1. Introduction

Welcome to Endgame ("we," "us," or "our"), a Platform as a Service provided by Serverless Inc. This document outlines the Terms of Service ("Terms") and Privacy Policy governing your use of our services ("Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our Services.

2. Terms of Service

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent that you meet these requirements.

2.2 Account Registration

To access our Services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.

2.3 Service Use

We grant you a non-exclusive, non-transferable, revocable license to use our Services for your applications, subject to these Terms. You agree to:

  • Comply with all applicable laws and regulations.
  • Not use our Services for illegal, harmful, or unauthorized purposes.
  • Not interfere with or disrupt the integrity or performance of our Services.
  • Not attempt to gain unauthorized access to our systems or networks.

2.4 Content Ownership and Responsibility

You retain ownership of any data, code, or content you upload or create using our Services ("Customer Content"). You are solely responsible for the legality, accuracy, and compliance of your Customer Content. We do not claim ownership but require a worldwide, non-exclusive, royalty-free license to host, store, and process your Customer Content to provide our Services.

2.5 Prohibited Activities

You may not:

  • Use our Services to store or transmit malicious code, viruses, or harmful content.
  • Engage in activities that violate intellectual property rights or third-party rights.
  • Use our Services to harass, abuse, or harm others.
  • Attempt to reverse-engineer, decompile, or otherwise extract our proprietary code.

2.6 Right to Refuse Service

We reserve the right to refuse service to anyone, at our sole discretion, with or without cause, and may suspend or terminate your account if you violate these Terms or for any other reason we deem appropriate.

2.7 Payment and Billing

You agree to pay all fees associated with your use of our Services as outlined in your selected plan. Fees are non-refundable except as required by law. We may modify pricing with prior notice. You are responsible for providing valid payment information and keeping it updated. Failure to pay may result in suspension or termination of your account.

2.8 Service Availability

We strive to provide reliable Services but do not guarantee uninterrupted or error-free operation. We may perform maintenance or updates that temporarily affect availability. We are not liable for any downtime or service interruptions.

2.9 Termination

You may terminate your account at any time through your account settings. We may suspend or terminate your account for violation of these Terms, non-payment, or at our discretion. Upon termination, your access to our Services will cease, and we may delete your Customer Content after a reasonable period.

2.10 Intellectual Property

Our Services, including all software, designs, and trademarks, are owned by Serverless Inc. or our licensors and protected by intellectual property laws. You may not use our intellectual property without express written consent.

2.11 Limitation of Liability

To the maximum extent permitted by law, Serverless Inc. is not liable for any indirect, incidental, special, or consequential damages arising from your use of our Services, including loss of data, profits, or business opportunities. Our total liability shall not exceed the fees paid by you in the preceding 12 months.

2.12 Indemnification

You agree to indemnify and hold Serverless Inc. harmless from any claims, damages, or losses arising from your use of our Services, your Customer Content, or your violation of these Terms.

2.13 Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Marin County, California.

2.14 AI Usage and Training

Our Services utilize artificial intelligence (AI) technology to provide enhanced functionality and support. By using our Services, you acknowledge and agree that:

  • We may use AI systems to process, analyze, and respond to your inputs and requests.
  • We may use your interactions, inputs, outputs, and usage patterns to train, improve, and develop our AI models and Services.
  • AI-generated responses may not always be accurate or complete, and you should verify important information independently.
  • You retain ownership of your Customer Content, but grant us rights to use it for AI training and service improvement as outlined in these Terms.

2.15 Changes to Terms

We may update these Terms at any time. We will notify you of material changes via email or through our Services. Continued use of our Services after changes constitutes acceptance of the updated Terms.

3. Privacy Policy

3.1 Data Collection

We collect the following information:

  • Account Information: Name, email, billing details, and other information you provide during registration.
  • Usage Data: Information about how you interact with our Services, including IP addresses, browser types, and access times.
  • Customer Content: Data and code you upload or process through our Services.
  • AI Interaction Data: Your inputs, outputs, commands, and interactions with our AI-powered features.

3.2 Data Use

We use your information to:

  • Provide, maintain, and improve our Services.
  • Process payments and manage your account.
  • Communicate with you about updates, security alerts, or support.
  • Train, improve, and develop our AI models and machine learning systems.
  • Analyze usage patterns to enhance AI performance and service functionality.
  • Comply with legal obligations and enforce our Terms.

3.3 Data Storage and Security

All data is stored in the United States. We implement reasonable technical and organizational measures to protect your data from unauthorized access, loss, or disclosure. However, no system is completely secure, and we cannot guarantee absolute security.

3.4 Data Sharing

We do not sell your personal information. We may share your data:

  • With service providers who assist in delivering our Services (e.g., payment processors, hosting providers), under strict confidentiality agreements.
  • To comply with legal obligations, such as responding to subpoenas or court orders.
  • In connection with a merger, acquisition, or sale of assets, with notice to you.

3.5 Data Retention

We retain your data for as long as your account is active or as needed to provide our Services. After account termination, we may retain data for a reasonable period to comply with legal obligations or resolve disputes.

3.6 Your Rights

You may:

  • Access, update, or delete your account information through your account settings.
  • Request a copy of your data or its deletion by contacting us at support@serverless.com.
  • Opt out of non-essential communications, such as marketing emails.

3.7 Cookies and Tracking

We use cookies and similar technologies to enhance your experience and analyze usage. You can manage cookie preferences through your browser settings.

3.8 Third-Party Links

Our Services may contain links to third-party websites. We are not responsible for their privacy practices or content.

3.9 Children's Privacy

Our Services are not intended for individuals under 13. We do not knowingly collect data from children under 13. If we learn such data has been collected, we will delete it.

3.10 International Data Transfers

As all data is stored in the USA, international users acknowledge that their data will be transferred to and processed in the United States, subject to U.S. laws.

3.11 Contact Us

For questions about these Terms or our Privacy Policy, contact us at support@serverless.com.

4. Miscellaneous

  • Entire Agreement: These Terms and Privacy Policy constitute the entire agreement between you and Serverless Inc. regarding our Services.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
  • Waiver: Our failure to enforce any right does not constitute a waiver of that right.
  • Assignment: You may not assign these Terms without our consent. We may assign these Terms without restriction.

Last Updated: June 5, 2025