All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law. You agree that by using this Site, you are at least 18 years of age and legally able to enter into a contract.
1. General
The Blog Stop LLC ("Company," "we," "us," or "our") is the owner and operator of this website, https://endform.studio, and the Endform application (together, the "Site" or the "Service"). By accessing the Site or creating an account, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to services available through the Site or from the Company.
Please read these Terms of Service carefully to understand our terms regarding your use of the Site and the Service offered by The Blog Stop LLC. If you do not agree with our terms, your choice is not to use the Site. By accessing or using the Site, you agree to the Terms of Service.
It is your responsibility to review these Terms of Service periodically. We may revise these Terms of Service at any time. If we make a material change, we will notify you by email or by a notice on the Site. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the terms periodically for updates.
2. The Service and Your Licence to Use It
Endform is a web application that lets you create, publish and share brand hub pages. Subject to these Terms of Service and the limits of your plan, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your business, including work you do for your clients. You may not sublicense, resell, or provide the Service to third parties as a service of your own, other than by sharing the hubs you publish with the people they are intended for.
3. Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, templates, and the design, selection and arrangement thereof), other than Your Content as defined below, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Company's material on the Site, except as these Terms of Service or the ordinary operation of the Service permit. In particular, hub templates and the software that renders hubs remain the Company's property; the licence in Section 2 lets you use them to build and publish hubs, not to copy them out of the Service.
You do not have the right to delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site. If you copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Service, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
4. Your Content
The Service lets you upload, store, and publish content such as logos, colours, typography, images, files, and text ("Your Content"). You retain all ownership rights in Your Content. We claim no ownership of it.
So that we can operate the Service, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, and transmit Your Content solely as needed to provide the Service to you: to show it in the hub editor, to publish it on the hubs you choose to publish, to make it available for download from those hubs, and to keep backups. This licence ends when you delete the content or your account, except that copies may remain in routine backups for a limited time.
You represent and warrant that:
- You own or control all rights in and to Your Content, or have the permission of the rights holder (such as your client), and have the right to grant the licence granted above.
- All of Your Content does and will comply with these Terms of Service. You understand and acknowledge that you are responsible for Your Content, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not a party to any agreement between you and your clients. Any obligations you owe your clients about their brand assets are yours alone. We are not responsible, or liable to any third party, for the content or accuracy of Your Content or the content of any other user of the Site.
5. Accounts
To use the Service you must create an account. You agree to provide accurate and complete information and to keep it up to date. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us immediately at hello@endform.studio if you believe your account has been accessed without your permission. Accounts are for one person; you may not share your login or transfer your account without our consent.
6. Plans, Prices and Payment
The Service is offered on the plans described on the Site, including a free plan with limits and paid subscription plans. Paid plans are billed in advance on a recurring basis (monthly or annually, as you choose at checkout) and renew automatically at the end of each billing period until cancelled.
All prices posted on the Site are subject to change. If we change the price of your plan, we will give you notice by email at least 30 days before the change takes effect, and the new price will apply from your next renewal after that date. Posted prices do not include taxes; any applicable taxes will be added at checkout. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any subscription arising from such errors.
Payments are processed by our payment provider, Stripe. You represent and warrant that (i) the payment information you supply is true, correct and complete, (ii) you are duly authorized to use such payment method, (iii) charges incurred by you will be honored by your payment institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. If a payment fails, we may suspend or downgrade your account until it is resolved.
Plan limits, including how many hubs may be published at once and which features are available, are as described on the Site. If your subscription lapses or is downgraded, hubs beyond your new plan's limits may be taken offline until you upgrade or reduce the number of published hubs.
7. Cancellation and Refunds
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period; you keep access to your paid features until then, and you will not be charged again. Subscription fees are non-refundable, and we do not provide refunds or credits for partial billing periods, unused time, or unpublished hubs, unless required by law.
8. Published Hubs and Custom Domains
You decide which hubs to publish, and whether to protect them with a password. A published hub without a password can be viewed by anyone who has its address. Password protection is a convenience for controlling who sees a hub; it is not a guarantee of confidentiality, and you are responsible for choosing passwords and sharing them appropriately.
If you connect a custom domain to a hub, you represent that you own or have the right to use that domain, and you are responsible for its registration and DNS settings. We may disconnect a domain that we reasonably believe you are not entitled to use.
Hubs may display a "Designed by" credit and Endform branding as described on the Site for your plan.
9. Content Standards
These content standards apply to Your Content and to any use of the Service. Your Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Your Content must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.
Please note that we do not review Your Content before it is published, and cannot ensure prompt removal of objectionable material after it has been published. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
10. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site.
- To use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- To use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- To use any device, software or routine that interferes with the proper working of the Site.
- To introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- To attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- To otherwise attempt to interfere with the proper working of the Site.
11. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to publish any of Your Content for any or no reason at our sole discretion.
- Take any action with respect to any of Your Content that we deem necessary or appropriate at our sole discretion, including if we believe that such content violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material published by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your account and your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone publishing any materials on or through the Site.
If your account is terminated, your published hubs will be taken offline. Unless termination is for your breach of these Terms of Service, we will make reasonable efforts to give you an opportunity to retrieve Your Content before it is deleted.
You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
12. Copyright Infringement; Notice and Take Down Procedures
The Company specifically prohibits the publishing of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. The Company will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA"). The DMCA requires that notifications of claimed copyright infringement should be sent to the following email address: hello@endform.studio.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to or from this Site, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.
14. Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
15. Changes to the Site; Availability
We may update, change, or discontinue features of the Site and the Service from time to time. We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, at our sole discretion. Where a change materially reduces the Service you pay for, we will make reasonable efforts to notify you in advance. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users, for example for maintenance.
16. Geographic Restrictions
The owner of the Site is based in the state of Washington in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
17. Disclaimer of Warranties
We disclaim all warranties, including without limitation, those of non-infringement, merchantability, fitness for a particular purpose, and any warranties arising from a course of dealing, course of performance, or usage of trade with respect to the Site, the Service, or any content or any information, goods, or services that are available or advertised or sold through the Site.
No performance or other conduct, nor any oral or written information, statement, or advice provided by us or any of our agents or employees will create a warranty.
The Site, the Service and all content are available "as is." Company does not warrant that the Site or the Service will be uninterrupted or error-free, or that Your Content will never be lost. You are responsible for keeping your own copies of Your Content. There may be delays, omissions, interruptions, and inaccuracies in the information or other materials available through the Site or any content.
We reserve the right to correct any errors or omissions in the Site or content. We do not guarantee or warrant that the Site, content, or materials that may be downloaded from the foregoing do not contain viruses, worms, "trojan horses," or other destructive materials. We are not liable for any damages or harm attributable to such features.
18. Limitation of Liability
In no event shall the Company have any liability to you for any lost profits, loss of use, loss of data, business interruption, costs of procurement of substitute goods or services, or for any direct, indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not the party has been advised of the possibility of such damage; and in no event shall the Company's liability exceed the fees paid by you to the Company in the twelve months before the claim arose, whether in contract, tort or under any other theory of liability. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
19. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Site, including, but not limited to, Your Content, any use of the Site's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.
20. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), failures of third-party hosting or service providers, or telecommunication breakdown or power outage.
21. Governing Law and Jurisdiction
All matters relating to the Site and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
22. Successors and Assigns
This agreement shall inure to the benefit of and be binding upon the User and their respective heirs, legal personal representatives, successors and assigns.
23. Entire Agreement
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
24. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
25. Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Site should be directed to hello@endform.studio.