Effective Date: 04/03/2025
1. Introduction and Acceptance
1.1. These Terms of Service and Acceptable Use Policy (“Terms”) govern your use of the services provided by ENDACODER LIMITED (“we,” “us,” or “our”) through our website and any related services (“Services”). 1.2. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.
2. Eligibility
2.1. You must be at least 18 years old or the age of majority in your jurisdiction to use our Services. 2.2. By using our Services, you represent and warrant that you meet the applicable eligibility requirements and that you are not prohibited by any laws from using the Services.
3. Registration and User Accounts
3.1. Certain features of our Services may require registration. When you register, you agree to provide accurate and complete information and to update such information promptly if it changes. 3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use or breach of your account.
4. Acceptable Use Policy
4.1. Lawful Use: You agree to use the Services only for lawful purposes and in accordance with all applicable New Zealand laws and regulations. 4.2. Prohibited Conduct: You are prohibited from:
- Uploading, storing, or transmitting any content that is illegal, defamatory, obscene, infringing, or otherwise violates applicable laws.
- Using the Services to convert, distribute, or facilitate conversion of materials that are deemed illegal under New Zealand law (including but not limited to the conversion of content that violates the Films, Videos, and Publications Classification Act 1993 or other relevant statutes).
- Engaging in activities designed to circumvent, disrupt, or impair the proper functioning of the Services.
- Any use that might harm or negatively impact other users, our infrastructure, or any third party. 4.3. Monitoring and Compliance: We reserve the right to monitor your use of the Services and take appropriate actions—including suspension or termination of access—if you violate these Terms or engage in activities that are deemed harmful or illegal.
5. Intellectual Property
5.1. Ownership of Service Materials All trademarks, logos, graphics, and software provided solely as part of our Services remain the exclusive property of ENDACODER LIMITED or its licensors. Such materials are used to deliver and maintain the Services.
5.2. Ownership of User Content You retain all right, title, and interest in and to any files, documents, data, or other content that you upload or otherwise submit to our Services (“User Content”). ENDACODER LIMITED does not claim any ownership interest in your User Content.
5.3. License to Process User Content By using our Services, you grant [Your Company Name] a limited, non-exclusive, non-transferable license solely for the purpose of processing your User Content to provide the Services. This license does not transfer any ownership rights in your User Content to ENDACODER LIMITED.
5.4. No Ownership Transfer The use of our Services does not result in any transfer of ownership of your User Content to us or any third party. You remain solely responsible for the content you submit.
5.5. Indemnification You agree to indemnify and hold harmless ENDACODER LIMITED from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with any claim that your User Content infringes or violates the intellectual property rights of a third party.
6. Privacy and Data Protection
6.1. Your use of our Services is also governed by our Privacy Policy, which is incorporated herein by reference. 6.2. We collect, use, store, and disclose personal information in accordance with the New Zealand Privacy Act 2020 and other applicable data protection laws.
7. Termination
7.1. We reserve the right to suspend or terminate your access to our Services at any time, without prior notice, for any reason—including, without limitation, a violation of these Terms. 7.2. Upon termination, all rights granted to you under these Terms will immediately cease, and you agree to promptly discontinue all use of our Services.
8. Disclaimers and Limitation of Liability
8.1. “As Is” Basis: The Services are provided on an “as is” and “as available” basis without any warranties, express or implied. 8.2. No Warranty: We do not warrant that the Services will be uninterrupted, timely, secure, or error-free. 8.3. Limitation of Liability: In no event shall ENDACODER LIMITED be liable for any indirect, incidental, consequential, or punitive damages arising out of your use, or inability to use, the Services, even if we have been advised of the possibility of such damages. Our total liability shall not exceed the amount paid by you (if any) for accessing our Services.
9. Indemnification
You agree to indemnify, defend, and hold harmless ENDACODER LIMITED and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in any way connected with your access to, use of, or inability to use the Services or any breach of these Terms.
10. Governing Law and Dispute Resolution
10.1. Governing Law: These Terms are governed by and construed in accordance with the laws of New Zealand. 10.2. Dispute Resolution: Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in New Zealand. 10.3. Arbitration: Alternatively, you and ENDACODER LIMITED may agree to resolve disputes through binding arbitration in accordance with the rules of the New Zealand Dispute Resolution Centre, if applicable.
11. Modifications to the Terms
11.1. We may revise these Terms from time to time. The changes will be effective immediately upon posting on our website. Your continued use of our Services after the posting of changes constitutes your binding acceptance of such changes.
12. General Provisions
12.1. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms will remain in full force and effect. 12.2. No Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. 12.3. Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or policies published by us, constitute the entire agreement between you and ENDACODER LIMITED regarding your use of our Services.
13. Contact Information
For any questions or concerns about these Terms, please contact us at: