Terms of Service

These Terms of Service (the "Terms") form an agreement between you (the "Customer", "you") and Endcap, Inc. ("Endcap", "we", "us") for access to and use of the Endcap platform, console, client portal, mobile rep experience, APIs, and related services (together, the "Service"). By creating an account, accepting an order form, or using the Service, you agree to these Terms. [to confirm]: the full registered company name, number, and registered office address for the contracting Endcap entity.

1. Definitions

• "Customer Data" means the data, content, photos, submissions, reports, and records you and your Users submit to or generate within the Service, including data relating to your own clients and brands.
• "User" means an individual you authorise to use the Service under your account, for example an agency administrator, campaign manager, rep, or client viewer.
• "Seat" means a licensed User position on your plan. Plans include a set number of seats; see clause 5.
• "Event" means a scheduled field activity in the Service, for example an in-store product demo or sampling session.
• "Order" means the online sign-up, plan selection, or written order form under which you subscribe to the Service.
• "Subscription Term" means the period for which you have subscribed, as set out in your Order (monthly or annual).

2. The agreement and acceptance

These Terms, together with any Order and our Privacy Policy, make up the entire agreement between you and Endcap for the Service. If there is any conflict, a signed Order takes precedence over these Terms, and these Terms take precedence over policies referenced within them. You accept these Terms when you create an account, click to accept, sign an Order, or use the Service. If you are accepting on behalf of an organisation, you confirm that you have authority to bind that organisation.

3. Accounts and eligibility

Endcap is a business-to-business service intended for organisations, not consumers. You must be at least 18 years old and able to enter into a binding contract to use the Service. You are responsible for the accuracy of your account details, for keeping login credentials secure, and for all activity under your account and your Users' accounts. Access is controlled by role, and each organisation's data is isolated from every other organisation's data. Notify us promptly at support@getendcap.com if you become aware of any unauthorised access.

4. Acceptable use

You and your Users must not misuse the Service, attempt to circumvent its security or tenant isolation, upload unlawful or infringing content, interfere with other customers, or use the Service to send unsolicited messages. We may suspend access to address a material or ongoing breach, a security risk, or unlawful activity, and will aim to give you reasonable notice where we can.

5. Subscriptions, plans, and trials

The Service is offered on a subscription basis. We currently offer a 14-day free trial, and paid plans: Starter, Growth, Scale, and Enterprise. Each paid plan includes a set number of seats and a monthly Event allowance, and some features are available only on higher plans. The current plans, prices, limits, and feature availability are set out on our pricing page, which forms part of these Terms.

• Free trial. A time-limited trial for evaluating the Service. We may change or end trials, or limit trial usage, at any time. Trial data may be deleted after the trial ends if you do not subscribe.
• Seat and Event limits. Your plan includes a maximum number of seats, a monthly Event allowance, and a storage allowance. If you reach a limit, you may need to upgrade to add more. We may decline or queue activity that would exceed your plan limits.
• Enterprise. Enterprise plans are priced and scoped on a custom basis under a separate Order, which may vary these Terms where expressly stated.

6. Fees, billing, taxes, renewals, and cancellation

You agree to pay the fees for your plan as shown at sign-up or on your Order. List prices are quoted exclusive of VAT and any other applicable taxes, which you are responsible for paying. Prices are available in US dollars, pound sterling, and euro.

• Billing cycle. You may be billed monthly or annually, as selected in your Order. Annual plans are charged at the equivalent of ten months' fees for twelve months' access.
• Payment. Fees are payable in advance for each billing period by the payment method on file, processed by our payment provider.
• Renewals. Unless you cancel before the end of the current period, subscriptions renew automatically for a further period of the same length at the then-current price. We will give reasonable notice of any price change before it applies to a renewal.
• Cancellation. You may cancel renewal at any time from your account or by contacting us; cancellation takes effect at the end of the current paid period. Except where required by law, fees already paid are non-refundable.
• Late or failed payment. If a payment fails or is overdue, we may suspend access until amounts due are paid. [to confirm]: grace period and dunning steps.

7. Customer Data and ownership

As between you and us, you own all Customer Data and retain all rights in it. You grant us a limited licence to host, process, and use Customer Data solely to provide, maintain, secure, and improve the Service for you. You are responsible for the accuracy and lawfulness of Customer Data and for having the rights and consents needed to provide it to us. Where Customer Data includes personal data, we process it on your behalf under our Data Processing Addendum, available on request from privacy@getendcap.com. Photos captured in the field have location and device metadata stripped, and files are stored using signed, time-limited access.

8. Intellectual property

We and our licensors own all rights in the Service, including the software, console, client portal, documentation, designs, and the Endcap name and brand. Except for the rights expressly granted in these Terms, no rights are transferred to you. You must not copy, modify, reverse engineer, resell, or create derivative works of the Service except as permitted by law. If you give us feedback, you grant us a non-exclusive, perpetual, royalty-free licence to use it to improve our products.

9. Confidentiality

Each party may receive confidential information from the other in connection with the Service. Each party agrees to protect the other's confidential information with reasonable care, to use it only to perform under these Terms, and not to disclose it except to those who need it and are bound by similar obligations. This does not apply to information that is or becomes public through no fault of the receiving party, was already known without restriction, is independently developed, or must be disclosed by law.

10. Third-party services and sub-processors

We use a small set of trusted third-party providers to host and run the Service, for example for cloud hosting and database storage, payment processing, email delivery, and AI features. Where these providers process personal data within Customer Data, they act as our sub-processors; a current list is available on request from privacy@getendcap.com. Some features rely on third-party services that you choose to connect, for example your own storage destinations for scheduled exports, or a read-only connection to business-intelligence tools. Your use of any third-party service is governed by that provider's own terms.

11. Warranties and disclaimers

We will provide the Service with reasonable skill and care and in line with these Terms. AI features, including Ask Endcap and AI-drafted summaries, produce outputs grounded in your own data, but they may not always be accurate or complete; a person at your organisation reviews, edits, and approves AI-drafted content before it is shared with a client, and you remain responsible for what you publish. Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Service is provided "as is" and we disclaim all other warranties, whether express or implied. We do not warrant that the Service will be uninterrupted or error-free. [to confirm]: whether any uptime commitment or service credits apply to any plan (negotiated for Enterprise).

12. Limitation of liability

Nothing in these Terms limits or excludes either party's liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited or excluded by law. Subject to that, and to the fullest extent permitted by law: neither party is liable for any indirect, special, or consequential loss, or for loss of profits, revenue, goodwill, or anticipated savings; and each party's total aggregate liability arising out of or in connection with these Terms is limited to the fees you paid or owed for the Service in the twelve months before the event giving rise to the claim. [to confirm]: the liability cap and any carve-outs with legal counsel.

13. Term and termination

These Terms apply for as long as you use the Service or have an active subscription. Either party may terminate for material breach that is not cured within a reasonable period after written notice. We may suspend or terminate access immediately for serious breaches, non-payment, or where required by law. On termination, your right to access the Service ends. For a limited period after termination, we will make Customer Data available for you to export. After that period, we will delete or de-identify Customer Data in accordance with our retention practices, except where we must keep it to comply with the law. [to confirm]: the post-termination export and deletion window.

14. Changes to the Service or these Terms

We are continually improving Endcap, and we may update the Service from time to time. We will not make changes that materially reduce the core functionality of your paid plan during a paid period without offering a reasonable alternative. We may also update these Terms; if we make a material change, we will give reasonable notice. Continuing to use the Service after a change takes effect means you accept the updated Terms.

15. Governing law and jurisdiction

These Terms, and any dispute arising out of or in connection with them, are governed by the laws of [to confirm] the governing-law jurisdiction, and the courts of that jurisdiction have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.

16. Contact

Questions about these Terms? Contact us at support@getendcap.com. For data-protection enquiries, contact privacy@getendcap.com. You can also reach us through our contact page. [to confirm]: a postal address for formal legal notices.

Read our Privacy Policy