- 1.4 Additional terms and conditions may apply to certain additional services and features of the Service provided and developed by Enalito or third parties, for example, Facebook (“Additional Services”). In case the use of the Service includes such Additional Services, regardless of anything to the contrary stated herein, they may be exclusively governed by their provider’s standard terms and conditions applicable to such solutions. By accessing or using any Additional Service you acknowledge and agree that you have read, understood, and agree to be bound by such terms and policies applicable to Additional Services. If there is a conflict between these Terms of Service and the terms applicable to certain Additional Services, the terms applicable to certain Additional Services shall prevail with respect to your use of that Additional Service.
2. THE SERVICE
- 2.1 The Service is a cloud service intended for use in online web stores. The Service collects and analyzes an end user’s online behavior and makes it possible to calculate and automatically represent different types of intelligent product recommendations; create, manage and optimize advertising campaigns on social media channels; and offer other marketing automation functionalities. You can find a more comprehensive description of the Service and its features at www.enalito.com, as amended from time to time.
- 2.2 The Service is designed to help you increase your sales, but you remain responsible for how the Service is used and for achieving the intended goals and the results. It is your responsibility to ensure that the output and results of the Service meet the customer’s expectations and requirements.
- 2.3 Enalito may provide user assistance to you upon a reasonable request. If required, then you must allow Enalito to access the necessary information and facilities to the best of its ability, also, otherwise contribute to the delivery of the Service. If reasonably requested by you, Enalito’s officials can modify your recommendation templates, marketing campaigns, your online store and other settings based on mutually agreed instructions. All assistance shall be provided during Enalito’s standard business hours and at Enalito’s reasonable discretion.
- 2.4 Unless otherwise agreed in writing, you may use the Service solely in connection with, and for the purposes of your Online Store. You may represent and allow access to the displays generated with the Service on your Online Store only. Creating hyperlinks to the displays generated with the Service from a website other than your Online Store’s website is prohibited. Any modifications to Enalito scripts, plug-ins or other parts of Service in an attempt to misuse or abuse the Service and/or bypass the obligation to pay Enalito fees for services rendered is forbidden.
- 2.5 Enalito is constantly developing and enhancing the Service. Therefore, we may amend features of the Service by removing, modifying or adding existing or new features without any prior notice. We will, however, inform you of any material changes in the Service by posting a notice at www.enalito.com.
3. USE OF SERVICE
- 3.1 Communications: You are responsible for obtaining and maintaining all of the appliances, hardware, software, and services that you may need to access and use the Services. Without limiting the foregoing, you must obtain and maintain, and pay all charges, taxes and other costs and fees related to Internet access, telephone, computer, and other equipment, and any communications or other charges incurred by you to access and use the Services.
- 3.2 Conduct: You are solely responsible for your Online Store and your conduct and any data, text, links, information, image and/or any other material (“Content”) that you choose to display through the Service on your Online Store.
- 3.3 Passwords: You are responsible for protecting and safeguarding any keys, certificates, passwords, access codes, your IDs or other credentials and login information (collectively, “Passwords”) that have been provided to you or that are generated in connection with your use of the Services. You will not disclose or make available any Passwords other than to employees authorized by you and shall use all commercially reasonable efforts to prevent unauthorized access to, or use of, the Passwords or the Services. You are solely and fully responsible for all activities that occur in connection with your passwords. Without limiting the foregoing, You are responsible for all charges and liabilities applicable to data and information transmitted to and stored under your account on the Services. In the event you believe that the Passwords have been compromised, you are solely responsible for notifying Enalito immediately by email to email@example.com
- 3.4 Downtime: You acknowledge that your access to and use of the Services may be suspended for the duration of any scheduled or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions, or any other acts, omissions or failures on the part of Enalito.
- 3.5 Suspension, Limitation or Termination: Enalito shall be entitled, without liability to immediately suspend, terminate or limit your access to the Services at any time in the event (i) that Enalito determines, in its sole discretion, that the Services are being used in violation of applicable federal, state or local law or ordinance, these Terms of Service, or any agreement applicable to the Services; (ii) that Enalito, in its sole discretion, determines that the Services are being used in an unauthorized, inappropriate, or fraudulent manner; (iii) that Enalito determines that the use of the Services adversely affects Enalito’s equipment or service to others; (iv) Enalito is prohibited by an order of a court or other governmental agency from providing the Services; (v) of a denial of service attack or any other event which Enalito determines, in its sole discretion, may create a risk to the Services or to any other customers if the Services were not suspended; or (vi) of a security incident or other disaster that impacts the Services or the security of your data. In addition, Enalito shall have the right to immediately deny or suspend access to the Enalito Platform or Services in the event Enalito, is not paid any amount due in connection with the Services or your breach or alleged breach of these Terms of Service. Without limiting the generality of Section 3, Enalito shall have no liability for any damages, liabilities or losses as a result of any suspension, limitation or termination of your right to use the Services in accordance with these Terms of Service.
- 3.6 Prohibited Activities: You may not use the Services (i) in violation of these Terms of Service, including usage that exceeds parameters and restrictions described on the applicable Service Order or on the Enalito Site; (ii) to infringe on, violate, dilute or misappropriate the intellectual property rights of any third party or any rights of publicity or privacy; (iii) to violate any law, statute, ordinance or regulation; (iv) to store, or transmit throughout, defamatory, trade libelous, unlawfully threatening, or unlawfully harassing data; (v) to store or transmit obscene, pornographic or indecent data in violation of applicable law; or (vi) to introduce or propagate any unauthorized data, malware, viruses, Trojan horses, spyware, worms, other malicious or harmful code. You may not use the Enalito Platform or Services in any application that may involve risks of death, personal injury, property damage or environmental damage. You may not interfere with or attempt to interfere with or disrupt the integrity, security, functionality or proper working of the Services or the Enalito Platform. You may not attempt to discover or use any license keys, access codes or similar information provided from time to time to Enalito. You may not attempt to discover, access, read, alter, destroy, or damage any programs, data or other information stored on or in connection with the Enalito Platform or Services by any other party. You may access the Services only through the interfaces and protocols provided or authorized by Enalito. You may not access the Enalito Platform or Services through unauthorized means, such as unlicensed software clients. You may not compile or use the Enalito provided materials or any other information obtained through the Services or the Enalito Platform for the purpose of spamming, unsolicited contacting of sellers or yours, or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations.
- 3.7 No Children’s Information: You agree not to upload or incorporate into any customer lists, or otherwise provide to Enalito any information about individuals that you know or have reason to know are under the age of 13. If you discover that it has been uploaded, incorporated into any your lists, or otherwise provided to Enalito any information about individuals that you know or discover are under the age of 13, you agree to promptly remove such information from Enalito’s systems and notify Enalito of such occurrence.
- 3.8 Changes to the Services: Enalito has the right to change, modify, update, add to, discontinue or retire the Services and any aspect or feature thereof, including but not limited to, hours of availability, equipment needed for access or use, and the type and size of files that can be stored or transmitted. Enalito may provide notice of material changes to the Enalito Platform or Services by posting them on the Enalito Site. It is your responsibility to check the Enalito Site periodically to be informed of any changes. You understand and agree that Enalito may change the telephone number(s) and/or the credit card payment processing system. You agree that Enalito will not be liable for damages (including consequential or special damages) arising out of any such change and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if Enalito has been advised of the possibility of such damages.
4. USER REGISTRATION
Using the Service and Additional Services is subject to our price list, available through your Enalito representative or at www.enalito.com. We may change the price list from time to time. The available payment methods are described at www.enalito.com.
6. RIGHT TO USE AND PROPRIETARY RIGHTS
- 6.1 Subject to Enalito’s confirmation of your registration, Enalito grants you a non-exclusive, non-transferable, revocable, non-sub-licensable limited right to access and use the Service and Enalito Software, subject to your payment of the agreed fees, in accordance with these Terms of Service and the terms applicable to Additional Services.
- 6.2 You agree and acknowledge that the title and all intellectual property rights in and to the Service and any data, documentation, images related thereto are owned and remain vested in Enalito or a third party (such as Enalito’s licensor). No intellectual property rights shall be transferred pursuant to these Terms of Service.
- 6.3 In case you comment on the Service or provide suggestions for improving the Service, then you agree that all such comments, suggestions, and ideas thereof will be fully assigned to Enalito and hence Enalito shall own all rights to use and incorporate them into the Service.
7. DATA PROTECTION AND PRIVACY
- 7.1 When you use the Service, our servers (which may be hosted by a third-party service provider, such as Amazon Web Services) collect information automatically from your Online Store. We will act as the data controller with respect to the personal data we may have collected from you during registration or provision of support services if any. To the extent we collect any personal data of end-users of your Online Store, we will act as your data processor with respect to such personal data.
- 7.2 We do not knowingly collect or solicit personally identifiable information from individuals under sixteen (16) years of age; if you or any of your end users are under sixteen (16), please do not attempt to register for or otherwise use the Service or send us any personal information. If we learn we have collected personal information from an individual under sixteen (16) years of age, we will delete that information as quickly as possible. If you believe that an individual under sixteen (16) may have provided us personal information, please contact us at firstname.lastname@example.org
- 7.3 Applicability of GDPR: You acknowledge and agree that if you use (or instruct, permit, or enable any of your employees, contractors, partners, or customers to use) any of the Services, including the Enalito Platform, to collect, retrieve, send, store, host, transfer, or otherwise process or use any End Customer Data relating to any natural persons located in the European Union, then such activities shall be subject to the EU Data Protection Laws, which is hereby incorporated into these Terms of Service by this reference.
You agree to indemnify and hold Enalito, its Partners, investors, officers, directors, affiliates, subsidiaries, licensors, agents and employees (collectively, the “Enalito Parties”) harmless against any loss, liability, claim, demand, damages, penalties, settlements, costs and expenses, resulting from any claim (including third party claims), suit, action or proceeding against an Enalito Party, or arising out of/ in connection with these Terms of Service or the documents it incorporates by reference, your use of the Service (including any actions taken by a third party using your account), or your violation of any law or the rights of a third party.
9. LIMITATION OF WARRANTY
- 9.1 We, our officers, directors, employees and our suppliers provide the service on a reasonable-effort basis. While we endeavor to ensure that the service is available at all times, we make no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure or error-free, nor do we make any warranty as to the results that may be obtained from the service or as to the accuracy or reliability of any information obtained through the service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the service.
- 9.2 Products and services purchased are provided “AS IS” and without any warranty of any kind from Enalito or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). We warrant that in the event that the service is not available or that there are errors in its operation we will use every reasonable effort to resolve the event. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
- 9.3 EXCEPT AS EXPRESSINGLY PROVIDED HEREUNDER, THE ENALITO PLATFORM AND THE SERVICES ARE PROVIDED TO CUSTOMER “AS IS,” WITHOUT WARRANTY OF ANY KIND. ENALITO HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THESE TERMS OF SERVICE, THE ENALITO PLATFORM, THE SERVICES OR THE OFFERS, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF CUSTOMER ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
10. LIMITED LIABILITY
- 10.1 To the maximum extent permitted by applicable law, in no event will Enalito be liable to you or any other third party for lost revenues, lost profits or other special, incidental, indirect, punitive, consequential, relied or exemplary damages arising from your or any other third party’s use of or inability to use the services including, but not limited to, loss of technology, loss of data or interruption or loss of use damages whether or not Enalito has been advised of the possibility of such damage or loss.
- 10.2 The maximum aggregate liability of Enalito, its licensors, vendors and resellers arising out of or in connection with these terms of service, whether in contract, tort (including negligence, strict liability or otherwise), shall not exceed the actual fees paid by you for the service for the three months period immediately preceding the initial event giving rise to cause of action hereunder.
- 10.3 You may not bring any suit or action against Enalito for any reason whatsoever more than one (1) year after the cause of action accrued. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation and exclusions may not apply to you.
11. DISPUTE RESOLUTION, GOVERNING LAW, AND ARBITRATION
- 11.1 If we are not able to solve a dispute amicably in due course, such dispute, controversy or claim arising out of or relating to these Terms of Service or the breach, termination or invalidity thereof shall be settled by a single arbitrator in accordance with the Arbitration Rules of India. The arbitration shall be held in India, and the arbitration proceedings shall be conducted in the English language.
- 11.2 These Terms of Service shall be governed by and construed in accordance with the laws of India. The parties hereto consent to submit to the jurisdiction of the Courts of Pune for any actions, suits or proceedings arising out of or relating to these Terms of Service.
- 11.3 The existence and any material relating to arbitration proceedings shall be deemed confidential information. Notwithstanding the above, we may choose to submit any claim for unpaid fees or payments before the court of any competent jurisdiction. These Terms of Service shall be subject to the laws of India, excluding its choice of law provisions.
- 11.3 In the event a dispute arises between you and us, please email us at email@example.com and we will work quickly towards a solution.
THE PARTIES EXPRESSINGLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS-ACTION IN ANY FORUM. YOU AGREE THAT DISPUTES BETWEEN YOU AND ENALITO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
12. TERM AND TERMINATION
- 12.1 If you are entering into a service agreement or other similar document with Enalito (“Agreement”), the applicable termination provisions are stipulated in that Agreement. In a case where a separate Agreement is not executed, a party may terminate the service at any time upon ___90__days prior written notice to the other Party. Your written termination notice shall be sent to firstname.lastname@example.org. Enalito’s written termination notice shall be sent to the email address you have provided upon registration.
- 12.2 Only in case of a material breach, the non-breaching party may terminate the service with immediate effect by a written notice if the other party commits a material breach of the Agreement and fails to Resolve the same within fourteen (14) days after receipt of a written demand from the non-breaching party to cure the breach. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
- 12.3 Upon termination, all fees payable to Enalito until the end of the then-current Agreement term, if any, will become immediately due and payable, your right to use the service ceases and we will remove your account.
In the event that any provision contained herein shall for any reason be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, to such extent such provision shall be deemed null and void and severed from these Terms of Service, and the remainder hereof shall remain in full force and effect and enforceable.
14. FORCE MAJEURE
If either party is unable to perform any of its obligations hereunder (other than payment obligations) due to any act of God like fire, casualty, flood, war, strike, shortage or any other cause beyond its reasonable control, and if such party uses reasonable efforts to avoid such occurrence and minimize its duration and gives prompt notice to the other party, then the affected party’s performance shall be excused and the time for its performance shall be extended for the period of delay or inability to perform. If the force majeure continues for more than thirty (30) calendar days, then either party may terminate these Terms of Service for convenience upon written notice to the other party.
Please send any feedback and suggestions that You have for the Online Services to email@example.com. You agree that the Company is at liberty to use and incorporate the feedback and suggestions in the Online Services without affecting its rights and title in the Online Services.
If you have any questions or concerns about what has been stated in this Terms of Service, please contact us at firstname.lastname@example.org.