1. Acceptance of Terms.
1.1 Penny AI Technologies, Inc. (“Company”, “we” or “us”) provides its Service (as defined below) to you through its web site located at Endlss.io (the “Site”) and through its mobile applications and related technologies, subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site as a Brand (defined below) (“Brand”, “you” or “your”), you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a an individual, company, business or other legal entity, you represent and warrant that you have the authority and all rights necessary (i) to bind such individual or entity and its affiliates to this TOS and (ii) to grant the rights set forth herein with respect to such individual or entity, in which case the terms “you” or “your” shall refer to such individual or entity and its affiliates. If you are entering into this TOS on behalf of an individual, company, business or other legal entity, you shall, upon Company’s request, provide to Company any documentation that Company requests to verify that you have the authority and all rights necessary to represent such individual or entity and to grant the rights as set forth in this TOS. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service. All individuals and entities who use the Service, including but not limited to Sellers (defined below) and Customers (defined below), are referred to as “Users”.
1.2 For the purposes of these TOS:
1.2.1 “Brand” refers to (i) any entity or individual that produces, stocks, designs, manufactures, distributes, and/or sells physical products to the Customers (defined below), (ii) is responsible to the Customer for the sale of the physical products associated with a Shareable Link (defined below), namely with respect to quality, quantity, and delivery, or other specifications relating to the purchase and delivery of the physical products, (iii) provides designated Sellers with a Shareable Link through the Services allowing them to market and promote their products to prospective Customers, (iv) is the direct seller of the physical products purchased by the Customer, and (v) is the seller or merchant of record with the responsibilities related thereto as set out in this TOS.
1.2.2 “Chat Feature” refers to any and all features and functionalities made available through the Services allowing Brands and Sellers communicate with one another.
1.2.3 “Customers” refers to any entity or individual (i) that clicks on a valid Shareable Link and is directed to the Brand’s websites or digital platforms, and/or (ii) purchases the Brand’s products after having clicked on a valid Shareable Link provided by Sellers as specified by the Company through the Services, and (ii) makes purchases directly from the Brand.
1.2.4. “Shareable Link” refers to a unique link issued by the Brand to a designated Seller through the Services allowing the Seller to market and promote the Brand’s products by means of a unique and shareable link through different channels, such as on social media sites, blogs, websites, and other means. The unique shareable link is associated with a specific Brand and products authorized by the Brand to be promoted through the said link. The Brand may also provide Customers originating from the unique shareable link with pre-determined discounts on designated products when making a purchase. The unique shareable link also allows for the Seller Commission (defined below) to be determined for every sale recorded by the Brand to Customers originating from the unique shareable link as per the terms accepted by the Seller upon the issuance of its unique shareable link.
1.2.5 “Seller” refers to any entity or individual, including their representatives and/or representing agencies marketing and promoting the Brand’s products and referring prospective Customers to the Brand’s websites or digital properties through Shareable Links. The Seller does not directly or indirectly produce, stock, design, manufacture, distribute, sell and/or independently deliver any of the Brand’s physical products.
1.2.6“Third-Party Services” refers to any service made available by the Company through the Services, such as links to, integrations with, or access to features, functionalities, sites, technology, content, databases, search capabilities or any other resources that are provided or otherwise made available by third parties.
1.2.7 “User Communications” refers to any and all communications between Brands, Sellers, and any other User using the Chat Feature offered by the Company through the Services.
1.2.8 “User Content” refers to the User Materials, User Trademarks, User Communications and any other content, material, or communication you provide, transmit, or communicate through the Services.
1.2.9 “User Materials” refers to any and all photos, images, videos, graphics, written content, audio files, code, data, information, feedback, suggestions, text, and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to your use of the Services.
1.2.10 “User Trademarks” refers to any name, trademark, service mark and/or logo associated with your use of the Service.
1.3 The Company may amend this TOS from time to time by providing you with a prior written notice (“Update Notice”) either by emailing the email address associated with your Account (defined below), by posting a notice on the Site or notifying you through the Services (defined below). You can review the most current version of this TOS at any time at https://getendlss.com/brand-tos. The amended TOS will take effect as of the effective date specified by the Company in its Update Notice to you. Your continued use of the Services after the effective date of the amendment to this TOS shall constitute your acceptance of the amended TOS. In the event the Company does not specify an effective date for the amendments to this TOS in its Update Notice to you, the amendments shall take effect fourteen (14) days after the date the Update Notice was issued by the Company. If any change or amendment to this TOS is not acceptable to you, your only remedy is to stop using the Services and/or send a cancellation email to support@endlss.io.
1.4 As part of the registration process for the Services, you will identify an administrative username and password for your account (“Account”). If you are an individual, you are not authorized to use the Service if you are under 18 years old.
2. Description of Service.
2.1 The “Services” includes (a) the Site, (b) Company’s platform, Shareable Links, and related technologies, including your Account on the Company’s platform and your unique dashboard, (c) any and all subscription services provided by the Company giving Brands, Sellers, or others access to its platform and related technologies, (d) the Chat Feature, and (e) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing. Any new features or functionality added to or augmenting the Service are also subject to this TOS. The Company reserves the right to add, remove, or modify the Services from time to time in its sole discretion.
2.2 You acknowledge that the Company may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Company’s or its third-party service providers’ servers on your behalf. You agree that the Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that the Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2.3 To be eligible to sign up, register, or use the Services, you must be a legal entity or tax resident lawfully registered in the United States or Canada. You hereby represent and warrant that you are acting on behalf of a legal entity or tax resident lawfully registered in the United States or Canada, the legal entity or tax resident is in good standing, and you have the authority to act on behalf of the legal entity or tax resident and bind the same under this TOS.
3. General Conditions / Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS:
3.1.1 You may access and use the Service only for lawful purposes and for the sole purposes set out herein. All rights, title and interest in and to the Service and its components (including all Usage Data, as defined below) will remain with and belong exclusively to the Company.
3.1.2 You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt, interfere with, or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks, (d) use manual or automated software, devices, scripts, redirects, robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Service, (e) use the Service for any purpose not expressly permitted by this TOS, (f) copy, store or otherwise access any information contained on the Site or Services for purposes not expressly permitted by this TOS, (g) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, (h) systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise, (i) attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures, (j) advocate, encourage, or assist any third party in doing any of the foregoing, (k) access, tamper with, or use non-public areas of the Site or Services in any way whatsoever, or (l) use the Services in any way that may violate the rights of any third party, including statutory rights, contractual rights, intellectual property rights, proprietary rights, or any other third party rights.
3.1.3 You shall comply with any codes of conduct, policies or other notices Company provides you or publishes in connection with the Service, and you shall promptly notify Company if you learn of a security breach related to the Service.
3.1.4 You are solely responsible for the User Content and the products and services you sell through the Services (including description and price).
3.1.5 You shall not upload, transmit, disclose or otherwise make available to the Company through the Services any User Content that (a) violates the terms of these TOS, (b) interferes with or disrupts the Service, (c) constitutes protected health information subject to applicable health-related laws or regulation, rule or standards, or constitutes protected sensitive personal information under any applicable law, rule or regulation, (d) is harmful, deceptive, or obscene, (e) may be harmful or inappropriate for minors in any way, (f) violates any applicable law, rule or regulation, including those regarding the export of technical data, (g) infringes any third party intellectual property rights, (h) promotes unauthorized or illegal activities, (i) does not comply with all applicable third party terms, guidelines, or rules, including social media websites, used in connection with your User Content, (j) is not your original work, (k) depicts or references any person without such person’s written consent, (l) depicts minors unless you have the written consent from the minor’s legal guardian, (m) incites, advocates or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, or include other offensive content, (n) promotes the illegal consumption of alcoholic beverages or drug use, (o) contains any personally identifiable information (such as personal names, e-mail addresses, street addresses, or license plate numbers) of any person other than you, unless you have received written authorization from that person, (p) provides or creates links to external sites that violate these TOS, or (q) includes material that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary licenses, authorization and/or consents to upload, transmit, disclose, or make the same available to the Company.
3.1.6 You acknowledge and agree that the Company (a) is not involved in the creation or development of User Content and does not control any User Content, (b) is not responsible or liable for any User Content, including the accuracy, or results obtained by the use, thereof or reliance thereon, (c) reserves the right, but has no obligation, to review or delete any User Content, investigate any complaint or claim related to the User Content, or (d) take appropriate action if the Company reasonably believes that such User Content will create liability for the Company, where such actions may include removing or modifying User Content, exercising any indemnity and termination rights contained herein, and reporting such User Content to law enforcement authorities. Without limiting the foregoing, the Company shall not be liable to you or any third party for any damages, losses, or liabilities resulting from the use of any User Content, including but not limited to disputes arising between users or between you and any third party. You will take full responsibility for ensuring that your User Content is properly backed up before transmitting or disclosing the same to the Company via the Services. Through the use of the Services, the Company does not guarantee the storage or continued availability of your User Content.
3.1.7 The Company allows you to use the Chat Feature to communicate with the Sellers or any other Users you have authorized through the Services. You are solely responsible for your User Communications and expressly release the Company from any and all liability in your use of the Chat Feature and waive any claims you may have related to the use of the Chat Feature. Your User Communications shall not constitute unsolicited or unauthorized commercial electronic messages, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited messages, whether commercial or otherwise. Furthermore, you acknowledge and agree that you shall use the Chat Feature in a respectful and lawful manner. Prohibited communications through the Chat Feature and/or the Services include, but are not limited to, the use of offensive, vulgar, or obscene language; hate speech or discriminatory remarks targeting race, ethnicity, national origin, religion, disability, gender, sexual orientation, or age; harassment, threats, or abusive behavior; content that violates applicable laws or regulations; spam, unsolicited advertisements, or links containing viruses or harmful material; inappropriate or explicit images; and any attempt to impersonate another individual or entity. You recognize that your User Communication may form a legally binding contract or obligation that you must comply with, and your use of the Chat Feature is at your entire risk.
3.1.8 You recognize and agree that the Company may (i) monitor, without having any obligation to do so, your User Content, (ii) wholly or partially suspend or disable the access to your Services at any time in its sole discretion, (iii) moderate or enable its service providers to moderate your User Content, (iv) wholly or partially suspend or block the Services with any or all Sellers you may have authorized on the Services, (v) delete or remove, without notice, any User Content that violates the TOS or are considered by the Company, in its sole discretion, as inappropriate, subject to a complaint, or a legal claim, or (vi) take any other actions as may be necessary to protect the Services, other Brands and Sellers, and to comply with the applicable laws. This includes but is not limited to suspending or deleting your account. If the Company removes User Content, it may notify you, but it has no obligation to do so. You acknowledge that the Company is not liable for any failure to store, maintain, or remove any User Content. You release the Company from, and shall hold the Company harmless from, and against, any and all claims or liabilities, based upon or relating to the User Content. The Company may disclose User Content to law enforcement or other authorities if required to do so by law or if it reasonably believes that such disclosure is necessary to protect the rights, property, or safety of the Company, its users, or the public.
3.2 Rights and Restrictions.
3.2.1 You retain all rights, title, and interest in and to the User Content you upload to the Services. By uploading User Content, you represent and warrant that you have all necessary rights, consents, and permissions to grant the licenses and make the representations set forth in these TOS. By uploading User Content, you grant Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, perform, adapt, modify, translate, and create derivative works of your User Content provided by you in connection with the Service for the purposes of providing, promoting, and improving the Services, or for any other purposes determined by the Company. We may use our rights under this license to operate, improve, provide, and promote the Service and to perform our obligations and exercise our rights under this TOS. The Company does not endorse or guarantee the accuracy, integrity, or quality of any User Content you upload to the Services.
3.2.2 You represent, warrant, and confirm that (i) you have all necessary rights in your User Content to grant this license (ii) the User Content you will not violate third-party rights of any kind, including, without limitation, any intellectual property rights, contractual rights, rights of publicity, privacy rights, or any other rights, and (iii) the User Content will be true, accurate, and complete, and will not violate any applicable laws, or regulations. You irrevocably waive any and all moral rights you may have in the User Content in favor of Company and agree that this waiver may be invoked by anyone who obtains rights in the materials through Company, including anyone to whom Company may transfer or grant (including by way of license or sublicense) any rights in the User Content.
3.2.3 You also grant Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the User Content to operate, provide and promote the Service and to perform our obligations and exercise our rights under this TOS. This license will survive any termination of this TOS solely to the extent that the Company requires the license to exercise any rights or perform any obligations that arose during the term of this TOS. Furthermore, you hereby waive any “moral rights” associated with your User Content (to the extent allowable by applicable law).
3.2.4 You also hereby grant Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license, during and after the term of this TOS, to derive statistical, usage and other data on an aggregated and/or anonymized basis (“Usage Data”).
3.3 Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
3.4 Third Party Services.
3.4.1 The Service may provide links to, give access to, integrate with, allow the use of, or otherwise require you to use Third-Party Services. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services may provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy.
3.4.2 Company has no control over and is not responsible for such Third-Party Services, including (i) for the accuracy, availability, reliability, or completeness of information made available, shared or provided to you through the Services, as provided to the Company by the Third-Party Services, or (ii) data collection, use, processing, and retention practices along with the privacy practices of such Third-Party Services. You, and not Company, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Company enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services in the Services does not imply an endorsement, recommendation, fitness, or suitability of such Third-Party Services. Any dealings you have with third parties while using the Service are between you and the third party. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
3.4.3 Your use of Third-Party Services is solely at your own risk and subject to the terms and conditions of the applicable Third-Party Service provider. It is your responsibility to review the applicable Third-Party Service provider terms and policies and to take any necessary precautions as you deem appropriate. Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services. To the maximum extent permitted by law, the Company disclaims all liability for any loss, damage, or harm arising from or related to your use of or reliance on any Third-Party Services, including but not limited to errors, omissions, interruptions, or other issues caused by such services.
3.5 Brand Payments. You are required to connect your Account to a valid payment method supported by the Services. The Company uses the services of the third-party payment processor to process any fees or charges applicable to the Services or under these TOS. You hereby authorize the Company to charge your Account any fees or charges in accordance with the terms of your Services and these TOS. The Company reserves the right to change its providers of Third-Party Services, including third-party payment processor, at any time.
3.6 You are responsible for maintaining the confidentiality of your login, password and Account and for all activities that occur under your login or Account. You agree that Company has the right to access your Account in order to respond to your requests for technical support, and to share your Account credentials and passwords with its third-party service providers for the purpose of providing the Services. Company has the right, but not the obligation, to monitor the Service, Content, or the User Content. You further agree that Company may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.7 You understand that the operation of the Service, including User Content, may be unencrypted and involve: (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) transmission to Company’s third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of the User Content. Company will have no liability to you for any unauthorized access or use of any of the User Content, or any corruption, deletion, destruction or loss of any of the User Content.
3.8 You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Service and complies with all configurations and specifications set forth in Company’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account or the Equipment with or without your knowledge or consent.
3.9 The failure of Company to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Company, even though it is electronic and is not physically signed by you and Company, and it governs your use of the Service.
3.10 Company reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on Company’s website and in other communication with existing or potential Company customers. To decline Company this right you need to email marketing@endlss.io stating that you do not wish to be used as a reference.
3.11 Subject to the terms hereof, Company may (but has no obligation to) provide technical support services through email, or other means in accordance with our standard practice.
3.12 You agree to cooperate with and provide reasonable assistance to the Company in promoting and advertising the Service.
4. Sales, Sellers, and Customers.
4.1 You acknowledge and agree that (i) you are responsible for the sale of any products sold directly to Customers originating from the Shareable Link and any transaction is directly between you and the Customer, and (ii) any arrangement or agreement between you and a Seller made in relation to the Shareable Link, including the establishment of the Seller’s commission for referring Customers to you via the Shareable Links (each such arrangement or agreement, an (“Arrangement”), is directly between you and such Seller. You are the seller of record for all items you sell to the Customers. You are responsible for the User Content, the goods and services that you may sell to the Customers, your relationships and Arrangements with Sellers, and all aspects of the transactions between you and Users, including Customers and Sellers. This includes, but is not limited to, communicating with Customers regarding their orders, authorizing debits or credits to the Customer in respect of the Customer’s purchase, refunds, or returns, respectively, fulfilling any sales, processing permitted returns, shipping and handling, customer service, fraudulent transactions, chargebacks, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), determining the Seller Commission pursuant to your Arrangement with any Seller, and your breach of this TOS. You represent and warrant that the User Content and the goods and services you allow Sellers to promote using Shareable Links will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, the Company is not, and will not be, the seller or merchant of record and will have no responsibility for items you sell to Customers.
4.2 You are solely responsible for the goods or services that you offer for sale and associated with Shareable Links you issue to Sellers through the Services. This responsibility includes item description, price, associated fees, calculation of sales taxes, handling of defects, required legal disclosures, adherence to regulatory compliance, offers or promotional content, and compliance with any applicable laws and regulations. By using the Services, you represent and warrant that you will be solely responsible for the management of your inventory, the adequate fulfillment of Customer orders, and all communication with the Customer. More specifically, You agree to (i) consistently maintain adequate levels of inventory to fulfill both existing and foreseeable orders, ensuring there are no unnecessary delays in delivery to the Customer; (ii) engage in proactive communication and collaboration with any third-party vendors, suppliers, or partners to promptly address and resolve any issues that could significantly impede the timely fulfillment of orders, (iii) take full responsibility for the accuracy, legality, and quality of the products sold, including but not limited to their description, pricing, and condition; (iv) ensure that all customer inquiries, complaints, and feedback are addressed in a timely and professional manner, maintaining high standards of customer service and satisfaction; and (v) comply with all applicable laws, regulations, and guidelines related to the sale of goods, including those pertaining to consumer rights, product safety, and electronic commerce. You hereby agree to indemnify and hold the Company harmless from any liability, including penalties, fines, or interest, arising from your failure to comply with the obligations in this provision.
4.3 You are solely responsible for accurately calculating, remitting and filing all applicable sales and other taxes relating to the sale of your products.
4.4 You bear the exclusive responsibility for ensuring full regulatory and tax compliance for all goods sold to Customers originating from the Shareable Links.
4.5 You may not use the Service for any illegal or unauthorized purposes nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your Customers’ jurisdiction, or the laws of the United States and the State of Delaware. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to sell your goods or that may be held by you), your promotion, marketing and sale of your goods and services, and your performance of obligations under this TOS.
5. No Endorsement.
You understand and agree that Company is not involved in the interactions between Users and does not refer or endorse or recommend particular Users (including any products and services sold to Customers via the Shareable Links). You also understand and acknowledge that Company does not edit, modify, filter, screen, monitor, endorse or guarantee User Content or the content of communications between Users. You are responsible for investigating and verifying to the extent you deem necessary the identity and credentials of other Users contacted via the Service. For the avoidance of doubt, under no circumstances will Company be the seller or merchant of record in connection with the Service, and Company will have no responsibility for items marketed or sold through the Service.
6. Disputes.
6.1 You agree that you are solely responsible for your interactions with any other Users (including Sellers and Customers) in connection with the Service, and Company will have no liability or responsibility with respect thereto. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User(s) or other third party(ies) who caused you harm, and you agree not to attempt to impose liability on, or seek any legal remedy from, Company with respect to such actions or omissions. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User.
6.2 Authorization to Charge Payment Methods on Account. You authorize the Company to charge your Account any amounts you owe relating to the Services and under these TOS, including any Subscription Fees, Services Fees, Seller Commission, or any charges, costs, or fees associated to your Account or related to the Services; any other amount you owe us; any Losses we may incur relating to your use of the Services, or your business; any obligations you owe us, including under this TOS or any other agreement we have with you; or to fund the Reserve (as defined below). To execute such charges, you expressly authorize us to (a) initiate individual or recurring debit entries to any bank account we have on file for you (e.g., ACH debits) and/or (b) charge any credit or debit card account we have on file for you, including any other payment available payment methods set up in your Account. If any debit entry or charge is rejected, you agree to immediately pay the amount due directly to us and authorize us to initiate other debit entries and charges at any time and from time to time in any amount up to the amount due until the amount due is paid in full. We are not responsible for any amount you may incur from our charges, including overdraft and overlimit fees. Payment methods we have on file for you include payment methods you identify to us and payment methods we identify on our own. For purposes of this and the next section, “Losses' ' include charges, refunds, returns, shortfalls, adjustments, settlements, losses, liabilities, damages, fines, penalties, fees, costs and expenses.
7. Subscription Services
7.1 Subscription Services. Subject to the present TOS and the terms of any applicable subscription plan as may be provided by the Company from time to time, the Brand is hereby granted a non-exclusive, non-transferable, limited, and revocable right to use and access the Services during the Subscription Period (defined below) for which it has an active and paid subscription (“Subscription Services”).
7.2 Subscription Period. The Brand shall have the right to use and access the Services for the entire duration of the term provided by the applicable subscription plan purchased (“Subscription Period”), representing either a month-to-month subscription (“Monthly Subscription”) or a yearly subscription (“Yearly Subscription”). Both Monthly Subscriptions and Yearly Subscriptions will automatically renew at the end of the Subscription Period until canceled by the Brand in accordance with the present TOS.
7.3 Subscription Period Modification. Subject to the present TOS, Brands having a Monthly Subscription may switch to a Yearly Subscription at any time. Similarly, Brands having a Yearly Subscription may switch to a Monthly Subscription at any time. In the event a Brand switches from a Yearly Subscription to a Monthly Subscription, the Company shall provide the Brand a credit for an amount equal to the difference between any unused portion of the amount paid by the Subscriber for its then-current Yearly Subscription and the amount required to be paid for the Monthly Subscription (“Subscription Period Credit”). The Company shall apply the Subscription Period Credit to the Brand’s future Subscription Fees. For greater certainty, the Subscription Period Credit is non-reimbursable and non-refundable and can only be applied to future Subscription Fees.
7.4 Subscription Fees. The Brand will be charged on a monthly or annual basis, and in advance, depending on the Subscription Service selected (“Subscription Fees”). For Monthly Subscriptions, the Brand will be charged every month on the same calendar day when the Brand initially subscribed to the Services. For example, a Brand subscribing to the Services on the 10th calendar day of a month will be charged on every 10th calendar day of the subsequent months. For Yearly Subscriptions, the Brand will be charged on each subsequent anniversary from the day the Brand initially subscribed to the Services. For example, a Brand subscribing to the Services on April 15th of the current year will be charged on April 15 of each subsequent calendar year. The Subscription Fees are non-refundable.
7.5 Subscription Pricing. The Company reserves the right to modify the Subscription Fees, Subscription Service terms and conditions, or make any changes to the subscription plans offered, in its sole discretion. Any changes to the Subscription Fees or Subscription Service terms shall take effect either at the start of the Brand’s subsequent Subscription Period or within thirty (30) days, whichever comes first.
7.6 Subscription Service Upgrades. The Brand may upgrade its Subscription Service at any time to a higher-tier subscription service if it is offered by the Company (“Upgraded Subscription Services''). In such an event, the Brand will have the right to use and access the Upgraded Subscription Services as of the day the Upgraded Subscription Services are purchased by the Brand. The Subscription Fees for the Upgraded Subscription Service will be prorated from the start date of the Upgraded Subscription Service to the end of the Brand’s then-current Subscription Period. Then, as of the commencement of the renewed Subscription Period, the Brand will be charged the Subscription Fees applicable to the Upgraded Subscription Service. In the event the Brand switches from a Monthly Subscription to a Yearly Subscription, the Subscription Fees paid by the Brand for the Monthly Subscription for any unused portion of the Services will be credited toward the Brand’s newly purchased Yearly Subscription.
7.7 Subscription Service Downgrades. The Brand may downgrade its Subscription Services at any time to a lower-tier subscription service if it is offered by the Company (“Downgraded Subscription Services”). In such an event, the Company shall provide the Brand a credit for an amount equal to the difference between any unused portion of the amount paid by the Subscriber for its then-current Subscription Services and the amount required to be paid for the Downgraded Subscription Services (“Subscription Downgrade Credit”). The Company shall apply the Subscription Downgrade Credit to the Brand’s future Subscription Fees. For greater certainty, the Subscription Downgrade Credit is non-reimbursable and non-refundable and can only be applied to future Subscription Fees. Furthermore, in the event the Brand has more approved and active Sellers (“Active Sellers”) than what is authorized under the Downgraded Subscription Services, the Brand will be entitled to maintain the Active Sellers as part of the Downgraded Subscription Services but will no longer have the ability to invite and approve additional Sellers.
7.8 Subscription Service Termination. The Brand may cancel the Subscription Services at any time by submitting a cancellation request through the Services. In such an event, the termination will take effect as of the end of the then-current Subscription Period. Until the expiration of the Subscription Period, the Brand will continue to have the right to use and access the Subscription Services. For greater certainty, the Brand will not be entitled to any credits or refunds for any unused portions of the Subscription Services.
7.9 Suspension of Services. The Company may suspend Subscription Services at any time in the event (i) the Brand has failed to pay for the Subscription Services or its account is overdue, (ii) the Brand violates the present TOS, Company policies and procedures, or Acceptable Use Policy, (iii) the Brand or Sellers use the Services in violation of the present TOS or expose the Company to liability or risk, in the Company’s sole discretion, (iv) violate the applicable law, or (v) the Company has reasonable grounds to believe that the Brand will violate the terms herein or detect unauthorized use of the Services. During any suspension period, the Brand shall remain responsible to pay the Subscription Fees along with any accrued charges. The Company shall have no liability to the Brand or Seller for the suspension of its Services under the present TOS.
8. Service Fee.
8.1 Service Fees. Your Services shall be subject to any and all applicable service fees (“Service Fees”) as indicated in the Company’s service fee schedule (“Brand Fee Schedule”) and as may be applicable to the specific types of Services rendered to you and as disclosed on the Billing page of your Account. The terms and conditions of the Brand Fee Schedule are incorporated herein by reference and shall form an integral part of the present TOS and may be updated by the Company at any time and from time to time. We reserve the right to change the Service Fee from time to time. If Company does change the Service Fee, Company will provide you with a prior notice of the change on the Site or via e-mail to you, at Company’s option before the change is to take effect. Your continued use of the Service after the Service Fee change becomes effective and constitutes your agreement to the updated Service Fee. The Company reserves the right to update the Brand Fee Schedule at any time. The Brand shall also comply with all of the Company’s payment policies and procedures applicable from time to time.
8.2 Brand Fees and Obligations
8.2.1 Service Fees. In consideration of Company’s provision of the Service to you and as payment from you to Company therefore, you will pay Company the Service Fees in accordance with the Brand Fee Schedule. You recognize and agree that the Service Fees shall be charged to your Account.
8.2.2 Seller Commission. You have an obligation to pay the Seller Commission in consideration of Sellers referring Customers to purchase your products via Shareable Links. As such, the Company will charge your Account the applicable Seller Commission as per the applicable payment schedule and you authorize the Company to remit the Seller Commission, on your behalf, to the Seller as per the Company’s applicable payment schedule. As per the applicable payment schedule set out herein, the Company will charge any applicable Seller Commissions you owe hereunder on a weekly basis. The Seller Commission is determined by the Brand, and accepted by the Seller, through the Services. The Company shall not be liable in any way whatsoever for the payment of the Seller Commission owed or payable by you to the Seller under these TOS and you will fully indemnify and defend the Company against any and all claims, demands, and actions against the Company related to your failure to pay the Seller Commission and/or your payment obligations hereunder. With respect to the remittance of the Seller Commission to Sellers, you recognize and agree that the Company is acting as the agent of the Seller.
8.2.3 Payment Schedule. The Company will calculate the amount you owe to Company and the Seller on a weekly basis (“Brand Payment Amount”) based on your sale fulfillment dates during a seven (7) day period starting from each Monday to the following Sunday (“Weekly Reporting Period”). All dates and times are calculated using Coordinated Universal Time (UTC). The amounts owed will include the Service Fees and Seller Commission, among any other applicable charges. The Brand Payment Amount shall be charged by the Company at any time thirty (30) days after the last day of the Weekly Reporting Period (“Charge Period”) and the Seller Commission shall be remitted to the Seller as soon as the Brand Payment Amount has been received into the third-party payment processor platform account.
8.3 Refunds. In the event that a Customer order is refunded prior to the end of the Charge Period, the Seller Commission and Service Fee shall not be charged.
8.4 Charge Disputes. If you dispute any charges to your Account, namely for Service Fees and/or Seller Commissions, you must inform the Company in writing within thirty (30) days after the date of the applicable charge.
8.5 Non Sufficient Funds. If any payment initiated by ACH or other applicable electronic funds-transfer method (“EFT”) is returned or rejected for non-sufficient funds (“NSF”), the Company will notify the Brand by email and immediately switch the Brand’s payment method to credit-card billing, which the Brand hereby authorizes. The Brand shall have seven (7) calendar days from the date of the original payment attempt to update its EFT payment information and revert its preferred method back to EFT; if the Brand fails to do so within seven (7) days, the Company may charge the full outstanding Brand Payment Amount to the credit card then on file, subject to any applicable credit-card processing fees.
8.6 Agent of the Payee. The Company shall act as the Seller’s agent (i.e., agent of the payee) for the remittance of any payments that it is entitled to receive from the Brand under these TOS. The Seller hereby appoints the Company as its limited agent solely for the purpose of receiving, on its behalf, a payment for amounts owing to the Seller by the Brand and remitting the same to the Seller upon receipt of the amounts into the third-party payment processor platform account. The Company shall not be responsible for any obligations of the Brand or the Seller under any agreement between them, other than the remittance of the amounts owed by the Brand to the Seller relating to the Services, as expressly provided herein. The Company’s role is strictly limited to facilitating the Seller’s payment as the Seller’s agent, and nothing in these TOS shall be construed to create a partnership, joint venture, employment relationship, or any agency relationship beyond the scope set forth in this clause.
8.7 Your Obligations. As the actual seller of the product, you are fully responsible for the sale of your product and the associated obligations. You will not make any statements, promises or legally binding commitments to the Customer contrary to the terms and conditions contained herein, detrimental to the interests of the Company, or to disparage the Company in any way whatsoever. You shall not make any representations or warranties associating the Company to your products and services. Notwithstanding anything to the contrary as set forth herein, (i) the Company may, in its sole discretion and without limiting your obligations herein, suspend or terminate your Account, and (ii) reserves the right in its discretion to remove you or your products from the Site at any time without liability of any kind.
8.8 Liability. The Company shall not have any liability of any kind toward the Customer or any third party relating to the sale of your products, refunds, or cancellations, namely for any fees associated with the refund, currency exchange rates, or other costs or charges. In consideration of the foregoing, you hereby fully release and discharge the Company of any claim or liability resulting from a Customer and relating to your product and you will defend and fully indemnify the Company for any costs, expenses, or liability resulting from the Services provided hereunder by the Company and/or your obligations as the seller of the product.
9. Taxes
9.1 Sales Tax on Fees. To the extent legally required, the Company is authorized to charge, collect, and remit any relevant sales and other taxes on its fees or charges in accordance with applicable tax laws. The specific amount of sales tax levied may be contingent on factors such as jurisdiction and the nature of the provided Services. The Company will make diligent efforts to precisely determine and apply the correct tax to these fees.
9.2 Brand Tax Responsibilities. The Brand is solely responsible for determining any and all applicable taxes, including relevant sales taxes, in accordance with the law on all products sold to Customers. The Brand is responsible for the accuracy of the tax information provided to the Company. The Brand acknowledges and agrees that it is solely responsible for the payment of any and all taxes owed on products sold and income generated through via Shareable Links, such as all federal, state, local, and international taxes that apply, including, but not limited to, income taxes, sales taxes, and any other taxes or levies imposed by tax authorities relevant to the Brand’s sales activities. It is the Brand’s duty to understand and comply with their tax obligations in all jurisdictions where they are required to pay taxes. The Brand agrees to indemnify and hold the Company harmless from any liability, including penalties, fines, or interest, arising from the Brand’s failure to comply with their tax obligations.
9.3 Tax Information and Compliance. The Brand shall provide the Company with any and all information the Company may require to provide the Services, including but not limited to the Brand’s full legal name, address, tax identification number (TIN), and federal tax classification. It is the Brand’s responsibility to ensure that the information provided to the Company is accurate and up-to-date to comply with applicable tax laws and regulations.
9.4 Tax Filings. It is the Brand’s responsibility to file any and all tax forms with the appropriate tax authorities in a timely manner. The Company is not responsible for the Brand’s filing of any tax reporting obligation.
9.5 Amendments. The Company may update and amend this provision from time to time in accordance with changes in tax legislation or the operational policies of the Company. The Brand will be notified of any such changes and are advised to regularly review this clause to ensure compliance with their tax obligations.
9.6 Acceptance. By continuing to use the Services provided by the Company, the Brand agrees to abide by the terms set forth in this provision and acknowledges their responsibility for the payment of taxes as required by law.
10. Representations and Warranties.
You represent and warrant to Company that (i) you have full power and authority to enter into this TOS; (ii) you own all User Content or have obtained all permissions, releases, rights or licenses required to provide or transmit the User Content to the Company (and allow Company to perform its obligations) in connection with the Service without obtaining any further releases or consents; (iii) User Content and other activities in connection with the Service, and Company’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor do User Content or the use of the Services contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; (iv) you are eighteen (18) years of age or older; (v) your use of the Service will be limited to commercial and not personal, family, or household purposes; (vi) any bank account(s) you use in connection with the Service will be commercial deposit accounts only.
11. Termination.
You may cancel your Account at any time directly within the Services. Subject to earlier termination as provided below, Company may terminate your Account at any time by providing thirty (30) days prior notice to the administrative email address associated with your Account. In addition to any other remedies we may have, Company may also terminate your Account upon ten (10) days’ notice, if you breach any of the terms or conditions of this TOS. Company reserves the right to modify or discontinue, temporarily or permanently, your access to or use of the Service (or any part thereof). All of User Content on the Service (if any) may be permanently deleted by Company upon any termination of your Account in its sole discretion. All accrued rights to payment and the terms of Sections 3.2.3, 3.3, and 5-16 shall survive termination of your Account.
12. DISCLAIMER OF WARRANTIES.
The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond our reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption. HOWEVER, THE SERVICE, INCLUDING THE SITE, CONTENT, THIRD-PARTY SERVICES, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOUR USE OF THE SERVICES, INCLUDING THIRD-PARTY SERVICES PROVIDED THROUGH THE SERVICES, THE USER CONTENT, AND THE USER MATERIALS ARE AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
13. LIMITATION OF LIABILITY.
13.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE SERVICE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, OF ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
13.2 Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
14. Indemnification.
You shall defend, indemnify, and hold harmless Company from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, your violation of any law or the rights of a third party, any of User Content, or your other access, contribution to, use or misuse of the Service, including any aspect of any transaction, arrangement, or interaction with Sellers and Customers, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to consumer protection laws). Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Company’s defense of such matter.
15. U.S. Government Matters.
You may not remove or export from the United States or allow the export or re-export of the Service or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by Company on your Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this TOS and will be prohibited except to the extent expressly permitted by the terms of this TOS.
16. Assignment.
You may not assign this TOS without the prior written consent of Company, but Company may assign or transfer this TOS, in whole or in part, without restriction. Any attempted assignment, delegation, or transfer by either party in violation hereof will be null and void. Subject to the foregoing, this TOS will be binding on the parties and their successors and assigns.
17. Miscellaneous.
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
18. Governing Law.
This TOS shall be governed by the laws of the State of Delaware without regard to the principles of conflicts of law. Unless otherwise elected by Company in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of the State of Delaware for the purpose of resolving any dispute relating to your access to or use of the Service.
19. Data Protection and Privacy.
To the extent the Company collects, uses, processes, discloses, communicates or otherwise handles your personal information, it will process the same in accordance with the terms set out in its privacy policy found at the following link: https://getendlss.com/privacy_policy/ (“Privacy Policy”). Please consult the Company’s Privacy Policy to understand how Company collects and uses your personal information. By using or accessing the Services, you hereby consent to and authorize the Company to collect, use, process, disclose, communicate or otherwise handle your personal information for the sole purpose of rendering the Services herein.
20. DMCA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Company’s Copyright Agent at legal@endlss.io (subject line: -“DMCA” Takedown Request”). You may also contact us by mail at:
Attention: Copyright Agent
Penny AI Technologies, Inc.
548 Market St PMB 65915
San Francisco CA 94104
United States
Email: legal@endlss.io
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
Counter-Notice: If you believe that the relevant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the District of Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, Users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
21. Reporting of Illegal, Objectionable or Inappropriate Content.
21.1 If you encounter any User Content, material, or content of any kind on the Services that you believe is illegal, objectionable, or inappropriate (“Reported Content”), you may report it by emailing us at hello@endlss.io or reporting it through the relevant support or web form. To ensure we can address your report effectively, you must provide (i) a clear and specific reference to the content in question, such as a URL, screenshot, or other identifiable details that allow us to locate the Reported Content, and (ii) a detailed explanation describing why you believe the Reported Content is illegal, objectionable, or inappropriate, including references to any applicable laws or community standards if relevant. We reserve the right to review and take action regarding your report at our sole discretion, including removing, restricting, or allowing the Reported Content. Please note that filing a report does not guarantee removal or any specific action relating to the Reported Content.
21.2 By submitting a report, you represent and warrant that you are acting in good faith and that the information you provide is accurate and complete to the best of your knowledge. Submitting false or misleading reports, or reports made for improper purposes, may result in suspension or termination of your access to the Services.
21.3 If you have questions or require assistance with the reporting process, please contact us at legal@endlss.io.