Terms of Service

1.Acceptance of Terms

By checking "I Agree" and clicking the acceptance button, you (the "Merchant," "Client," "You," "Your") enter into a legally binding agreement with SuccessVariable LLC (the "Company," "We," "Us," "Our," or "Provider").

Your electronic acceptance constitutes a legally binding signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA).

2.No Legal Advice

Nothing in this Application constitutes legal advice or creates an attorney-client relationship. You are solely responsible for:

• Consulting with qualified legal counsel regarding your compliance obligations
• Ensuring your business practices comply with all applicable federal, state, and local laws
• Verifying that any compliance feature meets your specific legal requirements
• Making all final determinations regarding legal compliance
• Any consequences arising from your use of this Application

3.Service Description

ENDUURE Checkout provides software tools for advanced checkout customization including:

• FFL Locator: Searchable directory of Federal Firearms Licensees
• California Compliance: Tools to assist with AB 1263 and SB 704 compliance
• Package Protection: Optional shipping protection feature
• B2B Features: Company accounts, PO numbers, quote checkout
• Admin Dashboard: Configuration and management interface
• Secure API: Integration with BigCommerce platform

These tools are provided "as is" and do not replace professional legal counsel or guarantee compliance with any law or regulation.

4.Merchant Data Obligations and Responsibilities

Your Store Data

When you install the Application, you grant us access to your BigCommerce store data (products, orders, customers, categories, shipping methods, payment methods, and store configurations) as necessary to provide services. You represent that you have the right to grant this access.

Data Controller Status

You are the sole data controller for all personal data collected from or about your customers through the Application. SuccessVariable LLC acts solely as a data processor (or "service provider" under CCPA) processing such data on your behalf.

Your Privacy Policy

You are solely responsible for maintaining a comprehensive, legally compliant privacy policy on your store that fully discloses:

• That you use third-party applications that may collect customer data
• Types of data collected (personal information, identity verification data, biometric data)
• Use of third-party identity verification services and the biometric data they process
• Use of analytics and session recording tools
• How customer data is stored, retained, and protected
• Customer rights regarding their personal data

Obtaining Consent

You are solely responsible for obtaining all legally required consents from your customers, including:

• General privacy consent for data collection
• Specific biometric data consent where required (including Illinois BIPA written consent)
• Consent for identity verification processing
• Any other consent required by applicable data protection laws

Compliance with Data Protection Laws

You represent and warrant compliance with all applicable data protection laws including GDPR, CCPA/CPRA, BIPA, VCDPA, CPA, and all other applicable privacy laws.

No Liability for Your Data Practices

SuccessVariable LLC shall have no liability whatsoever for your failure to comply with any data protection law, maintain an adequate privacy policy, obtain required consents, or for any claims, fines, or enforcement actions arising from your data practices.

5.Data Ownership and Intellectual Property

• Your Data: You retain all right, title, and interest in your store data and customer data. You grant us a limited license to process it solely to provide the Application's services.
• Our Property: The Application, software, code, algorithms, and all intellectual property remain our exclusive property.
• Aggregated Data: We may use aggregated, anonymized data derived from your usage for analytics and service improvement.
• Data Return: Upon termination, you may request return or deletion of your data within 30 days, subject to legal retention requirements.

6.Confidentiality

Each party acknowledges that it may receive confidential information from the other party and agrees to:

• Hold Confidential Information in strict confidence
• Not disclose it to third parties except as permitted under these Terms
• Use it only for purposes related to these Terms
• Protect it with at least the same care used for its own confidential information

Confidentiality obligations survive for three (3) years after termination, except for trade secrets which remain confidential indefinitely.

7.Limitation of Liability

To the maximum extent permitted by applicable law:

No Indirect Damages

SuccessVariable LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, goodwill, legal fees, regulatory fines, or any other intangible losses.

You acknowledge that these limitations are an essential element of the bargain and that pricing reflects this allocation of risk.

8.Indemnification

You agree to indemnify the Indemnified Parties from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use or misuse of the Application
• Your violation of any applicable law, regulation, or ordinance
• Your failure to comply with these Terms of Service
• Any infringement of third-party intellectual property or other rights
• Any claims brought by your customers, end-users, or business partners
• Any data, content, or information you provide through the Application
• Your failure to obtain proper legal counsel regarding compliance matters
• Any inaccurate or false representations made by you

• Data Protection Claims: Any claims, regulatory investigations, fines, or enforcement actions arising from your failure to maintain a compliant privacy policy, obtain required consents (including biometric), or comply with GDPR, CCPA/CPRA, BIPA, or any other data protection law
• Customer Data Claims: Any claims by your customers alleging privacy violations, unauthorized data collection, or unauthorized biometric data processing through the Application at your direction
• Regulatory Claims: Any fines, penalties, or enforcement actions by any regulatory authority (FTC, state Attorneys General, data protection authorities, ATF, or any government entity) arising from your business operations or use of the Application

This indemnification obligation survives termination and is NOT subject to the Limitation of Liability provisions in Section 7.

9.Warranty Disclaimer

We expressly disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranties arising from course of dealing, usage, or trade practice
• Any warranty that the Application will be error-free, uninterrupted, or secure
• Any warranty regarding accuracy of compliance forms, FFL listings, or verification results
• Any warranty that the Application will meet your specific business or legal requirements
• Any warranty regarding data security (though we implement reasonable measures)

10.Acceptable Use

You agree to use the Application only for lawful purposes. You shall not:

• Use the Application to violate any law or facilitate illegal activity
• Attempt unauthorized access to the Application or connected systems
• Collect or process personal data in violation of data protection laws
• Send unsolicited communications using data obtained through the Application
• Reverse engineer, decompile, or attempt to derive source code
• Sublicense, resell, or transfer access without written consent
• Process data of minors under 18 unless in compliance with COPPA and applicable laws
• Misrepresent your identity or relationship with SuccessVariable LLC

11.Third-Party Services

The Application integrates with third-party services including Persona, Stripe, BigCommerce, PostHog, Sentry, Plain.com, Resend, and AWS. You acknowledge that:

• We do not control these third-party services
• Your use of third-party services is at your own risk and subject to their terms
• We are not liable for any acts, omissions, failures, or data breaches of third-party services
• Third-party service fees are your responsibility

12.Force Majeure

Neither party shall be liable for failure or delay due to causes beyond reasonable control, including: acts of God, natural disasters, pandemics, war, government actions, failures of third-party services (BigCommerce, Stripe, Persona, AWS), internet disruptions, power failures, cyberattacks, or changes in applicable laws.

If a force majeure event continues for more than 60 days, either party may terminate upon written notice.

13.Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Nevada, United States, without regard to conflict of law principles.

Any dispute shall be brought exclusively in state or federal courts located in Nevada. You consent to personal jurisdiction and waive any objections to venue.

14.Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Application or via email. Your continued use constitutes acceptance of the revised Terms.

15.Termination

By Us: We may suspend or terminate your access at any time, with or without cause, and with or without notice.

By You: You may terminate by ceasing all use and uninstalling the Application.

Effect of Termination: All rights immediately cease. You have 30 days to request data export. The following provisions survive: No Legal Advice, Merchant Data Obligations, Data Ownership, Confidentiality, Limitation of Liability, Indemnification, Warranty Disclaimer, Governing Law, and all feature disclaimers.

16.Severability

If any provision is held invalid, it shall be modified to the minimum extent necessary or severed. The remaining provisions continue in full force.

17.Entire Agreement

These Terms, our Privacy Policy, and all feature-specific disclaimers constitute the entire agreement between you and SuccessVariable LLC regarding the Application, superseding all prior agreements.

18.Notices

All notices shall be in writing and deemed given when delivered personally, sent by confirmed email, or sent by certified mail. Notices to us should be sent to checkout_bc@enduure.com.

19.Assignment

You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.

20.Waiver

No failure or delay in exercising any right shall operate as a waiver.

21.Contact Information