Ender Terms of Service and Privacy Policy
Last updated: November 24, 2025
Effective: January 15, 2026
These Terms of Service and Privacy Policy (collectively, the "Terms") govern your access to and use of all websites, applications, APIs, communication tools, and related products and services made available by Asteroid Property Management, Inc. d/b/a Ender ("Ender", "we", "us", or "our"), including athttps://ender.com(collectively, the "Service").
By accessing or using the Service (including by creating an account, logging in, or integrating with the Service), you agree to be bound by these Terms. If you do not agree, you may not access or use the Service.
If you are entering into these Terms on behalf of an entity (such as a property owner, manager, or fund), you represent and warrant that you have authority to bind that entity, and "you" includes both you and that entity.
If you have a separately executed written agreement with Ender (e.g., a Master Services Agreement, Order Form, or Data Processing Agreement) that expressly governs your use of the Service, that agreement will control to the extent of any direct conflict with these Terms.
1. Eligibility; Accounts; Roles
1.1 Eligibility. You must be at least 18 years old and capable of entering into a binding contract to use the Service.
1.2 Account Creation. To access certain features, you must create an account. You agree to provide accurate, current, and complete information and to keep it updated. We may reject, suspend, or terminate any account at our discretion.
1.3 Roles and User Types. The Service may be used by or on behalf of various user types, including without limitation: property owners, asset managers, property managers, employees, contractors, residents/tenants, applicants, prospects, vendors, accountants, and other participants in Ender-enabled workflows (collectively, "Users"). If you provision or control accounts for other Users, you are responsible for their use of the Service and ensuring they comply with these Terms.
1.4 Account Security. You are responsible for all activities occurring under your credentials or accounts, whether or not authorized by you. You will (a) maintain the confidentiality and security of your passwords and API keys, and (b) promptly notify us of any actual or suspected unauthorized access, use, or security incident involving your account.
1.5 Usernames. You may not use a username or profile that infringes third-party rights, is unlawful, or is offensive, vulgar, or obscene. We may reclaim or modify usernames at our discretion.
2. Relationship to Separate Agreements
If you or your organization has executed a separate written agreement with Ender (for example, a SaaS Agreement, Order Form, or Data Processing Agreement:
- (a) those terms govern the commercial, pricing, and data protection relationship; and
- (b) these Terms apply to the extent they do not directly conflict with that agreement.
In the event of a direct conflict, the signed agreement will control solely for the subject matter of that conflict.
3. Purchases, Fees, and Payments
3.1 Purchases. Certain features or services may require payment (each, a "Purchase"). You agree to pay all fees specified at the time of Purchase or in an applicable Order Form, plus any applicable taxes.
3.2 Billing and Payment Methods. You may be required to provide payment information (e.g., credit card, bank account, ACH details). You represent that you are authorized to use any payment method you provide. You authorize us and our third-party payment processors to charge your payment method for all amounts owed.
3.3 Third-Party Payment Processors; ACH. We use third-party payment processors (e.g., Stripe, Dwolla, and other ACH/card processors and banks) for payment services. Their use of your information is governed by their own terms and privacy policies. We do not store full payment card numbers.
3.4 Nonpayment. If any fees are not paid when due, we may suspend or terminate your access to the Service or certain features, and we may charge interest on late amounts at the maximum rate permitted by law.
3.5 No Refunds Unless Required. Except as required by applicable law or a separate written agreement, all fees and charges are non-refundable.
3.6 Payment Actions and Authorization. By enabling or using any payment functionality in the Service, you authorize Ender and our payment processors/banks to perform, on your behalf and consistent with your configurations, instructions, and applicable law, any of the following categories of payment actions for any User type (including tenants/residents, applicants/prospects, vendors, property managers, owners, asset managers, accountants, and other payors/payees):
- Initiation and Execution. Initiate, process, and settle payments via ACH, cards, and other supported rails, including one-time, recurring, scheduled, delayed, partial, pro-rated, split, consolidated, or batched payments; and initiate related credits or debits to linked accounts.
- Authorization Capture and Account Linking. Collect, present, and record payment authorizations; link, verify, and maintain bank accounts and payment methods (including micro-deposits, instant verification, tokens, and re-verification); and store payment credentials via our processors.
- Collections, Plans, and Auto-Pay. Create, modify, pause, resume, or cancel auto-pay and recurring schedules; establish and manage payment plans, installments, and negotiated repayment schedules; and retry, re-present, or reschedule failed payments as permitted.
- Ledgering and Allocation. Apply, allocate, split, net, reclassify, or reverse payments across customer ledgers and sub-ledgers (e.g., rent, utilities, fees, deposits, credits, vendor invoices, owner distributions), including cross-charge allocations, bulk allocations, and re-allocations to correct errors or reflect updated instructions.
- Disbursements and Payouts. Disburse funds to vendors, owners, managers, or other payees; route funds among Ender-controlled or processor-controlled accounts; perform internal transfer routing between properties, funds, or portfolios; and execute pass-through, escrow-style, custodial, or settlement disbursements where supported.
- Refunds, Adjustments, and Returns. Issue full or partial refunds; perform ACH reversals, corrections, and returns; adjust amounts for credits, concessions, charge corrections, or disputes; and process offsets or net-downs against future disbursements to reconcile balances.
- Fees, Charges, and Withholding. Assess, collect, pass through, or deduct platform fees, processor fees, convenience fees, late fees, NSF/return fees, chargeback fees, or other amounts you configure or that are disclosed at the point of payment; and withhold or reserve amounts as permitted for risk management, compliance, or reconciliation.
- Disputes, Chargebacks, and Risk Controls. Receive and respond to disputes, returns, and chargebacks; supply evidence; debit or credit balances to reflect outcomes; and impose limits, velocity controls, holds, suspensions, or other risk-mitigation actions required by law or our processors.
- Compliance, Reporting, and Notices. Generate and deliver payment-related notices, receipts, confirmations, and statements; maintain audit trails; and support tax/compliance reporting (e.g., 1099/1098-related data, property accounting records) as applicable to your use of the Service.
- Correction of Errors and Operational Maintenance. Investigate, correct, or reverse erroneous, duplicate, unauthorized, or misapplied entries to the extent permitted by law and network rules; and take operational actions needed to maintain payment integrity (including reconciliation, re-posting, and back-dated corrections).
- Agent-Assisted Actions. Where enabled, allow AI Features or Agents to propose or initiate any of the above actions on your behalf, subject to your review/approval settings and these Terms.
3.7 Business Verification; EIN; Beneficial Ownership. To enable or continue to use payment, payout, disbursement, or funds-movement features in the Service, Ender and/or our payment processors may require Customers or Users that are legal entities, or that administer payments on behalf of legal entities (including property managers acting for property-owning companies), to provide and keep current certain business and ownership information for identity verification, fraud prevention, risk management, and compliance purposes. Such information may include, without limitation: (a) legal entity name, formation type, jurisdiction, and principal business address; (b) federal tax identification number (EIN or other TIN); (c) information about one or more authorized representatives or controllers; and (d) beneficial owner information for natural persons who directly or indirectly own or control the entity (including any individual owning twenty-five percent (25%) or more of the entity, and/or any individual with significant managerial control), which may include name, date of birth, address, and government identifier as required by the applicable processor or law.
You represent and warrant that: (i) all such information you submit is accurate, complete, and not misleading; (ii) you have lawful authority and any required consents to provide this information to Ender and to permit Ender to share it with our processors and identity-verification vendors; and (iii) you will promptly update the information if it changes. Failure to provide, maintain, or verify required information may result in delays, limits, holds, suspension, or termination of payment features, including the inability to send or receive funds.
Ender may collect, use, and disclose this information solely to the extent necessary to provide payment functionality, satisfy processor/network rules, and comply with applicable law, consistent with these Terms.
4. Dwolla-Specific Terms
Dwolla Verified Customer / Customer Record Language. To use certain payment features, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and accept Dwolla's Terms of Service and Privacy Policy. Funds held in a Dwolla account are held by Dwolla's financial institution partners as described in Dwolla's Terms.
You authorize us to collect and share with Dwolla your personal information, including full name, date of birth, Social Security number, physical address, email address, and financial information, and you are responsible for the accuracy and completeness of such data. You will access and manage your Dwolla account through our application, and Dwolla will send applicable account notifications. We provide customer support for Dwolla account activity viahttps://ender.comandsupport@ender.com.
Receive-Only Language. You expressly authorize Ender's service provider, Dwolla, Inc., to originate credit transfers to your financial institution account. You authorize Ender to collect and share with Dwolla your personal information, including full name, email address, and financial information, and you are responsible for the accuracy and completeness of that data.
5. AI and Automation Features
5.1 AI Features and Agents. The Service includes AI systems, machine-learning models, and software agents ("AI Features" or "Agents") that may analyze, generate, recommend, and/or help execute workflows. AI Features may, among other things:
- Draft, route, or suggest messages and calls to residents, prospects, vendors, owners, staff, accountants, or other Users;
- Suggest or pre-populate workflow actions (e.g., invoice approvals, payment plans, application decisions, work orders, reminders);
- Analyze records and logs to detect anomalies, risks, or compliance issues;
- Propose summaries, categorizations, or recommended next steps. Suggestions may be presented to any User type, including Users who do not directly contract with Ender.
5.2 User Review and Control. Unless expressly stated in a signed agreement or in a specific feature's documentation that an Agent may execute actions autonomously: (a) AI Features and Agents provide suggestions, drafts, or operational assistance only; and (b) you remain responsible for reviewing and deciding whether to accept, override, or reject any suggested action or output before it is acted upon. Where available, you may configure whether certain Agents can execute actions automatically, and you are responsible for the consequences of those configurations.
5.3 No Guarantee of Accuracy; No Professional Advice. AI outputs may be incomplete, inaccurate, biased, or unsuitable for your specific use case. They are provided "as is" for informational and operational assistance. AI outputs and Agents do not constitute legal, accounting, tax, financial, fair-housing, or other professional advice. You remain solely responsible for:
- Compliance with applicable laws (e.g., fair housing, consumer protection, credit reporting, debt collection, employment, privacy, landlord-tenant law); and
- Ensuring AI-derived decisions, notices, and communications meet your legal and contractual obligations.
5.4 Customer Responsibility for Content. You are solely responsible for the content of all messages, notices, approvals/denials, lease terms, charges, and any other actions taken in or through the Service, whether initiated by a human User or by an Agent acting according to your configurations.
6. Data Definitions and Roles
For clarity, the following definitions apply in these Terms:
- "Customer" means the entity or person that has a direct contractual relationship with Ender for use of the Service.
- "Customer Content" means data, records, documents, files, messages, calls, audio, video, images, attachments, workflows, configurations, and any other content that you or your Users submit to or store in the Service.
- "Service Data" means operational and technical data generated by or relating to the Service, such as logs, usage metrics, device information, timestamps, session data, error reports, and interaction traces (including actions taken by Users and Agents).
- "Personal Data" means information that identifies or is reasonably capable of identifying a particular natural person.
- "Derived Data" means aggregated, anonymized, de-identified, pseudonymized, obfuscated, or otherwise transformed data derived from or based on Customer Content and/or Service Data that does not reasonably identify an individual natural person and does not include real-world PII.
Unless otherwise set out in a separate Data Processing Agreement: (a) for most Personal Data within Customer Content, Customer is the "controller" (or similar role) and Ender acts as a "processor" or "service provider" on Customer's behalf; and (b) Ender is an independent controller/owner of Service Data and Derived Data to the extent created or processed for its own legitimate purposes as described in these Terms.
7. Data Collection and Categories
7.1 Personal Data You Provide. We may collect Personal Data such as:
- Name, email address, phone number, mailing address;
- User role and organization;
- Government identifiers where required for payments (e.g., SSN, EIN);
- Payment and billing information (primarily handled by processors).
7.2 Usage and Interaction Data. We collect Service Data, including:
- IP address, device and browser characteristics, operating system;
- Session information, access times, pages/screens viewed;
- Logs of actions taken in the Service (e.g., record changes, approvals, messages sent, calls initiated, assignments, configuration changes);
- Metadata relating to messages, calls, or other actions (e.g., timestamps, participants, channels);
- Where enabled, recordings or transcripts of certain calls or sessions.
7.3 Location Data. If you enable location services, we may collect and process location data for security, fraud prevention, routing, compliance, or workflow features. You can disable location access through your device settings, but some features may not function.
7.4 Cookies and Similar Technologies. We use cookies, pixels, and similar technologies for session management, security, preferences, analytics, and advertising/remarketing, as further described below.
8. Use of Data; AI Training; Obfuscation; Derived Data Rights; Retention
8.1 Use of Customer Content. We use Customer Content to:
- Provide, operate, configure, and support the Service;
- Execute workflows you configure (e.g., communications, payments, tasks, approvals, accounting entries);
- Troubleshoot and resolve issues;
- Comply with contractual and legal obligations.
8.2 Use of Service Data. We use Service Data to:
- Operate, secure, monitor, and improve the Service;
- Detect, prevent, and investigate security incidents, abuse, fraud, or misuse;
- Measure performance, reliability, and engagement;
- Develop new features, models, and services.
8.3 AI Training and Model Improvement. Subject to applicable law and any conflicting written agreement: (a) We may use obfuscated and/or de-identified forms of Customer Content and Service Data—including logs of messages, calls, and actions taken within Ender's ecosystem—to train, fine-tune, evaluate, and improve AI models and Agents and to develop new AI features. (b) Such use will rely on techniques such as aggregation, masking, de-identification, and pseudonymization designed to remove direct identifiers and significantly reduce the risk of re-identification.
8.4 Ender's Right to Create Derived Data; No Sale of Customer Content. (a) We reserve the right to transform Customer Content and Service Data into Derived Data using industry-standard and evolving de-identification, aggregation, and obfuscation methodologies. (b) Customer Content and Personal Data remain Customer's data. Ender will not sell Customer Content or Personal Data, and will not disclose Customer Content to third parties except as necessary to provide the Service, comply with law, or as otherwise permitted in these Terms. (c) Any sharing or commercialization under these Terms is limited to Derived Data that is highly obfuscated and does not reasonably identify an individual person or specific property.
8.5 Ender's Ownership, Retention, and Monetization of Derived Data. (a) Derived Data is owned by Ender. (b) We may retain Derived Data permanently (subject to applicable law). (c) We may use, share, license, publish, disclose, sell, assign, or otherwise commercialize Derived Data for purposes such as benchmarking, analytics, research, product development, and AI training, provided Derived Data does not include Personal Data or real-world PII and does not reasonably enable re-identification.
8.6 Retention of Customer Content and Personal Data. We retain Customer Content and Personal Data for as long as: (a) your account is active or as needed to provide the Service; (b) required by law, regulation, or court order; or (c) reasonably necessary for legitimate business purposes (e.g., audit, security, fraud prevention, dispute resolution, accounting, tax). We may maintain certain records (e.g., system logs, financial records, legal holds, and audit trails) for longer periods as required or permitted by law or contract.
8.7 Cloned/Replicated Environments. We may replicate production data into QA, staging, or development environments to test and improve the Service. Such environments are subject to security and access controls and may apply masking or de-identification to reduce exposure of Personal Data.
8.8 No Obligation to Return or Destroy Derived Data. Upon termination of your account and/or deletion of Customer Content, we have no obligation to delete or return Derived Data.
9. Security Program, SOC 2 Type 2, FedRAMP Alignment
9.1 Security Program. We maintain an information security program with administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of Customer Content and Personal Data, including least-privilege access, continuous logging/monitoring, vendor risk management, secure SDLC controls, and encryption in transit and at rest.
9.2 SOC 2 Type 2 Alignment. Our internal controls are designed to align with relevant SOC 2 Type 2 Trust Services Criteria (e.g., security, availability, confidentiality). We may undergo independent assessments over defined periods. Any formal reports, if available, may be provided under separate confidentiality terms.
9.3 FedRAMP Alignment. For systems and environments supporting U.S. federal or similarly regulated customers, we implement controls designed to align with relevant FedRAMP baselines (e.g., Low or Moderate), including access management, continuous monitoring, secure configuration, encryption, incident response, and supply-chain controls, as applicable to the in-scope environments. Nothing in these Terms is a representation that any particular environment is formally authorized under FedRAMP unless expressly stated in a separate written agreement.
9.4 Your Security Responsibilities. You are responsible for: (a) configuring the Service (including roles, permissions, and approvals) in a secure manner; (b) managing your own devices, networks, and credentials; (c) complying with your regulatory obligations and internal security policies; and (d) promptly notifying us of any suspected security incident related to the Service.
10. Service Providers and Subprocessors (Twilio, Mailgun, ACH, etc.)
10.1 Third-Party Providers. We may engage third-party service providers ("Service Providers" or "Subprocessors") for infrastructure, communications, analytics, payments, support, and other services. These may include, without limitation:
- SMS, voice, and email providers (e.g., Twilio, Mailgun, similar platforms);
- Payment processors and ACH networks (e.g., Stripe, Dwolla, banks);
- Cloud hosting, storage, logging, and observability;
- Support and ticketing tools.
Service Providers may process Personal Data and Customer Content as necessary to perform their services and are generally bound by contractual obligations to protect data and use it only for authorized purposes.
10.2 Compliance with Provider Policies. Our use of Service Providers is subject to their terms, acceptable use policies, and regulatory requirements. You agree that: (a) Your use of messaging, calling, and payments through the Service must comply with applicable third-party terms, TCPA/CTIA rules, anti-spam laws, and ACH/Nacha rules, including consent, opt-out, prohibited content, and authorization requirements; and (b) We may suspend, throttle, modify, or disable features as necessary to comply with provider requirements or law or to protect the Service and others.
11. Data Classification and Internal Handling
We apply internal data classification and handling requirements (e.g., Restricted/Confidential, Internal Use, Public) to guide baseline controls. We may exchange Internal Use or Confidential/Restricted information over secure collaboration tools where appropriate, subject to access controls and need-to-know principles.
12. Analytics, Tracking, and Remarketing
We may use tools such as FullStory, Google Analytics, and similar services to analyze usage and improve the Service. These tools may use cookies and similar technologies to collect Usage Data. We may also use remarketing or targeted advertising tools to show ads based on your interactions with the Service, subject to applicable law. You can manage cookie preferences through your browser, and certain analytics or advertising services may provide their own opt-out mechanisms.
13. Do Not Track
Our Service does not currently respond to browser "Do Not Track" signals. You may use other privacy controls (e.g., browser settings, extensions) to manage tracking technologies.
14. Children's Privacy
The Service is not directed to children, and we do not permit individuals under 18 to create accounts or use the Service as account holders. We do not knowingly collect Personal Data directly from children under 13.
Notwithstanding the foregoing, Customers and adult Users may provide to the Service limited Personal Data about minors in their household or under their care (for example, a resident's child's name and date of birth) solely for legitimate property-management, tenancy, eligibility, compliance, safety, or operational purposes (e.g., household composition, certifications, leasing records, or emergency contact context). By submitting such information, you represent and warrant that you are the child's parent or legal guardian, or otherwise have lawful authority and any required consents to provide the information to Ender and to permit Ender to process it as described in these Terms.
We process minors' information only as Customer Content on Customer's instructions and for the purposes above, apply data-minimization principles, and do not use such information to target children with marketing. We do not disclose minors' Personal Data to third parties except as necessary to provide the Service, comply with law, or as otherwise permitted in these Terms.
If we learn that we have collected Personal Data directly from a child under 13 without verifiable parental consent, we will delete it as required by law. Parents or legal guardians who believe their child's information has been provided to Ender without proper authority may contactsupport@ender.comto request access, correction, or deletion, subject to applicable law and our verification procedures.
15. Communications, SMS/Voice, and Email Terms
15.1 Consent to Communications. By providing contact information, you consent to receiving communications relating to the Service (e.g., account notices, security alerts, property management updates, payment reminders) via email, SMS, voice calls, and in-app messages, including messages initiated on behalf of your property manager or other Customers.
15.2 SMS/Voice Opt-In and Program Disclosures. Where SMS or voice calling is enabled, Customers must obtain and maintain the level of consent required by law and carrier rules (including TCPA/CTIA and A2P 10DLC requirements). Opt-in language must clearly describe the purpose of messages/calls, expected frequency, that message/data rates may apply, and how to obtain help and opt out. You represent that you have obtained all required consents before initiating messages/calls through the Service.
15.3 Recurring Message Disclosure. By providing your phone number, you consent to receive recurring text messages from Ender regarding property management updates, payment reminders, and other relevant information. Message and data rates may apply. Message frequency may vary based on your use of the Service and your property's configuration.
15.4 Opt-Out of SMS/Voice. To stop receiving SMS messages, reply "STOP" to any message. We may send a single confirmation message. To opt out of voice calls, follow voice prompts or contactsupport@ender.com. Certain transactional messages (e.g., security alerts) may still be required to maintain the Service.
15.5 Help. For help, reply "HELP" to any message or contactsupport@ender.com.
15.6 Carrier Liability. Mobile carriers are not liable for delayed or undelivered messages.
15.7 Email Sending and Anti-Spam. Customers and Users must comply with applicable anti-spam laws (including CAN-SPAM), Mailgun/Sinch acceptable use requirements, and Ender's instructions regarding complaint handling, bounce management, and unsubscribe processing. We may suspend or limit email functionality to protect deliverability or comply with provider rules.
16. ACH Authorization and Rules
16.1 ACH Authorizations. When using ACH features, you authorize Ender and its payment processors to initiate ACH entries consistent with the authorizations you provide in the Service. Customers are responsible for obtaining, documenting, and retaining all ACH authorizations required under Nacha rules and applicable law (e.g., WEB, TEL, recurring, or standing authorizations) and for presenting authorization terms to payors as required.
16.2 Revocation; Errors; Returns. Payors may revoke authorizations as permitted by law and Nacha rules. You remain responsible for fees, chargebacks, returns, and disputes arising from unauthorized, improper, or erroneous entries.
17. Disclosure of Data; Business Transfers
We may disclose Personal Data and Customer Content: (a) to Service Providers as described above; (b) to comply with legal obligations, lawful requests, or government/regulatory authorities; (c) to protect and defend the rights, property, or safety of Ender, our customers, or the public; (d) to investigate and prevent potential violations of law or these Terms; or (e) in connection with a merger, acquisition, sale of assets, financing, reorganization, bankruptcy, or similar transaction, subject to confidentiality obligations and required notices.
18. International Data Transfers
We may process and store information in the United States and other countries with different data protection laws. By using the Service, you consent to these transfers, subject to safeguards required by applicable law.
19. Termination and Suspension
19.1 By You. You may terminate your use of the Service at any time. If you are a Customer responsible for multiple Users, your termination may affect those Users' access.
19.2 By Us. We may suspend or terminate your access to all or part of the Service at any time, with or without notice, if: (a) you breach these Terms or any other applicable agreement; (b) we reasonably suspect fraud, abuse, or security risk; (c) required by law, regulator, or third-party provider; or (d) we discontinue all or part of the Service.
19.3 Effect of Termination. Upon termination, your right to use the Service ceases immediately. We may retain or delete Customer Content as outlined in these Terms and any applicable agreement. Provisions that, by their nature, should survive (including ownership, confidentiality, Derived Data rights, disclaimers, and limitations of liability) will remain in effect.
20. Intellectual Property; License to Ender
20.1 Ender IP. The Service, including all software, underlying technology, designs, interfaces, compilations, and content provided by Ender (excluding Customer Content), are owned by Ender and its licensors and are protected by intellectual property laws.
20.2 License to Use the Service. Subject to these Terms, Ender grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your internal business or personal property management purposes.
20.3 License to Customer Content. You retain ownership of Customer Content. You grant Ender a worldwide, non-exclusive, royalty-free license to host, copy, use, transmit, display, process, and create Derived Data from Customer Content as reasonably necessary to: (a) provide, maintain, and support the Service; (b) develop, test, and improve products and features (including AI Features); and (c) exercise our rights and fulfill our obligations under these Terms. This license is irrevocable with respect to Derived Data already created.
20.4 Feedback. If you provide feedback, suggestions, or ideas regarding the Service, you grant Ender a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback without restriction or obligation.
21. Acceptable Use
You will not, and will not permit any third party to: (a) use the Service in violation of law, regulation, or third-party rights; (b) use the Service to send unlawful, harassing, discriminatory, defamatory, or misleading communications (including in violation of fair housing, consumer protection, debt collection, TCPA/CTIA, and anti-spam laws); (c) initiate messages/calls without required recipient consent; (d) initiate ACH entries without valid authorization; (e) attempt to probe, scan, or test the vulnerability of the Service; (f) reverse engineer, decompile, or attempt to derive source code except where permitted by law; (g) circumvent usage limits, security controls, or access restrictions; or (h) use the Service to build or train a competing product using Ender's proprietary IP, except as permitted for your own internal models under a separate written agreement. We may investigate suspected violations and may suspend or terminate access to protect the Service and others.
22. Disclaimers
To the maximum extent permitted by law: (a) The Service (including AI Features and any beta or experimental features) is provided on an "AS IS" and "AS AVAILABLE" basis. (b) We disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment. (c) We do not warrant that the Service or AI outputs will be accurate, complete, error-free, uninterrupted, secure, or suitable for your particular purposes, or that defects will be corrected. (d) You are solely responsible for verifying the accuracy and appropriateness of outputs and decisions made in reliance on the Service. Some jurisdictions do not allow the exclusion of certain warranties. In such cases, the disclaimers apply to the fullest extent permitted by law.
23. Limitation of Liability
To the maximum extent permitted by law: (a) Ender and its affiliates, officers, directors, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, goodwill, or data, arising out of or relating to these Terms or your use of (or inability to use) the Service, even if advised of the possibility of such damages. (b) Ender's total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of: (i) amounts you paid to Ender for the Service in the twelve (12) months immediately preceding the event giving rise to the claim; or (ii) one hundred U.S. dollars (US$100). These limitations apply to all theories of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not permit certain limitations; in such cases, the limitations apply to the maximum extent permitted.
24. Indemnification
You will indemnify, defend, and hold harmless Ender and its affiliates, officers, directors, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service, including communications you send, payments you initiate, or actions you take using the Service or AI Features; (b) your violation of these Terms, third-party provider rules, or any applicable law; (c) any dispute between you and a third party (including residents, applicants, vendors, owners, or other Users); or (d) your configurations or integrations of the Service with third-party systems. We may assume exclusive control of the defense, and you will cooperate.
25. Governing Law; Venue; Time to Bring Claims
These Terms are governed by the laws of the State of Texas, without regard to conflict of laws rules. Any legal action arising under these Terms will be brought exclusively in state or federal courts located in Texas, and you consent to personal jurisdiction and venue there. Any claim arising out of or related to these Terms or the Service must be brought within one (1) year after the cause of action accrues, or it is barred, to the extent permitted by law.
26. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice and update the "Last updated" date. The revised Terms become effective on the date stated in the notice. Your continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service.
27. Miscellaneous
Entire Agreement. These Terms, along with any applicable written agreement and order forms, constitute the entire agreement regarding the Service.
Severability. If any provision is held invalid, the remaining provisions remain in effect.
No Waiver. Failure to enforce any provision is not a waiver.
Assignment. You may not assign these Terms without our written consent. We may assign without restriction.
No Third-Party Beneficiaries. No third-party beneficiary rights except where explicitly stated.
Export and Sanctions. You represent you are not in a sanctioned country or on a restricted party list and will not use the Service in violation of export or sanctions laws.
Notices. We may provide notices via email, in-app messages, or postings within the Service. Notices to Ender must be sent to the contact below or any updated address we provide.
28. Contact
Asteroid Property Management, Inc. d/b/a Ender
Website:https://ender.com
Email:support@ender.com