1. Who these terms are between
These Terms of Service (the “Terms”) govern access to and use of the Enso FM service, the ensofm.ai website, the app.ensofm.ai application, and the voice, SMS, and email agents operated as part of them (together, the “Service”), provided by Enso (“Enso,” “we,” “us”). By creating an account, completing checkout, or using the Service, you agree to these Terms on behalf of the business you represent (“you” or “Customer”), and you confirm you are authorized to do so.
2. What the Service is — and is not
Enso FM is an after-hours work-order desk for maintenance and trade vendors. Its AI agents answer inbound calls, texts, and email on a phone number and inbox that Enso provisions; ask the intake questions you configure; open a work order; notify your on-call crew by SMS or call; and record status and close-out from the field. Work orders are handed to the system you already use by email, webhook, or file export.
The Service is not:
- an emergency service. It is not 911, a fire or life-safety monitoring station, an alarm central station, or a substitute for any of them. For a fire, medical, or police emergency, contact emergency services directly;
- a guarantee that every call is answered, that any message is delivered, that a technician responds, or that a response happens within any particular time;
- a licensed provider of plumbing, HVAC, electrical, roofing, fire-protection, or other trade services, and it does not give trade, safety, legal, or compliance advice;
- a replacement for your work-order system or CMMS, or a live named two-way integration with one;
- a human answering service. Agent output is generated by AI and may be wrong or incomplete.
3. Your account and eligibility
- You must be at least 18 and use the Service only for a bona fide vendor business.
- Provide accurate registration and billing information and keep it current.
- Keep your credentials secure and notify us promptly of any unauthorized access. You are responsible for activity under your account.
- We may suspend or close accounts that violate these Terms or that we reasonably believe create a security, legal, or payment risk.
4. Your responsibilities for how the desk runs
You control how the Service behaves for your shop. You are responsible for:
- configuring the intake questions, urgency rules, and escalation paths, and for keeping them accurate;
- naming and maintaining a reachable on-call contact. The Service will not treat a line as live for emergency escalation until an on-call contact is set;
- the actual dispatch and completion of work, and for meeting any service-level commitments you have made to your own clients. Enso coordinates communication; it does not perform the work or guarantee outcomes;
- reviewing transcripts and work orders and correcting anything the AI captured incorrectly.
5. Calls, texts, and consent (TCPA and similar laws)
You authorize Enso to place calls and send SMS messages on your behalf as part of the Service. You represent and warrant that:
- you and your clients have obtained any consent required by the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state telemarketing and messaging laws, and carrier rules before any number is contacted through the Service;
- you will not use the Service for marketing, advertising, promotional, political, or debt-collection messaging;
- you will honor opt-out requests (for example “STOP”), which the Service will also process automatically;
- you will complete any carrier registration (such as A2P 10DLC) that applies to your messaging.
You are responsible for messages and calls made through your configuration, and you will indemnify Enso for claims arising from them (see Section 12).
6. Call recording
Call recording is off by default. If you enable recording, you are solely responsible for providing any notice and obtaining any consent required in every jurisdiction where a party to the call is located, including “all-party” consent states. See our Security page for how recordings and transcripts are handled.
7. Acceptable use
You will not, and will not allow anyone to:
- use the Service unlawfully or to violate a third party’s rights;
- send spam or messages that violate the TCPA, CAN-SPAM, or similar rules;
- harass, threaten, defraud, or mislead any person the agents communicate with;
- transmit malware or attempt to disrupt or gain unauthorized access to the Service or other customers’ data;
- reverse engineer the Service, or resell or provide it to third parties except as expressly permitted;
- use the Service as a life-safety, alarm-monitoring, or emergency-response system.
8. Fees, billing, and cancellation
- Plans and metering. Paid plans are billed monthly in advance through our payment processor, Stripe. Usage is metered by the work orders the Service handles in a billing month, plus published fair-use pools for voice minutes and SMS segments. Amounts beyond what your plan includes are billed as overage at the rates shown on the pricing page.
- Authorization. You authorize recurring charges to your payment method for subscription fees, overages, taxes, and any add-ons you select.
- Taxes. Fees are exclusive of taxes, which you are responsible for except for taxes on our net income.
- Price changes. We may change pricing on at least 30 days’ notice, effective at your next renewal.
- Failed payment. If a charge fails, we may retry, suspend the Service, and after a reasonable cure period terminate the account.
- Cancellation. Either party may end a month-to-month subscription on 30 days’ notice. Fees already paid are non-refundable except where required by law. Overage accrued before cancellation remains payable.
9. Third-party services
The Service relies on third parties including a telephony and messaging provider, an AI model provider, and a payment processor. Your use of the Service is also subject to those providers’ terms and acceptable-use policies, and their availability is outside our control. Categories of subprocessors are listed on the Security page.
10. Data and intellectual property
- Your data. As between the parties, you own the work-order data, contact information, transcripts, and other content processed through your account (“Customer Data”). You grant Enso a license to host, process, and transmit Customer Data to provide and improve the Service and as described in our Privacy Policy.
- Our IP. Enso owns the Service, its software, and its trademarks. No rights are granted except the limited right to use the Service under these Terms.
- Feedback. If you send suggestions, we may use them without restriction or obligation.
11. Warranties and disclaimers
The Service is provided “as is” and “as available.” To the fullest extent permitted by law, Enso disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that AI output will be accurate, that every call or message will be answered or delivered, or that escalations will reach anyone.
12. Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Enso’s total liability arising out of or relating to the Service and these Terms will not exceed the amounts you paid to Enso in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations or to your indemnification obligations.
13. Indemnification
You will defend and indemnify Enso against third-party claims and resulting losses arising from: your use of the Service; your configuration, intake scripts, and dispatch rules; Customer Data; your clients or the individuals the agents contact on your behalf; call recording you enable; and any breach of Sections 5 or 7.
14. Term and termination
These Terms apply while you have an account or use the Service. Either party may terminate for material breach not cured within 30 days of notice. On termination, your right to use the Service ends; you remain responsible for fees accrued; and each party will return or delete the other’s confidential information on request, subject to the retention described in the Privacy Policy. Sections that by their nature should survive (including 8, 10–13, and 15) survive termination.
15. Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The state and federal courts located in Dallas County, Texas have exclusive jurisdiction, and each party consents to venue there. Each party waives any right to a jury trial. Any claim must be brought within one year after it arises.
16. Changes to these Terms
We may update these Terms. If a change is material, we will give notice by email or in the app before it takes effect. Continued use after the effective date means you accept the updated Terms.
17. General
These Terms are the entire agreement on their subject and supersede prior discussions. If a provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale. No failure to enforce is a waiver. Neither party is liable for delays caused by events beyond its reasonable control.
18. Contact
Questions about these Terms: legal@ensofm.ai.