Terms and Conditions

Last updated: October 28, 2023

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://ender.com website (the "Service") operated by Asteroid Property Management, Inc. ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Asteroid Property Management, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Asteroid Property Management, Inc..

Links To Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by Asteroid Property Management, Inc.

Asteroid Property Management, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Asteroid Property Management, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Asteroid Property Management, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Asteroid Property Management, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Asteroid Property Management, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Privacy Policy

Definitions

Service
Service is the https://ender.com website operated by Asteroid Property Management, Inc.
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small files stored on your device (computer or mobile device).

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Data and records belonging to our customers must be retained per our product terms and conditions and/or specific contractual agreements.

By default, we save and can access all security documentation and audit trails for a minimum of seven years, unless otherwise specified by specific regulations, or contractual agreement.

We clone production data to QA machines for testing and faster issue reproduction for masquerading real users. The cloned data is masked to protect PII data of the Property Manager’s tenants. You, the customer, authorize our use of cloned production data. The data will be accessed on a need-to-know basis.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Address, State, Province, Zip/Postal code, City
Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.

Usage Data

We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. Moreover, to enhance our understanding of user engagement and improve our Service's quality, we utilize a software service called "Full Story," which helps us analyze and interpret user interactions within our software.

Location Data

We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service, to improve and customize our Service.

You can enable or disable location services when you use our Service at any time by way of your device settings.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.

Use of Data

Asteroid Property Management, Inc. uses the collected data for various purposes:

To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information

Transfer of Data

Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Asteroid Property Management, Inc. will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Disclosure for Law Enforcement

Under certain circumstances, Asteroid Property Management, Inc. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Asteroid Property Management, Inc. may disclose your Personal Data in the good faith belief that such action is necessary to:

To comply with a legal obligation
To protect and defend the rights or property of Asteroid Property Management, Inc.
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Definitions

Confidential/Restricted Data:
Generalized terms that typically represent data classified as Sensitive or Private, according to the data classification scheme defined in this policy.
Internal Data:
All data owned or licensed by you, the client.
Public Information:
Any information that is available within the public domain.

We reserve the right for Ender employees to exchange client information classified as Internal Use or Confidential/Restricted over Slack. Additionally, with the consent of the client, we reserve the right to reclassify Confidential/Restricted data as Internal use for our team to quickly solve client issues.

Data Classification Scheme

Data classification, in the context of information security, is the classification of data based on its level of sensitivity and the impact to you, the client, should that data be disclosed, altered, or destroyed without authorization. The classification of data helps determine what baseline security controls are appropriate for safeguarding that data. All data should be classified into one of the three following classifications.

Confidential/Restricted Data

Data should be classified as Restricted or Confidential when the unauthorized disclosure, alteration, or destruction of that data could cause a serious or significant level of risk to you, the client, or your customers. Examples of Sensitive data include data protected by state or federal privacy regulations (e.g. PHI & PII) and data protected by confidentiality agreements. The highest level of security controls should be applied to Restricted and Confidential Data:

Disclosure or access to Restricted and Confidential data is limited to specific use by individuals with a legitimate need-to-know. Explicit authorization by the Security Officer is required for access to because of legal, contractual, privacy, or other constraints.
Must be protected to prevent loss, theft, unauthorized access, and/or unauthorized disclosure.
Must be destroyed when no longer needed. Destruction must be in accordance with Company policies and procedures.
Will require specific methodologies, procedures, and reporting requirements for the response and handling of incidents.

Internal Use Data

Data should be classified as Internal Use when the unauthorized disclosure, alteration, or destruction of that data could result in a moderate level of risk to you, the client, or your customers. This includes proprietary, ethical, or privacy considerations. Data must be protected from unauthorized access, modification, transmission, storage or other use. This applies even though there may not be a civil statute requiring this protection. Internal Use Data is restricted to personnel who have a legitimate reason to access it. By default, all data that is not explicitly classified as Restricted/Confidential or Public data should be treated as Internal Use data. A reasonable level of security controls should be applied to Internal Use Data.

Public Data

Data should be classified as Public when the unauthorized disclosure, alteration or destruction of that data would result in little or no risk to you, the client, and your customers. It is further defined as information with no existing local, national, or international legal restrictions on access or usage. While little or no controls are required to protect the confidentiality of Public data, some level of control is required to prevent unauthorized alteration or destruction of Public Data.

Assessing Classification Level and Labeling

The goal of information security, as stated in the Information Security Policy, is to protect the confidentiality, integrity, and availability of Corporate and Customer Data. Data classification reflects the level of impact to you, the client, if confidentiality, integrity, or availability is compromised. If a classification is not inherently obvious, consider each security objective using the following table as a guide. All data are to be assigned one of the following four sensitivity levels:

CLASSIFICATION	DATA CLASSIFICATION DESCRIPTION
RESTRICTED	Definition	Restricted information is highly valuable, highly sensitive business information and the level of protection is dictated externally by legal and/or contractual requirements. Restricted information must be limited to only authorized employees, contractors, and business partners with a specific business need.
RESTRICTED	Potential Impact of Loss	SIGNIFICANT DAMAGE would occur if Restricted information were to become available to unauthorized parties either internal or external to you, the client. Impact could include negatively affecting your competitive position, violating regulatory requirements, damaging the company’s reputation, violating contractual requirements, and posing an identity theft risk.
CONFIDENTIAL	Definition	Confidential information is highly valuable, sensitive business information and the level of protection is dictated internally by you, the client..
CONFIDENTIAL	Potential Impact of Loss	SIGNIFICANT DAMAGE would occur if Confidential information were to become available to unauthorized parties either internal or external to you, the client. Impact could include negatively affecting your competitive position, damaging the company’s reputation, violating contractual requirements, and exposing geographic location of individuals.
INTERNAL USE	Definition	Internal Use information is information originating within or owned by you, the client, or entrusted to it by others. Internal Use information may be shared with authorized employees, contractors, and business partners who have a business need, but may not be released to the general public, due to the negative impact it might have on the company’s business interests.
INTERNAL USE	Potential Impact of Loss	MODERATE DAMAGE would occur if Internal Use information were to become available to unauthorized parties either internal or external to you, the client. Impact could include damaging the company’s reputation and violating contractual requirements.
PUBLIC	Definition	Public information is information that has been approved for release to the general public and is freely shareable both internally and externally.
PUBLIC	Potential Impact of Loss	NO DAMAGE would occur if Public information were to become available to parties either internal or external to you, the client. Impact would not be damaging or a risk to business operations.

Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers (FullStory, Google Analytics, etc.) to monitor and analyze the use of our Service.

Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page:https://policies.google.com/privacy?hl=en

Behavioral Remarketing

Asteroid Property Management, Inc. uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page:http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on -https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page:https://policies.google.com/privacy?hl=en
Facebook
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page:https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads, follow these instructions from Facebook:https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy:https://www.facebook.com/privacy/explanation

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Stripe
Their Privacy Policy can be viewed at https://stripe.com/us/privacy
Dwolla
Their Privacy Policy can be viewed at https://www.dwolla.com/legal/privacy/

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Governing Law

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

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Dwolla Verified Customer Record/Customer Record Language

In order to use the payment functionality of Ender's application, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept theDwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by Dwolla. We will provide customer support for your Dwolla account activity, and can be reached via our websitehttps://ender.com, or by emailing support@ender.com

Receive Only Language

"You expressly authorize Ender's service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You authorize Ender to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla's Privacy Policy is available here.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Agreement

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Recurring Message Disclosure

By providing your phone number, you consent to receive recurring text messages from Ender concerning property management updates, payment reminders, and other pertinent information. Message and data rates may apply. Message frequency may vary. Consult your wireless provider for details on your text and data plans.

Cancellation of the SMS Service

To terminate the SMS service, reply "STOP" to any message from Ender. A confirmation SMS will be sent upon receipt, ceasing further messages. To re-enable, reply "START" in the existing message thread.

Customer Support

If you are experiencing issues with the messaging program you can get help directly at support@ender.com

Liability

Carriers are not liable for delayed or undelivered messages.

Privacy

If you have any questions regarding privacy, please read our privacy policy: Privacy policy