Effective Date: 19.12.2023
Last Updated on: 19.12.2023

 

These Terms of Service (“Terms”) describe the terms under which ENKI SPACE s.r.l. (“We”, “Our” “Us”) provides an individual or entity, who purchases our Service(s) and creates an Account with Us and their Users, access to and use of Our Service(s) (“You”, “Your”, “Yourself”). By accessing and/or using Our Service(s),

  1. a) You agree to be bound by these Terms and acknowledge having read the privacy policy located at  https://enki-space.com/privacy-policy/(“Privacy Notice”).
  2. b) You warrant to us that You are legally competent to enter into this agreement
  3. c) That, in the event You are entering into these Terms on behalf of any entity/company or its group, You possess the requisite authority to bind such entities, company or its groups to these Terms.

 If You do not agree to these Terms, You should immediately cease using our Service(s).

You and Us will be individually referred to as “Party” and collectively as “ Parties.”

 

  1. LIMITATION OF LIABILITY

1.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY,NEGLIGENCE OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.

1.2. IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  1. YOUR RIGHTS

2.1. Subject to Your compliance with these Terms and solely during the Subscription Term, You shall have the limited, non-exclusive, revocable right to access and use the Service(s) for your internal purposes  in accordance with the Subscription Plan (“Subscription Plan” shall mean the plan available on Our Websites for the Service(s) specifying the pricing, features and usage limits) as specifically stated in Our Websites.

 

  1. INTELLECTUAL PROPERTY RIGHTS

3.1. Except for the rights granted to You under clause 2, all rights, title and interest in and to all intellectual property and/or proprietary rights, title and interest in or related to the Service(s), including patents, inventions, copyrights, trademarks, domain names, trade secrets or know-how (collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with Us.

3.2. You own the rights to the Service Data that You provide to Us. We do not claim ownership over such Service Data. You grant to Us a royalty-free license and right to use Service Data solely to provide, support, maintain and improve the Service(s). ????

3.3. We shall have a right and license to incorporate into the Service(s) or otherwise use any suggestions, enhancement requests, recommendations or other feedback we receive from You.

3.4. All rights not expressly provided to You herein are reserved.

3.5 Copyright for all information existent on this website is owned by Enki Space or its affiliates. No content from this website may be partially or integrally reproduced or modified without the expressed consent of Enki Space or the copyright holder. All rights reserved Enki Space. It is strictly forbidden to use this website in order to destroy or alter it, its content or its safety, or to discredit or harass InfoCons or its affiliates. Enki Space will apply all measures of technical and organizational security in order to protect data it controls against any situation of manipulation be it accidental or intentional, loss, destruction or against access of unauthorized users.

 

 

  1. YOUR RESPONSIBILITIES

4.1. Your Account:

 

Your access and use of the Service(s) is restricted to the usage limits specified in Your Subscription Plan.

4.2. Acceptable Use: You agree not to

(a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, timeshare disassemble, reverse engineer, decompile or make the Service(s) available to any third party, other than Users in furtherance of Your internal purposes as expressly permitted by these Terms;

(b) modify, adapt, or hack the Service(s) or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or networks;

 (c) use the Service(s) to store or transmit Sensitive Personal Information;

(d) use the Service(s) to store or transmit Service Data in violation of applicable laws and regulations, including but not limited to violation of any person’s privacy rights, export control laws/regulations;

(e) access it for purposes of creating derivative works based on, or developing or operating products or services for third-parties in competition with the Service(s);

(f) use the Service(s) to store or transmit any content that infringes upon any person’s intellectual property rights or is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;

(g) use the Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software;

(h) “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Service(s) (through use of manual or automated means)

4.3. If We inform You that a specified activity or purpose is prohibited with respect to the Service(s), You will ensure that You immediately cease use of the Service(s) for such prohibited activity or purpose.

4.4. You represent and warrant that You have obtained and maintained necessary authorizations, approvals and permissions from Users and individuals with whom Users interact when using Third-party Service(s), for Us to Process such Service Data for the purpose of providing the Service(s).

4.5. You represent and warrant that you are free to enter into these Terms and perform the obligations here under and doing so will not violate any other agreement to which it is a party, including any agreements with Third-party Service(s).

  1. SERVICE(S)

5.1. Any enhancements, new features or updates (“Updates”) to the Service(s) are also subject to these Terms and We reserve the right to deploy Updates at any time.

5.2. The Service(s) may temporarily be unavailable due to scheduled downtime for upgrades and maintenance in which case We shall use commercially reasonable endeavours to notify You in advance.

  1. TERM, TERMINATION AND SUSPENSION

6.1. The Subscription Term shall be set forth on the Subscription Plan that You may choose.

6.2. Termination by You: You may terminate one or more of your Account(s) in the event We materially breach these Terms, provided that You shall provide an advance notice of such breach and afford us not less than thirty (30) days to cure such breach. In case of such termination, We shall, pro-rata, refund the Subscription Charges for the remainder of the Subscription Term.

6.3. Suspension and Termination by Us: In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account or the Service(s) if You are in violation of these Terms. We will notify You if Your activities violate These Terms and, at Our sole discretion, provide You with a period of fifteen (15) days (“Cure Period”) to cure or cease such activities. If You fail to cure or cease such activities within said Cure Period or if We believe that such breaches cannot be cured, Your Account/ Service(s) shall be terminated.

6.4. Effect of Terminating Your Account: Following the termination of Your Account/ Service(s) either by Yourself or by Us, Your access and use of the Service(s) shall cease. We retain all Service Data in our possession for a period of twenty-six (26) months from the date of effective termination (“Data Retention Period”). Beyond the Data Retention Period, We reserve the right to delete all the Service Data in our possession.

  1. CONFIDENTIALITY, DATA PRIVACY AND SECURITY

7.1. If You choose, or are provided with, a user identification code, login, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party. We shall have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion, You have failed to comply with any of the provisions of these Terms. We will not be responsible for any activities, including any attempted or actual access or loss of data occurring in Your Account as a result of your non-compliance of obligations under this clause.

7.2. Each of the Parties will protect the other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each of the Parties protects its own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of the Parties may use the other’s Confidential Information solely to exercise its respective rights and perform its respective obligations under these Terms and shall disclose such Confidential Information solely to those of its respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this clause shall supersede any non-disclosure agreement by and between the Parties entered prior to these Terms that would purport to address the confidentiality of Service Data and such agreement shall have no further force or effect with respect to Service Data.

7.3. We shall Process any Personal Data forming part of the Service Data only on Your behalf as your data processor. We shall Process such Personal Data in accordance with these Terms and applicable data privacy laws and as part of the direct relationship between Us and You.

7.4. You acknowledge and agree that You are the Business, and We are the Service Provider with respect to the Personal Information of Consumers (as those terms are understood under the GDPR and Law 677/2001. disclose by You to Us for the provision of the Service(s).

7.5. We will not sell, retain, use, or disclose Personal Information of Consumers that We processes on behalf of You when providing the Service(s) under these Terms for any purpose other than for the specific purpose of providing the Service(s) in accordance with the Terms and as part of the direct relationship between Us and You. We understand the restrictions stated in this clause and will comply with such restrictions.

7.6. You acknowledge and agree that You shall be responsible for providing the required notice to Consumers with respect to sharing their Personal Information with Us.

7.7. You shall not disclose (and shall not permit any individual to disclose) any special categories of personal data (as defined under GDPR) to Us for Processing. We shall ensure that any person We authorize to Process Service Data shall protect the Service Data in accordance with Our confidentiality obligations under these Terms.

7.8. We shall provide reasonable cooperation to assist You to respond to any requests from individuals or applicable data protection authorities relating to the processing of Personal Information under these Terms/ Data Processing Addendum when You are required to respond to such requests under applicable data protection laws. In the event that any such request is made directly to Us, We shall not respond to such communication directly without Your prior authorization, unless legally compelled to do so.

7.9. You acknowledge and agree that We and Our group companies may access or disclose information about You, Your Account, Users, including Service Data, in order to (a) comply with the law or respond to lawful requests or legal process; or

(b) prevent any infringement of group companies’ or Our customers’ proprietary rights. Further, at Our sole discretion, any suspected fraudulent, abusive, or illegal activity by You may be referred to law enforcement authorities.

  1. WARRANTIES

8.1. WE WARRANT THAT THE SERVICE(S) WILL PERFORM IN ALL MATERIAL ASPECTS IN ACCORDANCE WITH THE DOCUMENTATION.

8.2. THE SERVICE(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.

8.3. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE ACCESS TO THE SERVICE(S), WHICH IS PROVIDED OVER INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE OR THAT IT WILL BE SUITABLE FOR OR MEET YOUR REQUIREMENTS.

  1. Changes to the privacy policy

If you have any questions with regards to information contained in this page please write to us at office@enkispace.com

We reserve the right to periodically update and change this privacy policy, without prior notice. “Terms and Conditions” entirely constitutes an end to end agreement concluded between you and Enki Space with regards to the use of the enkispace.com website. It is your own responsibility to check this page each time you visit Enki Space  website to acknowledge any changes made. Continued use of this website after review represents your agreement and consent regarding the changes.

Observation

Any individual has the right to oppose, for legitimate reasons, to the processing of data concerning them. This right of opposition cannot be excluded for certain processing provided by law (e.g. Processing done by financial and fiscal services, by police, justice, social security). Therefore, this mention cannot be included if the processing is mandatory.

Any individual also has the right to oppose, free of charge and with no justification, to their personal data being processed in direct marketing purposes.

 

  1. MISCELLANEOUS

10.1. Entire Agreement and Revisions: These Terms, including all schedules and online policies incorporated herein by reference, contains the entire agreement and understanding of the Parties and supersedes all prior communications, discussions, negotiations, proposed agreements, and all other agreements between them, whether written or oral, concerning the subject matter herein. These Terms may be amended only by a written agreement of the parties and signed by the duly authorized agents of the parties.

10.2. Relationship of the Parties: The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship among the Parties.

 

10.3. Force Majeure: Notwithstanding anything to the contrary contained elsewhere, We shall not be liable for unavailability of the Service(s) caused by circumstances beyond Our reasonable control, such as but not limited to, acts of God, acts of government, pandemic, epidemic acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet, unauthorized loss, distribution or dissemination of Service Data), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.

10.4. Governing Law and Dispute Resolution: These Terms shall be governed by the laws of UE and Romania. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts in UE and Romania. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be first settled by arbitration in UE and Romania, before a single arbitrator which shall be mutually appointed by both the parties.

10.5. Publicity Rights: You hereby grant Us a royalty-free, worldwide, transferable license to use Your trademark or logo to identify You as Our customer on Our websites and/or marketing collateral.

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