Enduring Labs Terms of Service

Last Updated: January 6, 2025

This Terms of Service agreement ("Agreement") is entered into between Enduring Labs Inc ("Company," "we," "us," or "our") and the user ("User," "you," or "your") accessing or using our services (the "Services").

1. Service Description

1.1. The Company provides software services that help users organize and manage their email communications through integration with email service providers and artificial intelligence processing.

1.2. The Services utilize artificial intelligence technologies provided by third-party vendors to process User data. User acknowledges that their data will be processed through these third-party services subject to their respective security and privacy standards.

2. Access and Authorization

2.1. By using our Services, you grant us permission to:

  • a) Access your email account through secure authentication protocols.
  • b) Process email content and metadata to provide our Services.
  • c) Maintain necessary authentication tokens and credentials.
  • d) Apply organizational changes to your emails as directed by our Services.

2.2. You represent and warrant that you have the authority to grant such access and to authorize our use of your email account for the purposes described.

3. Data Processing and Privacy

3.1. We will:

  • a) Process your data solely for the purpose of providing the Services.
  • b) Maintain appropriate technical and organizational security measures.
  • c) Not store email content longer than necessary for service operation.
  • d) Not use your data to train generalized artificial intelligence models.
  • e) Handle all data in accordance with our Privacy Policy.

3.2. Data Processing Specifications:

  • a) Email content is processed in real-time through secure systems.
  • b) Only necessary metadata is retained for service functionality.
  • c) All processing complies with applicable data protection laws.

4. Security Measures

4.1. We implement comprehensive security measures including:

  • a) Encryption of data in transit and at rest.
  • b) Secure credential management systems.
  • c) Regular security audits and updates.
  • d) Access controls and monitoring.

4.2. We will promptly notify you of any security breaches affecting your data.

5. Service Availability and Support

5.1. We strive to maintain continuous service availability but do not guarantee uninterrupted access.

5.2. We provide technical support via email at support@enduring-labs.com during regular business hours.

5.3. We may perform scheduled maintenance with advance notice to users.

6. User Obligations

6.1. You agree to:

  • a) Maintain the security of your account credentials.
  • b) Use the Services in compliance with applicable laws.
  • c) Not attempt to reverse engineer the Services.
  • d) Promptly report any security concerns.
  • e) Obtain necessary consents from email recipients where required.

7. Intellectual Property Rights

7.1. We retain all rights to the Services, including our software, algorithms, and processes.

7.2. You retain all rights to your email content and data.

7.3. We grant you a limited, non-exclusive license to use our Services during the term of this Agreement.

8. Limitation of Liability

8.1. User Responsibilities and Acknowledgments

a) The User acknowledges and agrees that they remain solely responsible for:

  • Any opinions, recommendations, or actions taken based on the results obtained from the Services
  • Ensuring all data provided to Enduring Labs is complete, accurate, and up-to-date
  • Evaluating and verifying the accuracy and appropriateness of any output for their specific use case
  • Maintaining appropriate human oversight and review of AI-generated outputs

b) Given the inherent nature of artificial intelligence and machine learning technologies:

  • The Services may occasionally produce outputs that do not accurately reflect real people, places, or facts
  • Results may vary based on input data quality and other factors
  • User should independently verify any critical or high-stakes outputs
  • Enduring Labs does not guarantee specific accuracy levels or outcomes

8.2. Warranties and Disclaimers

a) THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ENDURING LABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • SATISFACTORY QUALITY
  • NON-INFRINGEMENT
  • QUIET ENJOYMENT
  • ACCURACY OF RESULTS
  • ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

b) Enduring Labs does not warrant that:

  • The Services will be uninterrupted, timely, or error-free
  • Any errors or defects will be corrected
  • The Services will meet User's specific requirements
  • The Services will be compatible with all systems or applications
  • Any data or content will be secure or not lost or altered

8.3. Limitations of Liability

a) Nothing in this agreement excludes or limits Enduring Labs' liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot be excluded by applicable law

b) Subject to Section 8.3(a), Enduring Labs shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

  • Loss of profits or revenue
  • Loss of business or business opportunity
  • Loss or corruption of data or information
  • Loss of goodwill or reputation
  • Wasted expenditure
  • Pure economic loss
  • Special, indirect, or consequential loss
  • Any other similar damages or losses

c) Enduring Labs' total aggregate liability under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the lesser of:

  • $10,000 USD; or
  • The total amount paid by User to Enduring Labs in the twelve months preceding the incident giving rise to the claim

8.4. Application of Limitations

The limitations in this section:

  • Apply to the maximum extent permitted by applicable law
  • Apply even if Enduring Labs has been advised of the possibility of such damages
  • Are an essential basis of the bargain between the parties

9. Term and Termination

9.1. This Agreement remains in effect until terminated by either party.

9.2. Either party may terminate with 30 days' written notice.

9.3. Upon termination:

  • a) All access to the Services will be revoked.
  • b) Your data will be deleted within 30 days.
  • c) Any outstanding fees become immediately due.

10. General Provisions

10.1. This Agreement is governed by the laws of Delaware.

10.2. Any modifications to this Agreement will be communicated with 30 days' notice.

10.3. If any provision of this Agreement is found invalid, the remaining provisions remain in effect.

Contact Information

For questions about this Agreement or our Services, contact:

Enduring Labs Inc
Email: info@enduring-labs.com

By using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.