Terms of Service
These Terms of Service ("Terms") govern your organization's access to and use of the ENDEVR platform, including the RrAD Engine and Map Tool (collectively, the "Service"), provided by ENDEVR, LLC ("ENDEVR", "we", "us", "our"). By checking the acceptance box, creating an account, or using the Service, the organization ("Customer", "you") and its authorized users ("Authorized Users") agree to these Terms. If you accept these Terms on behalf of an organization, you represent that you are authorized to bind that organization.
1. Accounts & Access
Access is provided on a per-seat subscription basis to your organization. Each seat is licensed to a single named individual and may not be shared or used concurrently by multiple people. Each organization designates one or more administrators, who manage the organization's account, including billing, users and seats. You are responsible for all activity under your organization's account, for the acts and omissions of your Authorized Users, and for keeping your login credentials secure. You agree to notify us promptly of any unauthorized access. Access is granted through third-party identity providers, either Microsoft or Google, via single sign-on, and your use of those providers is subject to their terms.
2. Acceptable Use
You agree not to: (a) reverse engineer, decompile, or attempt to derive the source code of the Service; (b) resell, sublicense, or provide access to the Service to third parties outside your organization; (c) access the Service through unauthorized means or share seats beyond your licensed count; (d) upload malicious code or data you lack the rights to use; (e) use the Service to violate any law or regulation; (f) interfere with or place undue load on the Service's infrastructure; (g) use automated means to scrape, crawl, or bulk-extract data or content from the Service; (h) probe, scan, or test the vulnerability or security of the Service without our prior written consent; or (i) use the Service or data and content generated using our Service ("Outputs") to develop or train a product or service that competes with the Service. We may suspend or terminate access for violations of this section.
3. Fees & Billing
Paid plans are billed per seat on a recurring basis through our third-party payment processor (Stripe). Subscriptions renew automatically at the then-current rate until canceled. We may change fees; changes take effect at your next renewal term, and we will provide at least thirty (30) days' advance notice. Seat and plan changes made by you during the billing period are prorated. Added seats or upgrades are charged for the remainder of the billing period; removed seats or downgrades are credited to your account and applied to future invoices. If no future invoice remains, for example, in your final billing period, any remaining credit is refunded to your original payment method. Except as described above and where required by law, fees are non-refundable. If a payment fails or is overdue, we may suspend or restrict access after providing notice and a reasonable opportunity to cure. You are responsible for providing accurate billing information and for any applicable taxes.
4. Term, Cancellation & Data Access
You may cancel at any time. Cancellation stops future renewals and takes effect at the end of the current billing period; you retain full access until then. When a subscription ends (trial expiry, cancellation, or non-payment) your account enters read-only access: you may sign in and use the My Projects page to view and download your existing files, but other services are disabled. Read-only access is available for 90 days after the subscription ends. After that period, we will delete your stored data and render it unrecoverable within one hundred eighty (180) days, or earlier upon your written request, except for copies we are required to retain to comply with law, which remain subject to the confidentiality terms of Section 5. You are responsible for exporting any data you wish to retain before that period ends. Data from a trial account is subject to the same read-only and deletion terms above.
5. Your Data & Ownership
As between the parties, you retain all ownership of the data and content you upload or generate using our Service ("Customer Data"). You grant ENDEVR a limited, non-exclusive license to host, process, and display Customer Data solely to provide and maintain the Service. You represent that you have the rights necessary to upload Customer Data and to grant this license. We treat Customer Data as confidential and do not use it for any purpose other than providing the Service to you, except as required by law. We may use de-identified data derived from use of the Service to operate, analyze, and improve the Service, provided that such data does not identify Customer, any Authorized User, or any individual and cannot reasonably be used to reconstruct Customer Data.
6. Data Backups
Customer Data is stored on secure, enterprise-grade cloud infrastructure (Amazon Web Services) designed for high durability, and we retain recent file versions to help recover from accidental changes where possible. You remain responsible for maintaining your own backup copies. We do not guarantee recovery of Customer Data that is deleted, overwritten, lost, or corrupted, and are not liable for such loss.
7. ENDEVR Intellectual Property
The Service and all related software and intellectual property is and remains the exclusive property of ENDEVR. These Terms grant no rights to the Service except the limited right to use it as described. Third-party services described below are the property of their respective sources.
8. Feedback
If you provide suggestions, feature requests, or feedback, you grant ENDEVR a perpetual, royalty-free license to use them to improve the Service without obligation to you.
9. Not Professional or Regulatory Advice
The Service is designed to assist qualified professionals; it is not a substitute for professional judgment. The Outputs are provided to assist you and do not constitute professional, engineering, scientific, legal, or regulatory advice, and do not represent any regulatory determination, approval, or endorsement by any agency. Your use of the Service does not create any professional or advisory relationship, and ENDEVR does not act as your engineer, geologist, scientist, consultant, or professional of record.
The Outputs shall not be relied upon for any purpose without independent user review and quality assurance/quality control (QA/QC). You are solely responsible for ensuring the accuracy of Customer Data; reviewing, verifying, performing QA/QC on, and where necessary correcting all Outputs; and confirming that the Outputs meet your project-specific requirements and all applicable professional and regulatory standards, before using them for any decision, analysis, regulatory submission, or report. Any reliance on the Service or the Outputs is at your own risk, and you assume all responsibility for decisions made and actions taken based on them.
10. Third-Party Services
The Service integrates third-party services to function, including cloud hosting and storage (Amazon Web Services), authentication (Auth0 with Microsoft or Google identity providers), payment processing (Stripe), map tiles and geocoding (e.g., Mapbox, Esri/ArcGIS, OpenStreetMap), and product analytics (PostHog). Your use of the Service involves transmission of data to and from these providers, and their availability and terms are outside our control. We do not warrant the accuracy, currency, or completeness of third-party basemap, overlay, imagery, or geocoding data, and we may add, remove, or change providers. We are not responsible for third-party services or for interruptions they cause.
11. Modifications to the Service
We may update, improve, or modify the Service over time. We will not materially reduce the core functionality of the Service during your then-current subscription term.
12. Support
We offer support to help you use the Service and aim to respond promptly. We do not guarantee specific response or resolution times unless set out in a separate written service-level agreement.
13. Warranties & Disclaimers
The Service and all Outputs are provided "as is" and "as available" without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. ENDEVR does not warrant that the Service will be uninterrupted or error-free, or that the Service or Outputs will be accurate, current, complete, or applicable to your site, or that the Service will meet your requirements or comply with any regulatory standard.
14. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, lost revenue, or lost or corrupted data, arising out of or relating to these Terms, the Service, or the Outputs, whether based in contract, tort, or any other theory, and even if a party has been advised of the possibility of such damages.
To the maximum extent permitted by law, ENDEVR's total aggregate liability arising out of or relating to these Terms, the Service, or the Outputs will not exceed the total fees you paid to ENDEVR in the twelve (12) months preceding the event giving rise to the claim. These limitations apply even if a remedy fails of its essential purpose.
The exclusions and limitations above do not apply to your payment obligations, your obligations under the Indemnification section, or to any liability that cannot be excluded or limited under applicable law.
15. Indemnification
You will defend and indemnify ENDEVR against third-party claims arising from your Customer Data, your breach of these Terms, or your violation of applicable law. We will provide you prompt written notice of any such claim and reasonable cooperation, and you may control the defense and settlement, except that you may not settle any claim that imposes obligations or admissions on ENDEVR without our prior written consent.
16. Suspension & Termination
We may suspend or terminate access for material breach of these Terms, non-payment, or where required to protect the Service or comply with law. If we terminate these Terms or discontinue the Service for reasons other than your breach, we will refund any prepaid fees for the unused portion of your subscription term. If we terminate for your material breach, we may limit or deny the read-only access described in Section 4 where reasonably necessary to protect the Service or comply with law. Sections that by their nature should survive termination (including ownership, confidentiality obligations regarding Customer Data, feedback, accrued payment obligations, disclaimers, limitation of liability, indemnification, and governing law) will survive.
17. Changes to These Terms
We may update these Terms from time to time, and will always post the most current version on our website. For material changes, for example, changes to fees, how we use your data, or your legal rights and obligations, we will provide at least 30 days' advance notice by email or in-product notice, and may require your organization's administrator to accept the updated Terms before continued use. If you do not agree to the updated Terms, you may cancel before they take effect. Changes apply going forward only, and continued use of the Service after the effective date constitutes acceptance.
18. Governing Law
These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. The exclusive venue for disputes is the state and federal courts located in King County, Washington.
19. General
Force Majeure. Neither party is liable for any delay or failure to perform due to causes beyond its reasonable control, including natural disasters, outages, acts of government, or third-party service failures. This does not excuse payment obligations.
Assignment. You may not assign these Terms without our prior written consent, except to a successor in a merger or sale of substantially all assets. We may assign these Terms to an affiliate or successor. These Terms bind permitted assigns.
Severability. If any provision is found unenforceable, the remaining provisions stay in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
No Waiver. Our failure to enforce any provision is not a waiver of it.
No Third-Party Beneficiaries. These Terms do not confer any rights or remedies on any person or entity other than the parties and their permitted assigns.
Publicity. Neither party may use the other party's name, logo, or trademarks in public communications without the other party's prior written consent.
Privacy. Our Privacy Policy describes how we collect and use personal information. It is a disclosure statement, not part of these Terms, and we may update it as described in the Policy.
Entire Agreement. These Terms are the entire agreement between the parties regarding the Service and supersede all prior agreements on that subject.
Notices. We may provide notices to you by email or in-product notification. You may provide legal notices to us by email to contact@endevrsolutions.com. A notice is deemed given on the business day it is received.
20. Contact
Questions about these Terms: contact@endevrsolutions.com.