Terms of Service

1. Acceptance of these Terms

By creating an account, clicking "I agree", or using any part of the Service, you confirm that you have read, understood and agreed to these Terms and to the Privacy Policy, the Acceptable Use Policy, the Cookie Policy, and the Refund Policy, each of which is incorporated into these Terms by reference. If you use the Service on behalf of an organisation, you confirm that you have authority to bind that organisation.

2. Definitions

• "We", "us", "our": The Endlessness, operator of The Endlessness, reachable at Rua Visconde Seabra nº27, 1600-766 Lisbon, Portugal, email info@theendlessness.com.
• "You", "user": any person who creates an account or otherwise uses the Service.
• "Service": the website at https://theendlessness.com, the web application at https://app.theendlessness.com, and any related software, content, APIs, and support channels we make available.
• "User Content": anything you submit, create, or upload through the Service, including character data, campaign narratives, prompts, notes and images.
• "AI Output": text generated by the Service in response to your inputs, including narrative responses, rules adjudications and dice narrations.
• "Subscription": a paid plan described at https://theendlessness.com/pricing.
• "Consumer": a natural person acting outside their trade, business, craft or profession, within the meaning of Portuguese Decreto-Lei no. 24/2014 and Directive 2011/83/EU.

3. Eligibility

You must be at least 16 years old to use the Service. If you are under the age of majority in your country of residence, you confirm that your parent or legal guardian has read and accepted these Terms on your behalf. We may refuse service, close accounts, or remove content if we reasonably believe the account holder does not meet this age requirement.

The Service is not available in countries where our provision of it would be unlawful. You are responsible for checking that your use of the Service complies with the law of your country of residence.

4. Accounts and security

• You are responsible for maintaining the confidentiality of your credentials and for every action taken under your account.
• You agree to give us accurate registration information and to keep it up to date.
• You must tell us without delay if you suspect your account has been compromised, by writing to info@theendlessness.com.
• You may not create an account using another person's identity, nor may you share your account with others in a way that exceeds the usage limits of your plan.

5. The Service we provide

The Endlessnessis an AI-powered application for playing Dungeons & Dragons 5th Edition. It generates narrative text, manages character and campaign state, enforces rules drawn from the D&D 5e System Reference Document 5.2.1, and provides related tools. The precise features available depend on your Subscription tier. We may add, remove, or change features from time to time, subject to section 16.

6. Licence we grant to you

Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service for your own non-commercial enjoyment of tabletop role-playing. This licence does not include any right to:

• resell, redistribute, rent, lease or sublicense the Service or any part of it;
• scrape, crawl, or otherwise extract data from the Service except as we expressly permit;
• train or fine-tune machine learning models on any part of the Service or on AI Output;
• reverse engineer, decompile, or disassemble any software provided as part of the Service, except to the extent the law expressly allows despite this clause;
• remove, alter or obscure any proprietary notice.

7. Your content

You keep all intellectual property rights in your User Content. To run the Service, you grant us a worldwide, royalty-free, non- exclusive licence to host, store, reproduce, transmit, adapt (including for formatting and display), and create derivative works of your User Content strictly as needed to:

• operate and improve the Service,
• generate AI Output in response to your inputs,
• enforce these Terms and apply safety measures,
• comply with legal obligations.

This licence ends when you delete the User Content or your account, except where (a) it is reasonably necessary to retain backups for limited periods, (b) the content has already been shared with another user who has a valid reason to keep it, or (c) we must retain it to comply with law.

You are solely responsible for your User Content. You confirm that it does not infringe anyone's rights, does not break the law, and does not violate the Acceptable Use Policy.

8. AI-generated output

AI Output is generated on the fly by models that can produce inaccurate, biased, offensive, or made-up content. It is for entertainment and creative use only. Do not rely on it for medical, legal, financial, safety-critical, or any other decision with real- world consequences. We do not guarantee that AI Output is accurate, complete, current, lawful, or fit for any particular purpose.

Subject to the rest of these Terms, we assign to you any rights we may have in the AI Output generated in response to your inputs, to the maximum extent such rights exist. Because AI Output may not be protectable by copyright in every jurisdiction, we cannot guarantee that you will have exclusive rights in any given piece of output. AI Output generated for other users may be similar or identical to yours. You are responsible for any use you make of AI Output, including verifying that you have the right to use it in your chosen context.

We do not use your User Content or AI Output to train the underlying AI models used to operate the Service, and our AI inference providers are contractually barred from doing so for their own purposes.

9. Acceptable use

You must follow our Acceptable Use Policy, which sets out the content and conduct that is not allowed on the Service. Breach of that policy is a material breach of these Terms and may lead to the measures described in section 17.

10. D&D SRD and third-party trademarks

This product includes material from the System Reference Document 5.2.1 (the "SRD 5.2.1") by Wizards of the Coast LLC, available at https://dnd.wizards.com/resources/systems-reference-document and licensed under the Creative Commons Attribution 4.0 International Licence (https://creativecommons.org/licenses/by/4.0/legalcode). The Endlessnessis an independent product and is not affiliated with, endorsed, or sponsored by Wizards of the Coast LLC. "Dungeons & Dragons", "D&D", and their associated logos are trademarks of Wizards of the Coast LLC and are used here solely for nominative reference to the rule system.

11. Fees, plans and billing

Subscriptions are offered at the prices listed at https://theendlessness.com/pricing. Prices are shown in the currency indicated. Where Portuguese or EU law requires, prices include applicable VAT; otherwise VAT is added at checkout based on your billing country.

Payments are processed by our payments provider. By subscribing you authorise us, through that provider, to charge the payment method on file for the recurring Subscription fee on each renewal date until you cancel. If a payment fails, we may retry the charge and, after a grace period, downgrade your account to the free tier or suspend access.

12. Renewal, upgrades and downgrades

Subscriptions renew automatically at the end of each billing period for another period of the same length, at the then-current price, unless you cancel before the renewal date. You can cancel from the billing section of your account at any time. Cancellation takes effect at the end of the current paid period, and you keep access until then.

If you upgrade mid-period, the new plan takes effect immediately and we charge the pro-rated difference. If you downgrade, the change takes effect at the end of the current period. We will tell you in advance about any price increase and give you a reasonable chance to cancel before the new price applies.

13. Right of withdrawal for EU consumers

If you are a Consumer in the EU or EEA, you have the right to withdraw from a Subscription within 14 days of the contract date, without giving any reason, under Portuguese Decreto-Lei no. 24/2014 and Directive 2011/83/EU. Full details, including the express consent and acknowledgement required for immediate access to digital content and services, are in the Refund Policy. A model withdrawal form is included there.

14. Refunds

Our refund practice, beyond the statutory withdrawal right, is set out in the Refund Policy. Nothing in these Terms removes your mandatory statutory rights.

15. Free tier and beta features

The free tier is offered free of charge. We may change the quotas or features of the free tier, or discontinue it, with reasonable notice. Features marked "beta", "preview" or "experimental" are provided "as is" so that you can try them. We may change or remove beta features without notice. Your feedback on beta features is welcomed and will be used, in a non-personal form, to improve the Service.

16. Availability and changes

We do our best to keep the Service available at all times, but we do not guarantee uninterrupted availability. We may plan maintenance, push updates, or roll back changes to protect users, comply with law, or fix security issues. We may also change features, limits or pricing with reasonable advance notice to affected users.

Where a change materially reduces a Subscriber's benefits during a paid period, the Subscriber can cancel the Subscription and obtain a pro-rated refund for the unused portion, as allowed by EU consumer law.

17. Suspension and termination

We may suspend or close your account, remove User Content, or restrict specific features if:

• you materially breach these Terms or the Acceptable Use Policy,
• we reasonably suspect fraud, abuse, chargebacks, or a security risk to other users,
• a payment fails and is not resolved within a reasonable grace period,
• we are required to do so by law or a binding order of a competent authority.

Where the law allows, we will give you reasonable notice and a chance to explain or fix the issue before taking action. You can close your account at any time by writing to info@theendlessness.com or using the deletion option in your settings. Closure ends your licence to use the Service. Clauses that by their nature survive termination (including sections 7, 8, 19, 20, 21 and 28) will continue to apply.

18. Warranties and consumer guarantees

Outside of mandatory consumer law, the Service and all AI Output are provided "as is" and "as available", without any warranty of merchantability, fitness for a particular purpose, title, or non- infringement. We do not warrant that the Service will be error-free, uninterrupted, or free of harmful components.

Nothing in these Terms excludes, limits, or restricts any right or remedy that cannot be excluded, limited or restricted under Portuguese law or EU consumer law. In particular, nothing here affects the statutory guarantees of conformity under Decreto-Lei no. 84/2021, which implements Directive (EU) 2019/770 on contracts for the supply of digital content and digital services.

19. Limitation of liability

To the maximum extent permitted by law, and except as provided in the next paragraph, our total aggregate liability to you under or in connection with these Terms and the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the greater of:

• the total fees paid by you to us for the Service during the 12 months immediately before the event giving rise to the claim, or
• one hundred euros (EUR 100).

We exclude liability for indirect, incidental, consequential, special, or punitive damages, loss of profits, loss of revenue, loss of goodwill, loss or corruption of data, or loss of opportunity, even if we have been advised of the possibility of such damage.

Nothing in these Terms limits or excludes our liability for:

• death or personal injury caused by our negligence,
• gross negligence or wilful misconduct,
• fraud or fraudulent misrepresentation,
• any liability that cannot be limited or excluded under Portuguese law or mandatory EU consumer law.

20. Your indemnity

You agree to indemnify and hold The Endlessness, its affiliates, officers, employees and contractors harmless from any third-party claim, loss, damage, or reasonable legal cost arising from (a) your User Content, (b) your breach of these Terms or any policy incorporated into them, or (c) your infringement of any third-party right. This clause does not apply to Consumers to the extent that applicable law prohibits such an indemnity.

21. Our intellectual property

Except for (i) User Content, (ii) the SRD 5.2.1 material referred to in section 10, and (iii) any third-party components used under their own licences, all rights in the Service, including the underlying software, trained prompts, brand, logo, and any other original content, are owned by us or licensed to us. Nothing in these Terms transfers those rights to you.

22. Copyright complaints

If you believe content on the Service infringes your copyright, send a notice to info@theendlessness.com containing: (i) your contact details, (ii) identification of the work claimed to be infringed, (iii) identification of the allegedly infringing material on the Service, (iv) a statement that you have a good-faith belief the use is not authorised, (v) a statement under penalty of perjury that the information is accurate and that you are authorised to act on behalf of the rights-holder, and (vi) your signature (electronic is fine). We will act on valid notices in line with Directive (EU) 2019/790 and Portuguese Law no. 47/2024.

23. Privacy

Our handling of your personal data is governed by the Privacy Policy, which forms part of these Terms.

24. Third-party services

The Service integrates with third-party providers (for example, for authentication, payments, hosting, and email). Your use of those providers is subject to their own terms and privacy policies. We are not responsible for third-party services, except as required by law.

25. Force majeure

Neither party is liable for failure or delay in performing its obligations (other than payment obligations) caused by events outside its reasonable control, including acts of war, terrorism, natural disasters, epidemics, strikes, power failures, or interruptions of the internet or third-party services. The affected party will use reasonable efforts to resume performance.

26. Assignment

You may not transfer or assign these Terms without our prior written consent. We may transfer or assign these Terms, in whole or in part, in connection with a merger, acquisition, restructuring, or sale of assets, provided that the transferee assumes our obligations to you. If you are a Consumer, the transfer will not reduce your rights.

27. Notices

We send notices to the email address linked to your account and, where appropriate, through the Service. You send notices to us by email at info@theendlessness.com or by post to The Endlessness, Rua Visconde Seabra nº27, 1600-766 Lisbon, Portugal. A notice is deemed received on the next business day after sending.

28. Governing law and courts

These Terms are governed by the law of Portugal, excluding its conflict-of-law rules and excluding the 1980 UN Convention on Contracts for the International Sale of Goods. The courts of the district of Lisbon have exclusive jurisdiction over any dispute, without prejudice to any other competent court where the law makes that choice mandatory.

If you are a Consumer resident in another country of the EU or EEA, you also benefit from any mandatory protections of the law of your country of residence under Article 6 of Regulation (EC) No 593/2008 (Rome I), and you may bring proceedings in the courts of your place of domicile under Article 18(1) of Regulation (EU) No 1215/2012.

29. Online dispute resolution and ADR

The European Commission provides an Online Dispute Resolution platform that Consumers can use to resolve disputes out of court, available at https://ec.europa.eu/consumers/odr. We are not obliged to, and do not currently commit to, participate in any specific alternative dispute resolution entity for consumer disputes within the meaning of Portuguese Law no. 144/2015. For information on the Portuguese consumer dispute resolution entities that serve your region, please consult www.consumidor.gov.pt or your local Centro de Arbitragem de Conflitos de Consumo. You can always contact us first at info@theendlessness.com and we will try to resolve the issue in good faith.

30. Changes to these Terms

We may update these Terms to reflect changes in the Service, in applicable law, or in our business. For non-material changes, the update takes effect on the date shown at the top of the Terms. For material changes, we will notify active users by email or through the Service at least 30 days before the new version takes effect, or as much notice as the law requires if longer. If you do not agree with a material change, you may close your account before the new version applies and we will refund the unused portion of any paid period.

31. Final clauses

• Entire agreement. These Terms, together with the policies they refer to, are the entire agreement between you and us concerning the Service and replace any prior agreement on the same subject.
• Severability. If any provision of these Terms is found invalid or unenforceable, the rest stays in effect. The invalid provision will be replaced with a valid one that matches its intent as closely as the law allows.
• No waiver. A failure or delay by either party to enforce any right is not a waiver of that right.
• Language. The English version of these Terms is the authoritative version. Any translation is provided for convenience only.
• Headings. Headings are for reference only and do not affect interpretation.