Enterprise terms addendum

1. Definitions

1.1 “Availability” means, for a given calendar month, the percentage calculated as: (total minutes in such month minus all minutes of Downtime in such month) divided by total minutes in such month, multiplied by 100.

1.2 “Business Hours” means 09:00 to 18:00 (Eastern Time), Monday through Friday, excluding public holidays in the USA.

1.3 “Core Service” means the login, workspace-access, and generation-request-pipeline functionality of the Service. The Core Service does not include the inference, output quality, latency, or availability of Third-Party AI Providers.

1.4 “Downtime” means a period of five (5) or more consecutive minutes during which the Core Service returns server-side errors or fails to respond for all users of Customer’s workspace, as measured by Endless’s monitoring systems. Periods of Downtime of less than five (5) consecutive minutes, intermittent errors, and degraded performance of an individual feature shall not constitute Downtime. Downtime does not include any Excluded Event (Section 4).

1.5 “Monthly Fees” means the fees payable by Customer for the affected workspace for the calendar month in which the relevant Downtime occurred, excluding one-time fees, taxes, and overage or usage-based charges for third-party model consumption.

1.6 “Service Credit” means a credit, calculated as a percentage of Monthly Fees in accordance with Section 3, applied against Customer’s future invoices.

1.7 “Third-Party AI Provider” means any third-party provider of AI models or inference services listed on Endless’s Subprocessors page, as updated from time to time.

2. Scope

2.1 During the term of the applicable Order Form, and subject to Customer’s compliance with the Terms and payment of all applicable fees, Endless will provide the Core Service in accordance with the service levels set out in this Addendum.

2.2 This Addendum states Customer’s sole and exclusive remedies, and Endless’s sole and exclusive obligations, with respect to any unavailability, non-performance, or other failure of Endless to meet the service levels described herein.

3. Availability service level and service credits

3.1 Availability target. Endless will use commercially reasonable efforts to achieve Availability of at least 99.9% in each calendar month (the “Availability Target”).

3.2 Service Credits. If Availability in a calendar month falls below the Availability Target, Customer will be eligible to receive a Service Credit as follows:

3.3 Claims. To receive a Service Credit, Customer must notify Endless at support@endless.app within thirty (30) days of the end of the calendar month in which the relevant Downtime occurred, including the dates, times, and duration of the claimed Downtime and a description of the incident. Endless will verify the claim against its monitoring records and confirm or reject it within fifteen (15) business days. Failure to submit a claim within such period constitutes a waiver of the corresponding Service Credit.

3.4 Application and cap. Service Credits will be applied against Customer’s next invoice(s) or, if no further invoice will be issued, refunded. The aggregate Service Credits for any calendar month shall not exceed one hundred percent (100%) of the Monthly Fees for that month. Service Credits have no cash value, are non-transferable, and may not be exchanged.

3.5 Sole remedy. The Service Credits described in this Section 3, together with the termination right in Section 3.6, are Customer’s sole and exclusive remedy for any failure by Endless to meet the Availability Target.

3.6 Chronic failure; termination. If (a) Availability falls below 95.0% in any calendar month, or (b) Availability falls below the Availability Target in three (3) consecutive calendar months, Customer may terminate the affected Order Form upon written notice delivered within thirty (30) days of the end of the relevant month, and Endless will refund to Customer a pro-rata portion of any prepaid, unused fees for the terminated period.

4. Excluded events

Downtime shall not include, and no service level or Service Credit shall apply to, any unavailability, suspension, or performance issue to the extent caused by (each, an “Excluded Event”):

• (a) scheduled maintenance not exceeding four (4) hours per calendar month in aggregate, announced at least forty-eight (48) hours in advance and performed, where reasonably practicable, outside Business Hours;
• (b) emergency maintenance reasonably required to address a security vulnerability, security incident, or imminent threat to the Service or its users;
• (c) the unavailability, latency, deprecation, rate-limiting, quality degradation, or other non-performance of any Third-Party AI Provider or of any output generated by such provider; provided that Endless will use commercially reasonable efforts to route affected generation requests to alternative available models where feasible;
• (d) Customer’s or its users’ equipment, software, networks, or connectivity, or Customer’s or its users’ acts, omissions, misuse of the Service, or breach of the Terms;
• (e) suspension or termination of Customer’s access as permitted under the Terms, including for non-payment or violation of the acceptable-use provisions;
• (f) force majeure events, including acts of God, labor disputes, governmental action, war or civil unrest, failures of the internet or of telecommunications or hosting infrastructure not within Endless’s reasonable control, distributed denial-of-service or similar attacks, and region-wide outages of Endless’s hosting providers.

5. Enterprise support

5.1 Channels; availability. Endless will provide Enterprise Customers with priority support via support@endless.app and a dedicated shared channel. Support intake is available twenty-four (24) hours a day, seven (7) days a week. Automated systems may provide first-line intake, triage, and initial response; escalation to Endless personnel occurs in accordance with Section 5.2. Enterprise Customer requests are prioritized ahead of all non-enterprise support queues.

5.2 Severity levels and response times. Endless will respond to support requests in accordance with the following table. Severity is assigned by Endless in good faith, taking into account Customer’s classification.

Resolution objectives are targets and not guaranteed service levels. Resolution may consist of a reasonable workaround, with a permanent fix delivered in a subsequent release.

5.3 Contacts. Endless will designate a named escalation contact for Customer. Customer will designate up to two authorized support contacts and will provide reasonable cooperation, information, and access necessary for Endless to diagnose and resolve reported issues.

6. No training on customer content

6.1 Notwithstanding anything to the contrary in the Terms, Endless will not use Customer’s content to train, fine-tune, or otherwise improve any machine-learning or artificial-intelligence model, whether developed by Endless or by any third party, and will not authorize or permit any third party to do so.

6.2 Endless will route Customer’s content only to Third-Party AI Providers that are contractually restricted, or configured through the provider’s available controls, from using such content to train, fine-tune, or improve any model, and Endless will enable zero-data-retention options where the selected provider offers them.

6.3 Upon Customer’s written request, no more than twice per contract year, Endless will identify the Third-Party AI Providers and the no-training and retention settings applicable to Customer’s workspace.

7. Security and data protection

7.1 Endless will maintain administrative, technical, and organizational measures designed to protect Customer’s content and personal data, as described in Endless’s security documentation and Privacy Policy, including encryption in transit, scoped access controls, and least-privilege service credentials.

7.2 The parties will execute Endless’s Data Processing Agreement (the “DPA”), which is incorporated into this Addendum by reference. Endless processes personal data contained in Customer’s content as a processor on Customer’s behalf, in accordance with the DPA and applicable data-protection law, including the EU/UK GDPR where applicable.

7.3 Endless’s hosting and AI subprocessors maintain independent security certifications (including ISO 27001 and SOC 2), as identified on the Subprocessors page or available to Customer upon request. Information regarding the status of Endless’s own certification program is available upon request.

8. General

8.1 Except as expressly modified by this Addendum, the Terms remain in full force and effect, including all disclaimers, limitations of liability, governing law, and jurisdiction provisions, which apply equally to this Addendum.

8.2 Endless may update this Addendum on a going-forward basis with reasonable prior notice; updates will not reduce the service levels applicable to Customer during a then-current, already-paid Order Form term without Customer’s consent.

8.3 This Addendum, the applicable Order Form, the DPA, and the Terms constitute the entire agreement between the parties regarding the service levels for the Service and supersede any prior or contemporaneous representations regarding availability or support.