The terms in the left column below govern access to and use of websites offered by enaible Inc. (“enaible” or “we”) that link to these terms. The right column below offers a short explanation of the terms, but the left column governs.
We provide AI As A Service via AI subscription services powered by enaible’s engine (the “Engine”) that provides and/or supports the following services: (i) results, insights, and scores (collectively, the “Scores”) for employees, which measure productivity in the workplace, (ii) solutions based upon the scores (“Solutions”), and (iii) leadership recommendations (the “Recommendations”) related to the foregoing (the Engine, the Scores, the Solutions, and the Recommendations collectively the “Products”).
In short, enaible offers products and services to measure and improve organizational and employee productivity.
Our sites comprise of publicly accessible sections with information about our Products and sections that require you to log in (“Login Pages”). If you access our Login Pages you acknowledge and warrant that you have either received credentials to access the Login Pages from a company working with enaible (“Credentials Provider”) or that you have received such credentials directly from enaible in your capacity as a representative of a Credentials Provider. If you are an employee or independent contractor of enaible, enaible is your Credentials Provider. You may not access the Login Pages, unless you are in a jurisdiction where local laws allow you to use our Products and you comply with these enaible Terms and applicable law at all times. You acknowledge and agree that the Credentials Provider, and not enaible, is responsible for ensuring that its and your use of the Products is legal. You agree to only use the Products and access the Login Pages within the scope of your employment or independent contractor relationship with the Credentials Provider and agree not to use the Products or access the Login Pages for personal use. You acknowledge and agree that the Credentials Provider, and not enaible, is responsible for any notice and consent requirements that may apply to you in any employer-employee or independent contractor relationship.
In short, enaible offers products and services to companies, not individuals. If you are not acting for a company, do not login to use our products.
You are responsible for the security and confidentiality of your use of the Products, your account and password and any activity on your account. It is your sole responsibility to monitor and control access to and use of your account and password.
In short, keep your login credentials secure and do not give them to anyone. You are responsible for all activity on your account.
You shall not disclose enaible Confidential Information without enaible’s prior written consent. “enaible Confidential Information” includes without limitation proprietary or confidential information disclosed and marked as confidential by enaible and information you know, or reasonably should know from the nature of the information or the circumstances of its disclosure, to be confidential or proprietary.
In short, do not tell anyone about non-public information you learn about enaible or its Products.
If you access the Login Pages after receiving credentials from a Credentials Provider, we hereby grant you a limited, revocable, royalty-free, nonexclusive, non-assignable, non-sublicensable license to access the Login Pages and Products available on the Login Pages subject to the terms and conditions of the Agreement, which constitute conditions to our license grant, define the limits of our grant and also have the effect of contractual covenants. You may not make the Login Pages or Products available to anyone without enaible’s prior written consent. If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.
In short, as long as you are a business representative authorized to login to use our Products, we give you permission to use the Products available upon login.
Except for any express licenses granted to you in this agreement or any separate agreement such as an AI as a Service Agreement, all right, title and interest in and to any intellectual property owned, created or developed by enaible, including, but not limited to the Products and any derivative works, customization, modification, or enhancement thereof, will remain solely with enaible and its licensors, and all such items will constitute enaible Confidential Information. We do not transfer to you any title to or any proprietary or intellectual property rights in or to the Products, any updates or derivative works of the Products, or related documentation, or any copyrights, patent rights, or trademarks embodied or used in connection with the Products.
In short, you do not have any rights to our intellectual property other than those we expressly grant to you.
You are solely responsible for all information, communications, text, images, photos, videos, audio, documents and other content in any media and format that you upload in connection with your access to the Login Pages or use of the Products, such as any notes you make in relation to a Recommendation, or information you provide in surveys, chats, or connect to your calendar (collectively “User Provided Content”). If User Provided Content contains any personal data, you must ensure that all legally required notices have been provided and all legally required consent have been obtained for enaible’ s processing of the personal data. You grant enaible an irrevocable, perpetual, and royalty-free right and license to display, perform, access, reproduce and use the User Provided Content.
In short, you are responsible for any information you provide when accessing the Login Pages or using the Products and enaible may use such information.
You must not attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the sites or Products (including any mechanism used to restrict or control the functionality of the sites or Products), any third-party use of the Products, or any third-party data contained therein
In short, only access and use our sites, Login Pages, and Products to learn about or use our Products and not for any other reason.
You must not attempt to gain unauthorized access to the Login Pages, or Products, or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the sites, Login Pages, or Products.
You must not access the Login Pages or Products in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Login Pages or Products; or authorize, permit, or encourage any third party to do any of the above.
These enaible Terms apply in addition to and not in lieu of any separate agreement between enaible and the Credentials Provider, such as an AI as a Service Agreement. The term and termination provisions of such separate agreement govern your access to the Login Pages and use of our Products. Upon termination, you must stop accessing the Login Pages and using the Products. In case of conflict between these enaible Terms and an AI as a Service Agreement, the AI as a Service Agreement governs.
In short, your company may have signed a separate agreement to use our Products and access the Login Pages. Both these enaible Terms and such separate agreement applies.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITES OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
In short, we limit our liability when you access and use our sites, Login Pages, and Products.
You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, agents, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising from or relating to your use of the sites, Login Pages and Products or your breach or violation of these enaible Terms
In short, you are responsible for your use of our sites and Products and if you cause us harm, you will pay us for the harm you caused.
If any of the provisions of these enaible Terms are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be reformed, limited or eliminated to the minimum extent necessary so that these enaible Terms shall otherwise remain in full force and effect.
In short, these enaible Terms are enforceable to the greatest extent that the law allows.
You agree that these enaible Terms may be assigned by us, in our sole discretion, without restrictions. You may not assign any rights or delegate any duties hereunder, and any purported assignment or delegation shall be null and void and constitute a material breach.
In short, you are bound by these enaible Terms and you cannot make them apply to someone else instead.
These enaible Terms shall be governed by the laws of the Commonwealth of Massachusetts without giving effect to any rules of conflicts of law. You and enaible waive their right to a jury trial as to any or all of the issues arising out of or related to these enaible Terms. You and enaible agree that the venue for resolution of any disputes arising out of or related to these enaible Terms will be in and for the state or federal courts for Boston, Massachusetts.
In short, we do not expect to have conflicts with you but if we do, we will resolve them in Boston, Massachusetts.