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These Terms of Service (“Terms”) apply to the use of (a) the website located at www.ensis.ai and all associated web pages; (b) the Ensis online and mobile applications (the “App”); and (c) all related services ((a)-(c) collectively, the “Site and Services”). The Site and Services are provided by Ensis, Inc. (“Ensis,” “we,” “us” or “our”), and these Terms represent a binding agreement between you as the user of the Site and Services (“user,” “you” or “your”) and us.
We may refuse to offer the Services to any entity, and use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Terms. If you do not agree with the Terms, or you are not legally able to enter into a contract, you are not authorized to use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms. In that case, “you,” “your” and “Customer” will refer to that company or other legal entity.
NOTICE: THESE TERMS CONTAIN AN ARBITRATION PROVISION UNDER WHICH YOU ARE OBLIGATED TO LITIGATE CLAIMS IN A PRIVATE ARBITRATION RATHER THAN IN COURT, UNLESS YOU OPT OUT AS SPECIFIED IN SECTION 17. YOU FURTHER WAIVE THE RIGHT TO A TRIAL BY JURY AND TO BRINGING ANY CLAIMS IN A REPRESENTATIVE ACTION OR AS A CLASS ACTION.
Our Services are an online software platform for generating and managing responses (“Responses”) to requests for proposals (“RFPs”) from governmental agencies, businesses, and other parties using artificial intelligence technologies to create the Responses.
By (1) checking a box indicating your acceptance, (2) ordering, (3) onboarding and signup, or
(4) accessing or using the Services, you agree to be bound by these Terms and all other policies, procedures, and rules that we may publish, as well as any additional terms and conditions, which we and you may agree to in writing on a valid Order Form.
Our Site and Services may evolve and change over time. For this reason, we may at any time and for any reason modify, amend, or vary these Terms (collectively, “Changes”), including, but not limited to, to cover new Site and Services or to comply with changes in the law. Changes will be effective: (i) 30 days after Ensis provides notice of the Changes, whether such notice is provided through the Services user interface, is sent to the email address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
To be eligible to use the Services, you must be (a) if you are a natural person, at least 18 years of age and a resident in the United States; or (b) if you are a legal entity, duly organized, domiciled, and in good standing in the United States. You further affirm that (a) you are not a resident of (or will use the Site or Services in) a country that the U.S. government has embargoed for use of the Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations; and (b) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
You acknowledge and agree that if you are opening an Ensis account or otherwise using the Services as or on behalf of a company, organization or other entity (“Organization”), you have the authority to bind that Organization to these Terms.
You may never use another user’s account without permission. You agree to provide complete and accurate information when registering to use the App and registering to become a member to use our Site and Services and to keep that information updated. You are responsible for maintaining the confidentiality of your username and password (“User Credentials”) and for notifying us immediately of any loss or unauthorized use of your User Credentials. You are responsible for all activities on your account whether authorized or not.
You may control your user profile and how you interact with the Site and Services by changing the settings on your profile settings page. By providing Ensis with your email address and/or mobile number, you consent to our using the email address and/or mobile number to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address and/or mobile number to send you other messages, such as changes to features of the Site and Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your profile settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You represent that:
● You will fully comply with all applicable laws and agreements that govern your use of the Site and Services; and
● You will not use the Site and Services in violation of any law or for any fraudulent or illegal activity.
Provided that you are in compliance with these Terms, you will have the non-exclusive right to access the Services for purposes of creating Responses to RFPs. You are responsible for any and all information, content, data, photos, videos and other materials provided to or uploaded to the Site and Services and the content of the Responses, including its completeness and accuracy (we will refer to this as “User Data”). You own the User Data, but you grant us the following worldwide, non-exclusive, royalty-free, fully paid up, and transferable rights to the User Data:
● To reproduce, modify, store, display, perform, transmit, distribute, and use the User Data to provide the Services, including but not limited to, creating Responses to RPFs;
● To analyze the User Data and use the User Data to train our artificial intelligence and machine learning models that form part of our Services and to improve and develop new features and functions of our Services; and
● To use the User Data for research and development, and use and publish the User Data on an aggregate and anonymized basis for marketing and other purposes.
In addition, you agree that we shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning User Data and data derived therefrom) (collectively, “Resultant Data”), and we will be free (during and after the term of these Terms or your use of the Services) to (i) use such Resultant Data to improve and enhance the Services and for other development, diagnostic, and corrective purposes in connection with the Services and other Ensis products, services, and offerings; and (ii) disclose such Resultant Data solely in aggregate or other de-identified form.
We may charge a fee (“Fees”) for use of our Services which may be set forth in an order form that is signed by the parties or accepted by you online. All Fees are due upon presentation of invoice by us. If we charge recurring Fees (“Subscription Fees”) for a subscription to our Services, you agree to provide us a valid credit card and authorize use to charge the Subscription Fees until you terminate your subscription. Subscriptions will automatically renew for equal subscription periods, unless you notify us of your intent to cancel with 10 days prior written notice. If you fail to pay Fees and Subscription Fees, we may terminate or suspend your access to the Services until such Subscription Fees are paid in full. Past due Fees also accrue interest at the rate of 1% per month or the maximum amount permitted by law, whichever is lower, until paid in full. You agree to pay all of our collection costs for Fees, including attorney’s fees.
You may access, update, or delete your account with us at any time. If you delete your account, you will no longer be able to access or use the Site and Services. We will also delete the information contained in your account in our systems, except to the extent that we need to retain such information to comply with applicable laws or accounting requirements. If you want to exercise your right to access, update, or delete your personal information, please see our Privacy Policy or contact us at dataprotection@ensis.ai.
As noted in our Privacy Policy, we may track certain information about your use of the Site and Services to, among other things, help us provide and improve the Site and Services. This information includes information about a user’s movements and behaviors online using our Site and Services, a user’s activity on our Site and Services, and contact information (name, address, email address, phone number). Any personal information that you provide through the Site and Services will be processed and shared in accordance with our Privacy Policy and your privacy controls.
Provided you are in compliance with these Terms, Ensis hereby grants you a non-exclusive,
non-transferable, revocable license to access and use the Site and Services for use only in connection with preparing Responses to RFP (“User License”). All other rights in the Site and Services are reserved by Ensis. In the event of your breach of these Terms, we will be entitled to terminate the User License immediately.
You agree not to (i) modify, adapt, or translate the Site and Services or attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Site and Services;
(ii) remove any copyright notice, trade mark, legend, logo or product identification from the Site and
Services; (iii) modify, translate, or prepare derivative works of the Site and Services, or any portion thereof; (iv) make any commercial use of the Site and Services; or (v) rent, lease, distribute, or lend the Site and Services to third parties.
Ensis and its associated logos are the trademarks of Ensis (“Ensis Trademarks”). The Site and Services and any expressions, artwork, information, video, audio, text, or other content provided through the Site and Services (collectively, the “Ensis IP”) are owned by Ensis. Other trademarks, service marks, graphics and logos used in connection with the Site and Services are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Ensis Trademarks, Ensis IP and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Ensis or the applicable trademark holder. The Site and Services are protected by copyright, trademark, patent, and other intellectual property and proprietary rights, which are reserved to Ensis and its licensors. We welcome your comments, suggestions, ideas, or other feedback (“Feedback”) about our Site and Services. If you provide Feedback, you agree that we can use that Feedback for any purpose, including to improve the Site and Services, without further obligation (including payment) to you.
We want to make the Site and Services a safe and secure place for our users. For this reason, we must prohibit certain kinds of activities and conduct. You agree not to use the Site and Services in any way, or to engage in any conduct or provide any User Data that:
● Is unlawful, illegal or unauthorized;
● Is defamatory of any other person;
● Is obscene, sexually explicit or offensive;
● Advertises or promotes any other product or business;
● Is likely to harass, upset, embarrass, alarm or annoy any other person;
● Is likely to disrupt our Site and Services in any way;
● Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
● Infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or
● Advocates, promotes, or assists any violence or any unlawful act.
You further agree not to:
● Publish and/or make any use of the Site and Services on any website, media, network or system other than those provided by us, and/or frame, “deep link,” “page scrape,” mirror and/or create a browser or border environment around any of the Site and Services (or any part thereof);
● Use any “robot,” “spider” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site and Services (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Site and Services to obtain or attempt to obtain any materials, documents, services, or information through any means not purposely made available through the Site and Services;
● Purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use our name or the Ensis Trademarks and/or variations and misspellings thereof;
● Impersonate any person or entity or provide false information on the Site and Services, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to us and/or any of our other visitors or users;
● Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorse you, or any statement you make;
● Reverse look-up, trace or seek to trace another user of the Site and Services, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site and Services without their express and informed consent;
● Disable, circumvent, bypass, or otherwise avoid any measures used to prevent or restrict access to the Site and Services or the account of another user or any other systems or networks connected to the Site and Services, by hacking, password mining, or other illegitimate or prohibited means;
● Probe, scan, or test the vulnerability of the Site and Services or any network connected to the Services;
● Upload to the Site and Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
● Take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Site and Services or our systems or networks connected to the Site and Services, or otherwise interfere with or disrupt the operation of the Site and Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; or
● Use the Site and Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.
We reserve the right at our sole discretion to terminate any user’s access to the Site and Services if they violate this Section 11 or any other provision of these Terms.
The Site and Services may contain links to other websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (collectively “External Applications”) for your convenience. We are not and cannot be responsible for the External Applications’ content, operation or use. Your use of External Applications is subject to the privacy practices and terms of use established for the External Applications, and we disclaim all liability for such use. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Applications, which you use at your own risk.
You are responsible for your activities on the Site and Services. You agree to defend, indemnify, and hold harmless Ensis, and its parent company, affiliates, officers, directors, employees, and agents (collectively, “Indemnitees”) against any lawsuit, liability, injuries, damages, or expense (including attorneys’ fees) arising from your use of the Site and Services, the Responses, the User Content and your breach of these Terms. Basically, this means that if we get sued because of some action you took on the Site and Services, you will defend that lawsuit and pay any damages awarded or settlements entered into. The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you indemnify Indemnitees under these Terms, and you will assist us in exercising such rights.
We provide the Site and Services on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Ensis does not warrant or make any representation regarding the validity, accuracy, reliability, or availability of the Services, RFPs or the Ensis Content or that use of the Site and Services will result in you receiving any awards, winning any bids, or entering any contracts in connection with any RFPs. To the fullest extent permitted by applicable law, Ensis hereby excludes all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular use, or that the App, Services or App Content is of satisfactory quality, non-infringing, is free of defects, or is able to operate on an uninterrupted basis, or that the use of the App, App Content or Services by you is in compliance with laws or that any information that you transmit in connection with the Site and Services will be successfully, accurately, or securely transmitted
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ENSIS NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE AND SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SITE AND SERVICES IS TO STOP USING THE SITE AND SERVICES, AS APPLICABLE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms shall be governed by the laws of the State of California, without regard to its choice of law principles. In the event arbitration does not apply, we and you irrevocably submit to the jurisdiction of the state and federal courts in Santa Clara County, California with regard to any dispute arising out of or relating to these Terms. YOU WAIVE YOUR RIGHT TO A CLASS ACTION OR TO A JURY IN THE EVENT OF ANY DISPUTE THAT PROCEEDS IN STATE OR FEDERAL COURT.
YOU HAVE READ THIS SECTION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ENSIS. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN THE SECTION ENTITLED “OPT OUT OF ARBITRATION” BELOW.
We want to try resolve any Dispute informally. Before either you or we can initiate a legal action relating to a Dispute, unless it is for injunctive relief, we shall first attempt to contact the other party to discuss a resolution. You must submit your claim in writing by sending an email to the email address below. We will contact you at the email address you provide when you register to use the Site and Services. Neither Party may initiate either arbitration or other legal action for thirty (30) days after receipt of the claim.
If we cannot resolve the matter amicably, unless you have opted out as set forth below, you and we agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to these Terms, the Site and Services or the App (“Dispute”) will be determined by mandatory, binding, individual (not class) arbitration. You and Ensis further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this arbitration provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
You and Ensis both agree that nothing in this Dispute Resolution provision will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court; (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator; or (3) any claim by Ensis in a court of law for violation of its intellectual property rights. In addition, this arbitration provision does not stop you or us from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
Either you or we may start arbitration proceedings. Any arbitration between you and Ensis will take place under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this arbitration provision. You and Ensis agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Any arbitration hearings will take place in Santa Clara County, California. If the claim being arbitrated is for $25,000 or less, either you or Ensis may choose to have the arbitration take place without an in-person hearing (and the other party will be bound by that choice and hereby agrees to proceed without an
in-person hearing). In the event that either party elects to proceed without an in-person hearing on a claim for $25,000 or less, the arbitrator shall decide whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; or (2) through a non-appearance based telephonic hearing.
Each party shall pay arbitration fees in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
If this arbitration provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any claim in court arising out of or related to the Terms.
OPT-OUT OF ARBITRATION: You may opt out of the binding arbitration described in this section by sending Ensis written notice of your desire to do so by email at info@ensis.ai or regular mail at 548 Market St, #19647, San Francisco, California 94104-5401 within 30 days following the date you first use our Services or App, whichever occurs first (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Ensis with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above.
You and Ensis expressly waive the right to have any Dispute brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the particular individual who initiates the claim to be arbitrated. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or Ensis are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Ensis’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in these Terms or this Dispute Resolution provision, this Mass Action Waiver does not prevent you or Ensis from participating in a mass settlement of claims.
Notwithstanding any provision to the contrary in AAA Rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver, each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and those two arbitrators shall appoint a third neutral arbitrator (in the event that the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator); (ii) Ensis shall pay any administrative fees or costs incidental to the appointment of Arbitrators under this Mass Action Waiver provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental;
(iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of arbitrators determines that a party has violated the Mass Action Waiver, then, in addition to any other available remedies, the other party shall have the opportunity to opt out of arbitration within 30 days of the arbitrator’s or panel of arbitrator’s decision.
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT.
Unless all parties to the arbitration consent in writing, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable.
The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against Ensis in a single proceeding, except that this Class Action Waiver shall not prevent you or Ensis from participating in a classwide, collective, and/or representative settlement of claims. If this Section 19 is held unenforceable in its entirety, then the entirety of Sections 17,18, and 19 hereof will be deemed void. Except as provided in the preceding sentence, Sections 17, 18, and 19 will survive any termination of these Terms.
These Terms are effective unless and until terminated by Ensis. You may discontinue any further use of the App and associated Services, but these Terms will continue to apply to your use of the Site and Services prior to such discontinuance. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the App and associated Services, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the Site and Services. Upon any termination of the Terms by either you or us, you must promptly uninstall the App and cease using the Site and Services. Sections 3 and 10 to 25 will continue to apply even after the Terms, Site and Services have been terminated or suspended.
We respect the intellectual property rights of others and require that users of our Site and Services do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Copyright Manager Ensis
548 Market St
#19647
San Francisco, California 94104-5401 Email: info@ensis.ai.
To be sure the matter is handled immediately, your written notice must:
● Contain your physical or electronic signature;
● Identify the copyrighted work or other intellectual property alleged to have been infringed;
● Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
● Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
● Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent, or the law;
● Contain a statement that the information in the written notice is accurate; and
● Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
● Your physical or electronic signature;
● Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
● A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
● Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Site and Services who is the subject of repeated DMCA or other infringement notifications.
You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively “Export Controls”). Without limiting the generality of the foregoing, you will not, and you will require our representatives not to, export, direct or transfer the Services, or any direct product thereof, to any destination, person, or entity restricted or prohibited by the Export Controls. You agree not to export the Services, directly or indirectly, separately or as part of a system, without first obtaining proper authority to do so from the appropriate governmental agencies or entities, as may be required by law.
You agree that the Services are “Commercial Items” as defined in 48 C.F.R. 2.101, and your use, duplication, reproduction, release, modification, disclosure, or transfer of this commercial product and software is restricted in accordance with 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.
§227.7102-2, and 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.211, 48 C.F.R.
§12.212, 48 C.F.R. §227.7102-1 through 48 C.F.R. §227.7102-3, and 48 C.F.R. §§227.7202-1 through
227.7202-4, as applicable, this commercial product and software are licensed to U.S. federal government end users (i) only as Commercial Items, and (ii) with only those rights as are granted to all other users pursuant to these Terms.
These Terms, including the Privacy Policy, and other policies incorporated herein, constitute the entire and only agreement between you and Ensis with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived, or modified except by Ensis as provided herein or otherwise by written instrument signed by Ensis. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Ensis’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Ensis may assign, transfer, or delegate these Terms or any right, obligation, or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
If you have any questions regarding our Site and Services, you can email us at info@ensis.ai.
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