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Terms of Use

Effective date: October 21, 2023

These Terms of Service (these “ Terms”) apply to all users and others (“ User”, “ you” “ your”) who register with, access or use (“ Use”, “ Using”) Enqo Services (as defined below) operated by Enqo Corp (“ Enqo”, “ we”, “ us” or “ our”).

For the purposes of these Terms, “ Enqo Services” mean, collectively, our https://enqo.com/ website (“ Site”), our online software-as-a-service platform (“ Platform”), including any updates of Platform, that we make available through Site, and our services (including but not limited to Subscriptions (as defined below) accessible on or through our Site and/or Platform, and our corresponding mobile application (“ Mobile App”).

These Terms are a binding contract between you and us. You hereby confirm that you have read and understood these Terms. By accepting these Terms through Using Enqo Services, you are accepting and agreeing to these Terms on behalf of yourself or another person that you represent in connection with the Use of Enqo Services. If you are Using Enqo Services on behalf of another person, you represent that you are authorized to accept these Terms on that person's behalf and that such person agrees to be responsible to us if you or the other person violates these Terms.

By Using Enqo Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 20 (Dispute Resolution; Binding Arbitration), do not Use Enqo Services. Your continued Use of Enqo Services will confirm your acceptance of these Terms.

1. DESCRIPTION OF ENQO SERVICES

Enqo is a collaboration management platform. Enqo provides a set of tools to manage communications, task tracking, file storage. The base principle behind Enqo is interlacing personal messaging within and between tasks, projects. Enqo empowers Users to create collaborative environments and compose teams for their project needs. There are different project types that can be created via Enqo Services: (i) individual project with sole member, (ii) core team project limited to a closed group of individuals, (iii) collaborative project with the core team and invited members.

2. ELIGIBILITY

You must be at least 18 years of age (or other applicable age of legal majority) to Use Enqo Services. If you are under 18 years of age (or other applicable age of legal majority where you live), you may only Use Enqo Services under the supervision of a parent or a legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 18 (or other applicable age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with Enqo Services. If you are aware of anyone younger than 18 (other applicable age of legal majority) Using Enqo Services, please contact us at  support@enqo.com and we will take reasonable steps to preclude such person from Using Enqo Services.

You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from Using Enqo Services. You further agree to Use Enqo Services in compliance with all applicable laws. Enqo Services are not available to any Users previously prohibited from Using it.

3. PRIVACY

Please refer to our  Privacy Policy for information about how we collect, use and disclose information about you when you Use Enqo Services. Transfer and storage of information about you, whilst you Use Enqo Services, is also governed by our Privacy Policy. You acknowledge and agree that your Use of Enqo Services is subject to our Privacy Policy.

4. ACCOUNT REGISTRATION AND USE

Account Registration and Confidentiality. You are required to register an account with us (“ Account”) in order to Use Enqo Services. By creating an Account, you agree to: (i) provide us with accurate and complete information for your Account, (ii) maintain and promptly update, as necessary, your Account information, (iii) maintain the security of your Account login information, (iv) be responsible for the acts or omissions of any third party who has authority to Use Enqo Services on your behalf, and (v) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

Unauthorized Account Use. You are responsible for notifying us at  support@enqo.com if you become aware of any unauthorized use of or access to your Account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or Account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Enqo or a third party due to someone else using your Account. In the event that you lose access to your Account or otherwise request information about your Account, we reserve the right to request from you any verification we deem necessary before restoring access to or providing information about such Account in our sole discretion.

Register Using Your Employer Email Address. Please note that if you register with Enqo Services using an email address provided by your employer or another entity (“ Organization Email”), then (i) you will be deemed to represent your employer or another entity (“ Organization”), (ii) your acceptance of these Terms will bind such Organization, and (iii) the word “you” as used in these Terms will refer to such Organization. You understand and acknowledge that if you sign up for Enqo Services using Organization Email, you agree that such Organization may be able to view information about any project you create on Enqo Services, including a list of project members and guests, and Content (as defined below). Such Organization may have the ability to manage your project, including claiming control and ownership of any projects you create on Enqo Services or over which you have administrative role, including any Content within such project. If you sign up for Enqo Services using your Organization Email, your use of Enqo Services must adhere to the policies of your Organization and any agreements you might have with it. Projects created by Organization on Enqo Services (“ Organizational Projects”) are under the control of such Organization. Organization administrators may be able to access, disclose, restrict, or remove Content in or from Organizational Projects. The Organization may also be able to restrict or terminate your access to Organizational Projects. Organizations are also authorized to add and remove Users from their Organizational Projects. Users that have been authorized to use an Organizational Project are referred to as an “ Organization User” while they are using such Organizational Project. The Organization can modify and re-assign roles on Organizational Projects (including your role). You agree to take any reasonable actions requested by us or the Organization to facilitate the transfer of authority to a new representative of the Organization if the Organization decides to replace you as the representative for the Organizational Project. If you are accessing an Organizational Project as an Organization User, you acknowledge that Enqo Services as used by you under such circumstances is a tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply in connection with such Use of Enqo Services as an Organization User.

5. CONTENT

For purposes of these Terms: (i) “ EnqoContent” means all software, design, text, editorial materials, informational text, photographs, images, illustrations, audio, video, artwork and other graphic materials, and names, logos, trademarks and services marks, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Enqo Services by Enqo or its licensors, and (ii) “ User Content” means any Content that you provide to be made available through Enqo Services (excluding Organization Content (as defined below)). Collectively, Enqo Content, User Content, and Organization Content are referred to as “ Content.”

User Content Ownership. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Enqo and its licensors exclusively own all right, title and interest in and to Enqo Services and Enqo Content, including all associated intellectual property rights. You acknowledge that Enqo Services and Enqo Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Enqo Services or Enqo Content.

Rights in User Content Granted by You. By making any User Content available through Enqo Services, you hereby grant to Enqo a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense (to Enqo’s third-party service providers), to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only) your User Content solely in connection with operating and providing Enqo Services and Enqo Content to you and, depending on the permission you grant, to other Users, individuals, and/or organizations. Subject to the foregoing license, as between Enqo and you, you retain any and all of your rights to your User Content.

Organization Content Ownership. You acknowledge that if you submit or post content to an Organizational Project (“ Organization Content”), then the ownership of such Organization Content may be as set forth in any agreement between you and the Organization, and in the absence of such agreement, then as between you and the Organization, the Organization may own the rights to any such Organization Content. For avoidance of doubt, no ownership rights in Organization Content are transferred to Enqo. Organization hereby grants Enqo a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense (to Enqo’s third-party service providers), to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), Organization Content solely in connection with operating and providing Enqo Services and Enqo Content. Subject to the foregoing license, as between Enqo, Organization and you, you or Organization retain any and all of your rights to Organization Content.

Your Responsibility for User and Organization Content. You are solely responsible for User Content and Organization Content that you provide to be made available through Enqo Services. You represent and warrant that you own your User Content and Organization Content or you have all rights that are necessary to grant us the license rights in your User Content and Organization Content that you provide to be made available through Enqo Services under these Terms. You also represent and warrant that neither your User Content or Organization Content, nor your use and provision of your User Content or Organization Content to be made available through Enqo Services, nor any use of your User Content or Organization Content by Enqo on or through Enqo Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation or violate any agreement you have with any third party.

Sharing User or Organization Content. You may designate your User Content or Organization Content as “public” (such as posting User Content or Organization Content on social space of Enqo Services) or “private”. You agree that User Content or Organization Content you designate as public will be accessible by and be available to other Users of Enqo Services to whom you grant access to such publicly designated User Content or Organization Content. Consequently, you understand and agree that such Users will have the right to view, comment on and tag your publicly designated User Content or Organization Content. If you grant Users additional permissions with respect to your User Content or Organization Content, you understand and agree that such Users will, depending on the permissions you grant, have the right to use, publish, display, modify, or duplicate such User Content or Organization Content. You grant Enqo all rights necessary to make any of your publicly designated User Content or Organization Content available to other Users of Enqo Services and to permit those Users to engage in the activities described in this Section with respect to your publicly designated User Content.

Removal of User Content or Organization Content. You can remove your User Content or Organization Content that you designate as private by specifically deleting it. However, some of your User Content or Organization Content may not be completely removed and copies of your User Content or Organization Content may continue to exist on Enqo Services. Additional details with respect to the removal and storage of User Content and Organization Content are set forth in Section 24 (Termination) below.

Rights in Content Granted by Enqo. Subject to your compliance with these Terms, Enqo grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to Use Enqo Services and Enqo Content (“ User License”). User License is subject to these Terms and does not include any right to: (i) copy, reproduce, distribute, publicly perform or publicly display Enqo Content, except as expressly permitted by us or our licensors, (iii) modify Enqo Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Enqo Content, except as expressly set forth in these Terms, (iv) use any data mining, robots or similar data gathering or extraction methods in relation to Enqo Content, or (v) use Enqo Content other than as expressly provided in these Terms. Any Use of Enqo Services or Enqo Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate User License granted under these Terms.

Monitoring Content. Although we are not obligated to monitor your Use of Enqo Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating Enqo Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content and Organization Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects Enqo Services. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law.

6. PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable contract, intellectual property law, any other applicable law or third-party rights (including Enqo rights) or commit a tort, and you are solely responsible for your conduct while Using Enqo Services. You represent, warrant and agree that you will not Use Enqo Services by uploading User Content or Organization Content, or otherwise (all of the following conduct includes any attempts to perform any of the following):

  • In any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying Enqo Services or that could damage, disable, overburden or impair the functioning of Enqo Services in any manner;
  • To engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking, or otherwise objectionable conduct;
  • To Use another User’s Account without authorization from that User and us;
  • To decipher, decompile, disassemble, reverse engineer or decode any aspect of Enqo Services (including any underlying idea or algorithm), do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit access to any part of Enqo Services;
  • To access any feature or area of Enqo Services that you are not authorized to access;
  • To develop or to use any third-party applications that interact with Enqo Services without our prior written consent, including any scripts designed to scrape or extract data from Enqo Services;
  • To display, mirror or frame Enqo Services, or any individual element within Enqo Services, any Enqo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
  • To probe, scan, or test the vulnerability of any Enqo system or network, or to breach any security or authentication measures;
  • To avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measures or security-related features implemented by Enqo or any of Enqo’s providers or any other third party (including another User) to protect Enqo Services;
  • To access or search Enqo Services or download User Content and/or Enqo Content (from Enqo Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Enqo or other generally available third-party web browsers;
  • To use any meta tags or other hidden text or metadata utilizing Enqo’s trademark, logo URL, product or services name without our express written consent;
  • To forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way Use Enqo Services to send altered, deceptive or false source-identifying information;
  • To interfere with the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Enqo Services;
  • To gain unauthorized access to, interfere with, damage, or disrupt the servers on which Enqo Services are stored, or any server, computer or database connected to Enqo Services;
  • For any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
  • To Use Enqo Services from any country or region subject to a comprehensive U.S. embargo;
  • To violate any applicable law or regulation; or
  • To encourage, assist or enable any other party to do any of the foregoing.

You may only share User Content or Organization Content that is non-confidential and you have all necessary rights to disclose. You may not post, upload, publish, submit or transmit any User Content or Organization Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law;
  • May infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral rights, copyright or other intellectual or proprietary right of any person;
  • Contains any private or personal information of any person without such person’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • Is, in our sole judgment, objectionable or that restricts or inhibits any other person from Using or enjoying Enqo Services, or that may expose us or others to any harm or liability of any type.

7. SUBSCRIPTIONS

We may offer certain enhanced features of Enqo Services which you can purchase as a monthly or yearly subscription (collectively, “ Subscription”). For description of features, available via Subscriptions, please refer to our Site, Mobile App and your Account.

When you purchase a Subscription (“ Transaction”), we process your payment through a third-party payment processor  Stripe (“ Stripe”). Stripe may collect certain financial information from you to process a payment on our behalf in relation to your Transaction, such as your name, payment amount, credit card number, expiration date of your credit card, CVC code, email address and postal address for billing and some other payment information (“ Payment Information”). When you provide Payment Information to Stripe, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify Stripe of changes to your Payment Information. The amounts due from and payable by you for the Transaction will be presented to you before you place your order.

If you choose to initiate the Transaction, you expressly: (i) acknowledge and agree that all payments and monetary transactions are handled by Stripe, and (ii) agree: (a) to be bound by the Stripe’s  Terms of Service on behalf of yourself or the entity that you represent, (b) to pay the applicable fees and taxes, and (c) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You will receive an automatic email receipt from Stripe on a successful payment.

You expressly understand and agree that we shall not be liable for any payments, financial and monetary transactions between you and Stripe and you are responsible for all Transactions processed through Stripe. We are not liable for loss or damage from errant or invalid Transactions processed by Stripe. This includes Transactions that were not processed due to a network communication error or any other reason. If you process a Transaction, it is your responsibility to verify that the Transaction was successfully processed. Your order is not binding on us until accepted and confirmed by us. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

You understand that the Stripe services are subject to change at any time and such changes may adversely affect your ability to initiate a Transaction. You hereby understand and agree not to hold us liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to your Transactions, your Account with us and your Stripe account (if applicable).

If you have any concerns or objections regarding your Transaction or Subscription, you agree to raise them with us first.

8.AUTOMATIC RENEWAL OF SUBSCRIPTIONS AND THEIR CANCELLATION

Each of the available Subscriptions will require you to pay a fee, the amount of which will be set out in your Account. Your Subscription will automatically renew for an additional period equal in length to the expiring term at then-current fee unless you cancel your Subscription before such extension through the cancellation functionality provided in your Account or by contacting us via email at  support@enqo.com. As all amounts are payable and charged at the beginning of a monthly or yearly Subscription period, you must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period.

SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT IN CASE OF A SUBSCRIPTION CANCELLATION: (I) WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE FEES YOU ALREADY PAID FOR YOUR CURRENT SUBSCRIPTION PERIOD, (II) YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED SUBSCRIPTION PERIOD, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY, AND (III) YOU WILL CONTINUE TO RECEIVE SERVICES ORDERED UNTIL THE END OF YOUR CURRENT SUBSCRIPTION PERIOD.

9. CHANGES TO SUBSCRIPTIONS PRICING TERMS

We reserve the right to change our pricing terms for Subscriptions at any time and we will notify you in advance (e.g., via email, by posting notices on the Site or in your Account) of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply to Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to our pricing terms then you may choose not to renew and to cancel your Subscription in accordance with Section 8 (Automatic Renewal of Subscriptions and their Cancellation).

10. FUTURE FUNCTIONALITY

You agree that all Transactions, you make with us, are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features of Enqo Services.

11. OPEN-SOURCE LICENSES

Certain items of a third-party code may be included in Enqo Services that are subject to the GNU General Public License (“ GPL”) or other open-source licenses (“ Open-Source Software”). Open-Source Software is licensed under the terms of the license that accompanies such Open-Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede the terms and conditions of any applicable end-user license for such Open-Source Software. In particular, nothing in these Terms restricts your right to copy, modify and distribute such Open-Source Software that is subject to the terms of GPL.

12. FEEDBACK

We welcome any your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or Enqo Services (collectively, “ Feedback”). Enqo Services may have certain features that allow you to submit your Feedback to us and share such Feedback with other Users, or the public. You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in Enqo Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Enqo, and Enqo may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Enqo any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

13. THIRD-PARTY LINKS AND ENQO SERVICES

Enqo Services may provide links to third-party websites or resources. Enqo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Enqo 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 linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

14. MODIFICATION

Enqo reserves the right at any time to modify or discontinue, temporarily or permanently, Enqo Services (or any part thereof), with or without notice. You agree that Enqo shall not be liable to you or any third party for any modification, suspension or discontinuance of Enqo Services.

15. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “ Enqo Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“ Claims”) arising out of or related to: (i) your Use of Enqo Services, (ii) your User Content, Organization Content or Feedback, (iii) your violation of these Terms, (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights), and (v) your conduct in connection with Enqo Services. You agree to promptly notify Enqo Parties of any third-party Claims, cooperate with Enqo Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that Enqo Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Enqo Parties.

16. DISCLAIMERS

We do not control, endorse or take responsibility for any User Content or Organization Content (and its loss) or third-party content available on or linked to Enqo Services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Your Use of Enqo Services is at your sole risk. Enqo Services are 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, title, and non-infringement. In addition, we do not represent or warrant that Enqo Services are accurate, complete, reliable, current or error-free. We cannot and do not guarantee the continuous, uninterrupted or error-free operability of Enqo Services and that Enqo Services will respond at a certain speed. While we attempt to make your access to and use of Enqo Services safe, we cannot and do not represent or warrant that Enqo Services or servers, on which Enqo Services are stored, and any server, computer or database connected to Enqo Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of Enqo Services.

17. LIMITATION OF LIABILITY

Enqo and the other Enqo Parties will not be liable to you under any theory of liability — whether based in contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.

The total liability of Enqo and the other Enqo Parties, for any claim arising out of or relating to these Terms or Enqo Services, regardless of the form of the action, is limited to the amount paid, if any, by you to Use Enqo Services. In no event will Enqo’s total liability arising out of or in connection with these Terms or from the Use of or inability to Use Enqo Services exceed the amounts you have paid to Enqo for Use of Enqo Services or twenty ($20) U.S. dollars, if you have not had any payment obligations to Enqo, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Enqo and you.

The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Enqo or the other Enqo Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

18. RELEASE

To the fullest extent permitted by applicable law, you release Enqo and the other Enqo Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between Users and the acts or omissions of third parties.  You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

19. DISPUTE RESOLUTION; BINDING ARBITRATION

Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with Enqo and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Enqo seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Enqo seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Enqo waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or Enqo Services resolved in court. Instead, all disputes arising out of or relating to these Terms or Enqo Services will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“ Rules”) of the Judicial Arbitration and Mediation Services (“ JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and Enqo agree that any dispute arising out of or related to these Terms or Enqo Services is personal to you and Enqo and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Enqo agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“ FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Enqo agree that for any arbitration you initiate, you will pay the filing fee and Enqo will pay the remaining JAMS fees and costs. For any arbitration initiated by Enqo, Enqo will pay all JAMS fees and costs. You and Enqo agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR ENQO SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND ENQO WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying us in writing. The notification must be sent to:

Enqo Corp

Re: Arbitration Opt-out

16192 Coastal Highway, Lewes, Delaware, USA

support@enqo.com

In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 21 (Governing Law and Venue).

20. GOVERNING LAW AND VENUE

These Terms and your Use of Enqo Services will be governed by, construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between you and Enqo that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.

21. CHANGES TO THESE TERMS

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms on Enqo Services and update the “Effective date” above. You are expected to check our terms regularly so you are aware of any changes, as they are binding on you. We may also attempt to notify you of such changes by sending an email notification to the address associated with your Account, or providing notice on the Site or in your Account. Unless we say otherwise in our notice, the amended terms will be effective immediately and your continued Use of Enqo Services after we provide notice will confirm your acceptance of those changes. If you do not agree to the amended terms, you must stop Using Enqo Services.

22. ELECTRONIC COMMUNICATIONS

By Using Enqo Services, you also consent to receive electronic communications from us (e.g., via email, by posting notices on the Site and in your Account). These communications may include notices about Enqo Services, Subscriptions and your Account (e.g., Account verification, changes/updates to features of Enqo Services and their scope, prices of Subscriptions, technical and security notices) and are part of your relationship with us. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

23. TERMINATION

We reserve the right, without notice and in our sole discretion, to terminate your right to Use Enqo Services. We are not responsible for any loss or harm related to your inability to Use Enqo Services. You may delete your Account at any time by using the functionality provided in your Account on Enqo or by contacting us via email at  support@enqo.com. Upon any termination, discontinuation or cancellation of Enqo Services or your Account, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.

24. EXPORT RESTRICTION AND COMPLIANCE WITH LAWS

You acknowledge that Enqo Services are subject to U.S., foreign, and international export controls and economic sanctions laws and regulations and agree to comply with all such applicable laws and regulations, including, but not limited to, the U.S. Export Administration Regulations and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control. You also specifically agree not to, directly or indirectly, allow access to or use of Enqo Services in embargoed or sanctioned countries/regions, by sanctioned or denied persons, or for prohibited end-uses under U.S. law without authorization from the U.S. government.

25. HOW TO CONTACT US

If you have any questions, complaints or claims with respect to these Terms or Enqo Services, please contact us via email at  support@enqo.com or our mailing address:

Enqo Corp

16192 Coastal Highway, Lewes, Delaware, USA

26. MOBILE APP TERMS

You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use our Mobile App. We do not guarantee that Mobile App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that Mobile App will be available in any particular geographic location. As part of Enqo Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with Mobile App (“ Push Messages”). You acknowledge that, when you use Mobile App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over Push Messages settings and can opt in or out of these Push Messages through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of Mobile App, including your receipt of Push Messages from Enqo. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use Mobile App on your mobile device, including for your receipt of Push Messages from Enqo.

The following terms apply if you use Mobile App on any device that contains the iOS mobile operating system developed by Apple Inc. (“ Apple”).

  • Acknowledgement. You acknowledge that these Terms are concluded solely between you, and not with Apple, and us, not Apple. We are solely responsible for Mobile App and the content thereof. You further acknowledge that the usage rules for Mobile App are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of service as of the date you download Mobile App, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.
  • Scope of License. The license granted to you is limited to a non-transferable license to use Mobile App on any iPhone or iPad that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of service.
  • Maintenance and Support. You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Mobile App.
  • Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to Mobile App. In the event of any failure of Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for Mobile App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Mobile App. You and Enqo acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Enqo. However, you understand and agree that in accordance with these Terms, Enqo has disclaimed all warranties of any kind with respect to Mobile App, and therefore, there are no warranties applicable to Mobile App.
  • Product Claims. You and Enqo acknowledge that as between Apple and Enqo, Enqo, not Apple, is responsible for addressing any claims relating to Mobile App or your possession and/or use of Mobile App, including, but not limited to (i) product liability claims, (ii) any claim that Mobile App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
  • Intellectual Property Rights. You and Enqo acknowledge that, in the event of any third-party claim that Mobile App or your possession and use of Mobile App infringe third party’s intellectual property rights, Enqo, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
  • Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted persons.
  • Contact Name and Address. Any questions, complaints or claims with respect to Mobile App should be directed to:

Enqo Corp

16192 Coastal Highway, Lewes, Delaware, USA

support@enqo.com

  • Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using Mobile App.
  • Third-Party Beneficiary. You and Enqo acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

27. MISCELLANEOUS

  • Entire Agreement. These Terms constitute the entire agreement between you and us relating to Enqo Services and your Use of them, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Enqo and you relating to Enqo Services and your Use of them.
  • Language, Electronic Contract. The language of these Terms is the English language only. You hereby irrevocably waive any law applicable to you requiring that these Terms shall be localized to meet your language (as well as any other localization requirements) or requiring a delivery or retention of non-electronic records.
  • Waiver. The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of Enqo.
  • Remedies. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
  • Severability. If any provision of these Terms is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of the Dispute Resolution; Binding Arbitration Section above or by court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
  • Third-Party Beneficiaries. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and Enqo and are not intended to confer third-party beneficiary rights upon any other person or entity.
  • Assignability. You may not assign or transfer your rights under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  • Section Titles. The Section titles in these Terms are for convenience only and have no legal or contractual effect.