Terms of Service

Version 2.0, effective September 1, 2026. This version replaces the Terms dated August 29, 2026 for all customers. Prior versions are available on request.

1. The parties and how you accept these Terms

1.1 Who we are. The Service is provided by Enso Integration LLC, a Texas limited liability company, 17350 State Hwy 249, Suite 220 #37085, Houston, Texas 77064 (“Enso,” “we,” “us,” or “our”). Enso FM is a product of Enso Integration LLC.

1.2 What these Terms cover. These Terms of Service (the “Terms”) govern access to and use of the Enso FM after-hours work-order desk, the ensofm.ai website, the app.ensofm.ai application, any application programming interface, webhook, email intake address, or file export we provide, and the voice, SMS, and email agents we operate as part of them (together, the “Service”). The Privacy Policy, the Security page, the pricing page, the Data Processing Addendum (“DPA”), and any order form we sign with you (an “Order Form”) are incorporated into these Terms by reference.

1.3 Acceptance. You accept these Terms by doing any of the following: clicking a button or checking a box that references them; completing checkout; creating an account; or accessing or using any part of the Service. If you do not agree, do not use the Service.

1.4 Authority. You are entering into these Terms on behalf of the business you represent (“you,” “your,” or “Customer”). You represent and warrant that you are at least 18 years old, that you have full authority to bind that business, and that the business is not barred from using the Service under the laws of any applicable jurisdiction.

1.5 Business use only. The Service is offered solely to businesses for use in their trade or business. It is not offered to, and may not be used by, individuals for personal, family, or household purposes. You acknowledge that you are not a “consumer” under any consumer-protection law with respect to the Service.

1.6 Order of precedence. If there is a conflict, the following order controls: (a) a signed Order Form; (b) these Terms, except that the DPA prevails for any matter concerning the processing of personal data; (c) the DPA; (d) the Privacy Policy, Security page, and pricing page; (e) any other documentation.

2. Definitions

• “Authorized User” means an employee or contractor of Customer whom Customer permits to use the Service under Customer’s account, up to the number of seats included in Customer’s Plan.
• “Contact” means any person the agents communicate with on Customer’s behalf, including callers, tenants, occupants, site staff, and Customer’s own technicians and on-call personnel.
• “Customer Data” means work-order data, transcripts, recordings (if enabled), messages, contact information, configuration, and other content that Customer or its Contacts submit to or generate through the Service.
• “End Client” means a property owner, property manager, facilities operator, or other party for whom Customer performs work.
• “Enso Property” means the Service, its software, models, prompts, intake and call-flow templates, trade knowledge bases, designs, documentation, trademarks, and all related intellectual property, together with all improvements and derivatives.
• “Fees” means all amounts payable under these Terms, including subscription fees, overages, add-ons, and taxes.
• “Plan” means the subscription tier Customer selects, as described on the pricing page or in an Order Form.
• “Third-Party Services” means services not operated by Enso that the Service relies on or connects to, including telephony and messaging carriers, the AI model provider, the payment processor, cloud hosting, and Customer’s own work-order, email, or webhook systems.
• “Usage Data” means technical, statistical, and performance data about the operation and use of the Service, including call and message volumes, timings, error rates, feature usage, and de-identified or aggregated derivatives of Customer Data.

3. What the Service is, and what it is not

3.1 The Service. 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 Customer configures; open a work order; notify Customer’s on-call crew by SMS or call; and record status and close-out from the field. Work orders are handed to the system Customer already uses by email, webhook, or file export.

3.2 The Service is not:

• an emergency service. It is not 911, a public-safety answering point, a fire or life-safety monitoring station, an alarm central station, a supervising station under NFPA 72 or any similar standard, or a substitute for any of them. For a fire, medical, police, gas, or other emergency, the caller must contact emergency services directly;
• a guarantee that any call is answered, any message is delivered, any technician responds, or any 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, engineering, safety, legal, tax, or compliance advice;
• a replacement for Customer’s work-order system or computerized maintenance management system (“CMMS”), or a live, named, two-way integration with one, unless an Order Form says otherwise;
• a human answering service or a party to any communication. Agent output is generated by artificial intelligence and may be inaccurate, incomplete, out of date, or inappropriate. Customer must review and verify AI output before relying on it.

3.3 Automated-assistant disclosure. The agents identify themselves to callers as an automated assistant. Customer will not remove, disable, or alter that disclosure or otherwise represent to Contacts that they are speaking with a person.

4. Accounts and Authorized Users

4.1 Registration. Customer will provide accurate, current, and complete registration and billing information and keep it updated.

4.2 Seats. Access is limited to the number of Authorized Users included in Customer’s Plan. Credentials are personal to each Authorized User and may not be shared. Customer may reassign a seat when an Authorized User leaves.

4.3 Responsibility. Customer is responsible for all activity under its account, whether or not authorized, and for its Authorized Users’ compliance with these Terms. Customer will keep credentials confidential, enable multi-factor authentication where offered, and notify Enso within 24 hours of any suspected unauthorized access. Enso may rely on any instruction, configuration change, or request that comes from Customer’s account.

4.4 Suspension and closure. Enso may suspend or close any account that Enso reasonably believes violates these Terms or creates a security, legal, reputational, carrier-compliance, or payment risk, as further described in Section 17.

5. Customer’s responsibilities for how the desk runs

Customer controls how the Service behaves for its shop. Customer is solely responsible for:

• configuring and maintaining accurate intake questions, urgency rules, emergency keywords, escalation paths, and business hours;
• naming and maintaining at least one reachable on-call contact. The Service will not treat a line as live for emergency escalation until an on-call contact is set, and Enso has no liability for escalations that are not configured, are misconfigured, or reach an unresponsive contact;
• maintaining its own fallback for the failure of any call, message, or escalation, including any telephone forwarding, voicemail, or manual process required by its End Clients, licenses, or insurers;
• performing, supervising, and completing the actual work, and meeting any service-level, response-time, or contractual commitment Customer has made to its End Clients. Enso coordinates communication; it does not perform work, supervise technicians, or guarantee outcomes;
• holding every license, permit, registration, insurance, and bond required for its trade and for the services it offers;
• reviewing transcripts and work orders promptly and correcting anything the AI captured incorrectly;
• ensuring that its own systems, addresses, webhook endpoints, and forwarding rules are correctly configured and available to receive what the Service sends;
• informing its End Clients and Contacts, where required, that an automated system answers its after-hours line and that communications may be transcribed or recorded.

6. Calls, texts, email, and consent

6.1 Authorization. Customer directs Enso to place calls and send SMS messages and email on its behalf as part of the Service. Enso acts solely as a technology platform at Customer’s direction. As between the parties, Customer is the sender, initiator, and person responsible for every communication made through its configuration, including messages to Customer’s own technicians and staff.

6.2 Customer’s compliance warranties. Customer represents, warrants, and covenants that:

• Customer and, where applicable, its End Clients have obtained and will maintain every consent, notice, and authorization required by the Telephone Consumer Protection Act (“TCPA”), the Telemarketing Sales Rule, CAN-SPAM, state telemarketing, autodialer, and messaging laws, carrier and industry codes (including CTIA messaging principles), and any other applicable law before any number or address is contacted through the Service;
• Customer will not use the Service for marketing, advertising, promotional, political, survey, lead-generation, or debt-collection messaging, or for any content prohibited by carriers, including content relating to sex, hate, alcohol, firearms, tobacco, cannabis, gambling, or illegal substances;
• Customer will honor opt-out requests (for example “STOP”) immediately, and acknowledges that the Service will also process them automatically and may thereafter refuse to message the opted-out number;
• Customer will complete and keep current any carrier or regulatory registration that applies to its messaging (for example A2P 10DLC brand and campaign registration), provide accurate information for it, and pay any related pass-through fees;
• Customer will not contact any number on a do-not-call list where such contact is prohibited, and will not use the Service to contact anyone in a manner that is harassing, deceptive, or unlawful.

6.3 Enso’s rights. Enso may, without liability: monitor communications for compliance; reject, modify, delay, or block any message or call that Enso or a carrier considers non-compliant; rate-limit traffic; suspend messaging or calling on any line that draws a carrier complaint, filtering action, or regulatory inquiry; and pass through any fine, penalty, or carrier fee attributable to Customer’s traffic.

6.4 Phone numbers. Phone numbers that Enso provisions are assigned to Customer for use during the term only. Enso and its carriers retain all rights in them. Enso may replace or reassign a number when required by a carrier, regulator, or for compliance reasons, and may reclaim a number on termination or after a period of non-use. Any port-out request will be handled as applicable law and carrier rules require. Customer is solely responsible for the forwarding rules and carrier relationship of any number it retains.

6.5 Indemnity. Customer will defend and indemnify Enso for any claim, fine, penalty, or loss arising from communications made through its configuration, as described in Section 16.

7. Call recording and transcription

7.1 Off by default. Audio recording is off by default. When it is off, the Service still generates a text transcript to build the work order.

7.2 If Customer enables recording. Customer is solely responsible for providing every notice and obtaining every consent required in every jurisdiction where any party to a call may be located, including “all-party” consent jurisdictions, and for keeping the recording disclosure in its greeting accurate. Customer will not enable recording for any line where it cannot lawfully do so.

7.3 No biometric use. Customer will not use the Service, recordings, or transcripts to identify a person by voiceprint or to create, collect, or store any biometric identifier.

8. Acceptable use

Customer will not, and will not permit anyone to:

• use the Service in violation of any law or regulation or to infringe or violate any third party’s rights;
• use the Service as a life-safety, alarm-monitoring, emergency-dispatch, or emergency-response system, or for any purpose where failure or error of the Service could reasonably lead to death, personal injury, or severe property or environmental damage;
• submit or cause to be submitted any protected health information under HIPAA, cardholder data, Social Security or other government identification numbers, financial account numbers, biometric identifiers, or information about children under 13, or any data that is subject to a law or contract with which the Service is not represented to comply. Enso is not a “business associate” and will not sign a business associate agreement;
• harass, threaten, defraud, impersonate, or mislead any Contact;
• transmit malware, or probe, scan, disrupt, overload, or attempt to gain unauthorized access to the Service, its infrastructure, or another customer’s data;
• copy, modify, translate, reverse engineer, decompile, disassemble, or create derivative works of Enso Property, or attempt to extract its source code, models, prompts, or training data;
• access the Service by automated means other than through interfaces Enso provides, or scrape or harvest data from it;
• resell, sublicense, lease, time-share, white-label, or otherwise provide the Service to any third party, or use it to operate a service bureau or answering service for others, except as expressly permitted in an Order Form;
• use the Service to build, train, benchmark, or improve a competing product, or publish or disclose any performance or comparative benchmark of the Service without Enso’s written consent;
• remove or obscure any proprietary notice, or use Enso’s name or marks except as permitted in Section 20;
• circumvent seat limits, usage limits, fair-use pools, or security controls;
• use the Service outside the United States, or with numbers or Contacts outside the United States, unless an Order Form permits it.

9. Fees, billing, trials, and taxes

9.1 Plans and payment. Paid Plans are billed monthly in advance, in United States dollars, through our payment processor, Stripe. Customer authorizes Enso and Stripe to charge the payment method on file for all Fees, including subscription fees, overages, add-ons, pass-through carrier fees, and taxes, and to retry failed charges. Customer will keep a valid payment method on file at all times.

9.2 Free 30-day trial. Where offered, each self-serve Plan starts with a free 30-day trial. Checkout collects a payment method and charges nothing that day. Unless Customer cancels before the free trial ends, the payment method on file will be charged automatically for the first paid month and each month thereafter. One 30-day free trial is available per business; Enso may withhold or shorten a free trial at its discretion, and may limit features or volumes during it.

9.3 Automatic renewal. Each subscription renews automatically for successive one-month terms until cancelled. Customer may cancel at any time from the Billing page in the app. Cancellation takes effect at the end of the then-current billing month; there are no partial-month refunds.

9.4 Metering. Usage is metered by the work orders the Service handles in a billing month, counted once per job regardless of how many calls, texts, or emails it takes, plus published fair-use pools for voice minutes and SMS segments. Usage beyond what the Plan includes is billed as overage at the rates on the pricing page, in arrears, at the start of the next billing month or at termination. Enso’s usage records are conclusive absent manifest error.

9.5 Price changes. Enso may change Fees or Plan contents on at least 30 days’ notice by email or in the app. Changes take effect at the next renewal after the notice period. Continued use after the effective date is acceptance of the new Fees.

9.6 Late payment. If any charge fails or any invoice is not paid when due, Enso may (a) charge interest on the overdue amount at the lesser of 1.5% per month or the maximum rate permitted by law, (b) suspend the Service, including the phone line, after 10 days’ notice, and (c) recover all costs of collection, including reasonable attorneys’ fees. Customer will pay all Fees that accrue during a suspension.

9.7 Billing disputes and chargebacks. Customer must notify Enso in writing of any billing dispute within 30 days after the charge; otherwise the charge is accepted and any dispute is waived. Customer will contact Enso before initiating a chargeback or payment reversal. A chargeback initiated without first giving Enso a reasonable opportunity to resolve the dispute is a material breach, and Enso may suspend the Service and recover the disputed amount plus any fees the processor charges.

9.8 No refunds. Except where these Terms or applicable law expressly require otherwise, all Fees are non-refundable and non-cancellable once charged, and no credits are given for unused seats, jobs, minutes, or segments, or for downtime.

9.9 Taxes. Fees exclude sales, use, excise, value-added, telecommunications, regulatory, and similar taxes, fees, and surcharges, which Customer will pay in addition to Fees, except taxes on Enso’s net income. If Customer is tax-exempt, it will provide a valid exemption certificate before the first charge.

9.10 Custom plans. Network and other custom Plans are governed by an Order Form. Where the Order Form is silent, these Terms apply.

10. Third-Party Services

10.1 Reliance. The Service depends on Third-Party Services that Enso does not control. Customer’s use of the Service is also subject to those providers’ terms and acceptable-use policies, which may change. Categories of subprocessors are listed on the Security page.

10.2 No responsibility. Enso is not responsible for, and makes no warranty about, the availability, accuracy, delivery, filtering, blocking, latency, or security of any Third-Party Service, including any carrier’s decision to block or filter Customer’s traffic, any change to or outage of the AI model provider, or any failure of Customer’s own email, CMMS, or webhook endpoints to accept what the Service sends.

10.3 Handoff to Customer’s systems. Delivery of work orders to Customer’s systems by email, webhook, or file export is made on a commercially reasonable, best-efforts basis with retries. Enso does not guarantee receipt or processing by Customer’s systems. Customer remains responsible for monitoring its own systems and acting on the work orders it receives.

11. Customer Data, privacy, and data protection

11.1 Ownership. As between the parties, Customer owns Customer Data.

11.2 License to Enso. Customer grants Enso and its subprocessors a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, process, display, and modify Customer Data as necessary to provide, secure, support, and improve the Service; to comply with law; to enforce these Terms; and as described in the Privacy Policy. This license lasts for the term and for any post-termination retention period described in Section 17.

11.3 Usage Data and de-identified data. Enso owns all Usage Data. Enso may create, use, and retain de-identified and aggregated data derived from Customer Data, for any lawful purpose during and after the term, including to operate, analyze, train, tune, and improve the Service and Enso’s models and intake templates, provided that such data does not identify Customer, any Contact, or any End Client. Enso will not sell Customer Data.

11.4 Customer’s responsibilities. Customer is solely responsible for the accuracy, quality, legality, and lawful basis of Customer Data; for providing every privacy notice and obtaining every consent that Contacts, End Clients, and Authorized Users are entitled to; and for responding to data-subject and consumer requests that relate to Customer’s use of the Service. Customer is the controller (or business) and Enso is the processor (or service provider) of any personal data in Customer Data.

11.5 Data Processing Addendum. Enso’s Data Processing Addendum forms part of these Terms and governs Enso’s processing of personal data in Customer Data, including the service-provider and processor terms that the CCPA/CPRA, the Texas Data Privacy and Security Act, and similar laws require. A countersigned copy is available on request from support@ensointegration.ai.

11.6 Security. Enso maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data, as described on the Security page. No method of transmission or storage is completely secure, and Enso does not guarantee that Customer Data will not be accessed, altered, or lost by unauthorized means. Enso will notify Customer without undue delay after confirming a breach of security that affects Customer’s personal data, to the extent required by law.

11.7 Retention, export, and deletion. During the term, Customer may export its work-order data through the tools the Service provides. Customer Data is retained for the period Customer configures or Enso’s default window. After termination, Enso will make Customer Data available for export for 30 days, after which Enso may delete it, subject to backups that expire on a rolling schedule and to any retention required by law. Enso has no obligation to retain Customer Data beyond that period.

11.8 Legal process. Enso may disclose Customer Data where required by law, subpoena, court order, or governmental request, or where Enso reasonably believes disclosure is necessary to protect the rights, property, or safety of Enso, its customers, or the public.

12. Intellectual property

12.1 Enso Property. Enso and its licensors own all right, title, and interest in Enso Property, including all improvements, modifications, and derivatives, however created and by whomever suggested. The Service is the subject of one or more pending United States patent applications. Enso reserves all rights not expressly granted. No right is granted by implication, estoppel, or otherwise.

12.2 Limited right to use. Subject to these Terms and payment of Fees, Enso grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the term for Customer’s internal business operations, in accordance with the documentation.

12.3 Feedback. If Customer or an Authorized User provides suggestions, ideas, or feedback about the Service, Customer hereby assigns to Enso all rights in that feedback, and Enso may use it without restriction, attribution, or compensation.

12.4 Marks. “Enso,” “Enso FM,” “Enso AI,” and related logos are trademarks of Enso Integration LLC. Customer will not use them except as permitted in Section 20.

13. Confidentiality

13.1 Definition. “Confidential Information” means non-public information disclosed by one party to the other that is marked confidential or that a reasonable person would understand to be confidential. Enso’s Confidential Information includes the Service, its non-public features, pricing in an Order Form, security information, and roadmaps. Customer’s Confidential Information includes Customer Data.

13.2 Obligations. The receiving party will use the disclosing party’s Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will disclose it only to employees, contractors, advisors, and subprocessors who need to know it and are bound by obligations at least as protective.

13.3 Exceptions. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was known to the receiving party without restriction before disclosure, is independently developed, or is rightfully received from a third party without restriction. A party may disclose Confidential Information to the extent required by law after giving reasonable notice where legally permitted.

13.4 Duration. These obligations last for three years after termination, and indefinitely for trade secrets and Customer Data.

14. Warranties and disclaimers

14.1 Customer’s warranties. Customer represents and warrants that: it has the authority to enter into these Terms; its use of the Service, its configuration, and Customer Data will comply with all applicable laws and these Terms; it has and will maintain every consent, notice, license, and registration required by Sections 5 through 8; and it will not use the Service for any purpose prohibited by Section 8.

14.2 Disclaimer. THE SERVICE, ALL AI OUTPUT, AND ALL THIRD-PARTY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, ENSO AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE FOREGOING, ENSO DOES NOT WARRANT THAT: THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; ANY CALL, TEXT, OR EMAIL WILL BE ANSWERED, DELIVERED, TRANSCRIBED, OR ESCALATED, OR THAT ANY ESCALATION WILL REACH ANYONE; ANY AI OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE; ANY WORK ORDER WILL BE RECEIVED OR PROCESSED BY CUSTOMER’S SYSTEMS; THE SERVICE WILL MEET CUSTOMER’S OR ANY END CLIENT’S REQUIREMENTS OR SERVICE LEVELS; OR CUSTOMER’S USE OF THE SERVICE WILL COMPLY WITH ANY LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ENSO OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

14.3 No emergency or professional reliance. ENSO IS NOT AN EMERGENCY SERVICE, A MONITORING SERVICE, OR A LICENSED TRADE, ENGINEERING, LEGAL, OR SAFETY PROFESSIONAL, AND NOTHING IN THE SERVICE IS PROFESSIONAL ADVICE. CUSTOMER ASSUMES ALL RISK OF RELYING ON THE SERVICE.

14.4 Beta and pre-release features. Features identified as beta, preview, early access, or similar are provided for evaluation, may be changed or withdrawn at any time, and are excluded from any commitment Enso makes elsewhere.

14.5 Waiver of consumer rights. TO THE EXTENT THE TEXAS DECEPTIVE TRADE PRACTICES–CONSUMER PROTECTION ACT COULD BE ASSERTED TO APPLY: WAIVER OF CONSUMER RIGHTS. I WAIVE MY RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES–CONSUMER PROTECTION ACT, SECTION 17.41 ET SEQ., BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF MY OWN SELECTION, I VOLUNTARILY CONSENT TO THIS WAIVER.

15. Limitation of liability

15.1 Exclusion of certain damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENSO OR ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, CONTRACTS, GOODWILL, DATA, OR USE, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Specific exclusions. WITHOUT LIMITING SECTION 15.1, ENSO WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR CLAIM ARISING FROM OR RELATING TO: A CALL, TEXT, OR EMAIL THAT IS MISSED, DROPPED, UNANSWERED, DELAYED, MISROUTED, MISTRANSCRIBED, OR NOT DELIVERED; AN ESCALATION THAT DOES NOT REACH OR IS NOT ACTED ON BY AN ON-CALL CONTACT; A WORK ORDER THAT IS INACCURATE, INCOMPLETE, DELAYED, DUPLICATED, OR NOT RECEIVED BY CUSTOMER’S SYSTEMS; ANY AI OUTPUT; ANY DELAY IN OR FAILURE OF DISPATCH, RESPONSE, REPAIR, OR SERVICE BY CUSTOMER OR ITS TECHNICIANS; ANY PROPERTY DAMAGE, WATER, FIRE, GAS, ELECTRICAL, STRUCTURAL, OR ENVIRONMENTAL EVENT AT ANY SITE; ANY CLAIM BY AN END CLIENT OR CONTACT; ANY THIRD-PARTY SERVICE; OR CUSTOMER’S CONFIGURATION, CUSTOMER DATA, OR COMPLIANCE WITH LAW.

15.3 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ENSO AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS ARISING OUT OF OR RELATING TO THE SERVICE AND THESE TERMS, UNDER ANY THEORY, WILL NOT EXCEED THE GREATER OF (A) THE FEES ACTUALLY PAID BY CUSTOMER TO ENSO FOR THE SERVICE IN THE SIX MONTHS IMMEDIATELY BEFORE THE EVENT FIRST GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100). MULTIPLE CLAIMS DO NOT ENLARGE THIS CAP.

15.4 Basis of the bargain. THE PARTIES AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS IN SECTIONS 14 AND 15 ARE AN ESSENTIAL BASIS OF THE BARGAIN, ARE REFLECTED IN THE FEES, AND WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS DO NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS OR CUSTOMER’S INDEMNIFICATION OBLIGATIONS, AND DO NOT EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

15.5 Sole point of responsibility. Customer, not Enso, is solely responsible to its End Clients, Contacts, technicians, insurers, and regulators for the work Customer performs and for the communications made through Customer’s configuration. Enso has no duty of care to, and no liability toward, any End Client or Contact.

16. Indemnification

16.1 By Customer. Customer will defend, indemnify, and hold harmless Enso and its affiliates, members, managers, officers, employees, contractors, licensors, and suppliers from and against all claims, demands, suits, proceedings, fines, penalties, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) Customer’s or any Authorized User’s use of the Service; (b) Customer’s configuration, intake scripts, greetings, escalation rules, and dispatch rules; (c) Customer Data; (d) any call, text, or email made through Customer’s configuration, including any alleged violation of the TCPA, CAN-SPAM, state messaging or telemarketing laws, or carrier rules; (e) call recording or transcription Customer enables; (f) any claim by an End Client, Contact, technician, or other third party relating to work performed or not performed by Customer, to any site or property, or to any personal injury or property damage; (g) Customer’s breach of these Terms or violation of law; or (h) any tax, fee, or surcharge for which Customer is responsible.

16.2 By Enso. Enso will defend Customer against any third-party claim alleging that the Service, as provided by Enso and used in accordance with these Terms, directly infringes a United States patent, copyright, or trademark, and will pay the damages and costs finally awarded or agreed in settlement. Enso has no obligation for any claim arising from Customer Data, Third-Party Services, Customer’s configuration or specifications, use in combination with anything not supplied by Enso, modification not made by Enso, use after Enso has offered a non-infringing alternative, or use in breach of these Terms. If the Service is or may be subject to such a claim, Enso may, at its option, procure the right for Customer to continue using it, modify or replace it so that it is non-infringing, or terminate the affected Service and refund any prepaid Fees for the remainder of the current billing month. This Section 16.2 states Enso’s sole liability and Customer’s exclusive remedy for infringement, and is subject to Section 15.

16.3 Procedure. The indemnified party will give prompt notice of the claim (delay excuses the indemnifying party only to the extent it is prejudiced), give the indemnifying party sole control of the defense and settlement, and provide reasonable cooperation at the indemnifying party’s expense. The indemnifying party will not settle a claim in a way that admits fault by, or imposes an obligation on, the indemnified party without its written consent, not to be unreasonably withheld.

17. Term, suspension, and termination

17.1 Term. These Terms begin when Customer first accepts them and continue until every subscription has ended and Customer has stopped using the Service.

17.2 Suspension. Enso may suspend all or part of the Service, including any phone line, immediately and without liability if Enso reasonably believes that: Fees are overdue; Customer’s use threatens the security, integrity, or availability of the Service or another customer; Customer’s traffic has drawn a carrier complaint, filtering action, regulatory inquiry, or legal claim; Customer has breached Section 6, 7, or 8; Customer’s account has been compromised; or suspension is required by law or a Third-Party Service. Enso will give notice where practicable and will lift the suspension when the cause is resolved. Fees continue to accrue during suspension.

17.3 Termination by Customer. Customer may cancel its subscription at any time from the Billing page, with effect at the end of the then-current billing month.

17.4 Termination by Enso. Enso may terminate these Terms or any subscription: (a) for convenience on 30 days’ notice, in which case Enso will refund any prepaid Fees for the period after termination; (b) immediately on notice if Customer materially breaches these Terms and, where the breach is curable, fails to cure within 10 days after notice; (c) immediately on notice for any breach of Section 6, 7, 8, or 9.7; (d) immediately if Customer becomes insolvent, makes an assignment for the benefit of creditors, or is the subject of a bankruptcy or similar proceeding; or (e) immediately if required by law or a Third-Party Service.

17.5 Effect of termination. On termination: Customer’s right to use the Service ends; Enso-provisioned phone numbers, inboxes, and lines are deactivated and may be reassigned; all accrued and unpaid Fees, including overage, become immediately due; Customer Data is handled as described in Section 11.7; and each party will return or destroy the other’s Confidential Information on request, subject to Section 11.7 and legal retention. Termination does not entitle Customer to any refund except as stated in Section 17.4(a) or Section 16.2.

17.6 Survival. Sections 1.5, 2, 3.2, 6.1, 6.5, 9, 11.2 through 11.8, 12, 13, 14, 15, 16, 17.5, 17.6, 19, 21, 22, and 23 survive termination, along with any other provision that by its nature should survive.

18. Changes to the Service and to these Terms

18.1 Changes to the Service. Enso may modify, add, or discontinue features, Plans, templates, models, and integrations at any time. Enso will give at least 30 days’ notice, where practicable, of a change that materially reduces the core functionality of a paid Plan. Enso is not required to maintain any feature, and no change entitles Customer to a refund except as stated in Section 17.4(a).

18.2 Changes to these Terms. Enso may update these Terms. Enso will give at least 15 days’ notice of a material change by email to the account administrator or by notice in the app, and will update the version and effective date at the top of this page. Changes required by law, a Third-Party Service, or for security may take effect immediately. If Customer objects to a change, Customer’s sole remedy is to cancel before the effective date. Continued use of the Service after the effective date is acceptance of the updated Terms.

19. Dispute resolution: informal resolution, binding arbitration, class-action waiver, and jury waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

19.1 Informal resolution first. Before starting arbitration or litigation, the party raising a dispute will send the other a written notice describing the dispute and the relief sought (to Enso, at the address in Section 22). The parties will try in good faith to resolve the dispute for 60 days after the notice. Neither party may start arbitration or litigation before that period ends.

19.2 Binding arbitration. Except as provided in Section 19.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including its formation, existence, breach, termination, enforcement, interpretation, or validity, and including any claim against Enso’s affiliates, members, managers, officers, employees, contractors, licensors, or suppliers (each of whom is a third-party beneficiary of this Section 19), will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. The Federal Arbitration Act governs this Section 19. There will be one arbitrator, who will be a licensed attorney or retired judge with experience in commercial technology contracts. The seat and location of arbitration will be Dallas County, Texas; either party may elect to appear by videoconference, and a dispute of less than US $25,000 may be resolved on written submissions. The arbitrator has exclusive authority to decide all issues, including the scope and enforceability of this agreement to arbitrate, except that a court will decide the enforceability of Section 19.5. The arbitrator will apply these Terms, including the limitations in Sections 14 and 15, and may award only relief available to an individual party in court. Judgment on the award may be entered in any court of competent jurisdiction. The arbitration and its result are Confidential Information of both parties.

19.3 Costs and fees. Each party will pay its own attorneys’ fees and its share of AAA fees under the AAA rules, except that the arbitrator will award the prevailing party its reasonable attorneys’ fees and costs, and Enso may recover all costs of collecting unpaid Fees under Section 9.6.

19.4 Exceptions. Either party may (a) bring an individual claim in small-claims court in Dallas County, Texas if it qualifies; (b) seek temporary, preliminary, or permanent injunctive or other equitable relief in court to protect its intellectual property, Confidential Information, or the security of the Service, or to enforce Section 8, without posting bond and without waiving arbitration of any other claim; and Enso may (c) bring an action in court to collect unpaid Fees.

19.5 Class-action and representative-action waiver. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. If this Section 19.5 is found unenforceable as to a particular claim, then that claim, and only that claim, will be severed from arbitration and litigated in court under Section 19.7, and the remainder of this Section 19 will continue to apply.

19.6 Jury waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

19.7 Governing law and venue. These Terms and any dispute are governed by the laws of the State of Texas and the Federal Arbitration Act, without regard to conflict-of-laws rules, and without regard to the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act. For any matter not subject to arbitration, the state and federal courts located in Dallas County, Texas have exclusive jurisdiction, and each party irrevocably consents to personal jurisdiction and venue there and waives any objection based on inconvenient forum.

19.8 Time limit on claims. To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Service must be filed within two years after the claim accrues, or it is permanently barred. This Section 19.8 does not shorten any period that applicable law does not allow the parties to shorten.

20. Publicity

Enso may identify Customer as a customer, and use Customer’s name and logo for that purpose, on Enso’s website and in marketing and investor materials. Customer may withdraw this permission for future use at any time by emailing support@ensointegration.ai. Neither party will issue a press release about the relationship without the other’s written consent.

21. Compliance, export, and government use

21.1 Location. The Service is operated from, and intended for use within, the United States. Customer will not use the Service, and will not permit Contacts to be reached, outside the United States unless an Order Form permits it.

21.2 Export and sanctions. Customer will comply with all United States export-control and economic-sanctions laws, and represents that neither it nor any of its owners or Authorized Users is located in, organized under the laws of, or a resident of a country or region subject to comprehensive United States sanctions, or is listed on any United States restricted-party list.

21.3 Anti-corruption. Each party will comply with applicable anti-bribery and anti-corruption laws.

21.4 Government users. The Service is “commercial computer software” and “commercial computer software documentation” as those terms are used in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. Any use by or for a United States government entity is subject only to these Terms.

22. Notices

22.1 To Customer. Enso may give notice by email to the account administrator’s address on file, by notice within the app, or by posting on the Service. Notice is effective when sent or posted. Customer will keep its administrator contact current.

22.2 To Enso. Customer will give notice by email to support@ensointegration.ai and, for any legal notice (including a notice of dispute, breach, or indemnity claim), also by courier or certified mail to Enso Integration LLC, Attn: Legal, 17350 State Hwy 249, Suite 220 #37085, Houston, Texas 77064. Legal notice is effective on receipt.

23. General

23.1 Entire agreement. These Terms, together with the documents incorporated in Section 1.2, are the entire agreement between the parties on their subject and supersede all prior and contemporaneous proposals, quotes, representations, and agreements, written or oral. No purchase order, vendor-registration form, or other Customer document adds to or changes these Terms, even if Enso signs or acknowledges it.

23.2 Assignment. Customer may not assign or transfer these Terms or any right under them, by operation of law or otherwise, without Enso’s prior written consent, and any attempt to do so is void. Enso may assign these Terms, in whole or in part, without consent to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets or of the Enso FM business. These Terms bind and benefit permitted successors and assigns.

23.3 Subcontractors. Enso may use subcontractors and subprocessors to perform the Service and remains responsible for its obligations under these Terms.

23.4 Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, fiduciary, or employment relationship. Enso is not the employer, dispatcher, or supervisor of Customer’s technicians.

23.5 No third-party beneficiaries. Except as stated in Section 19.2, there are no third-party beneficiaries of these Terms. In particular, no End Client, Contact, technician, tenant, occupant, insurer, or other third party has any right to enforce these Terms or any claim against Enso arising from them.

23.6 Force majeure. Enso is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, fire, flood, storm, epidemic, war, terrorism, civil unrest, labor dispute, governmental action, failure or degradation of the internet, telecommunications networks, carriers, power, hosting, or the AI model provider, denial-of-service or other attacks, or failure of a Third-Party Service.

23.7 Waiver and severability. A failure or delay to enforce any provision is not a waiver. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions remain in full force and effect.

23.8 Interpretation. Headings are for convenience only. “Including” means “including without limitation.” No rule of construction against the drafter applies. These Terms are in English, and any translation is for convenience only.

23.9 Electronic contracting. Customer consents to do business electronically, agrees that clicking, checking a box, completing checkout, or using the Service is a valid electronic signature, and agrees that electronic records of these Terms and of Customer’s acceptance satisfy any requirement that they be in writing.

23.10 Equitable relief. Customer acknowledges that a breach of Section 8, 12, or 13 would cause Enso irreparable harm for which damages are not an adequate remedy, and that Enso may seek injunctive relief without posting bond.

24. Contact

Questions about these Terms: support@ensointegration.ai, or by mail to Enso Integration LLC, 17350 State Hwy 249, Suite 220 #37085, Houston, Texas 77064.