Terms of Service

Last updated: December, 2021

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Endex tools and web applications found at endex.app and associated subdomains (the "Service") operated by Endex, Inc. and its affiliated companies ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service in any capacity. By accessing or using the Service you agree to be bound by these Terms and the Privacy Policy. If you disagree with any part of the Terms, then you do not have permission to access the Service. The goal of the Service is to help users manage and improve their financial literacy by accessing Endex platform and services. The Service includes, among others, a few core features such as a social trading, portfolio copying, and performance tracking. Items which are delivered in the Endex application. The Service stores and tracks parts of your personal financial picture including account balances and other data necessary to provide you with the services. The Service may also present you information relating to third party products or services that you may be interested in. The Service may also provide you with general information, market information, among other information that do not constitute as investment advice. Some of these recommendations and other content may be sent by email as part of the Service. The Service may change over time. Features may be added or removed at the sole discretion of Endex. When you create an account with us, you certify that you are above the age of 18, have a valid U.S. Social Security number, are currently in the United States, are registering an account only for yourself, and that the information you provide us is accurate, complete, and current as often as possible. If you do not do this, the accuracy and effectiveness of the Service will be affected. Inaccurate, incomplete, or obsolete information may result in improper calculations, planning, or recommendations. Inaccurate, incomplete, or obsolete information may also result in the immediate termination of your account on the Service. You must use a current and valid email address for registration and update that email address in your profile if any changes occur. By registering and providing your email address, you agree to receive electronic communications about your account and financial plan, including offers, advertising, recommendations, tips, education, updates, etc. Your preferences for email may be updated via the third-party email provider used to send you these communications. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders or accounts in our sole discretion. You may not sell, transfer, share, or assign your account to anyone else, but you may invite a spouse or partner to access and edit the core information by creating a joint profile. As described in our Privacy Policy, we may use your financial information as provided and other information we obtain about you to prepare plans, reports, action items, and recommendations. Our analysis, estimates, and forecasts are for illustrative and informational purposes. These are based on general assumptions and on the information provided. The content shown and recommendations provided is based on our proprietary methodology and we may elect to consider, ignore, emphasize, or de-emphasize any factors in our sole discretion. We also provide recommendations to explore content from other users. We do not guarantee their content or information is accurate. Endex is not a credit counselor, registered investment advisor, legal advisor, tax advisor, or broker dealer as defined by state or federal law. Endex does not provide legal, tax, or investment advice. The Service is intended to serve educational purposes. Your personal financial situation is unique and therefor any information or advice obtained through the Service may not be appropriate for your situation. Use of our Service is not a replacement for personal or professional advice, particularly as it relates to investments. Our Service contains links to third party web sites or services that are not owned or controlled by Endex, Inc. Endex, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities, individuals, or their websites. You acknowledge and agree that Endex, Inc. shall 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 such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. Endex may provide links to and experiences on social media platforms such as Facebook®, Twitter®, LinkedIn®, and Instragram®. These platforms enable online sharing and collaboration among our users, their users, and the general public. Any content that you post, including pictures, information, opinions, and invitations is subject to the Terms of Use and Privacy Policies of those organizations. Endex is not responsible or liable for your use of those platforms. We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Your access and use of the Service may be interrupted on occasion for reasons such as, but not limited to, maintenance, malfunction, updating. Endex is not liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime. If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of trade orders. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. The Service and its original content, features and functionality are and will remain the exclusive property of Endex, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Endex, Inc. Our Service may also display certain intellectual property, such as company name, product names, service names, logos, and colors that are owned by our partners. This agreement does not grant you any rights or license to modify, copy, display, or otherwise use any intellectual property owned by Endex or its partners. By submitting, posting, or providing us comments, suggestions, or ideas (“Feedback”) you grant us a non-exclusive unrestricted, perpetual, irrevocable, transferable, assignable, sub-licensable, royalty-free license to use your Feedback in any manner or for any purpose without compensating you. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service and unsubscribe from emails. If you wish to have your account deleted and your information purged, you may make this request by email or mail at the contact information at the end of these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree to defend, indemnify and hold harmless Endex, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, b) a breach of these Terms c) your use, interpretations, or applications of the financial plans, reports, or recommendations that we provide. In no event shall Endex, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Endex, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements or improve your financial situation. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. These Terms shall be governed and construed in accordance with the laws of Utah, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice by posting such terms on the site prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. If you have any questions about these Terms, please contact us by email at info@endex.app or by mail at 47F 105 W 29th ST, New York, NY 10001.