Terms of Service

1. Agreement to Terms

By accessing or using Endurance HQ (the "Service" or "Platform"), you agree to these Terms of Service ("Terms"). "Endurance HQ", "we", "us", and "our" mean Endurance HQ LLC. If you do not agree, do not access or use the Service.

Endurance HQ LLC is a Delaware limited liability company. The Service provides event operations, public event sites, registration and commerce, participant and volunteer experiences, communications, financial and relationship tools, mapping, media, integrations, and optional automated or artificial-intelligence features for event organizers and their communities.

2. User Accounts and Access

2.1 Account Registration

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• Have authority to act for any organization, event, or other person whose information or resources you manage

You must be at least 13 to create an account. If you have not reached the age of majority where you live, a parent or legal guardian must authorize your use. Minor participants may be registered only by a parent, guardian, or other person authorized by the applicable organizer and law.

2.2 User Roles

The Service supports multiple user roles with different access levels:

• Event and Organization Administrators: Create and manage events, websites, registrations, commerce, data, teams, and communications
• Organization Members: Collaborate with permissions assigned by an administrator
• Volunteers and Staff: Sign up, receive assignments, check in, record activity, and support event operations
• Participants and Guardians: Register, purchase, manage event information, and use participant experiences
• Other Event Relationships: Sponsors, vendors, speakers, medical personnel, photographers, media, and other authorized collaborators may use role-specific features

2.3 Email-Based Access

Some features, including volunteer portals, event passes, race-day information, tracking, public event sites, and purchase experiences, may be accessible through email, a scoped link, a pass, or without a full account. These Terms still apply to that use.

2.4 Electronic Communications and Signatures

By using the Service, you consent to receive communications, agreements, notices, and disclosures from us electronically, and you agree that electronic delivery satisfies any legal requirement that such communications be in writing. You further agree that your electronic acceptance of these Terms, click-through assent, and any electronic signatures you make through the Service (including waivers and agreements you sign during registration) are valid, binding, and enforceable to the fullest extent permitted by the U.S. ESIGN Act, the Uniform Electronic Transactions Act (UETA), and similar laws. You may withdraw consent to electronic communications by contacting us, but doing so may prevent you from using some or all of the Service.

3. Service Description

3.1 Core Features

The Service may include:

• Event, organization, project, task, schedule, inventory, logistics, venue, course, and race-day operations tools
• Public event websites, registration, memberships, donations, stores, photo sales, digital products, and other purchases processed through Stripe
• Participant, team, audience, credential, results, waiver, requirement, waitlist, lottery, and check-in tools
• Volunteer, staff, speaker, sponsor, vendor, medical, media, and partner relationship tools
• Email, SMS, MMS, push, inbox, survey, form, and community communications
• Maps, routes, geofences, optional precise location, and participant-enabled live GPS tracking
• Bookkeeping tools and optional read-only transaction feeds through Stripe Financial Connections
• Connected-service imports and synchronization, including optional Google services and other event or business providers
• Optional AI, search, extraction, transcription, translation, drafting, research, classification, and automation features
• Progressive Web App functionality, offline storage, and synchronization

3.2 Service Availability

We strive to provide continuous service availability but do not guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance
• Emergency repairs
• Third-party service disruptions
• Force majeure events

3.3 Optional Bank Feeds

Organization administrators and workspace owners may connect financial accounts through Stripe Financial Connections to import transaction data for bookkeeping. By connecting an account, you represent that you are authorized to grant access to that account and consent to the collection and use described in our Privacy Policy.

The bank-feed feature is read-only and does not allow Endurance HQ to move money. Automated imports and suggested categories are bookkeeping aids, not accounting, tax, or legal advice. You remain responsible for reviewing ledger accuracy. Disconnecting stops future access, while previously imported ledger entries remain until you delete them or request deletion.

4. Our Role and Limitations

4.1 Platform Provider Only

Endurance HQ provides technology and tools for event management, including:

• Event pages and content management systems
• Registration and payment processing facilitation
• Volunteer coordination and check-in systems
• Race day portal and participant information delivery
• Communication tools for organizers, participants, volunteers, and fans
• Cheer zone locations and spectator engagement features
• Crew access coordination at aid stations

4.2 What We Are NOT Responsible For

Important: Endurance HQ is a technology platform only. We are NOT the race director, event producer, or operator. Unless explicitly stated in a separate written agreement, we are not responsible for:

• Permits, insurance, safety protocols, or emergency medical response
• Volunteer staffing, training, or on-site logistics
• Course marking, aid station supplies, or cutoff enforcement
• Road closures, traffic control, or law enforcement coordination
• Weather monitoring, environmental hazards, or participant safety
• Crew access policies, restrictions, or safety at support locations
• Accuracy of course information (maps, elevation, distances)
• Event cancellations, postponements, or changes
• Disputes between participants, volunteers, spectators, or race directors
• Sponsor fulfillment, prize distribution, or vendor relationships
• Delivery, timing, completeness, or receipt of email, text, push, emergency, or race-day communications
• Accuracy or availability of GPS positions, routes, geofences, translations, automated suggestions, or AI-generated output

We do not guarantee attendance, registrations, sponsor revenue, race-day turnout, media coverage, participant engagement, communication delivery, or any operational outcome. Organizers must maintain independent safety, emergency, and backup communication procedures.

4.3 Your Responsibilities as Event Organizer

You (the event organizer) are solely responsible for:

• Compliance with all laws, ordinances, and permitting requirements
• Safety and logistics on course, including cutoff enforcement and medical availability
• Accuracy of race information (course details, cutoff times, refund policies, crew access rules)
• Communicating risks to participants (heat, altitude, wildlife, terrain, vehicle traffic)
• Sponsor claims, offers, and any legal or tax implications of sponsor activations
• Moderating and approving content appearing under your event brand
• Ensuring cheer zone locations, spectator areas, and crew access points are safe, legal, and permitted
• Obtaining appropriate insurance and liability waivers
• Providing required privacy and health-data notices and obtaining valid permissions for personal information, photos, location, minors, connected services, and communications
• Ensuring any phone number, email address, contact list, file, inbox, calendar, or other imported information was lawfully obtained and may be used for the selected purpose
• Reviewing AI, translation, mapping, financial, eligibility, safety, and other automated output before relying on it

5. Payment Terms

5.1 Fees and Pricing

Fees for race director plans, add-ons, and the optional HQ subscription are the amounts presented to you at checkout, on our Pricing page, or in a separate written order or agreement, at the time you make the purchase. Some pricing is customized per customer; the price you agreed to at the time of purchase governs.

We may change our pricing at any time. Price changes do not affect fees for a paid term you have already purchased; they apply only to renewals or new purchases made after the change takes effect. Where required by law or your agreement, we will provide advance notice of changes that affect you.

5.2 Event Purchases and Organizer Sales

Organizers may offer registrations, transfers, memberships, donations, merchandise, digital products, photos, sponsorships, or other goods and services through Stripe connected accounts. Unless a checkout expressly identifies Endurance HQ as the seller, the organizer is the seller or recipient, sets the offer and refund policy, and is responsible for fulfillment, descriptions, consumer disclosures, taxes, permits, and legal compliance. Endurance HQ provides the technology and may collect disclosed platform, processing, or service fees.

5.3 Payment Processing

Payments are processed through Stripe. By making or accepting a payment, you also agree to the applicable Stripe terms. We do not store complete payment card information on our servers. Payment authorization, payout timing, reserves, disputes, refunds, chargebacks, failed payments, and account restrictions may be governed by Stripe and the applicable organizer agreement.

5.4 Refunds

Subscription and plan fees are generally non-refundable except where required by law or expressly agreed by us in writing. We may grant a full or prorated refund at our discretion. Event purchases are separate and are governed by the organizer's disclosed refund, transfer, cancellation, fulfillment, and delivery terms. Direct those disputes to the organizer unless the checkout identifies Endurance HQ as the seller.

5.5 Taxes

Prices may not include sales tax, VAT, lodging, admissions, charitable-solicitation, income, withholding, or other taxes. Each party is responsible for taxes imposed on it. Organizers are responsible for determining taxes on their sales, donations, payouts, prizes, compensation, and other event activity, except taxes Endurance HQ is legally required to collect or remit.

6. Acceptable Use

6.1 Prohibited Activities

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any laws
• Upload or transmit viruses, malware, or malicious code
• Attempt to gain unauthorized access to the Service or other users' accounts
• Engage in any activity that disrupts or interferes with the Service
• Scrape, harvest, or collect user data without permission
• Impersonate another person or entity
• Create fraudulent events or registrations
• Manipulate QR codes or check-in systems
• Circumvent any access restrictions or security measures
• Send a communication without the consent, notice, sender identification, or opt-out mechanism required by law, carrier rules, or provider policy
• Upload, import, connect, publish, track, or process information unless you have authority and a lawful basis to do so
• Use AI or automated features to make an unlawful, discriminatory, deceptive, unsafe, or solely automated consequential decision

6.2 Content Standards

Content you upload (event descriptions, photos, sponsor logos) must:

• Be accurate and not misleading
• Not infringe on intellectual property rights
• Not contain offensive, discriminatory, or harmful material
• Comply with applicable advertising and consumer protection laws

7. Intellectual Property Rights

7.1 Platform Ownership

The Service and its original content, features, and functionality are owned by Endurance HQ and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 User Content License

By submitting content to the Service, you grant Endurance HQ a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt, transmit, display, translate, and otherwise process that content only as needed to provide, secure, support, and improve the Service, follow your settings and instructions, and comply with law. This includes publishing content to public event surfaces when you select a public setting and sending content to connected or AI providers when you invoke those features.

7.3 User Ownership

You retain your rights in content and data you submit. You represent that you have all rights, permissions, notices, and consents needed for Endurance HQ and the applicable organizer to process that content as described. Available export and deletion tools vary by feature. You may contact support to request an available export or deletion, subject to organizer control, legal retention, transaction records, backups, recipient copies, public caches, and other limitations described in our Privacy Policy.

8. Privacy and Data Protection

8.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

8.2 Data Processing

We process personal information as described in our Privacy Policy. Depending on the feature, processing includes:

• User account information (Clerk authentication)
• Event and participant data (PostgreSQL database)
• Payment information (processed by Stripe)
• Email and SMS communications (Resend and Twilio)
• Device data for offline functionality (IndexedDB)
• Precise location and optional live GPS tracking
• Connected-service and AI inputs, outputs, and usage records

8.3 Data Responsibility

Event organizers generally control participant, volunteer, staff, sponsor, vendor, audience, health, location, and event-relationship information collected or imported for their events. Organizers must comply with applicable privacy, health, child, biometric, publicity, communications, records, and security laws; provide required notices; obtain valid authorizations; restrict access; and respond to applicable individual rights. Endurance HQ controls information used for its own accounts, subscriptions, support, security, and business operations.

8.4 Communications and Anti-Spam Compliance

If you export, download, or obtain participant, volunteer, or fan data from the Services (emails, phone numbers, contact information), you agree to:

• Handle that data according to applicable privacy, health, child, anti-spam, telemarketing, and marketing laws and provider policies
• Only use that data for lawful event-related purposes the individual would reasonably expect
• Include working unsubscribe mechanisms in all marketing communications
• Honor opt-out and "do not contact" requests promptly
• Obtain and retain recipient-specific consent before sending SMS or MMS, including prior express written consent where required for promotional content
• Identify the sender and message subject accurately and never treat consent obtained for one sender or subject as transferable to another

You acknowledge that you are the sender of outbound messaging you initiate for an event or organization, even when Endurance HQ and its providers transmit it. You must maintain proof of consent and promptly honor opt-outs across the relevant systems.

8.5 SMS Program Terms

Program: Endurance HQ provides messaging tools for Endurance HQ platform notices and for event or organization senders identified in the message.

Messages: Messages may include registration or purchase confirmations, participant and volunteer reminders, race-day or safety updates, schedule changes, two-way support, results, cancellations, and promotional or fundraising content when the sender has the separate consent required for that subject.

Consent: Enrollment may occur through an optional registration, volunteer, account, event-pass, text-in, or other disclosed consent flow. Consent is specific to the identified sender and message subject, is not transferable, and is not a condition of purchase, registration, or volunteering. An organizer that imports or manually adds a number as message-eligible represents that it obtained and can document the required consent.

Message Frequency: Frequency varies by event, program, and activity. Urgent event circumstances and two-way conversations may result in additional messages.

Message and data rates may apply. Contact your mobile carrier for details about your messaging plan.

Opt-Out: Reply STOP to withdraw consent from the sender or messaging program associated with that message. You may receive one confirmation. A different event, organization, or sending number may require a separate opt-out. Reply START or use the disclosed enrollment method if you later choose to re-enroll.

Help: For assistance, text HELP to any message from Endurance HQ, or contact us at tyler@endurancehq.app.

Availability: Carrier support and delivery are not guaranteed. Carriers are not liable for delayed or undelivered messages.

Privacy: We do not sell mobile numbers or SMS consent or share them with third parties for those third parties' own marketing. We disclose them to the applicable sender, Endurance HQ providers, carriers, and vendors as needed for delivery and compliance. See our SMS Terms and Privacy Policy.

9. AI, Automated, and Beta Features

9.1 Artificial Intelligence and Translation

Optional AI, extraction, transcription, search, translation, drafting, research, classification, and automation features may process content through third-party providers. You must have authority to submit the content, use appropriate care with confidential or sensitive information, and review output before use. Output can be incomplete, inaccurate, outdated, biased, offensive, or unsuitable for the intended purpose. It is not legal, medical, accounting, tax, safety, eligibility, or other professional advice.

Do not rely on automated output as the sole basis for emergency response, event safety, medical care, participant eligibility, financial reporting, legal compliance, or a decision that produces legal or similarly significant effects. You remain responsible for source material, prompts, review, corrections, publication, and actions taken from the output.

9.2 Beta and Experimental Features

We may offer certain features labeled as alpha, beta, preview, experimental, or similar ("Beta Features"). Beta Features:

• May be incomplete, unstable, or change frequently without notice
• May have limited availability, support, or documentation
• Are provided "AS IS" without any warranties or service level commitments
• May be discontinued, modified, or removed at any time
• May have bugs, errors, or data loss risks

By using Beta Features, you accept these risks and agree not to rely on them for critical race-day operations. We recommend testing Beta Features thoroughly before using them for live events.

10. Disclaimers and Limitation of Liability

10.1 Service "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 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 No Liability for Third-Party Services

We are not responsible for the actions, content, or services of third-party providers including Stripe (payments), Clerk (authentication), Resend (email), Twilio (SMS), or external image hosting services.

10.3 Event Liability

Endurance HQ is a technology platform only. We are not responsible for:

• Physical events organized by race directors
• Participant injuries or accidents at events
• Event cancellations or changes
• Disputes between participants and race directors
• Quality or accuracy of event information
• Delayed, blocked, duplicated, misdirected, or undelivered email, SMS, push, inbox, or emergency communications
• Map, route, geofence, location, tracking, translation, AI, extraction, transcription, or automated output

The Service is not an emergency service, medical device, dispatch system, or substitute for trained personnel, official maps, carrier communication, or an organizer's independent safety plan.

10.4 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENDURANCE HQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for all claims arising from or related to the Service shall not exceed the greater of:

• The amount you paid to us for the specific Service giving rise to the claim in the 12 months before the claim, or
• One hundred U.S. dollars (USD $100)

These limitations reflect the allocation of risk between us. Without these limitations, the pricing and availability of the Services would be different. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Endurance HQ and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Events you organize through the platform
• Content you upload or share

12. Termination

12.1 Termination by You

You may request account termination by contacting support. Termination does not entitle you to a refund except as provided in Section 5.4 or required by law.

12.2 Termination by Us

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

• Violation of these Terms
• Fraudulent activity or payment disputes
• Illegal conduct
• Extended periods of inactivity
• At our sole discretion to protect the Service or other users

12.3 Effect of Termination

Upon termination, your right to use the Service will cease. Where reasonably available and legally permitted, an organization administrator may request an export before termination. Access, export, deletion, and retention remain subject to organizer control, feature availability, payment and transaction records, legal obligations, security, backups, and our Privacy Policy. Provisions that by their nature should survive, including payment obligations, licenses already exercised, disclaimers, limitations, indemnities, and dispute terms, will survive.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us at tyler@endurancehq.app or christian@trailrunnerhq.com and attempt to resolve the dispute informally for at least 30 days.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

13.3 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except for disputes that may be taken to small claims court.

Arbitration opt-out: You may opt out of this arbitration agreement (Section 13.3) and the class action waiver (Section 13.4) by sending written notice to tyler@endurancehq.app within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.

13.4 Class Action Waiver

You agree that disputes will be resolved on an individual basis and waive any right to participate in class actions or class-wide arbitration.

14. General Provisions

14.1 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or prominent notice on the Service. Your continued use after changes constitutes acceptance of the new Terms.

14.2 Entire Agreement

These Terms, our SMS Terms, and any applicable order, checkout terms, or written service agreement constitute the agreement between you and Endurance HQ regarding the Service. Our Privacy Policy describes data practices and is not intended to create contractual rights beyond those required by law.

14.3 Severability

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

14.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.5 Assignment

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

14.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, pandemics, or failures of third-party services.

15. Contact Information

For questions about these Terms, please contact us: