Terms of Service

Effective Date: July 10, 2024

Welcome to Endeva! Here’s a quick, non-binding summary of our Terms of Service to help you understand the key points. The full, legally binding terms follow below.

You Own Your Content. We don't claim ownership of the data you put into Endeva. We only need a license to it so we can run the service for you.
AI Assistant. Our AI can chat, generate images, and browse the web for you. You are responsible for the instructions you give it and for verifying its output. You must not use it to violate others' rights or terms.
Custom Apps. You can build your own apps on our platform. You are fully responsible for the apps you create, including any bugs or security issues they may have. We provide the tools, but you are the developer.
Your Responsibilities. You are responsible for keeping your account secure and for all content and applications within your account.
Service Availability. We work hard to keep the service running, but it's provided "as-is," and we can't guarantee it will be perfect all the time. Please back up your important data.
Payments. Our paid features are billed on a subscription basis at the workspace level. You can cancel anytime.
Disputes. Any legal disputes will be handled through binding arbitration, not in a court with a jury.
Changes. We may update these terms, and we'll notify you of significant changes. Continuing to use the service means you accept the new terms.

1. Introduction

These Terms of Service ("Terms") are a binding legal agreement between you ("you" or "User") and Endeva Corporation ("Endeva," "we," "us," or "our"). They govern your access to and use of our productivity application and related services, including our AI Assistant and Custom App platform (collectively, the "Service"), available at endeva.app and any affiliated platforms.

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

If you are using the Service on behalf of an organization (like your employer), you are agreeing to these Terms on behalf of that organization, and you represent that you have the authority to do so. In that case, "you" and "your" will refer to that organization.

1.1 Key Definitions

Account: Your unique access point to the Service, secured by your credentials.
Workspace: A digital environment within the Service where you and other users can collaborate.
User Content: All materials, data, and content that you or your authorized users input, upload, or manage within the Service. For clarity, User Content also includes the source code, logic, and configuration of any Custom Apps you create.
Assistant: Endeva's suite of AI-powered tools that can engage in chat, generate images, browse the web, and perform other generative tasks based on your prompts.
Generated Content: Any text, images, code, or other material created by the Assistant at your direction. Generated Content is distinct from User Content.
Custom App: An application created by a user, typically with the help of AI, that runs within the Service (e.g., in an iframe) and may access platform APIs.

2. Your Account and Content

2.1 Account Creation and Responsibilities

The Service is intended for users who are at least 18 years old. By using the Service, you confirm that you meet this age requirement.

When you create an Account, you agree to:

Provide accurate and complete information and keep it up-to-date.
Keep your password and account credentials confidential and secure.
Be fully responsible for all activities that occur under your Account, including the actions of anyone you grant access to your Workspaces.
Notify us immediately if you suspect any unauthorized use of your Account.

2.2 Acceptable Use of the Service

You agree not to use the Service to:

Violate any laws or regulations.
Infringe on the intellectual property, privacy, or other rights of others.
Transmit viruses, malware, or other malicious code.
Attempt to reverse engineer, decompile, or discover the source code of the Service (except for the code of Custom Apps you create).
Use the Service to build a competitive product or service.
Misuse the Assistant to generate harmful, illegal, or offensive content, or to perform activities for which you do not have the proper authorization (see AI Terms).
Use the Assistant's web browsing feature to scrape websites in violation of their terms of service, bypass security measures, or otherwise access data unlawfully.
Create, run, or distribute Custom Apps that are malicious, deceptive, violate these Terms, or cause harm to Endeva or its users.
Interfere with or disrupt the integrity or performance of the Service.

2.3 Your Content and License Grant

You retain full ownership of your User Content. We don't claim any ownership rights to it.

To allow us to operate and improve the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content, but only as necessary to provide the Service to you. For example, we need this license to store your data on our servers, run your Custom Apps, create backups, and show content to you and your collaborators.

You are solely responsible for your User Content and for ensuring you have all the necessary rights to use and share it on Endeva. We have the right, but not the obligation, to remove any User Content that we believe violates these Terms.

3. AI Assistant and Generative Features

These terms apply to your use of the Assistant, which may use models from third parties like OpenAI, Anthropic, and Google. By using these features, you agree to these supplementary terms and the terms of our third-party providers.

3.1 General AI Terms

For Informational Purposes Only: Generated Content can be inaccurate, incomplete, or misleading. It is not a substitute for professional advice (e.g., legal, financial, or medical). Always verify important information independently.
Responsibility for Prompts: You are responsible for the instructions and prompts you provide to the Assistant. Do not use the AI features to generate harmful, illegal, sexually explicit, or offensive content.
Fair Usage: To ensure service quality for all users, we may apply rate limits or use different models based on usage patterns. Automated or high-volume requests are prohibited outside of designated APIs. Access to specific AI models is not guaranteed.
Ownership of Generated Content: Subject to these Terms and the terms of our third-party AI providers, we assign to you all our rights, title, and interest in and to the Generated Content. However, you are solely responsible for ensuring that your use of Generated Content does not infringe on any third-party rights.
No Liability: We are not liable for any decisions or actions you take based on Generated Content.

3.2 Web Browsing and Web Search

The Assistant can browse the web on your behalf. When you use this feature:

You are directing Endeva to act as your agent to access third-party websites.
You are solely responsible for the URLs you provide and represent that you have the legal right to access and instruct the Assistant to interact with them.
You agree not to use this feature to violate the terms of service of any website, bypass paywalls or authentication, contravene robots.txt protocols, or engage in unauthorized data scraping or crawling.
Endeva has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge that web search results may contain inaccurate, offensive, or harmful material.

3.3 Image Generation

When using the Assistant to generate images, you are responsible for the prompts and the resulting images. You must not create images that are defamatory, obscene, or infringe on the copyright, trademark, or personality rights of any person or entity.

4. Custom Applications

The Service allows you to use AI to generate and run Custom Apps. By creating or using a Custom App, you agree to the following terms.

4.1 You Are the Developer

When you generate a Custom App, you are its "creator" and "developer." You are solely and fully responsible for your Custom Apps, including their design, functionality, code, and behavior, even if parts or all of the code were generated by the Assistant.

4.2 Security and Data Risk

Custom Apps run with access to platform APIs, which may include your User Content. You are responsible for ensuring your Custom Apps are secure. A bug or vulnerability in your Custom App could lead to the exposure, modification, or deletion of your data. You agree that you are solely liable for any such data loss or breach caused by a Custom App you create.

4.3 No Warranty for Custom Apps

All Custom Apps are provided "AS IS" and "AS AVAILABLE," without any warranty of any kind. Endeva does not review, test, or endorse any Custom App and disclaims all liability for their performance, security, or any damages they may cause.

4.4 Compliance and API Usage

Your Custom Apps must comply with our "Acceptable Use of the Service" policy. You agree not to create apps that are malicious, deceptive, or intended to disrupt the Service. Your app's use of platform APIs is subject to our usage limits and monitoring.

5. License and Service Availability

5.1 License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your internal business or personal purposes.

5.2 Service Modifications and Disruptions

We are constantly improving the Service and may add, change, or remove features at any time, with or without notice. We strive to provide a reliable service, but we cannot guarantee it will be available 24/7. The Service may be disrupted for maintenance, upgrades, or unforeseen emergencies.

5.3 Data Backup

We work to protect the integrity of your data, but you are responsible for maintaining your own backups of your User Content. Endeva is not liable for any loss of data, including loss caused by a Custom App.

6. Fees, Payments, and Subscriptions

6.1 Subscriptions and Fees

Our premium features are available through paid subscriptions, which are applied at the Workspace level. When a Workspace is upgraded, all users in that Workspace get access to the premium features. All fees are non-cancelable and non-refundable, except as required by law.

We may change our fees and subscription plans from time to time. We will provide you with reasonable prior notice of any price changes. If you do not agree to the changes, you may cancel your subscription before the new price takes effect.

6.2 Billing and Payment

We use a third-party payment processor to handle payments. By providing a payment method, you authorize us (or our processor) to charge you for your subscription on a recurring basis. You must keep your payment information accurate and up-to-date.

6.3 Taxes

All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes associated with your purchases.

7. Disclaimers, Liability, and Indemnity

7.1 Warranty Disclaimer

THE SERVICE, INCLUDING ALL AI FEATURES, GENERATED CONTENT, AND CUSTOM APPLICATIONS, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

7.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENDEVA, ITS AFFILIATES, OR THEIR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL) ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DAMAGES RESULTING FROM YOUR USE OF THE ASSISTANT, GENERATED CONTENT, OR ANY CUSTOM APPLICATIONS.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

7.3 Indemnity

You agree to defend, indemnify, and hold harmless Endeva and its affiliates from and against any claims, liabilities, damages, and costs (including reasonable attorneys' fees) arising from your User Content (including any Custom Applications you create or use), your use of the Service, or your violation of these Terms or the rights of any third party.

7.4 Feedback

We welcome your feedback and suggestions! If you submit feedback, you grant us a worldwide, perpetual, royalty-free, and irrevocable license to use, modify, and incorporate it into our products and services for any purpose, without any compensation or attribution to you.

8. Termination

8.1 Termination by You

You are free to stop using the Service at any time. You can cancel your subscription through your account settings, and the cancellation will take effect at the end of your current billing period. You can request account deletion by contacting us at support@endeva.app.

8.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service at our discretion, without notice, if we believe you have violated these Terms, or if your use of the Service (including via a Custom App) poses a security risk or may harm us or other users.

8.3 Effect of Termination

Upon termination, your license to use the Service will end, and your access to all User Content and Custom Apps through the Service will cease. We will make reasonable efforts to delete your data, though some data may remain in our backups for a limited time. The sections on "Your Content," "Disclaimers," "Limitation of Liability," "Indemnity," "Dispute Resolution," and "General Provisions" will survive termination.

9. Dispute Resolution and Governing Law

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

9.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.

9.2 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@endeva.app. We'll try to resolve it with you. If a dispute isn't resolved within 30 days of submission, you or Endeva may bring a formal proceeding.

9.3 Binding Arbitration

Except for the exceptions below, all disputes will be resolved by binding, individual arbitration under the rules of the American Arbitration Association ("AAA"). The arbitration will be held in Delaware, or any other location we agree to.

This means you waive your right to a jury trial and to participate in a class-action lawsuit. All disputes will be handled on an individual basis.

9.4 Arbitration Opt-Out

You can opt out of this arbitration agreement. To do so, you must send a written notice to our contact address (listed at the end) within 30 days of first agreeing to these Terms. Your notice must include your full name, address, and a clear statement that you want to opt out of arbitration.

9.5 Exceptions to Arbitration

Either party may still bring a lawsuit in court for claims related to intellectual property infringement (like trademark or copyright violations) or to seek an injunction for unauthorized use of the Service.

10. General Provisions

10.1 Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by email or through the Service. Your continued use of the Service after the changes become effective constitutes your agreement to the new Terms.

10.2 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Endeva and supersede all prior agreements.

10.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

10.4 Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

10.5 Force Majeure

We are not liable for any failure or delay to perform our obligations where the failure or delay results from any cause beyond our reasonable control, such as acts of God, natural disasters, or government actions.

For any questions or concerns regarding these Terms, please contact us at:

Endeva Corporation 1111B S Governors Ave, #3257 Dover, Delaware 19904 Email: support@endeva.app