These Terms of Service ("Terms") govern your access to and use of Encode ("Encode", "we", "our") websites, products, and services. Encode is operated by Endurer Technologies ("Endurer"), whose details are in section 16. By creating an account or using our services, you agree to these Terms.
1. Eligibility
Encode is offered to businesses only. You may use it only for your trade, business, craft or profession: by creating an account or placing an order you confirm that you act for a business, not as a consumer, and that you may bind the organisation you act for. You must be at least 18 years old.
2. Accounts and security
- You are responsible for maintaining the confidentiality of your account credentials.
- You agree to provide accurate and up-to-date information when registering.
- You must notify us promptly if you suspect unauthorized access.
3. Service use
- You may use the services only in compliance with applicable laws and these Terms.
- You may not use the services to generate, distribute, or amplify harmful, misleading, or illegal content through AI inference.
- You may not attempt to reverse-engineer, extract, or replicate AI models accessed through the service.
- We may suspend or terminate services that violate these Terms or present security risks.
4. Plans and billing
- Encode is sold per Worker, to businesses only. A Worker is billed monthly or yearly. The list price is per Worker per month, currently €3,500 for the Autonomous Junior Software Engineer + Human Verification plan; a yearly Worker is billed 12 times the monthly list price less the yearly discount shown on our pricing page. Prices exclude VAT. VAT is added to every invoice. Every invoice adds 21% Dutch VAT.
- All Workers of your organisation are on one subscription and one invoice a month, dated the 1st. A monthly Worker renews on the 1st of every month. A yearly Worker renews every 12 months, on the 1st of the month its first full year began.
- A Worker added during a month is charged for the rest of that month at its rate, then for full periods. Your organisation's first purchase is charged at once and its Workers start when that payment has been received; Workers added later go on your next invoice. During the pre-release, subscriptions are not on sale: Workers can only be pre-ordered under section 5. Leaving your email address for notifications is not an order and creates no obligation for you or for us.
- Payments are processed by Stripe, by card or SEPA Direct Debit. You authorise us to charge your payment method for every invoice. Every Worker you buy is for your business: by ordering you confirm that, and give the company's name.
- If an invoice is not paid, we retry the payment one, three and five days after it failed, and again when you update your payment method, and we email you. The Workers billed on that invoice keep running for seven days after the first failure, then pause until it is paid. Workers paid on another invoice keep running. If the invoice is still unpaid when those Workers would renew, we may end them.
- You can cancel a Worker in the dashboard at any time. A monthly Worker stops at the end of the month, a yearly Worker at the end of its year; until then it keeps running, and you can undo the cancellation. Fees for a period that has started are not refunded, except as sections 7 and 8 say.
- You can switch a Worker between monthly and yearly billing. A switch to yearly takes effect on the next 1st; a switch to monthly at the end of the Worker's current year.
- We tell you about a new price by email at least 60 days before it applies. It applies to a Worker from its first renewal after that date; a Worker's discount, as a percentage, stays. We remind you 30 days before a yearly Worker renews.
5. Pre-orders
- Before Encode becomes publicly available, planned for January 2027, businesses can pre-order Workers of the Autonomous Junior Software Engineer + Human Verification plan while pre-orders are open. Pre-orders are for businesses only: by pre-ordering you confirm that you act for a business, not as a consumer, and give the company's name.
- A pre-order is a binding order for the number of monthly and yearly Workers you choose. It cannot be cancelled or reduced before launch: as a business you have no right of withdrawal. There is no limit on the number of Workers or pre-orders.
- When you pre-order, Stripe saves your payment method; no payment is taken before launch. Every pre-ordered Worker is billed from the 1st of the month Encode becomes publicly available, on your organisation's monthly invoice, and the order states that date. If launch moves, the first billing date moves with it, and we email you before the original date. Launch is always on the 1st of a month.
- Each pre-ordered Worker keeps the pre-order discount stated in your order, a percentage off the list price of its billing interval, for as long as that Worker runs: also after a price change, and after a switch between monthly and yearly billing (it then gets the pre-order discount of its new interval). The discount belongs to that Worker. It cannot be moved to another Worker, organisation or person, and it ends when the Worker ends. Workers added later are billed at the prices of that day.
- From launch, pre-ordered Workers are billed and can be cancelled as section 4 describes: at the end of a period, without a refund for a period that has started.
- We email you the exact launch date before billing starts.
- We may stop accepting new pre-orders at any time. Pre-orders already placed keep these terms.
Pre-order terms of 14 November 2026. A pre-order keeps the version in force when it was placed; we keep every version and send it to you on request.
6. Service availability
We strive to maintain high availability but do not guarantee uninterrupted service. Maintenance windows, outages, or external dependencies (including third-party AI providers) may impact uptime.
7. Data and content
- You retain all rights to your content and data. Encode processes your content only to provide the services you request. Content submitted for AI inference is not used to train models: we do not train on it, and we send it only to model providers that do not store or train on it, as our privacy policy describes, with its exceptions.
- You are responsible for having the right to give us the repositories, issues and comments you connect, and for what they contain. Do not put special categories of personal data or secrets you do not want processed in them.
- Where your content contains personal data, we process it as your processor. Our data processing agreement forms part of these Terms and governs that processing. Until it is published we send it on request: support@endurer.tech.
- The sub-processors we use are listed in our privacy policy. We email the owners of your organisation at least 30 days before a new or replaced sub-processor processes your content. You may object within that time on reasonable data protection grounds; if we cannot avoid that sub-processor for you, you may end the affected Workers before the change and we refund the fees you paid for the period after it. This is the only refund of a period that has started, besides section 8.
- We keep task data for the periods in our privacy policy.
8. Export and switching
- Your repositories, issues and pull requests stay on your own Git host throughout. On request we export the data Encode holds for you in a common machine-readable format: your organisation's settings, Workers and projects, your task history and the task logs and walkthrough recordings we still hold. Our internal operational data, such as security logs and the workings of our software, is not exportable.
- To switch to another provider or to your own systems, give notice by email; the notice period is at most two months. We then complete the switch within 30 days, or tell you within 14 working days why that is technically unfeasible and when we will finish, no later than seven months. You keep at least 30 days after the switch to retrieve your data, after which we erase all exportable data.
- When the switch is complete, the Workers you switch away end, also in the middle of a yearly term. Fees already paid for that term are not refunded and nothing more is charged for it.
- We charge nothing for switching or for the export.
- The servers that hold your data run in Germany, under EU and German law; requests to AI model providers go through OpenRouter in the United States, as our privacy policy lists. We refuse any request by a government outside the EU for your data unless an international agreement or EU law requires us to answer it, and we tell you about such a request where the law allows.
9. AI output
Encode's plans, comments, commits and pull requests are generated by AI. Review every change before you merge it. Encode marks what it writes in your Git host as written by Encode, an AI system. Where the law requires it, you tell the people who work in your repositories that Encode is an AI system.
10. Intellectual property
Endurer retains all rights to the Encode service, software, and branding. You retain rights to your content and data that you create or upload.
11. Termination
You may cancel Workers as section 4 says (at the end of their period) and switch to another provider as section 8 says. A pre-order cannot be cancelled before launch (section 5). We may suspend or terminate your access if you violate these Terms, and pause or end Workers whose invoice is not paid as section 4 says. When your contract ends, we delete your content once the retrieval period in section 8 has passed, except the billing records the law requires us to keep.
12. Disclaimer of warranties
Services are provided "as is" and "as available." AI-generated output may contain errors and should not be relied upon without review. We disclaim all warranties to the maximum extent permitted by law.
13. Limitation of liability
To the maximum extent permitted by law, Endurer is not liable for indirect, incidental, or consequential damages, or loss of profits or data. Our total liability for any claim is limited to the amount you paid for the service in the 3 months preceding the event.
14. Changes to terms
We may update these Terms from time to time. We post the revised Terms on this page and update the "Last updated" date. We email you about a material change at least 30 days before it takes effect, and about a new price at least 60 days before (section 4); if you do not accept it, you may cancel before then.
15. Governing law and disputes
These Terms are governed by Dutch law; the United Nations Convention on Contracts for the International Sale of Goods does not apply. Disputes go to the district court of Overijssel (rechtbank Overijssel).
16. Contact
Endurer Technologies, Koppelboerhoek 106, 7546 AV Enschede, the Netherlands. KvK number 99176173, VAT number NL005374783B53. For questions about these Terms, contact us at encode@endurer.tech.
Authorities, and anyone reporting illegal content in the service, reach us at the same address, in English or Dutch: it is our point of contact under the EU Digital Services Act.