Terms & Conditions
Last updated July 12, 2026
The important part: EndCap produces automated underwriting estimates from your documents and public data. They are a starting point for your own analysis — not investment advice, and not a substitute for your own diligence. Verify anything you rely on.
1. Agreement
These Terms & Conditions are a binding agreement between you and EndCap (“EndCap,” “we,” “us”) governing your access to and use of the EndCap platform and related services (the “Service”). By using the Service, you agree to them. If you are agreeing on behalf of a company, you represent that you have authority to bind it, and “you” means that company. If you do not agree, do not use the Service.
If you have a separate written agreement with us covering the Service, that agreement controls where it conflicts with these terms.
2. The Service
EndCap ingests commercial real-estate deal materials, analyzes them with software and AI models, and produces financial models, deal briefs, recommendations, and related analysis. The Service is provided for the internal business use of real-estate professionals.
3. Accounts and access
- Access is granted to a firm and to the individual users that firm authorizes. You are responsible for activity under your account and for keeping your sign-in credentials secure.
- A deal is visible to members of the firm that owns it. An external guest granted access to a deal gets view-only access to that deal alone.
- You must provide accurate information and keep it current, and you must be at least 18 years old.
- We may suspend or terminate access that we reasonably believe violates these terms or creates risk for the Service or other customers.
4. Your content
You keep all ownership of the documents, data, and materials you submit (“Your Content”). You grant us a non-exclusive, worldwide license to host, copy, process, transmit, and display Your Content, and to create the models, briefs, and analysis derived from it, solely to provide and support the Service.
You represent that you have the right to submit Your Content to us and to have us process it as described, and that doing so does not violate any confidentiality agreement, non-disclosure agreement, or other obligation you owe to a third party. Deal materials are frequently confidential — it is your responsibility to confirm you may share a document with us before you do.
5. Automated output is not advice
This section is the one that matters most. The models, briefs, recommendations, verdicts, scores, comparable data, and answers the Service produces (“Output”) are automated estimates generated by software, AI models, and third-party data. They are provided for informational purposes only.
- Output is not investment, financial, legal, tax, accounting, appraisal, or brokerage advice, and is not a recommendation to buy, sell, or finance any property or security.
- AI systems make mistakes. Output may contain errors, omissions, or figures misread from a source document, and public data may be incomplete or out of date.
- You are solely responsible for your investment decisions. Independently verify any figure you rely on against the underlying source documents and your own diligence before acting on it.
- Using the Service does not create a fiduciary, advisory, agency, or brokerage relationship between us.
- Past results and projected returns are not a guarantee of future performance.
6. Third-party and public data
The Service incorporates data from third parties and public sources — government, census, flood, market, and property records among them. We do not control that data and provide it as-is, without any warranty of accuracy, completeness, or currency.
7. Acceptable use
You will not:
- Use the Service in violation of law, or to infringe anyone’s rights.
- Submit content you have no right to submit, or that contains malicious code.
- Probe, scrape, reverse-engineer, or attempt to bypass the Service’s access controls or usage limits.
- Resell, sublicense, or provide the Service to a third party, or use it to build a competing product.
- Share your credentials, or let anyone outside your firm use your account.
8. Calling and voice features
Some plans include outbound calling, voicemail, and AI voice tools (“EndCap Dial”). If you use them, you agree that:
- You will comply with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, and every other law that applies to your calls and messages, and you will obtain all consents required for the calls, voicemails, and recordings you initiate through the Service.
- You will honor all do-not-call obligations, including any request a call recipient makes directly to you and the suppression flags you or your firm set in the Service.
- You will call only telephone numbers assigned to business customers.
- You acknowledge that voicemails the Service leaves on your behalf may use an artificial, AI‑generated reproduction of your voice, and that every such call is initiated by you, not by us.
- Calls are carried by our telephony provider; your use passes through and must comply with the Twilio Acceptable Use Policy.
- If you record a voice sample, you grant us a license to process it — and to have our voice-synthesis provider process it — solely to create and operate your voice clone for the voicemail features. You can delete your clone at any time, which ends that use.
Your indemnification obligations in section 15 include any claim under the TCPA or other telemarketing law arising from calls or voicemails you initiate through the Service.
9. Fees
Fees, if any, are set out in the order form or written agreement between us. Unless that agreement says otherwise, fees are non-refundable, and you are responsible for any taxes other than taxes on our income. We may change our pricing on notice, effective at the start of your next term.
10. Confidentiality
We treat Your Content as confidential and will not disclose it except as described in our Privacy Policy — to your firm’s members, to the guests you grant deal access to, to service providers bound to protect it, or where the law requires.
11. Intellectual property
We own the Service — the software, models, methodology, templates, and everything else we provide, excluding Your Content. Subject to these terms, we grant you a non-exclusive, non-transferable right to use the Service and to use the Output for your firm’s internal business purposes. Feedback you send us, we may use freely.
12. Term and termination
Either of us may terminate at any time; if you have a paid subscription, termination takes effect as set out in your agreement. On termination your access ends. You may request an export or deletion of Your Content before or shortly after termination, and we will delete it as described in the Privacy Policy. Sections 4–7 and 11–16 survive.
13. Disclaimer of warranties
THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PURPOSE.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DEALS, OR LOST OR CORRUPTED DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS.
In particular, we are not liable for any investment decision you make — or any loss you suffer — in reliance on the Output. These limits apply even if a remedy fails of its essential purpose.
15. Indemnification
You will indemnify and hold us harmless from any claim, loss, or expense (including reasonable legal fees) arising out of Your Content, your use of the Service, or your breach of these terms — including a claim that your submission of a document to us breached an obligation you owed a third party.
16. Governing law and disputes
These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The state and federal courts located in New Castle County, Delaware have exclusive jurisdiction over any dispute, and both parties consent to that venue.
17. Changes to these terms
We may update these terms. We will change the “Last updated” date above and give notice of material changes. Continuing to use the Service after a change takes effect means you accept the revised terms.
18. General
These terms, together with the Privacy Policy and any order form, are the entire agreement between us. If a provision is held unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver. You may not assign these terms without our consent; we may assign them in a merger or sale of assets.
19. Contact us
Questions about these terms: legal@endcaphq.com.