Terms of Service

Last updated: November 23, 2024

These Terms of Service ("Terms") govern your access to and use of the website at www.enterwise.ai and our related products and services (collectively, the "Services") provided by Enterwise ("Enterwise", "we", "us", or "our").

Pre-Incorporation Notice:

Enterwise is currently operated as a pre-incorporation project during early development and private beta. A formal legal entity will be established prior to commercial billing, contracted use, or enterprise onboarding.

These policies are provided for transparency and to establish expectations during this phase. Terms, governance, and legal ownership may be updated upon incorporation. Continued use of the Services after such updates will constitute acceptance of the revised documentation.

Enterwise does not currently engage in paid subscriptions or contractual agreements until incorporation is completed.

By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you confirm you have authority to bind that organization, and "you" refers to both you and the organization.

If you do not agree to these Terms, do not use the Services.

1. Eligibility and account registration

  • You must be legally able to form a binding contract to use the Services.
  • You must provide accurate and complete information when creating an account.
  • You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
  • You must promptly notify us at legal@enterwise.ai of any unauthorized use or security breach.

2. Private beta status

  • Enterwise is currently in private beta. Features, performance, and availability may change without notice.
  • The Services are provided "as is" during beta, with no guarantees of uptime or feature stability.
  • We may grant or revoke access at our discretion, including limiting access to certain organizations or use cases.
  • Feedback you provide may be used to improve the Services without obligation to you.

3. Use of the Services

You agree to use the Services only in compliance with these Terms and applicable laws.

You must not:

  • Use the Services for illegal, harmful, fraudulent, or abusive purposes
  • Attempt to gain unauthorized access to systems or data
  • Interfere with or disrupt the integrity or performance of the Services
  • Reverse engineer, decompile, or attempt to extract source code (except where permitted by law)
  • Use the Services to create or distribute malicious content, spam, or harmful code
  • Misrepresent your identity or affiliation

We may investigate violations and suspend or terminate access where necessary.

4. Customer data and content

"Customer Data" means any data, content, or materials that you or your organization submit, upload, or generate through the Services, including:

  • Meeting notes, transcripts, and recordings
  • Requirements, diagrams, models, and documentation
  • Attachments, files, and metadata
  • AI prompts and outputs associated with your workspace

You retain all rights to your Customer Data, subject to the licenses below.

You are responsible for:

  • The accuracy, quality, and legality of Customer Data
  • Ensuring you have all necessary rights and permissions to use Customer Data with the Services
  • Configuring access controls within your organization

5. License to provide the Services

You grant Enterwise a limited, non-exclusive, worldwide, royalty-free license to host, process, transmit, and display Customer Data solely for the purpose of:

  • Providing, maintaining, and improving the Services
  • Preventing or addressing technical or security issues
  • As otherwise permitted or required by law

Where we use third-party service providers (such as hosting providers or AI model providers), they act as processors on our behalf under appropriate contractual safeguards.

6. AI-generated outputs

The Services may generate outputs using AI models based on your inputs and Customer Data ("Outputs").

Subject to these Terms and applicable law, you may use Outputs for your internal business purposes.

Outputs may not be unique, and similar outputs may be produced for other users.

You are responsible for reviewing and validating Outputs before relying on them.

No warranty:

Outputs may be incomplete, inaccurate, or inappropriate. You should not rely on them without human review, particularly for high-risk decisions.

7. Intellectual property

Except for Customer Data and Outputs as described above:

  • All rights, title, and interest in and to the Services, including software, design, text, graphics, and related intellectual property, are owned by Enterwise or its licensors.
  • These Terms do not grant you any ownership rights in the Services.
  • You may not remove or alter any copyright, trademark, or other proprietary notices.

8. Third-party services

The Services may integrate with or depend on third-party services (e.g., cloud hosting, identity providers, AI model APIs).

Your use of third-party services may be subject to their own terms and privacy policies.

Enterwise is not responsible for third-party services we do not control.

9. Fees and payment (if applicable)

During private beta, some or all of the Services may be provided without charge, or under separate commercial agreements.

If we charge fees:

  • Pricing and plan details will be presented on our website or agreed separately.
  • You agree to pay applicable fees and taxes according to the chosen plan and billing cycle.
  • We may modify pricing with reasonable notice, subject to applicable law.
  • If you fail to pay fees when due, we may suspend or restrict your access to the Services.

10. Term and termination

These Terms remain in effect while you use the Services.

We may suspend or terminate your access if:

  • You materially breach these Terms
  • You use the Services in a way that causes risk or harm
  • We discontinue the Services, in whole or in part

You may stop using the Services at any time. Your organization may also deactivate or delete your account.

Upon termination:

  • Your right to access the Services ceases
  • We may retain or delete Customer Data in accordance with our Privacy Policy and internal retention practices
  • Some obligations (e.g., payment, confidentiality, and limitations of liability) will survive termination

If you need assistance exporting or deleting data, contact legal@enterwise.ai or privacy@enterwise.ai.

11. Confidentiality

Each party may have access to non-public information of the other ("Confidential Information").

You and we agree to:

  • Use Confidential Information only as necessary to perform obligations under these Terms
  • Protect it with reasonable care
  • Not disclose it to third parties except to service providers under similar confidentiality obligations or as required by law

Customer Data is treated as your Confidential Information.

12. Disclaimers

To the maximum extent allowed by law, the Services are provided "as is" and "as available", especially during private beta.

We do not warrant that:

  • The Services will be error-free, uninterrupted, or completely secure
  • Outputs will be accurate, complete, or suitable for any particular purpose
  • The Services will meet your specific requirements

Use of the Services and reliance on Outputs is at your own risk.

13. Limitation of liability

To the maximum extent permitted by law:

Enterwise will not be liable for any indirect, incidental, consequential, special, or punitive damages, or loss of profits, data, or goodwill, arising from or related to your use of (or inability to use) the Services.

Enterwise's total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of:

  • The amounts you paid to us for the Services in the 3 months prior to the event giving rise to the claim, or
  • €100 (if no fees were paid).

These limitations apply whether the claim is based on warranty, contract, tort, or any other legal theory, even if we have been informed of the possibility of such damages.

Some jurisdictions do not allow certain limitations; in those cases, these limitations apply to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify and hold harmless Enterwise and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

  • Your use of the Services
  • Your breach of these Terms
  • Any Customer Data or Outputs you use or provide to others

15. Governing law and disputes

These Terms are governed by the laws of The Netherlands, without regard to conflict of law principles.

Any disputes arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the courts located in The Netherlands, unless applicable law requires otherwise.

You and Enterwise agree to submit to the personal jurisdiction of those courts.

16. Changes to the Services and Terms

We may modify the Services or these Terms from time to time.

When we make material changes to the Terms, we will:

  • Update the "Last updated" date at the top, and
  • Provide notice within the Services or by email, where appropriate.

Your continued use of the Services after changes become effective constitutes your acceptance of the updated Terms.

17. Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

These Terms constitute the entire agreement between you and Enterwise regarding the Services and supersede any prior agreements on the same subject.

18. Contact

For questions about these Terms, please contact:

legal@enterwise.ai

For privacy and data protection questions, please contact:

privacy@enterwise.ai