Políticas e Termos de Uso
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Terms of Use

Last Updated: September 2026

These Terms of Use (“Terms”) govern access to and use of the ENSPACE platform, including its applications, websites, interfaces, APIs, integrations, workflow automation features, artificial intelligence features, AI agents, and related software and services (collectively, the “Platform”).

The Platform is provided by The Enlighten Technologies LLC or the applicable United States Enlighten affiliate identified in the applicable Order Form or agreement (“Enlighten,” “we,” “us,” or “our”).

ENSPACE is primarily a business-to-business software platform. In most cases, access to the Platform is provided to individuals because an organization has purchased or otherwise authorized their use of ENSPACE.

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to these Terms.

If you do not agree to these Terms, you may not access or use the Platform.

1. DEFINITIONS

For purposes of these Terms:

“Customer” means the company, organization, legal entity, or other business that has purchased, subscribed to, or otherwise obtained the right to use ENSPACE.

“Authorized User” or “User” means an individual whom a Customer has authorized to access or use the Platform, including its employees, officers, contractors, consultants, representatives, and other permitted users.

“Account” means the Customer's environment or tenant within the Platform.

“Account Administrator” means an Authorized User designated by the Customer with administrative permissions over the Account.

“Customer Content” means any information, data, documents, files, text, records, forms, prompts, instructions, images, databases, workflow data, task data, inputs, stored outputs, or other content submitted to, uploaded to, transmitted through, generated within, or stored in the Platform by or on behalf of Customer or its Authorized Users.

“AI Features” means features of the Platform that use artificial intelligence, machine learning, large language models, generative AI, AI agents, or similar technologies.

“Contract Documents” means, as applicable, any Master Subscription Agreement (“MSA”), Order Form, Proposal, Statement of Work (“SOW”), Data Processing Agreement (“DPA”), Usage-Based Services Terms, Privacy Notice, or other agreement between Enlighten and Customer relating to ENSPACE.

2. RELATIONSHIP BETWEEN ENLIGHTEN, CUSTOMER, AND AUTHORIZED USERS

ENSPACE is a business software platform that Customers make available to their Authorized Users.

The commercial relationship between Enlighten and Customer is governed primarily by the applicable Contract Documents.

These Terms primarily govern:

  1. access to the Platform;
  1. conduct of Authorized Users;
  1. acceptable use of ENSPACE;
  1. security and account requirements; and
  1. general conditions applicable to use of Platform functionality.

An Authorized User's right to access ENSPACE arises from the Customer's subscription or authorization.

Customer determines which individuals may access its Account and, where supported by the Platform, the permissions assigned to those individuals.

Customer is responsible for ensuring that its Authorized Users use ENSPACE in accordance with these Terms and the applicable Contract Documents.

3. CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE

If Customer has entered into an MSA, Order Form, Proposal, SOW, DPA, or other agreement with Enlighten, that agreement will govern the commercial relationship between Customer and Enlighten.

In the event of a conflict between these Terms and an applicable Contract Document, the applicable Contract Document will control with respect to the subject matter of the conflict.

Without limitation, Contract Documents will control matters relating to:

  1. subscription fees;
  1. usage-based charges;
  1. payment terms;
  1. subscription term and renewal;
  1. service levels;
  1. support obligations;
  1. confidentiality obligations;
  1. data processing;
  1. indemnification;
  1. limitations of liability;
  1. termination rights;
  1. data export and deletion;
  1. purchased functionality;
  1. usage limitations; and
  1. other negotiated commercial terms.

These Terms will continue to govern Authorized Users' access to and use of the Platform unless expressly superseded by an applicable Contract Document.

4. BUSINESS USE

The Platform is intended primarily for business and professional use and is not offered as a consumer service.

Authorized Users may use the Platform only in connection with legitimate activities performed for or on behalf of the Customer that authorized their access.

Nothing in these Terms creates an employment, agency, partnership, fiduciary, joint venture, professional services, or other special relationship between Enlighten and an Authorized User.

5. ELIGIBILITY AND AUTHORITY

You may access the Platform only if:

  1. you have legal capacity to agree to these Terms;
  1. you have been authorized by a Customer to access the Platform;
  1. you use the Platform within the scope of that authorization; and
  1. your use complies with applicable law and these Terms.

If you use ENSPACE on behalf of a company or other organization, you represent that you are authorized to take the actions you perform through the Platform on behalf of that organization.

6. ACCOUNTS AND CREDENTIALS

Users must provide accurate information when required to create or maintain an Account.

User credentials are personal to the individual User unless Enlighten expressly authorizes another authentication method.

You are responsible for:

  1. protecting your credentials;
  1. maintaining the confidentiality of passwords and authentication mechanisms;
  1. not permitting unauthorized persons to use your credentials;
  1. promptly reporting suspected unauthorized access; and
  1. complying with security procedures implemented by Enlighten or Customer.

Customer or its Account Administrator may create, modify, restrict, suspend, or terminate Authorized User access according to the administrative functionality available within ENSPACE.

Enlighten may require multifactor authentication or other security measures when reasonably necessary to protect the Platform, Customer, or other users.

7. LICENSE TO USE ENSPACE

Subject to Customer's applicable subscription and continued compliance with these Terms, Enlighten grants Authorized Users a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Platform:

  1. for Customer's internal business purposes;
  1. within Customer's purchased subscription, package, or applicable usage limits;
  1. according to permissions assigned by Customer; and
  1. during the period in which Customer is authorized to use ENSPACE.

The Platform is licensed, not sold.

No ownership interest in ENSPACE or Enlighten technology is transferred to Customer or any Authorized User.

8. ACCEPTABLE USE

You may not use, or permit others to use, ENSPACE to:

  1. engage in illegal, fraudulent, deceptive, or unauthorized activity;
  1. violate the rights of another person or entity;
  1. introduce malware, ransomware, viruses, malicious code, or other harmful technology;
  1. interfere with or disrupt the integrity, availability, performance, or security of the Platform;
  1. gain unauthorized access to an Account, system, network, or information;
  1. bypass authentication, security controls, usage restrictions, rate limits, or technical safeguards;
  1. engage in unauthorized scraping, crawling, harvesting, or automated extraction of data;
  1. use automated mechanisms to access the Platform except through functionality or APIs expressly authorized by Enlighten;
  1. reverse engineer, decompile, disassemble, or attempt to discover source code or non-public technical architecture of the Platform, except to the limited extent such restriction is prohibited by applicable law;
  1. systematically reproduce the Platform or its functionality for the purpose of developing, training, testing, or improving a competing product or service;
  1. copy, modify, translate, adapt, or create derivative works of Enlighten software except as expressly permitted;
  1. sell, resell, sublicense, rent, lease, distribute, or commercially make the Platform available to third parties without Enlighten's authorization;
  1. use another User's credentials without authorization;
  1. store or transmit content whose possession, processing, or use is unlawful;
  1. intentionally consume computing resources in an abusive or technically disruptive manner; or
  1. use ENSPACE in a manner inconsistent with its intended business purposes or Customer's applicable Contract Documents.

9. CUSTOMER RESPONSIBILITY FOR AUTHORIZED USERS

Customer controls which Authorized Users may access its Account.

Customer is responsible for managing user permissions and promptly revoking access when an individual is no longer authorized.

Activity performed using an Authorized User account may be treated as activity performed within Customer's Account, subject to applicable law and the Contract Documents.

Nothing in these Terms prevents Enlighten from acting directly against an Authorized User who engages in fraud, misuse, security violations, unlawful conduct, or other violations of these Terms.

10. CUSTOMER CONTENT

As between Customer and Enlighten, Customer retains its rights in Customer Content.

Enlighten does not acquire ownership of Customer's documents, data, files, records, or other Customer Content merely because such content is stored or processed through ENSPACE.

Customer grants Enlighten a limited right to host, copy, transmit, organize, index, technically transform, process, and otherwise use Customer Content solely as reasonably necessary to:

  1. provide the Platform;
  1. perform functionality requested by Customer or an Authorized User;
  1. provide support and maintenance;
  1. maintain security and integrity;
  1. prevent or investigate fraud or abuse;
  1. comply with applicable law or valid legal process; and
  1. perform obligations authorized by the applicable Contract Documents.

This authorization does not transfer ownership of Customer Content to Enlighten.

11. RESPONSIBILITY FOR CUSTOMER CONTENT

Customer is responsible for Customer Content submitted to or processed through its Account.

Authorized Users may submit or process content only when they have appropriate authorization to do so.

Customer and Authorized Users are responsible for complying with applicable requirements relating to intellectual property, privacy, confidentiality, trade secrets, professional obligations, and other third-party rights.

Enlighten is not responsible for determining whether Customer or a User should legally or contractually submit Customer Content to the Platform.

12. CONFIDENTIALITY OF CUSTOMER CONTENT

Customer Content does not become public merely because it is submitted to or processed through ENSPACE.

Enlighten will handle Customer confidential information in accordance with the confidentiality obligations contained in the applicable Contract Documents.

Enlighten will not disclose Customer Content except:

  1. as necessary to provide the Platform;
  1. to authorized subprocessors and service providers subject to appropriate contractual obligations;
  1. as authorized by Customer;
  1. as required by applicable law or valid legal process; or
  1. as otherwise permitted by the applicable Contract Documents.

Nothing in these Terms makes Customer Content “public,” “non-confidential,” or available for Enlighten's unrestricted use.

13. AGGREGATED AND DE-IDENTIFIED DATA

Enlighten may generate statistical information, operational metrics, telemetry, analytics, or aggregated data relating to the use and operation of ENSPACE.

Enlighten may use such information for legitimate business purposes, including:

  1. Platform security;
  1. service performance;
  1. capacity planning;
  1. product analytics;
  1. product development;
  1. benchmarking; and
  1. improvement of ENSPACE,

provided that any information used outside the provision of services to Customer is aggregated or de-identified so that it does not reasonably identify Customer, an Authorized User, or an identifiable individual, and does not disclose Customer confidential information.

14. ENLIGHTEN INTELLECTUAL PROPERTY

Enlighten and its licensors retain all right, title, and interest in and to ENSPACE and its underlying technology, including:

  1. software;
  1. source and object code;
  1. architecture;
  1. interfaces;
  1. user experience and design;
  1. APIs;
  1. documentation;
  1. proprietary templates;
  1. methods and methodologies;
  1. general-purpose workflow components;
  1. models and algorithms;
  1. trademarks;
  1. logos; and
  1. improvements and derivative technology developed by Enlighten.

Except for the limited right to use the Platform expressly granted in these Terms or applicable Contract Documents, no intellectual property rights are granted to Customer or any User.

ENSPACE, ENLIGHTEN, and related names, logos, marks, and branding may not be used without authorization.

15. CUSTOMER CONFIGURATIONS AND WORKFLOWS

Customers may use ENSPACE to create or configure workflows, forms, templates, automations, databases, tasks, rules, and other business processes.

Unless otherwise provided in an applicable Contract Document:

  1. Customer retains its rights in Customer-provided data, text, documents, instructions, business rules, and proprietary materials;
  1. Enlighten retains its rights in the Platform and in generic, reusable, pre-existing, or independently developed technology, components, functionality, templates, methods, and know-how; and
  1. configuring the Platform for Customer does not transfer ownership of ENSPACE technology to Customer.

16. ARTIFICIAL INTELLIGENCE FEATURES

ENSPACE may provide functionality using artificial intelligence, machine learning, large language models, generative AI, or autonomous or semi-autonomous AI agents.

AI Features may be provided using:

  1. technology developed by Enlighten;
  1. third-party AI models;
  1. third-party infrastructure; or
  1. a combination of these technologies.

Because AI systems may generate probabilistic results, AI-generated outputs may contain errors, inaccuracies, omissions, hallucinations, or inappropriate results.

Customer and Authorized Users are responsible for reviewing and validating AI-generated outputs before relying on them.

AI Features are tools intended to assist users and do not replace appropriate human judgment or professional review.

17. NO PROFESSIONAL ADVICE

ENSPACE is a software platform.

Unless expressly stated in a separate written agreement, Enlighten does not provide legal, financial, accounting, tax, medical, investment, or other regulated professional advice through the Platform.

Outputs produced through AI Features, workflows, automations, templates, or other Platform functionality are not, by themselves, professional advice.

Customer remains responsible for determining whether professional review, approval, supervision, or other controls are required before using Platform-generated information or outputs.

18. AI INPUTS AND OUTPUTS

As between Customer and Enlighten, Customer retains its rights in prompts, instructions, files, documents, and other inputs submitted through Customer's Account.

Subject to applicable law, third-party provider terms, and the applicable Contract Documents, Customer may use outputs generated in response to its inputs.

Customer acknowledges that AI-generated outputs may not be unique and that similar or identical content may be generated for different users.

Except where expressly agreed otherwise in writing, Enlighten does not represent that any AI-generated output is unique, copyrightable, non-infringing, accurate, or suitable for a particular purpose.

19. USE OF CUSTOMER CONTENT FOR AI TRAINING

Unless Customer expressly agrees otherwise in writing, Enlighten will not use Customer Content to train generalized artificial intelligence models for the benefit of unrelated customers.

Customer Content may nevertheless be processed by AI systems or AI service providers as necessary to perform an AI Feature requested or enabled by Customer, subject to the applicable Contract Documents, provider arrangements, and data protection requirements.

Where ENSPACE permits Customer to select among different AI models or providers, the characteristics, capabilities, availability, and data handling arrangements associated with those models may differ.

Customer is responsible for selections and configurations made by its authorized administrators and Users, subject to the controls made available by Enlighten.

20. AI AGENTS AND AUTOMATED ACTIONS

Certain ENSPACE features may allow AI agents or automated workflows to analyze information, generate content, make recommendations, trigger workflows, communicate with connected systems, or perform other actions.

Customer is responsible for determining:

  1. which AI agents or automated functionality to enable;
  1. what permissions such functionality receives;
  1. which systems or data sources may be accessed;
  1. what actions may be performed automatically; and
  1. where human review or approval is required.

Enlighten may implement technical limitations, approval mechanisms, access controls, or safeguards for AI agents and automated functionality.

Customer should not configure an AI agent to autonomously make a decision where applicable law, professional obligations, Customer policy, or the nature of the decision requires human judgment or review.

21. USAGE-BASED SERVICES AND AI CONSUMPTION

Certain ENSPACE functionality may not be included in Customer's fixed subscription fee.

Such functionality may be charged based on consumption, including, as applicable:

  1. credits;
  1. AI model usage;
  1. tokens;
  1. processing volume;
  1. API calls;
  1. executions;
  1. document processing;
  1. storage or computational usage; or
  1. other measurable units.

Usage-based charges are governed by the applicable Order Form, Proposal, Usage-Based Services Terms, or other Contract Document.

Customer is responsible for usage generated by its Authorized Users within its Account, subject to any controls or usage limits made available by Enlighten.

22. THIRD-PARTY SERVICES AND INTEGRATIONS

ENSPACE may integrate with or permit Customer to connect third-party:

  1. software;
  1. applications;
  1. APIs;
  1. cloud infrastructure;
  1. databases;
  1. communication tools;
  1. AI models; and
  1. other services.

Customer's use of third-party services may be subject to separate terms between Customer and the applicable third-party provider.

Enlighten is not responsible for third-party services that Enlighten does not control, except to the extent expressly stated in an applicable Contract Document.

Customer is responsible for obtaining any necessary rights, permissions, credentials, or licenses to connect third-party services to ENSPACE.

23. CHANGES TO THIRD-PARTY AI MODELS AND SERVICES

Third-party providers may modify, restrict, discontinue, replace, or change their models, APIs, pricing, capabilities, security requirements, availability, or terms.

Accordingly, Enlighten may modify, replace, restrict, or discontinue an integration or AI model when reasonably necessary due to changes made by the applicable provider or for security, legal, regulatory, technical, or commercial reasons.

Where commercially reasonable, Enlighten may make alternative functionality or providers available.

24. PRIVACY AND DATA PROTECTION

Enlighten's processing of personal information is governed by its applicable Privacy Notice, DPA, and applicable privacy and data protection laws.

Where Enlighten processes personal information on Customer's behalf in connection with ENSPACE, the parties' respective data protection obligations will be governed by the applicable DPA or other Contract Document.

Customer is responsible for determining whether its collection and submission of personal information to ENSPACE complies with applicable law.

25. SERVICE PROVIDERS AND SUBPROCESSORS

Enlighten may use hosting providers, infrastructure providers, AI providers, subprocessors, and other service providers to operate the Platform.

Such providers may process Customer Content only as necessary to provide their respective services to Enlighten and subject to applicable contractual and data protection requirements.

Where required by an applicable DPA, Enlighten will maintain information regarding relevant subprocessors in accordance with that DPA.

26. INTERNATIONAL DATA PROCESSING

The operation of ENSPACE may involve storage or processing of information in the United States or other jurisdictions in which Enlighten or its authorized service providers operate.

Where applicable law requires specific mechanisms for cross-border transfers of personal information, such transfers will be handled in accordance with the applicable DPA and legal requirements.

27. SECURITY

Enlighten will maintain reasonable administrative, technical, and organizational measures designed to protect the confidentiality, integrity, and availability of the Platform and Customer Content.

No information system can guarantee absolute security.

Customer and Authorized Users are responsible for reasonable security practices within their control, including:

  1. credential protection;
  1. appropriate user permissions;
  1. endpoint security;
  1. proper configuration of integrations; and
  1. promptly reporting suspected security incidents.

Specific security commitments, where applicable, may be contained in Customer's MSA, DPA, security addendum, or other Contract Document.

28. SUPPORT ACCESS

Authorized Enlighten personnel may access Account configurations, technical records, logs, or Customer Content when reasonably necessary to:

  1. provide support requested by Customer;
  1. diagnose technical issues;
  1. perform corrective maintenance;
  1. investigate security incidents;
  1. prevent fraud or misuse; or
  1. comply with applicable law.

Such access will be limited to legitimate business purposes and subject to Enlighten's applicable security and confidentiality obligations.

29. PLATFORM CHANGES

ENSPACE is continuously developed and improved.

Enlighten may make changes to:

  1. user interfaces;
  1. workflows;
  1. technical architecture;
  1. features;
  1. integrations;
  1. APIs;
  1. models; and
  1. other Platform components.

Enlighten may also add, replace, modify, or discontinue functionality for technical, security, legal, regulatory, operational, or commercial reasons.

Any contractual commitment concerning material reduction of purchased functionality will be governed by the applicable Contract Documents.

30. AVAILABILITY AND MAINTENANCE

Enlighten will use commercially reasonable efforts to operate the Platform reliably.

The Platform may occasionally be unavailable because of:

  1. planned maintenance;
  1. emergency maintenance;
  1. infrastructure failures;
  1. third-party service failures;
  1. telecommunications failures;
  1. security incidents;
  1. force majeure events; or
  1. circumstances outside Enlighten's reasonable control.

Any contractual uptime commitment or service level agreement will be governed by the applicable Contract Documents.

31. CUSTOMER BACKUPS AND DATA EXPORT

ENSPACE is not intended to replace Customer's complete business continuity or document retention strategy unless expressly stated in the applicable Contract Documents.

Customer is responsible for maintaining any independent records or backups required by applicable law, professional obligations, internal policies, or business continuity requirements.

Rights concerning export, retrieval, retention, return, or deletion of Customer Content upon termination will be governed by the applicable Contract Documents.

32. SUSPENSION

Enlighten may suspend an Authorized User's or Customer Account's access when reasonably necessary to:

  1. protect the security or integrity of ENSPACE;
  1. prevent illegal, fraudulent, or abusive activity;
  1. stop a material violation of these Terms;
  1. prevent material harm to Enlighten, Customer, other customers, or third parties;
  1. comply with applicable law, regulation, court order, or governmental request;
  1. respond to a security incident; or
  1. exercise a suspension right provided in an applicable Contract Document.

Where reasonably practicable, Enlighten will seek to limit a suspension to the affected User, functionality, integration, or portion of the Account.

33. TERMINATION OF USER ACCESS

An Authorized User's access may terminate if:

  1. Customer or an Account Administrator revokes access;
  1. Customer requests termination;
  1. the User is no longer authorized by Customer;
  1. the User violates these Terms; or
  1. Customer's right to use ENSPACE expires, is suspended, or terminates.

Termination of an individual User's access does not necessarily result in deletion of Customer Content associated with that User.

34. TERMINATION OF CUSTOMER SUBSCRIPTION

Subscription duration, renewal, termination rights, post-termination access, data export, and deletion of Customer Content are governed by the applicable Contract Documents.

Authorized Users acknowledge that their access to ENSPACE may terminate when Customer's subscription ends.

35. FEEDBACK

If Customer or an Authorized User voluntarily provides Enlighten with suggestions, ideas, comments, recommendations, or other feedback regarding ENSPACE (“Feedback”), Enlighten may use that Feedback to develop, improve, or operate its products and services.

Feedback does not include Customer Content or Customer confidential information.

No obligation to compensate Customer or User arises solely from Enlighten's use of voluntarily provided Feedback.

36. SERVICE COMMUNICATIONS

Enlighten may send communications reasonably necessary for operation of the Platform, including notices relating to:

  1. authentication;
  1. security;
  1. support;
  1. service interruptions;
  1. maintenance;
  1. product or functionality changes;
  1. legal notices; and
  1. changes to these Terms.

Marketing communications will be handled separately in accordance with applicable law and applicable communication preferences.

37. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY EXPRESS WARRANTIES CONTAINED IN AN APPLICABLE CONTRACT DOCUMENT, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”

ENLIGHTEN DISCLAIMS ALL WARRANTIES NOT EXPRESSLY PROVIDED IN AN APPLICABLE CONTRACT DOCUMENT, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ENLIGHTEN DOES NOT WARRANT THAT:

  1. THE PLATFORM WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED;
  1. EVERY DEFECT WILL BE CORRECTED;
  1. AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, UNIQUE, OR SUITABLE FOR CUSTOMER'S INTENDED PURPOSE;
  1. THIRD-PARTY SERVICES WILL REMAIN AVAILABLE; OR
  1. THE PLATFORM WILL SATISFY REQUIREMENTS NOT EXPRESSLY AGREED TO IN THE APPLICABLE CONTRACT DOCUMENTS.

SOME JURISDICTIONS MAY NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, IN WHICH CASE SUCH DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

38. BUSINESS DECISIONS AND USER RESPONSIBILITY

Customer and Authorized Users control how ENSPACE is configured and how information produced through the Platform is used.

Enlighten is not responsible for Customer's business, operational, legal, financial, compliance, employment, contracting, or other decisions merely because ENSPACE was used in connection with those decisions.

Customer is responsible for establishing appropriate review, approval, supervision, and internal control procedures for its use of the Platform.

39. LIMITATION OF LIABILITY

Where Customer and Enlighten have entered an MSA, Order Form, or other Contract Document containing limitations of liability, exclusions of damages, indemnification obligations, or allocation of risk, those provisions will govern any claim arising from or relating to Customer's or its Authorized Users' use of ENSPACE.

An Authorized User may not use these Terms to obtain rights, remedies, or damages more than those available to the Customer under the applicable Contract Documents.

If no Contract Document governs a particular claim, Enlighten's liability will be limited to the maximum extent permitted by applicable law.

Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited.

40. NO THIRD-PARTY BENEFICIARIES

Except as expressly provided in an applicable Contract Document, these Terms do not create enforceable rights in favor of any third party.

41. ELECTRONIC ACCEPTANCE

Customer and Authorized Users may accept these Terms electronically, including by:

  1. clicking an “I Agree,” “Accept,” or similar button;
  1. creating an Account after being presented with these Terms;
  1. accessing the Platform after notice that use is subject to these Terms; or
  1. otherwise providing legally sufficient electronic assent.

Electronic acceptance will have the same effect as acceptance in writing to the extent permitted by applicable law.

42. CHANGES TO THESE TERMS

Enlighten may update these Terms from time to time to reflect:

  1. changes to ENSPACE;
  1. new functionality;
  1. changes in applicable law or regulation;
  1. security requirements;
  1. changes in business practices; or
  1. other commercially reasonable reasons.

The updated version will be posted on Enlighten's website or made available through the Platform and will identify its effective or last-updated date.

If a change materially affects Customer's or Users' rights or obligations, Enlighten may provide additional notice through the Platform, email, or another reasonable method.

Changes to these Terms will not retroactively modify negotiated commercial rights contained in an existing Contract Document unless that Contract Document permits such modification or applicable law requires it.

43. GOVERNING LAW AND VENUE

If an applicable MSA, Order Form, or other Contract Document specifies governing law or venue, that provision will control.

If no applicable Contract Document specifies governing law, these Terms will be governed by the laws of the State of New York, without regard to its conflict-of-laws principles.

Subject to any contrary provision in an applicable Contract Document, any dispute arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in New York County, New York, and the parties consent to the personal jurisdiction and venue of those courts.

Nothing in this Section limits any right or remedy that cannot lawfully be waived under applicable law.

44. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

45. NO WAIVER

Enlighten's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

A waiver will be effective only if made in accordance with the applicable Contract Documents or otherwise in writing by an authorized representative of Enlighten.

46. ASSIGNMENT

An Authorized User may not assign or transfer rights under these Terms or permit another person to use their access credentials.

Any assignment relating to Customer's commercial agreement with Enlighten will be governed by the applicable Contract Documents.

47. ENTIRE AGREEMENT

These Terms, together with the applicable Contract Documents, constitute the terms governing use of ENSPACE.

These Terms do not replace negotiated agreements between Enlighten and Customer.

Unless an applicable Contract Document expressly provides otherwise, the following order of precedence will apply in the event of an irreconcilable conflict:

  1. applicable Order Form, Proposal, SOW, or other transaction-specific agreement;
  1. applicable Master Subscription Agreement;
  1. applicable Data Processing Agreement, solely with respect to data protection matters;
  1. applicable product-specific or usage-based terms, solely with respect to the applicable functionality;
  1. these Terms of Use; and
  1. applicable Privacy Notice.

48. CONTACT

Questions concerning these Terms or use of ENSPACE may be submitted through Enlighten's official support or legal contact channels identified on the Enlighten or ENSPACE website.

BY ACCESSING OR USING ENSPACE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF USE.