Terms of Service

1. Who these Terms apply to

The Service is for business use. If you use it on behalf of a company or other organization (the "Customer"), you confirm you have authority to accept these Terms for it, and "you" includes that organization.

If the Customer has a separate signed agreement with Enmight, that agreement governs where it conflicts with these Terms.

2. Accounts and workspaces

• Provide accurate information and keep your sign-in secure. You are responsible for activity under your account.
• Workspace administrators control who can access the workspace and what they can do. The Customer is responsible for its users' compliance with these Terms.
• Tell us promptly at [email protected] if you believe your account has been compromised.

3. Your content

• You own your content. Inspections, photos, reports, documents and other material you or your organization put into the Service ("Customer Content") belong to the Customer.
• Our permission to use it. You grant Enmight a limited license to host, store, process, transmit and display Customer Content only to provide, secure and support the Service, and as the Customer directs. For example, when you share documents or send reports.
• Your responsibility. You confirm you have the rights needed for Customer Content, including consent to photograph and share it, and that it doesn't violate the law or anyone's rights.
• Our Privacy Policy explains how we handle personal information.

4. Inspection results are not official certifications

The Service helps you record inspections and calculate grades against the standards you choose and configure. Results depend on the data entered, how the product was sampled, and how those standards are set up.

Results from the Service are not an official inspection, grade or certification by the U.S. Department of Agriculture or any other government body, unless an authorized inspector issues them. You remain responsible for your commercial and regulatory decisions, including acceptance, rejection and claims, and for meeting the rules that apply to you.

5. Acceptable use

You won't:

• use the Service unlawfully, or to harass, deceive or harm others;
• upload malware, or attempt to breach the Service's security or access data that isn't yours;
• reverse engineer the Service, except where the law allows it despite this restriction;
• overload or disrupt the Service, or scrape it by automated means we haven't permitted;
• resell or provide the Service to third parties, except as the Service is designed to allow;
• use the Service to build a competing product.

6. Third-party services

The Service works with third-party services, such as signing in with Google or Microsoft, or connecting Gmail or Outlook to send email. Your use of those services is governed by their own terms. We are not responsible for them, and a connected service may change or become unavailable.

7. Beta and test versions

We may offer early or test versions of the Service, including through Apple TestFlight. They are provided "as is", may change or stop without notice, may be less reliable, and may lose data. Don't rely on them for critical work.

8. Fees, renewal and cancellation

• Self-serve plans are billed in advance by card through Stripe, monthly or annually as you choose at purchase, and renew automatically for the same period until cancelled.
• Cancelling. You can cancel at any time from the billing settings in the Service. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Refunds. We don't refund partial billing periods, except where the law requires.
• Reminders and price changes. We email a reminder before an annual plan renews. We give at least 30 days' notice by email before a price change, which applies from your next renewal.
• Enterprise plans are billed as set out in the Customer's order form or signed agreement. Unless that says otherwise, they renew for successive one-year terms unless either party gives written notice at least 30 days before the end of the current term.

The iOS app sells nothing; purchases are made on the web.

9. Enmight's property and feedback

Enmight and its licensors own the Service, including its software, design and content other than Customer Content. These Terms don't give you any rights in it beyond using the Service. If you send us suggestions or feedback, we may use them without obligation to you.

10. Suspension and termination

• You can stop using the Service at any time. Customer administrators can close the workspace, or ask us to.
• We may suspend or end access if you materially breach these Terms, if your use threatens the Service's security, or if the law requires it. Where practical, we'll give notice first.
• After termination, the Customer can export its Customer Content for 30 days. After that we may delete it, as described in the Privacy Policy.
• Sections 3 (our license ends except to complete deletion), 4, 9, 12, 13, 14 and 15 survive termination.

11. Changes to the Service and these Terms

We may improve or change the Service. We may update these Terms. If a change is material, we'll notify you through the Service or by email at least 30 days before it takes effect. Continuing to use the Service after that means you accept the change.

12. Disclaimers

Except as expressly stated in a signed agreement, the Service is provided "as is" and "as available". To the fullest extent the law allows, Enmight disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and that the Service will be uninterrupted or error-free.

13. Limitation of liability

To the fullest extent the law allows:

• Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility.
• Each party's total liability arising from these Terms is limited to the amounts the Customer paid Enmight in the 12 months before the claim, or US$100 if nothing was paid.

These limits don't apply to a party's indemnity obligations, or to liability that can't be limited by law.

14. Indemnity

The Customer will defend and indemnify Enmight against third-party claims arising from Customer Content, or from the Customer's or its users' breach of these Terms or misuse of the Service.

15. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, excluding its conflict-of-law rules. Disputes are resolved exclusively in the state or federal courts located in New Jersey, and both parties consent to those courts.

16. Apple App Store terms

If you use the iOS app downloaded from Apple's App Store:

• These Terms are between you and Enmight, not Apple. Apple is not responsible for the app or its content.
• Your license to use the app is non-transferable and limited to Apple-branded devices you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. Apple has no other warranty obligation for the app.
• Enmight, not Apple, is responsible for addressing claims about the app, including product liability, failure to meet legal or regulatory requirements, consumer protection and privacy claims.
• Enmight, not Apple, is responsible for investigating and resolving claims that the app infringes a third party's intellectual property.
• You confirm you are not located in a country subject to a U.S. government embargo, and are not on a U.S. government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17. General

These Terms, with the Privacy Policy and any signed agreement, are the entire agreement about the Service. If a provision is unenforceable, the rest remains in effect. Not enforcing a provision isn't a waiver. You may not assign these Terms without our consent; we may assign them in a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.

18. Contact

Enmight Technologies Inc
574 Sylvan Ave, Englewood Cliffs, NJ 07632
[email protected]