Terms and condition
This Agreement (the “Agreement”) is a legal agreement between You (an entity or person) (refered to as “You” here on) and The Company (referred to as “Enthu.AI” here on), that governs Your limited, non-exclusive, terminable right to use the Enthu.AI website and related services (“Site”), the servers the Site is stored on, the computer files stored on that server (collectively, the “Service”). The company runs the product Enthu.AI.
By using the Service, You agree to be bound by the terms of this Agreement.
IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Enthu.AI may amend this Agreement from time-to-time. All amended terms automatically take effect on the earliest of a) the day You use the Service or b) 10 days after they are initially posted on the Site.
Your use of the Site or the Service following the effective date of any modifications to this agreement will constitute Your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice.
You warrant that you are at least 18 years of age or the applicable state age of majority and that you possess the legal right and ability to enter into this Agreement.
You are allowed to invite two types of user accounts to Your Enthu.AI Service:
- “User” means an employee, consultant or contractor who is authorized by You to use Your Enthu.AI account
- “Administrator” means a person authorized to act on behalf of You, who is responsible for the administration and management of Your Enthu.AI account.
1. Services Offered by Enthu.AI
Enthu.AI provides the ability to analyze voice calls made by a 3rd party phone system or a video conferencing solution.
Enthu.AI is not a “dial-tone” provider and is not a replacement for any phone lines, whether wired, wireless or Internet based. The Enthu.AI service allows You to analyze audio and video calls of your calling agents and take measures to coach and train your resources. In particular, the Enthu.AI Service does not support any surveillance of calls without the knowledge of your users. It is Your responsibility to inform Your Users that it is only for your official calls and for training and mentoring purposes.
Because the Enthu.AI Service relies on Your third-party VoIP service, any limitations in that service will also limit the manner in which You can use the Enthu.AI Service.
2. Quality and maintenance
Enthu.AI will use reasonable endeavors to provide the Enthu.AI Service with minimum disruptions. However, Enthu.AI can’t guarantee that the Service will always function without disruptions, delay or other imperfections. Since the Enthu.AI Service will be transmitted through public internet lines and the public switched telephone network, there may be power outages or internet service disruption and You may experience some disruptions e.g. packet loss and delay which will interfere with the quality of Your communications.
Enthu.AI may change technical features in order to keep pace with the latest demands and technological developments or to comply with any Applicable Laws. Enthu.AI may also have to repair, improve, and/or upgrade the Enthu Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service at any time in our sole discretion.
3. Limited License
Enthu.AI grants You a limited, revocable, non-exclusive, non-transferable license to use the Service for Your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement.
- You agree not to resell the Service.
- You may not modify, reverse engineer, decompile or disassemble any part of the Service.
- You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of Enthu.AI.
- You may not use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene or that infringes the rights or intellectual property of others.
- You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement.
- You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
- You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights.
- You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright law any jurisdiction.
Any such forbidden use shall immediately terminate Your license to the Service.
4. Use of Enthu.AI
You will not use the Enthu.AI Services is any illegal, abusive, interfering or otherwise unacceptable or inappropriate manner, including:
- to violate any law, regulation or other published policy;
- to violate or infringe on intellectual property, privacy, or rights of others;
- to violate any agreement, rules or policies that govern the use of Your mobile device;
- to transmit any content that is illegal, abusive, harassing, racist, hateful, or in our sole discretion objectionable;
- to transmit sexually explicit, pornographic, obscene, or other content which in our sole discretion we find objectionable;
- to sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Enthu.AI account;
- to stalk, harass, or harm another individual; or
- to impersonate another, misrepresent or falsely identify Yourself.
- to violate any applicable third party policies or requirements that Enthu.AI has communicated to You.
- to engage in fraudulent activity with respect to third parties
You and Your Administrators may appoint additional Administrators of Your Enthu.AI account, and each Administrator shall be required to accept and agree to this Agreement. You shall procure that all Administrators read, agree to and comply with this Agreement and You shall be responsible for any breach of the Terms by such Administrator(s).
5. Pricing and Billing
Enthu.AI will not charge You to use its Services during a free trial period. At the end of this trial period (also refreered to as pilot period) or whenever you wish to obtain additional services not included in the free trial, You are required to sign up for a paid plan, which requires You to affirmatively select a plan and pay by entering Your credit card information.
You authorize Enthu.AI to charge and/or place a hold on Your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and You agree that Your acceptance of this Agreement is authorization to the issuer of the credit card to pay all such amounts.
You authorize Enthu.AI and/or any other company acting as billing agent for Enthu.AI to charge Your credit card on a recurring monthly/yearly basis on the monthly/yearly anniversary of Your initial registration for a paid Enthu.AI plan and to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Your credit card until such amounts are paid in full.
You will provide Enthu.AI with updated credit card information upon Enthu.AI’s request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. Enthu.AI is not liable for any non-sufficient funds or other charges incurred by You as a result of such attempts to charge, and/or place holds on, Your credit card. If You mistakenly provide a debit card number, instead of a credit card number, You authorize all charges described herein to be applied to such debit card unless and until You provide a credit card number.
For paid plans, usage and monthly fees will be charged directly to the credit card you provide to us as specified in our pricing plans discussion and subsequent agreements. For any service provided by Enthu.AI to its customers, additional fees such as local taxes (GST, VAT, etc.) will be charged in addition to the prices mentioned.
You agree that for amounts not paid by the due date, we may charge, as a part of its rates and charges, and You agree to pay, a late payment fee of 5% per month of delayed period from the data of payment fail or the maximum allowed by law. In the event You fail to pay billed charges when due and it becomes necessary for us to refer Your account(s) to a third party for collection, we will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18% to cover our internal collection-related costs.
If You use the Enthu.AI Service from a device using mobile data connection (ex. 3G or 4G), you will use a part of the data allowance of Your personal data plan. If You use a mobile data connection outside of Your home country, Your operator may charge You roaming fees.
If Customer disputes in good faith any portion of an invoice, Customer must, within 10 calendar days of invoice issuance, provide Enthu.AI with written notice of dispute and documentation substantiating the basis for the dispute. Customer shall pay all undisputed amounts. If Customer does not dispute any portion of an invoice in writing within 10 calendar days, Customer shall have irrevocably waived its right to dispute that invoice
The Parties expressly acknowledge that Enthu.AI is not obliged to transfer to the Customer the specific complaint or request for information received from an LEA, as this is confidential in nature. However, this shall not preclude Enthu.AI to invoice the Customer the administrative fee for said request for information.
6. Fair Use Policy
Enthu.AI may offer currently or in the future plans on an “unlimited” use and/or “unlimited minutes” basis. All unlimited plans:
- May only be used for normal business use,
- Are provided only for dialog between two or more individuals
Enthu.AI reserves the right upon prior notice to disconnect or suspend your Service if Enthu determines that your use of the Service violates any point of the Fair Use Policy above.
This Service Description may be amended from time to time whenever Enthu.AI adds or eliminates Services or to improve the characterizations of the Services. Continued use of the Services following such updates constitutes express acceptance of the new Service Description term.
7. Proprietary Rights
All right, title and interest in the Service and any content contained herein is the exclusive property of Enthu.Ai, except as otherwise stated. Unless otherwise specified, this Service is for Your personal and commercial use only. If You copy or download any information or software from this Site, You agree that You will not remove or obscure any copyright or other notices or legends contained in any such information. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from the Service, except for the purposes expressly provided herein, without Enthu.AI’s prior written approval. All trademarks, trade names, service marks and logos are proprietary to Enthu.AI. Your use of any marks on the Site in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by Enthu.AI, is strictly prohibited.
8. Refund Policy
Upon account cancellation, you don’t get a refund for your past payments. Your card is not charged from the next billing cycle. If you remove a user from your account, a new downgrade plan is applicable from the next billing cycle.
No refunds will be issued on offers and discounts.
Transcription credits added by Enthu.AI as a part of offer, promotion or other gestures will not be refunded.
Refund requests are accepted only under the following cases:
- Duplicate payment
- Charges done by mistake after account cancellation.
- A refund asked in the initial trial period, in case the service fee was already paid.
Except for actions brought by Enthu.AI for non-payment, no claim for losses or damages whatsoever in connection with the Agreement shall be made more than six (6) months after the date of the event giving rise to such damages is known or reasonably should have been known to the party making such claim.
Customer expressly acknowledges and agrees that Enthu.AI shall in no circumstance be liable for any direct or indirect damages or any third party claims due to any failures of another service provider.
9. Content License
You grant Enthu.AI a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all rights that You have as the copyright owner in any content or feedback that You provided to us.
The materials on Enthu.Ai web site are provided “as is”. Enthu.AI makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Enthu.AI does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Since the Enthu.Ai Service is dependent on your 3rd party telephony provider, we do not guarantee that any portion of the Service will be continuous or error-free.
In no event shall Enthu.AI or its suppliers be liable for any consequential, indirect, special, punitive or similar damages, including loss of data or profit, or business interruption, arising out of the use of, or inability to use, the Service, even if Enthu.AI or an Enthu.AI authorized representative has been notified orally or in writing of the possibility of such damage.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Enthu.AI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $100. Any cause of action You may have with respect to Your use of the Site and service provided by the Site must be commenced within one (1) year after the claim or cause of action arises. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.
The materials appearing on Enthu.AI’s Site may include technical, typographical, or photographic errors. Enthu.AI does not warrant that any of the materials on its Site are accurate, complete, or current. Enthu.AI may make changes to the materials contained on its Site at any time without notice. Enthu.AI however, makes no commitment of any kind to update the materials.
13. Assumption of Risk
You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. While Enthu.AI has endeavored to create a secure and reliable Service, please be advised that the confidentiality of any communication or material transmitted to/from a Service over the Internet cannot be guaranteed. Accordingly, Enthu.AI is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Enthu.AI shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Service. Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
14. Your Responsibility to Protect Data and Password
It is Your responsibility to protect Your personal data and maintain the confidentiality of Your user information and password. You are also responsible for immediately notifying Enthu.Ai of any unauthorized use of Your account, or breach of Your account information or password. Enthu.AI will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for Your failure to safeguard user and password information and/or promptly notify Enthu.AI about unauthorized use of Your account or breach of Your account information or password.
The Site may include links to certain website, materials, or content developed by third parties. Enthu.AI has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Enthu.AI of the Site. Use of any such linked website is at Your own risk. Enthu.AI reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.
16. Enforcing Security
Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For Your protection, we reserve the right to view, monitor, and record activity on the Site without notice or further permission from You, to the fullest extent permitted by applicable law. This right extends to our review of message content and details pertaining to claimed violations of our Spam Policy. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.
17. Compliance with Laws
You will use the Enthu.AI Service in full compliance with all applicable laws and regulations with regard to Your use of the Service including, without limitation, national laws, individual state laws, international laws and all other laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications. You will not use the Service in violation of any service agreement that You have with a third-party telecommunications provider. If necessary and in accordance with applicable law, Enthu.AI will cooperate with local, state, federal, and/or international government authorities to protect its Site, Materials, Content, Services, Accounts, visitors, customers, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of its Site, Materials, Content, Services and Accounts.
Enthu.AI is fully authorized to access and (or) share your full details but not limited to demographics, billing, call logs, usage, IP addresses, users details, recordings whenever requested by law enforcement agencies, governing authorities or any regulating body.
You will indemnify and hold Enthu.AI, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of this Agreement, Your violation of any law, or the rights of a third party.
19. Termination of License/account/service
Enthu.AI may terminate Your right to use the Service with or without cause at any time, We would consider “taking advantage” to be the breach of any point of Enthu.AI’s Fair Use Policy set above. You may also terminate this Agreement at any time directly from Your Enthu.AI account or by sending us an email to firstname.lastname@example.org. Termination of this Agreement becomes effective at the end of the ongoing billing cycle.
Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on Your use of the Service as set forth in the Section Pricing & Billing shall survive such termination, and You agree to be bound by those terms.
Enthu.AI reserves the right to block/terminate/cancel/delete the subscription/account anytime with immediate effect if customer is found suspicious to any illegal/fraudulent/abuse/misuse/spamming from/of the system based on internal security parameters, policies, patterns, or reported by carrier, government agency or any government undertaking. No explanation will be provided to the customer and the decision cannot be questioned/contested against Enthu.AI whatsoever. Enthu.AI will not be questioned/responsible/liable for any losses due to this, whatsoever. The customer agree NOT to contest the billable or charges for the services used. Refund will be processed on pro-rata basis.
If Customer fails to (i) sufficiently fund its account to pay for the Services or (ii) properly dispute an unpaid invoice by the due date, Enthu.AI may terminate the Agreement and cease providing the Services without notice or liability to Customer. The rights and remedies provided in this clause are in addition to any provided by law or under the Agreement.
Enthu.AI may immediately terminate the Agreement without prior notice in following case:
it has reasonable grounds to believe that the Service is being used fraudulently, illegally, or in violation of the terms of this Agreement. Enthu.AI shall not be liable for any loss, damage or inconvenience suffered by Customer as a result of termination made pursuant to this clause. Customer will not be entitled to any compensation should such termination occur.
Upon termination, any unused credits in Customer’s business account will be cancelled and no refund will be payable, unless otherwise communicated in writing by Enthu.AI.
20. Governing Law
Any claim relating to Enthu.AI site shall be governed by the laws of the UT of Chandigarh, India without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be in an appropriate state or Indian court located in the UT of Chandigarh. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect. A printed version of this agreement shall be admissible in judicial or administrative proceedings.
21. Waiver of Jury Trial
Each of the parties waives its rights to a trial by jury of all claims or causes of action (including counterclaims) related to or arising out of this agreement brought by either party against the other. This waiver will apply to any subsequent amendments of or modifications to this agreement.
22. No Class Actions
All claims between the parties related to this Agreement will be litigated individually and You will not consolidate or seek class treatment for any claim with respect to the Services.
23. Waiver of Compliance of this Agreement
Even if we do not require strict compliance with the Agreement in each instance, You will be obligated to comply with the Agreement. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by You of any of the provisions of the Agreement, will in no way waive Your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written.
Any and all waivers by Enthu.AI of any provision, condition or requirement of the Agreement will only be effective against Enthu.AI if it is in writing and signed by an authorized officer of Enthu.AI , and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
24. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You. We may also substitute, by way of unilateral novation, effective upon notice to You, for any third party that assumes our rights and obligations under this Agreement.
25. No Injunctive Relief
In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
26. Legality of Use
You should ensure that it is legal to use transcription service like Enthu.AI in your country. Any call which is illegal or restricted by the law of your country should be restricted.