EnumTech Terms and Conditions

Welcome to EnumTech!

These Terms of Use apply when you use the services of EnumTech or our affiliates, including our application programming interface, software, tools, developer services, data, documentation, and websites (“Services”). It includes but is not restricted to uploading data, making requests to the server, working with the user interface, generating content, installing and using our plugins. The Terms include the current document and any other documentation, guidelines, or policies we may provide in writing. By using our Services, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information.

1. Registration and Access

You must be at least 13 years old to use the Services. If you are under 18 you must have your parent or legal guardian's permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.

2. Usage Requirements

A. Use of Services.

You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.

B. Restrictions.

You may not (i) use the Services in a way that infringes, misappropriates or violates any person's rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) except as permitted through the API, use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; (iv) represent that output from the Services was human-generated when it is not or otherwise violate our Usage Policies; (v) buy, sell, or transfer API keys and/or tokens without our prior consent; or (vi), send us any personal information of children under 13 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation. You may use Services only in geographies currently supported by EnumTech.

C. Third Party Services.

Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.

D. Feedback.

We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.

3. Usage Policy

If we discover that your product or usage doesn't follow these policies, we may ask you to make necessary changes. Repeated or serious violations may result in further action, including suspending or terminating your account.

Our policies may change as we learn more about use and abuse of our UI, plugins, or API.

Disallowed usage of our Services

We don't allow the use of our Services for the following:
  • Illegal activity
  • Child Sexual Abuse Material or any content that exploits or harms children
    • We report CSAM to the National Center for Missing and Exploited Children.
  • Generation of hateful, harassing, or violent content
    • Content that expresses, incites, or promotes hate based on identity
    • Content that intends to harass, threaten, or bully an individual
    • Content that promotes or glorifies violence or celebrates the suffering or humiliation of others
  • Generation of malware
    • Content that attempts to generate code that is designed to disrupt, damage, or gain unauthorized access to a computer system.
  • Activity that has high risk of physical harm, including:
    • Weapons development
    • Military and warfare
    • Management or operation of critical infrastructure in energy, transportation, and water
    • Content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders
  • Activity that has high risk of economic harm, including:
    • Gambling
    • Multi-level marketing
    • Automated determinations of eligibility for credit, employment, educational institutions, or public assistance services
    • Payday lending
  • Fraudulent or deceptive activity, including:
    • Scams
    • Coordinated inauthentic behavior
    • Plagiarism
    • Academic dishonesty
    • Astroturfing, such as fake grassroots support or fake review generation
    • Disinformation
    • Spam
    • Pseudo-pharmaceuticals
  • Adult content, adult industries, and dating apps, including:
  • Content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness)
  • Erotic chat
  • Pornography
  • Political campaigning or lobbying, by:
    • Generating high volumes of campaign materials
    • Generating campaign materials personalized to or targeted at specific demographics
    • Building conversational or interactive systems such as chatbots that provide information about campaigns or engage in political advocacy or lobbying
    • Building products for political campaigning or lobbying purposes
  • Activity that violates people's privacy, including:
    • Tracking or monitoring an individual without their consent
    • Facial recognition of private individuals
    • Classifying individuals based on protected characteristics
    • Using biometrics for identification or assessment
    • Unlawful collection or disclosure of personal identifiable information or educational, financial, or other protected records
  • Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information
  • Offering tailored financial advice without a qualified person reviewing the information
  • Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition
  • High risk government decision-making, including:
    • Law enforcement and criminal justice
    • Migration and asylum
We have further requirements for certain uses of our Services:
  1. Consumer-facing uses of our models in medical, financial, and legal industries; in news generation or news summarization; and where else warranted, must provide a disclaimer to users informing them that AI is being used and of its potential limitations.
  2. Automated systems (including conversational AI and chatbots) must disclose to users that they are interacting with an AI system.
  3. Use of model outputs in livestreams, demonstrations, and research are subject to OpenAI Sharing & Publication Policy.

4. Content

A. Your Content.

You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, EnumTech hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms.

EnumTech may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.

B. Similarity of Content.

Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for EnumTech or a third party. Responses that are requested by and generated for other users are not considered your Content.

C. Use of Content to Improve Services.

We do not use Content that you provide to or receive from our Services to develop or improve our Services. We may use Content to improve your Output performance only, and only when you say so (when providing such service you have to give us the consent to use Content to improve your data performance).

D. Accuracy.

Given the probabilistic and underdeterminable nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.

4. Fees and Payments

A. Fees and Billing. You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize EnumTech and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement.

B. Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. EnumTech uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.

C. Price Changes. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to Beta Services (as defined in our Service Terms), which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.

D. Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact info@enumhq.com within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.

E. Free Tier. You may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services.

5. Confidentiality, Security and Data Protection

A. Confidentiality.

You may be given access to Confidential Information of EnumTech, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that EnumTech or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information.

Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to EnumTech and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.

B. Security.

You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact EnumTech and provide details of the vulnerability or breach.

C. Processing of Personal Data.

If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law.

6. Term and Termination

A. Termination, Suspension.

These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may terminate these Terms for any reason by providing you at least 30 days' advance notice. We may terminate these Terms immediately upon notice to you if you materially breach Sections "Usage Requirements", "Confidentiality, Security and Data Protection", "Dispute Resolution", "General Terms", if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.

B. Effect on Termination.

Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of these Terms which by their nature should survive termination or expiration should survive, including but not limited to Sections listed in this document.

7. Indemnification; Disclaimer of Warranties; Limitations on Liability

A. Indemnity.

You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys' fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.

B. Disclaimer.

THE SERVICES ARE PROVIDED "AS IS."" EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

C. Limitations of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENUMTECH ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENUMTECH ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE ENUMTECH ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8. General

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at https://enumhq.com/terms, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

The laws of the Alberta of Canada, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and us. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Calgary, Alberta, Canada, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in Canada using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such federal government entities, these Terms and any action related thereto \ will be governed by the laws of Canada (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of Alberta (excluding choice of law).

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

If you have any questions about these Terms, please contact us.

Effective: May 28, 2023