Effective Date: December 30, 2024 | Last Updated: March 7, 2025
Welcome to Endata. These Terms of Service ("Terms") govern your access to and use of Endata's website (https://endata.com), products, and services (collectively, our "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our Services.
Please read these Terms carefully before using our Services. If you have any questions about these Terms, please contact us at support@endata.com.
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference into these Terms.
These Terms constitute a legally binding agreement between you and Endata, Inc. ("Endata," "we," "us," or "our"). If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
1.1. Eligibility
To use our Services, you must be at least 16 years old. By using our Services, you represent and warrant that you meet this requirement. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the Services and that they have read and agree to these Terms on your behalf.
We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes to these Terms, we will provide notice through our Services, via email, or by other means to provide you with the opportunity to review the changes before they become effective.
Your continued use of our Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you should discontinue your use of the Services.
We encourage you to review these Terms periodically to stay informed about our practices.
3.1. Account Creation
To access certain features of our Services, you may be required to create an account. When registering for an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2. Account Security
You agree to:
• Create a strong, unique password
• Keep your account credentials confidential
• Notify us immediately of any unauthorized use of your account
• Log out of your account at the end of each session when using shared devices
• Take responsibility for all activities that occur under your account
3.3. One Account Per User
You may not create more than one account or transfer your account to another person without our prior written consent. We reserve the right to terminate duplicate accounts.
3.4. Account Termination by You
You may terminate your account at any time through the account settings page or by contacting us at support@endata.com. Upon termination, some of your data may be retained as necessary for our legitimate business purposes or as required by law.
4.1. Subscription Options
Endata offers various subscription plans, including free and paid options. Certain features of our Content Intelligence API may only be accessible to paid subscribers. API usage limits, evaluation credits, and features included in each subscription plan are described on our pricing page.
4.2. Free Trial
We may offer a free trial period for certain subscription plans. After the trial period ends, your account will automatically convert to a paid subscription unless you cancel before the trial period expires.
4.3. Payment Terms
By subscribing to a paid plan, you agree to pay all fees in accordance with the pricing and payment terms in effect at the time of your subscription. You authorize us to charge your designated payment method for these fees.
All payments are non-refundable except as expressly provided in these Terms or as required by applicable law. Fees are exclusive of taxes, which we will charge as applicable.
4.4. Subscription Renewals
Paid subscriptions automatically renew at the end of each billing period unless you cancel your subscription before the renewal date. You can cancel your subscription at any time through your account settings or by contacting support@endata.com.
4.5. Changes to Pricing
We reserve the right to change our subscription fees at any time. If we change the fees for your subscription, we will provide notice of the change on our website or via email at least 30 days before the change takes effect. Your continued use of the Services after the fee change becomes effective constitutes your agreement to pay the updated fee.
4.6. Late Payments and Failed Charges
If a payment is not successfully processed due to expiration, insufficient funds, or otherwise, we may suspend or terminate your access to the Services until payment is successfully processed.
5.1. User Content Definition
"User Content" refers to any content, materials, or information (including text, images, videos, audio, content variations, metadata, etc.) that you submit, upload, or otherwise make available through our Content Intelligence API or other Services.
5.2. Ownership of User Content
You retain all ownership rights to your User Content. By submitting User Content to Endata, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with providing and improving our Content Intelligence API and related Services.
5.3. Responsibility for User Content
You are solely responsible for your User Content and the consequences of posting or publishing it. By submitting User Content, you represent and warrant that:
• You own or have obtained all necessary rights and permissions to use and share the User Content
• The User Content does not infringe upon the intellectual property rights or other rights of any third party
• The User Content complies with these Terms and all applicable laws and regulations
5.4. Content Restrictions
You agree not to submit User Content that:
• Is false, misleading, or deceptive
• Is defamatory, obscene, pornographic, vulgar, or offensive
• Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
• Promotes illegal or harmful activities
• Violates any intellectual property or other rights of any third party
• Contains software viruses or any other code designed to disrupt, damage, or limit the functioning of any software or hardware
5.5. Content Removal
We reserve the right, but are not obligated, to review, monitor, or remove User Content at our sole discretion, at any time and for any reason, without notice to you.
You agree to use our Services only for lawful purposes and in accordance with these Terms. In addition to the content restrictions outlined above, you agree not to:
• Use the Services in any way that violates any applicable law or regulation
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems or networks connected to the Services
• Use any robot, spider, or other automated device to access the Services
• Harvest or collect email addresses or other contact information of other users
• Create multiple accounts for abusive purposes
• Engage in any activity that interferes with or disrupts the Services
• Transmit any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or hardware
Violation of this Acceptable Use Policy may result in termination of your account and access to the Services.
7.1. Endata Intellectual Property
The Services, including their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Endata, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7.2. Limited License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.
7.3. Restrictions
Except as expressly permitted by these Terms or by law, you may not:
• Copy, modify, or create derivative works based on the Services
• Distribute, transmit, publicly display, publicly perform, rent, lease, or sublicense the Services
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
• Remove any copyright, trademark, or other proprietary notices from the Services
• Use the Services for any commercial purpose not expressly permitted by Endata
• Create or compile, directly or indirectly, any collection, compilation, database or directory using any content from the Services
7.4. Trademarks
The Endata name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Endata or its affiliates or licensors. You may not use such marks without the prior written permission of Endata.
7.5. Feedback
If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, sublicensable and transferable right to use, reproduce, modify, adapt, create derivative works from, distribute, perform, and display such Feedback in any manner and for any purpose.
8.1. Third-Party Links and Services
Our Services may contain links to third-party websites, services, or resources that are not owned or controlled by Endata. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
If you access a third-party website or service from our Services, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites or services. You expressly relieve Endata from any and all liability arising from your use of any third-party website, service, or content.
8.2. Integrations
Our Services may offer integrations with third-party services or applications. Your use of these integrations may require you to agree to additional terms and conditions provided by the relevant third party, and may involve the exchange of information between Resuvee and such third parties.
9.1. Termination by You
You may terminate your account and discontinue your use of the Services at any time by following the instructions in your account settings or by contacting us at support@endata.com.
9.2. Termination by Endata
We reserve the right to suspend or terminate your access to the Services, including your account, at any time and for any reason, including, but not limited to, if we reasonably believe:
• You have violated these Terms
• You create risk or possible legal exposure for Endata
• Your account has been inactive for an extended period
• Our provision of the Services to you is no longer commercially viable
9.3. Effect of Termination
Upon termination of your account:
• Your right to access and use the Services will immediately cease
• We may delete your account information and User Content
• Any outstanding payments will become immediately due
Any provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Endata does not warrant that:
• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• The results that may be obtained from the use of the Services will be accurate or reliable
• The quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations
• Any errors in the Services will be corrected
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Endata or through or from the Services shall create any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENDATA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
UNDER NO CIRCUMSTANCES WILL ENDATA BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENDATA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
• Errors, mistakes, or inaccuracies of content
• Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services
• Unauthorized access to or use of our secure servers and/or any personal information stored therein
• Interruption or cessation of transmission to or from the Services
• Bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services
• Errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ENDATA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless Endata, its affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your User Content caused damage to a third party
This defense and indemnification obligation will survive these Terms and your use of the Services.
13.1. Informal Resolution
Before filing a claim against Endata, you agree to try to resolve the dispute informally by contacting support@endata.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Endata may bring a formal proceeding.
13.2. Arbitration Agreement
You and Endata agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in Mission, Texas, or at another location mutually agreed upon by the parties.
13.3. Exceptions to Agreement to Arbitrate
Either party may assert claims in small claims court if they qualify. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement, without first engaging in the informal dispute resolution process or arbitration.
13.4. No Class Actions
YOU AND ENDATA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Unless both you and Endata agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
13.5. 30-Day Right to Opt Out
You have the right to opt out of the arbitration agreement within 30 days of the date you first accepted these Terms by sending a written notice to support@endata.com that includes your name and email address and a clear statement that you want to opt out of arbitration.
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.
Any legal action or proceeding arising under these Terms that is not subject to arbitration shall be brought exclusively in the federal or state courts located in Texas, and you hereby consent to personal jurisdiction and venue in such courts.
15.1. Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Endata concerning the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written.
15.2. Waiver
The failure of Endata to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Endata.
15.3. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
15.4. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Endata's prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. Endata may freely assign or transfer these Terms without restriction.
15.5. Force Majeure
Endata shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by forces beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, fire, natural disaster, pandemic, or interruption of telecommunication or internet services.
15.6. Notices
Any notices or other communications provided by Endata under these Terms will be given by posting to the Services or by email to the email address associated with your account.
15.7. Headings
The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms, please contact us at:
Endata, Inc.
Mission, TX 78572
United States
Email: support@endata.com
Response Time: Within 5 business days