Terms of Service

These Terms of Service ("Terms") govern your access to and use of Enablient's website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using Enablient's website (www.enablient.com) or services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

We reserve the right to modify these Terms at any time. Continued use of our services after changes constitutes acceptance of the modified Terms.

2. Services Description

Enablient provides AI consulting and automation services, including but not limited to:

• AI strategy development and consulting
• Business process automation implementation
• Custom AI solution development
• Training and support services
• Technology assessment and recommendations

Services are provided subject to separate service agreements or statements of work (SOWs) that detail specific terms, deliverables, timelines, and pricing.

3. Service Agreement and Engagement

3.1 Consultation Process

Our typical engagement process includes:

1. Initial consultation (typically free of charge)
2. Assessment and proposal development
3. Agreement on scope, timeline, and pricing
4. Execution of formal service agreement or SOW
5. Project implementation and delivery

3.2 Service Agreements

All formal engagements require a signed service agreement or SOW that specifies:

• Scope of work and deliverables
• Project timeline and milestones
• Fees and payment terms
• Responsibilities of both parties
• Confidentiality provisions
• Intellectual property rights

4. Fees and Payment

4.1 Pricing

Service fees are specified in individual service agreements or SOWs. Pricing may be structured as:

• Fixed project fees
• Hourly or daily rates
• Monthly retainer agreements
• Subscription-based services

4.2 Payment Terms

Unless otherwise specified in a service agreement:

• Payment is due within 30 days of invoice date
• We accept payment via check, wire transfer, or credit card
• Late payments may incur interest charges of 1.5% per month
• We reserve the right to suspend services for non-payment

4.3 Expenses

Unless included in the agreed fee, client may be responsible for reasonable expenses including:

• Third-party software licenses or subscriptions
• Cloud infrastructure or hosting costs
• Travel expenses (if applicable and pre-approved)

5. Client Responsibilities

To ensure successful service delivery, clients agree to:

• Provide timely access to necessary personnel, systems, and information
• Respond promptly to requests for information or decisions
• Designate a primary point of contact for the engagement
• Review and approve deliverables within specified timeframes
• Maintain appropriate backups of critical data
• Comply with all applicable laws and regulations

6. Intellectual Property

6.1 Client Data and Materials

Client retains all ownership rights to data, content, and materials provided to Enablient. We will not use client data except as necessary to perform contracted services.

6.2 Deliverables

Upon full payment, client receives ownership of custom deliverables specifically created for the client under the service agreement, subject to any third-party licenses.

6.3 Enablient Tools and Methodologies

Enablient retains all rights to our proprietary:

• Methodologies, processes, and frameworks
• Software tools and templates
• Pre-existing intellectual property
• Knowledge and expertise

6.4 Third-Party Software

Any third-party software or services implemented are subject to their respective license agreements and terms.

7. Confidentiality

Both parties agree to maintain confidentiality of proprietary and sensitive information shared during the engagement. This includes:

• Business strategies and plans
• Financial information
• Technical specifications and code
• Customer and employee data
• Trade secrets and proprietary methods

Confidentiality obligations survive termination of the service agreement and typically extend for 3-5 years.

8. Data Security and Privacy

Enablient is committed to protecting client data and maintaining appropriate security measures:

• Industry-standard encryption for data in transit and at rest
• Access controls and authentication measures
• Regular security assessments and updates
• Compliance with applicable data protection laws
• Employee training on data protection practices

For more information, please review our Privacy Policy.

9. Warranties and Disclaimers

9.1 Service Warranty

Enablient warrants that services will be performed:

• In a professional and workmanlike manner
• By qualified personnel
• In accordance with industry standards
• As specified in the service agreement

9.2 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY SET FORTH IN A SERVICE AGREEMENT:

• SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WE DO NOT WARRANT THAT SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED
• WE DO NOT GUARANTEE SPECIFIC RESULTS OR ROI

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES
• WE ARE NOT LIABLE FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION
• THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION (CONTRACT, TORT, OR OTHERWISE)

11. Indemnification

Client agrees to indemnify and hold Enablient harmless from claims arising from:

• Client's breach of these Terms or service agreements
• Client's violation of applicable laws or third-party rights
• Client's misuse of deliverables or recommendations
• Claims by client's customers or employees

12. Termination

12.1 Termination by Either Party

Either party may terminate a service agreement:

• By mutual written agreement
• For material breach by the other party (with 30 days' notice to cure)
• If the other party becomes insolvent or bankrupt

12.2 Effect of Termination

Upon termination:

• Client must pay for all services performed through termination date
• Enablient will deliver completed work and transfer relevant materials
• Confidentiality and IP provisions survive termination
• Each party returns or destroys confidential information of the other

13. Website Use

13.1 Acceptable Use

When using our website, you agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malware or harmful code
• Attempt unauthorized access to systems
• Interfere with website operation or other users
• Use automated tools to scrape or collect data

13.2 User Content

If you submit content through our website (forms, comments, etc.):

• You retain ownership of your content
• You grant us license to use content for business purposes
• You represent that you have rights to submit the content
• We may remove content that violates these Terms

14. Third-Party Services and Links

Our website may contain links to third-party websites or integrate third-party services. We are not responsible for:

• Content or practices of third-party sites
• Availability or performance of third-party services
• Privacy practices of third parties

Your use of third-party services is subject to their terms and conditions.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the United States and the state where Enablient is headquartered, without regard to conflict of law provisions. Enablient operates exclusively within the United States.

15.2 Dispute Process

In the event of a dispute:

1. Parties will first attempt good-faith negotiations
2. If unresolved, parties may pursue mediation
3. Legal action may be pursued only after negotiation and mediation attempts

15.3 Arbitration

Some service agreements may require binding arbitration for dispute resolution. Such provisions will be specified in individual agreements.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any service agreement or SOW, constitute the entire agreement between parties regarding the subject matter.

16.2 Modifications

We may update these Terms at any time. Material changes will be communicated via email or website notice. Continued use after changes constitutes acceptance.

16.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

16.4 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16.5 Assignment

You may not assign these Terms or any service agreement without our written consent. We may assign to affiliates or in connection with business transfers.

16.6 Force Majeure

Neither party is liable for failure to perform due to circumstances beyond reasonable control (natural disasters, wars, pandemics, government actions, etc.).

17. Contact Information

18. Acknowledgment

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.