Terms of Service

By accessing or using Endlss, you agree to be bound by these terms. If you do not agree, please do not use the service.

About Endlss and Splondge

Endlss is a trading name and subsidiary of Splondge Ltd, a company registered in England and Wales (company number 14727168). Registered address: International House, 55 Longsmith Street, Gloucester, England, GL1 2HT.

Splondge Ltd is the legal entity that owns, operates, and is responsible for the Endlss platform. All payments, subscriptions, and billing are processed and managed by Splondge Ltd. References to "Endlss", "we", "us", or "our" in these terms refer to Splondge Ltd trading as Endlss.

For company enquiries, Splondge Ltd can be contacted at hello@splondge.co.uk.

Eligibility

You must be at least 18 years old to use Endlss. By using the service, you confirm that you meet this requirement. If we become aware that an account is held by someone under 18, we reserve the right to suspend or terminate that account without notice.

In some jurisdictions we may ask you to verify your age. This may mean providing a valid form of identification or payment to demonstrate you are over 18. We perform age verification using our online tools which may involve sharing your information with trusted third-party services. We do not store any of your personal information used for age verification and it is only used to confirm your eligibility to use Endlss.

Age verification is a one-time process.

Accounts and registration

To access most features of Endlss, you must register for an account. When you register for an account you may be required to provide us within information about yourself, such as your name, date of birth and location. You agree that the information you provide will be accurate, complete and not misleading. You agree to maintain this information throughout the time you use the account. Further, you may be asked to verify your age which is done by our online verification tools and you will be required to provide further details, documents and possibly a live video of yourself ("a selfie") during that process. This information is not kept, but used at that time to verify your age.

You are solely responsible for the security of your account and any activity that occurs under your account. If you no longer believe your account is secure, then you should immediately contact accounts@endlss.co.

You are solely responsible for the content you post to Endlss via your account either directly or via our browser extension tools. You are solely responsible for the collections you create and share.

You must confirm your email address before you can use the core features of Endlss. If your email address cannot be verified, access may be restricted.

Access from restricted countries

Endlss is intended for visitors and users in Europe. We make no representation that Endlss will operate or be available in other locations or outside Europe. Access to Endlss from countries or territories where such is illegal is prohibited.

Some countries have specific regulations regarding online services that Endlss may take content from. Endlss complies with these regulations by not permitting content from those sources to users in those countries (content by proxy).

User content

Endlss permits users to submit, upload, publish, broadcast and collect content on its service. This content may include video, image and audio (including sounds, voices, recordings and musical recordings embodied in video or audio), AI models, generated images, algorithms, data and text of authorship or other works ("User Content").

The original author of any User Content retains the rights to that User Content. Users retain any copyright and other proprietary rights that you may hold in the User Content, subject to the licences granted by the original author and by these terms.

By posting User Content to our service, you grant Endlss a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and licence (with the right to sublicence through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of digital audio transmission), communicate in public, reproduce, modify for the purpose of formatting for display, create derivative works as authorised in these terms and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed.

You agree to pay all monies owing to any person or entity resulting from posting User Content and from Endlss's exercise of the licence set forth in this section. You agree that if you set any of your User Content as "public", your User Content (and any content by other authors you must hold licences for), may be viewed by other users and you hereby grant each user a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use, display, publish, reproduce, distribute and make derivative works of that User Content through Endlss, unless another licence is specified by the original author or by you on your profile for your User Content (see Licence section in your Settings). If you set your content as "private", we will use all reasonable commercial measures to keep such User Content confidential and protected from unauthorised access or disclosure by a third-party, subject to our rights to access and use such User Content has under these terms and our Privacy Policy.

Prohibited content

The following User Content is expressly prohibited on Endlss and will be flagged or removed:

Prohibited content includes (but is not limited to):

1. AI (artifical intelligence) generated content that uses, reproduces, or is based on the likeness of real people - living or deceased - including public figures, celebrities, influencers and private individuals, in any context
2. Content involving minors (under 18 years old) in any sexualised context or context that insinuates, or portrays sexual intent, including but not limited to:
   • All stylised anime, or cartoon depicting children in inappropriate or sexualised situations
   • "Loli", "Lolicon", "Shota" or "Shotacon" content
   • Photorealistic minors in any context
   • "Barely legal" representations or content that may be considered by a reasonable person as an attempt to suggest the content has under-18 portrayal
   • Content that depicts adults in child settings ("school children", "infants", "toddlers" etc.)
3. Illegal or violent activities, including:
   • Depictions of incest, including sexual activity between immediate or close biological family members
   • Child abuse, exploration and endangerment
   • Rape, sexual violence or domestic abuse
   • Depictions of human death, brutal violence or graphic injuries or gore
   • Bestiality
4. The following content depicting sexual activity or context that insinuates, or portrays sexual intent:
   • Weapons aimed at or pointed toward individuals
   • Promotion or depiction of illegal substances or regulated products (e.g. narcotics, pharmaceuticals)
   • Vomit
5. The depiction of the following bodily excetions and related content, regardless of context:
   • Urine
   • Feces (scat, coprophagia, gaseous emission, object or lifeform being ejected from an anus etc.)
   • Menstruation
   • Smegma
   • Diapers or nappies
6. Self-harm, body image disorders, or promotion of dangerous behaviour:
   • Cuttin, mutilation or suicide themes
   • Depictions of anorexia, bulimia or other disordered eating
7. Content that promotes harm, hate or extremist ideologies, including:
   • Hate speech or imagery targeting groups or individuals
   • Extremist propoganda or incitement to violence
8. Content depicting sexual activity while in a mind-altered state, including:
   • Being drunk, drugged, under hypnosis, or mind control
9. Misleading or impersonated content:
   • Falsely labeled content claiming to be from another creator or author
   • Impersonation of real individuals or creators
10. Nudity-manipulation, tools or AI-workflows that:
    • Nudify real individuals, or remove clothing or otherwise

Any content that violates one (or more) of the terms above that has attempted to self-censor or circumvent moderation or detection with blurring or black-bars or other means will also be subject to deletion.

Users that have content that breaches these strict content rules, or attempt to breach these strict content rules will have their accounts banned and suspended. Endlss may, at its descretion provide details to law enforcement if the material that is in breach warrants such.

Rights to content you post

You must have the rights to the content you post. You must not post (or make public) any User Content if you are not the owner (or do not have the licence), or are not fully authorised to grant rights in all of the elements of that User Content as set forth in these terms. Endlss disclaims any all liability in connection with User Content. You are solely responsible for (i) your User Content and the consequences of providing User Content to Endlss via our service and (ii) all licence terms related to User Content. By providing User Content to Endlss, you affirm, represent and warrant that:

• (a) you are the creator and owner of the User Content, or have necessary licences, rights, consents and permissions to authorise Endlss and Users in the manner set out in these terms;
• (b) your User Content and the posting or other user of your User Content as set forth in these terms, does not (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract or proprietary right; (ii) slander, defame, libel or invade the right of privacy, publicity or other property rights of any other persons; or (iii) cause Endlss to violate any law or regulation or require us to obtain any further licence from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
• (c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, harrassing, threatening, embarrassing, hateful or otherwise inappropriate subject to the context.

Reporting content

You are encouraged to report any inappropriate User Content that violate these terms or our publishing polices. Reports can be submitted through our mechanism on each piece of media or if you prefer you can contact us via the Help section.

When you report content, we automatically hide it from your view. If we agree with your report, the content will be removed. If we disagree, the material will remain, but you won't see it again unless you choose to unblock it.

Communications

Endlss may need to communicate with you for various reasons, including account updates, policy changes, and important notifications.

The methods we use are:

• Push notifications: when you install our app on your mobile device, you agree to receive push notifications which are messages an app sends you on your device when you are not in the app. You can turn these notification off by visiting the notifications menu within your device.
• Email: we may send you important updates, promotional content or other information via email. You can manage your email preferences in your account settings.

Prohibited Conduct

By using our service, you agree to not:

1. use the service for any illegal purpose or in violation of any local, state, national or international law;
2. harass, threaten, demean, embarrass, bully or otherwise harm any other user;
3. violate or encourage others to violate, or provide instructions on how to violate any right of a third party, including infringing or misappropriating any third-party intellectual property right;
4. access, search, or otherwise use any portion of the service through the use of an engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Endlss;
5. interfere with security related features of the service including: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the service except to the extent that the activity is expressly permitted by law;
6. interfere with the operation of the service or any user's enjoyment of the service, including by (i) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code; (ii) making unsolicited offers or advertisements to another user; (iii) collecting personal information about another user or third-party without consent; or (iv) interfering with or disrupting any network, equipment or server connected to or used to provide the service.
7. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other service account without permission;
8. creating or using mulitple accounts for the primary purpose of manipulating statistics or other metrics, or otherwise attempting to, or gaining an unfair advantage;
9. using bots, scripts or any form of automation to manipulate the system or statistics;
10. submit spam, advertisement, or malicious or low-effort content to the service;
11. direct traffic to other web destinations unless linking to the original source of the image or media;
12. create or maintain multiple accounts — each user is permitted one account only;
13. sell or otherwise transfer the access granted under these terms or any materials or any right or ability to view, access or use any materials; or
14. attempt to do any of the acts described in Prohibited Conduct or assist or permit any person engaging in any of the acts described in this section.

Intellectual property rights

Respect of third party rights: Endlss respects the intellectual property rights of others and takes the protection of intellectual property rights very seriously and requests users do the same. Infringing activity will not be tolerated on or through the service.

DCMA notification: Endlss is governed by UK (English) law. We however will comply and honour the provisions of the Digital Millenium Copyright Act (DMCA) applicable to internet service providers (17 U.S.C. § 512, as amended). If you have intellectual property rights related complaint or query about any material on Endlss, please contact us at takedown@endlss.co.

Reporting claimed infringement

If you believe that any content made available on Endlss has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly contact takedown@endlss.co and include the following information:

• (a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other right being infringed;
• (b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
• (c) a description of the material that you claim is infringing and where it is located on Endlss;
• (d) your address, telephone number and email address;
• (e) a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
• (f) a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorised to act on the copyright owner's behalf;

Your notification of claimed infringment may be shared by Endlss with the user alledged to have infringed the right you own or control as well as with operators of publicly available databases that track notifications of claimed infringment and you consent to Endlss making such disclosures. You should consult with your own lawyer/legal representation to confirm your obligations to provide a valid claimed infringment.

Repeat Infringers: Endlss's policy is to: (a) remove or disable access to material that Endlss believes in good faith, upon notice from an intellectual property rights owner or authorised agent, is infringing the intellectual property rights of a third party by being made available through the service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the service by any user who repeatedly or egregiously infringes other people's copyright or other intellectual property rights. Endlss will terminate the accounts of users that are determined by Endlss to be repeat infringers. Endlss reserves the right, however, to suspend or terminate accounts of users in our sole discretion.

Counter notification

If you receive a notification from Endlss that material made available by you on or through the service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Endlss with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Endlss's Designated Agent through one of the methods identified above, and include substantially the following information:

• (a) your physical or electronic signature;
• (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in your district, or if you are outside the United States, for any judicial district in which Endlss may be found, and that you will accept service of process from the person who provided the original notification of claimed infringement or an agent of such person.

Any party submitting a Counter Notification should consult with their own legal counsel to confirm the party's obligations to provide a valid counter notification under the (US) Copyright Act.

Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Endlss in response to a Notification of Claimed Infringement, then Endlss will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Endlss will replace the removed User Content or cease disabling access to it in 10 business days, and Endlss will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Endlss's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on Endlss's system or network.

False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Endlss relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Endlss reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

Modification of terms

Endlss reserves the right to modify these terms at any time. We will provide notice of changes by updating the "Last Updated" date at the top of this page. Your continued use of Endlss after any such changes constitutes your acceptance of the new terms.

Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, including any third-party API integrations made available through the Service, and you will defend and indemnify Endlss, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Endlss Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service, including User Content of other Users; (2) your use of third-party API services accessible through the Service, including, without limitation, any claims or disputes arising from the performance, accuracy, or legality of such third-party services; (3) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (4) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (5) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Disclaimers

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ENDLSS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ENDLSS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ENDLSS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. 16.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ENDLSS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ENDLSS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION (DISCLAIMERS; NO WARRANTIES BY ENDLSS) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Endlss does not disclaim any warranty or other right that Endlss is prohibited from disclaiming under applicable law.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ENDLSS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, ANY MATERIALS OR CONTENT ON THE SERVICE, OR ANY THIRD-PARTY SERVICES OR APIs ACCESSED THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ENDLSS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ENDLSS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, ANY THIRD-PARTY SERVICES OR APIs ACCESSED THROUGH THE SERVICE, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO ENDLSS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US$100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Dispute resolution

You and Endlss agree that every dispute arising in connection with these terms, the service, or communications from us will be resolved through binding arbitration. You understand and agree that by entering into these terms you and Endlss are each waiving any right to a trial by jury or to participate in a class action.

Exceptions

Although we are agreeing to arbitrate most disputes between us, nothing in these terms will be deemed to waive, preclude or otherwise limit the right of either party to (a) bring an individual action in small claims court, (b) pursue an enforcement action through the applicable legal process if that action is available, (c) seek injunctive relief in a court of law in aid of arbitration or (d) file a claim in a court of law to address an intellectual property infringement claim.

No class actions

You and Endlss agree that each may bring claims against the other only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Governing law

These terms are governed by the laws of England and Wales. We make no representation that materials included in our service are appropriate or available for use in other locations.

Apple notice

This section only applies to users accessing the service through Apple iOS devices. You acknowledge that these terms are between you and Endlss only and not with Apple, Inc. ("Apple"). Apple is not responsible for the service or the content of it. Apple has no obligation to furnish any maintenance and support services to you in respect to the service. You hereby warrant you are not in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country. Or you are not listed on any U.S. Government list of prohibited or restricted parties.

Changes to these terms

We may update these terms from time to time. Continued use of the service after changes constitutes acceptance of the updated terms.