Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and EndowCast ("Company," "we," "us," or "our") concerning your access to and use of the EndowCast platform (the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

IMPORTANT: These Terms contain an arbitration clause and class action waiver that affects your rights. Please read Section 15 carefully.

2. Description of Service

EndowCast provides institutional-grade Monte Carlo simulation and portfolio analytics software designed for endowments, foundations, and investment offices. The Service includes:

• Monte Carlo simulation engine for portfolio projections

• Portfolio analytics and risk assessment tools

• Asset allocation modeling and optimization

• Spending policy analysis and projections

• Team collaboration and organization management

• Data export and reporting capabilities

3. User Accounts and Registration

3.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You agree to:

• Provide true, accurate, current, and complete information

• Maintain and promptly update your account information

• Maintain the security of your password and account

• Accept all responsibility for activity under your account

• Notify us immediately of any unauthorized access

3.2 Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. By using the Service, you represent and warrant that you meet these requirements.

3.3 Organization Accounts

If you register on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and references to "you" include both you and the organization.

4. Subscription Plans and Billing

4.1 Subscription Tiers

We offer multiple subscription tiers with varying features, simulation quotas, and pricing. Current plans include:

• Free: Limited simulation quota for evaluation purposes

• Analyst Pro: Individual analyst with increased simulation capacity

• Foundation: Team-based institutional access

• Foundation Pro: Enterprise-grade with advanced features

4.2 Billing and Payment

Paid subscriptions are billed on a recurring basis (monthly or annually) depending on your selected plan. You agree to:

• Pay all fees according to your selected plan

• Provide current, complete, and accurate billing information

• Update payment information to avoid service interruption

• Authorize us to charge your payment method for all fees

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled. You will be charged the then-current rate for your subscription tier. We will provide notice of any rate increases at least 30 days before they take effect.

4.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting us. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial billing periods, except as required by law or at our sole discretion.

4.5 Usage Quotas

Each subscription plan includes a monthly simulation quota. If you exceed your quota, you may need to upgrade your plan or wait until the next billing cycle. Usage quotas reset at the beginning of each billing cycle.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations

• Infringe upon the rights of others

• Transmit any malicious code, viruses, or harmful content

• Attempt to gain unauthorized access to the Service or related systems

• Interfere with or disrupt the Service or servers

• Use automated systems (bots, scrapers) without permission

• Reverse engineer, decompile, or disassemble the Service

• Remove or modify any proprietary notices

• Use the Service to compete with us or develop competing products

• Share account credentials or allow unauthorized access

• Exceed rate limits or abuse API endpoints

6. Intellectual Property Rights

6.1 Our Rights

The Service and all content, features, and functionality are owned by EndowCast and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

6.2 Your Data

You retain ownership of all data, portfolio parameters, and simulation inputs you provide to the Service ("Your Data"). By using the Service, you grant us a limited license to use Your Data solely to:

• Provide and operate the Service

• Perform simulations and generate analytics

• Create aggregated, anonymized data for Service improvement

6.3 Feedback

Any feedback, suggestions, or ideas you provide to us become our property, and we may use them without restriction or compensation to you.

7. Confidentiality and Data Security

We implement reasonable security measures to protect your data. However, you acknowledge that:

• No electronic transmission or storage is completely secure

• You are responsible for maintaining the confidentiality of your account

• You should not input highly sensitive or classified information

• We are not liable for unauthorized access resulting from your negligence

8. Disclaimers and Limitations

8.1 Service Provided "AS IS"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Not Investment Advice

IMPORTANT: EndowCast provides analytical tools and simulations but does not provide investment advice, financial planning advice, or recommendations. The Service is for informational and analytical purposes only. You should:

• Consult qualified financial advisors before making investment decisions

• Conduct independent due diligence

• Understand that past performance does not guarantee future results

• Recognize that simulations are models with inherent limitations

8.3 Simulation Accuracy

While we strive for accuracy, Monte Carlo simulations are probabilistic models based on assumptions. Results may not reflect actual future performance. We do not warrant that:

• Simulation results will be accurate or error-free

• The Service will meet your specific requirements

• The Service will be uninterrupted or available at all times

• All errors or defects will be corrected

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENDOWCAST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless EndowCast and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms

• Your use or misuse of the Service

• Your violation of any rights of another party

• Your violation of any applicable laws or regulations

• Investment decisions you make based on Service outputs

11. Term and Termination

11.1 Term

These Terms remain in effect while you use the Service.

11.2 Termination by You

You may terminate your account at any time by canceling your subscription and ceasing to use the Service.

11.3 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including:

• Violation of these Terms

• Non-payment of fees

• Fraudulent, abusive, or illegal activity

• Request by law enforcement or government agencies

• Discontinuation or material modification of the Service

11.4 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately

• You remain liable for all fees incurred prior to termination

• We may delete your account and data after 30 days

• Sections that by their nature should survive termination will survive

12. Data Backup and Export

While we maintain regular backups, you are solely responsible for maintaining your own backups of Your Data. We provide data export functionality, and you should regularly export and backup your simulation results and portfolio configurations.

We are not liable for any loss of data resulting from service interruptions, account termination, or other causes.

13. Modifications to Service and Terms

13.1 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We are not liable for any modification, suspension, or discontinuance.

13.2 Terms Modifications

We may revise these Terms at any time. Material changes will be notified via email or a prominent notice on the Service. Continued use after changes constitutes acceptance of the modified Terms.

14. Third-Party Services

The Service may contain links to third-party services (e.g., Stripe for payments). We are not responsible for:

• The availability or accuracy of third-party services

• The content, policies, or practices of third parties

• Any damages resulting from third-party services

Your use of third-party services is at your own risk and subject to their terms and policies.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@endowcast.com to attempt informal resolution.

15.2 Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify.

The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitrator's decision is final and binding, and judgment may be entered in any court with jurisdiction.

15.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

15.4 Opt-Out Right

You may opt out of arbitration by sending written notice within 30 days of first accepting these Terms to legal@endowcast.com.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles. Subject to the arbitration provisions, you consent to the exclusive jurisdiction of courts in [Your Jurisdiction].

17. General Provisions

17.1 Entire Agreement

These Terms constitute the entire agreement between you and EndowCast regarding the Service and supersede all prior agreements.

17.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, or network failures.

17.6 Electronic Communications

By using the Service, you consent to receive electronic communications from us. These communications are considered "in writing" and satisfy any legal requirement for written notice.

18. Contact Information

For questions about these Terms, please contact us: