, United States, unless the Parties establish otherwise in a separate document.

13. General Provisions

13.1. The use of the Service grants the condition of User and expresses the full and unreserved acceptance, by the User, of each and every clause of the Terms and Conditions in the version published by The Company on the Platform at the very moment the User uses the Service. 

13.2. The User declares to have legal capacity to contract and not to have any impediment according to the applicable jurisdictions, and undertakes to use the Service for a lawful purpose. If the User accepts these Terms and Conditions on behalf of a company or other legal entity, the User expressly manifests that the User has sufficient authority to bind such entity to these Terms and Conditions, in which case the term "User" shall refer to such entity and its employees. If the User does not have such authority, the User must refrain from using the Service on behalf of such Legal entity.

13.3. The use of the Service is also subject to all notices, rules of use, instructions, policies, terms and conditions supplementary, supplementary or specific, present or that in the future The Company may publish on the Platform.

13.4. The Company may modify the Terms and Conditions at any time by communicating such modifications to Users. New versions of the Terms and Conditions will be notified by: (i) posting such new versions on the Platform and/or (ii) by email to the User with a link to the relevant URL. Upon receipt of such notice, the User's continued use of the Service after the posting of such new version shall be deemed acceptance of such modifications to the Terms and Conditions. Accordingly, the User agrees to: (i) check the URL: http://endless.io/legal/terms before using the Platform; and (ii) read any email messages sent by The Company with any modifications or new versions.

13.5. The User is responsible for examining and understanding the operation of the Service and these Terms and Conditions to become familiar with the resources and functions of the Service. 

13.6. The parties are independent contractors. These Terms and Conditions do not create a partnership, franchise, joint venture, agency, commercial, fiduciary or employment relationship between the parties.

13.7. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted as best helps to achieve the objectives of the original provision to the fullest extent permitted by law and the remaining provisions of these Terms and Conditions will continue in effect.

13.8. The User may not assign its assumed rights or obligations without The Company's prior written consent (not to be unreasonably withheld). The Company may assign its rights and obligations under these Terms and Conditions without the User's consent.