These Terms of Use are effective as of February 2023.

These Terms of Service (“Terms”) govern the use of the free and paid services, software, and websites (the “Service”) provided by The Enlighten Company, as well as any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, authored works, applications, links, created tasks and associated information, text, files, and other content or materials (collectively, the “Content”) uploaded, downloaded, or appearing on our websites or applications.

Our Privacy Policy explains how we collect and use your information. By using the Service, you agree to comply with these Terms and our Privacy Policy. If you are using our Service on behalf of an organization or entity (“Organization”), you agree to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In such a case, “you” and “your” refer to that Organization.

Our Terms and Privacy Policy affect your legal rights and obligations. If you do not agree to comply with all of them, do not access or use our Service.

The following guidelines apply to your use of your account and Enspace content:

• You must provide accurate information when creating your Enspace account.
• You are responsible for protecting your password and for all activities that occur under your account. You must notify us immediately if you become aware of any security breach or unauthorized use of your account.
• You may never use another user’s account without permission.
• You may not use the tool to learn its features for reverse engineering purposes or attempt to assist anyone in doing so.
• Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not allowed.
• You may not use the Service for any illegal or unauthorized purposes. You agree to comply with all applicable laws, rules, and regulations (e.g., federal, state, local, and municipal) related to your use of the Service and its Content (as defined above), including but not limited to copyright laws.
• If you have a paid account, fees are non-refundable, except where required by law or if you cancel your account during the 30-day money-back guarantee period.
• You will pay all applicable fees on the due date, and if these fees are being paid by credit card or other electronic means, you authorize us to charge these fees using your selected payment method.
• By default, customer accounts are set to auto-renewal, and we may automatically charge for such renewal on or after the renewal date associated with your account unless you have canceled the Service before the renewal date.
• We may revise the fees for the Service from time to time and will provide you with email notice of any fee changes at least thirty (30) days in advance of the renewal date.
• You are responsible for providing complete and accurate billing information to The Enlighten Company. We may suspend or terminate the use of the Service in case of payment default. You are responsible for all taxes (except those imposed by governmental authorities on our company’s billing).
• If you need to use a purchase order or a purchase order number, you (a) must provide the purchase order number at the time of purchase; and (b) agree that any terms and conditions on your purchase order will not apply and will be null and void.

• Use of Our Services

  • You must not alter, modify, adapt, or change the Service or modify another website to falsely suggest that it is associated with our company or service.
  • You must not access our private API by means other than those expressly permitted by us.
  • You must not interfere with or disrupt the Service or the servers or networks connected to the Service, including transmitting any virus, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with how any of our pages are rendered or displayed in a user’s browser or device.
  • You must not attempt to restrict another user from using or enjoying the Service, nor should you encourage or facilitate violations of these Terms or any other of our terms.

  As part of the Service, we may provide client software for download (the “Software”) for your use in connection with the Service. This software may be updated automatically, and if this software is designed for use on a specific mobile or desktop operating system, a compatible system is required for use. As long as you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the software solely to access the Service; however, this license does not constitute a sale of the software or any copy thereof, and between you and us, we retain all rights, title, and interest in the software.

  You agree not to copy, reproduce, republish, frame, download, transmit, modify, reverse engineer, sell or participate in any sale, rent, lease, lend, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, our Content, the Services, or any related software, except as expressly provided in these Terms.

  Violation of these Terms may, at our sole discretion, result in the termination of your account. Additionally, we reserve the right to investigate and prosecute violations of any of these Terms to the fullest extent permitted by law. We may involve and cooperate with law enforcement authorities in the prosecution of users who violate these Terms.

  You acknowledge that we have no obligation to pre-screen or monitor your access to or use of our Service or any information, material, or other content provided or made available through our Service, but we have the right to do so. You agree that we may, at our sole discretion, remove or delete any data, accounts, or other content that violates these Terms or is otherwise objectionable.

  If you choose to use any third-party application in connection with our Service, by doing so, you agree to share your information with the third-party application. To understand how such third-party application providers will use your information, you should review the privacy policy of the third-party application.

General Terms of Use

• We may suspend or terminate your account or stop providing all or part of our Services at any time without liability to you for any reason, including but not limited to if we reasonably believe:
  (i) That you have violated these Terms;
  (ii) That there is a risk or potential legal exposure for us due to your actions, directly or indirectly;
  (iii) That you have a free account with no activity (logins or responses) for sixty (60) days or a trial account without a payment method thirty (30) days after expiration;
  (iv) That our provision of Services is no longer commercially viable.

1.1. We will make reasonable efforts to notify you through our Service, the next time you attempt to access your account, or via an email address or phone number you have provided to us (if applicable).
1.2. If we terminate your access to the Service, your information and all other data will no longer be accessible through your account.
1.3. Upon termination, all licenses and other rights granted to you under these Terms will immediately cease.
1.4. We reserve the right, at our sole discretion, to change these Terms and/or our offered Services from time to time (“Updated Terms”).
1.5. Unless we make a change for legal or administrative reasons, we will provide reasonable notice before the Updated Terms take effect.
1.6. You agree that we may notify you of the Updated Terms by posting them directly in the application and that your use of the Service after the effective date of the Updated Terms (or engaging in any other conduct we reasonably specify) constitutes your agreement to the Updated Terms.
1.7. Therefore, you should review these Terms and any Updated Terms before using the Service. The Updated Terms will take effect upon posting or a later date specified in the Updated Terms and will immediately apply to your use of the Service. These Terms will govern any disputes arising before the effective date of the Updated Terms.

2. We reserve the right to deny access to the Service to anyone for any reason at any time.
3. By agreeing to these Terms of Use, you authorize The Enlighten Company, directly or through a third party, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include requesting additional information and/or documentation about the use of your account or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number, or financial instruments, and verifying your information against third-party databases or other sources. This process is for internal verification purposes. You also understand that a fee may be charged for this verification process.
4. We may, but are not obligated to, remove, edit, block, and/or monitor content and information in your account that we determine, at our discretion, to violate these Terms of Use.
5. You agree that you are responsible for all data fees incurred while using the Service.
6. By creating an account, you agree that the application may send you informational and promotional text messages (SMS) as part of the normal operation of your use of our Services. You may opt-out of receiving these messages at any time. You acknowledge that opting out of receiving text messages (SMS) may affect your use of the Services.
7. We prohibit crawling, scraping, caching, or otherwise accessing any information in the application by automated means (except as a result of standard search engine protocols or technologies used by authorized companies with our express consent).
8. In some cases, it is necessary for our employees, contractors, or affiliates to access your account and data for diagnostic purposes involving support and corrective maintenance. When you contact our support team, it is implied that you are permitting us to access your account if necessary to assist you. If you wish to receive assistance without granting permission to your account, specify this in your communication with the support team, and such requests will be honored as far as possible to resolve the issue in the application.
9. As part of providing the Service, we may transfer, store, and process your content in the United States of America or any other country where we maintain facilities. By using the Service, you consent to this transfer, processing, and storage of your data and information.

User Rights

Ownership: For the purposes of these Terms of Use: (i) Information means any data, text, files, information, content, usernames, images, graphics, photos, profiles, audio clips, videos, musical works, authored works, applications, links, created tasks and associated information, text, files, and other related content or materials; and (ii) User Content means any content provided by account holders (including you) to be made available through our services. Content includes, without limitation, user content.

Ownership of Information Created by Enspace: Unless otherwise specified, all materials contained within the application, including but not limited to text, graphics, images, code, illustrations, designs, icons, photographs, videos, musical works, authored works, applications, links, created tasks and associated information, text, files, and other related content or materials (collectively, “Enspace Content”), as well as their selection and arrangement, are protected by copyright, trademarks, and/or other intellectual property laws. Unauthorized use of Enspace Content may violate these laws and these Terms. Except as expressly provided in these Terms, we do not grant any express or implied rights to use the Enspace Content.

You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell or participate in any sale of, rent, lease, lend, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, the Enspace Content, the Services, or any related software or client software as defined above, except as expressly provided in these Terms. You agree not to remove, alter, or obscure any copyright notices, trademarks, service marks, or other proprietary notices incorporated into or accompanying the services or content.

You acknowledge that the services and content are protected by copyright, trademarks, and other laws of the Federative Republic of Brazil and the United States.

User Rights and Their Content: We do not claim copyright or intellectual property rights over the content submitted or exclusively created by you in your Enspace service account. Any content that is yours remains yours. These Terms of Service do not grant any licenses or rights to your content, except for the limited rights necessary to provide you with the Enspace Service.

Notwithstanding the above, we may access the content to determine how we can improve our Service and assess customer satisfaction. Similarly, any reporting data we collect from your use of the Enspace Service remains yours. By using the Enspace Service, you agree that we may use this data to provide the Enspace Service to you and agree that, as long as the data is anonymized and does not identify you, we may combine this data with anonymized data from other companies to provide benchmarking, public reports, or otherwise use it to provide the Enspace Service.

Notifications and Alerts

As part of the services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages sent directly to you inside or outside the application (“Notifications”).

Part of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertisements and promotions in the Service or on, over, or in conjunction with your Content. The manner, mode, and extent of these advertisements and promotions are subject to change without specific notice to you.

You represent and warrant that:
(i) You own the content included by you in or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use;
(ii) The posting and use of your content in or through the Service does not violate, misappropriate, or infringe any third-party rights, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, and/or other intellectual property rights;
(iii) You agree to pay all fees, charges, and any other amounts due in connection with the content you post in or through the Service; and
(iv) You have the legal right and capacity to agree to these Terms of Use in your jurisdiction.

The Enspace and The Enlighten Company names and logos are our trademarks and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Additionally, all page headers, custom graphics, button icons, and scripts are our service marks and trademarks and may not be copied, imitated, or used, in whole or in part, without prior official written permission provided by our management.

While it is our intention that the Service be available as much as possible, there will be times when the Service may be interrupted, including, without limitation, for scheduled maintenance or updates, for emergency repairs, for unscheduled outages, system and server failures, or due to telecommunications and/or equipment failures. Therefore, we encourage you to maintain your own backup of your Content. In other words, we are not a backup service, and you agree not to rely on the Service for backup or storage purposes. We will not be liable to you for any modification, suspension, or discontinuation of the Services or loss of any Content. You also acknowledge that the Internet may be subject to security breaches and that the submission of Content or other information may not be secure.

You agree that we are not responsible for and do not endorse the content posted within the Service. We have no obligation to preview, monitor, edit, or remove any Content. If your Content violates these Terms, you will be solely legally responsible for that Content.

Except as otherwise described in the Service’s Privacy Policy, any Content, as between you and us, will be non-confidential and non-proprietary, and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with us is not confidential or of any special nature and that your decision to submit any Content does not place us in a position different from the position of the general public, including with respect to your Content. None of your Content will be subject to any confidentiality obligation on our part, and we will not be liable for any use or disclosure of any Content you provide.

License to Use

Subject to your express agreement by reading and clicking the button to access Enspace and your continued compliance with these Terms and any other relevant policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service solely for its intended purposes. You agree not to use the Service for any other purpose.

This license may be revoked at any time. This license is subject to these Terms and does not include:

• Distribution, public display, or public performance of our content.
• Modifying or making any derivative use of the Service or our content, or any part thereof.
• Using any scraping, data mining, robots, or other similar data gathering or extraction methods.
• Downloading (except page caching) any part of the Services, our Content, or any information contained therein, except when expressly permitted by the Services.
• Accessing our API with an unauthorized or third-party client.
• Any use of the Services or our Content that is not for its intended purposes.
• Any use of the Services or our Content not specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will result in the termination of the license granted in these Terms to use our Service and Website.

By using this Service, you agree to the above terms regarding submissions that the user(s) under your account and responsibility must observe, under penalty of being removed from our platform without prior notice.

Limitations on License Use
Any attempt to interfere with the Service, including subversion or manipulation of the legitimate operation of any of our websites or services, is a violation of our policy and may constitute a violation of civil and criminal laws.

Without limiting other measures, we may limit, suspend, terminate, modify, or delete accounts or access to the Service if you or anyone using your account violates these Terms of Service or engages in any illegal or improper use of the Service, with or without notice to you. You may lose your account and any user content, as well as any benefits, privileges, earned items, and purchased items associated with your use of the Service, and we have no obligation to compensate you for any losses or outcomes.

Without limiting other measures, we may limit, suspend, or terminate the Service and user accounts, prohibit access to our Services and websites, and their content and tools, delay or remove hosted content, and take technical and legal measures to prevent users from accessing the Service if we believe they are creating risks or potential legal liabilities, violating third-party copyrights, or acting inconsistently with our Terms or policies.

Additionally, under appropriate circumstances and at our sole discretion, we may suspend or terminate the accounts of users who may be repeat infringers of third-party copyrights.

We reserve the right to discontinue the offering and/or support of the Service or a particular part of the Service at any time, permanently or temporarily. In such an event, we will not be obligated to provide refunds, benefits, or other compensation to users regarding such discontinued elements of the Service.

We reserve the right to discontinue support services or tool functionalities temporarily or permanently. In such cases, no refunds, compensation, or reimbursement of values will be provided to users due to the discontinuation of services or functionalities.

Important Notice

The Service, including, without limitation, our content, is provided “as is,” “as available,” and “with all faults.” To the fullest extent permitted by law, neither we nor any of our collaborators, managers, contractors, suppliers, or licensors make any representations, warranties, or endorsements of any kind, express or implied, regarding the Service, content, user content, or the security of information transmitted to us or through the Service. Furthermore, The Enlighten Company, its brands, and subsidiaries disclaim all express or implied warranties that you may require regarding marketing, customization, improvement, adaptation for a specific purpose, system integration, or protection against computer viruses.

The Enlighten Company and its brand (“Enspace”) do not guarantee that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free of harmful components, including, without limitation, viruses and any kind of security breaches. The Enlighten Company does not guarantee that the information in the Service will be accurate, complete, or useful. You acknowledge that the use of the Service is at your own risk. The Enlighten Company does not guarantee that the use of the Service is legal in your jurisdiction. Some jurisdictions limit or do not allow the waiver of warranties; therefore, the waiver may not apply to you to the extent that the law of your jurisdiction applies to you and these Terms of Use.

Limitation of Liability

Under no circumstances will The Enlighten Company be liable for any civil liability arising from its customers’ use of the platform, including but not limited to direct and indirect economic losses directly related to the use of the platform, the services, functionalities, Enspace content, or the content you created, inability to use, or performance of the service.

Under no circumstances will The Enlighten Company be liable for any compensation arising from the proper or improper use by the user that may result in damage to the user’s computer, mobile device, or other equipment or technology, including, without limitation, damages arising from security breaches or any virus, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical issue or failure, including but not limited to damages for lost profits, loss of opportunity, data loss, user downtime, accuracy of results, failure or malfunction of the computer, even if foreseeable or if The Enlighten Company has been informed or should have known of the possibility of such damages, whether due to action or contract, negligence, incompetence, or recklessness by its collaborators, with or without admission of strict liability or compensation (caused in whole or in part by negligence, telecommunications failures, unforeseen events, force majeure, theft, or destruction of the service). Under no circumstances will The Enlighten Company be liable to you or any other person for loss, damage, or injury, including but not limited to death or personal injury.

You agree that in the event of any damages, losses, or injuries arising from our acts or omissions, the damages, if any, caused to you will not be irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product, or other content owned or controlled by The Enlighten Company. You will not have the right to prevent or restrict the development, production, distribution, advertising, display, or exploitation of any website, property, product, service, or other content owned or controlled by The Enlighten Company.

Entire Agreement

If you are using our service on behalf of a legal entity (“company”) or similar, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. You may not assign these Terms or assign any rights or delegate any obligations set forth herein, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any assignment or delegation by you without our prior written consent will be null and void. We may assign these Terms or any rights set forth herein without your consent, and the Terms will benefit and be enforceable by our successors. Neither the course of conduct between the parties nor trade practice shall modify the Terms. These Terms do not confer any third-party beneficiary rights.

Applicable Law

These Terms of Use are governed and drafted in accordance with the laws of the Federative Republic of Brazil and will serve as the governing rule for all users with registered accounts and domicile and/or residence in Brazilian territory.

For users who are not residents and/or domiciled in Brazilian territory, the contract will prevail as the law between the parties as the primary source of law, and in the event of a conflict with the user’s national law, the International Convention on Contracts for the Sale of Goods and Services under the guidance of the United Nations Organization shall apply.

Jurisdiction

For users and accounts registered in Brazilian territory, the Parties elect the Court of the District of São Paulo to resolve any disputes arising from the consumer relationship related to the provision of services by The Enlighten Company through the Enspace platform.

For users and accounts registered outside Brazilian territory, you agree that any disputes involving consumer relations will be litigated in the litigation court of the city of New York, State of New York, United States of America, where The Enlighten Company is headquartered.

Termination of Agreement

The Enlighten Company reserves the right to terminate, cancel, and/or rescind these Terms of Use and their annexes at any time, with or without notice to the user, and regardless of providing just cause for doing so.

These Terms of Use were written in Portuguese for users residing in Brazil. Users residing outside Brazilian territory must access the English version of these Terms of Use. In case of conflict between translations, the official language version of The Enlighten Company (English) will prevail.