Enter Application

Terms & Conditions

This agreement (the “agreement”) is made by and between the Customer identified on the signature page hereof (“you”) and Enter, LLC (“we”) concerning Your use of our Enter iOS application and associated web and/or mobile application(s) (collectively the “Service”). This agreement is effective as of the date last executed below.

  1. License Fees. You agree to pay the fees for your subscription in advance at the intervals agreed upon by you and us, and authorize us and our third-party service provider (as applicable) to charge fees to any credit or other account you have on file consistent with the terms of your subscription. Unless separately agreed to in writing by you and our authorized representative, all payments are final and there are no refunds.
  2. License to Use Service. Provided you have paid all fees required hereunder and are in compliance with this agreement, we hereby grant you a limited, non-exclusive, non-transferable license to access and use the Service and view the data and information provided through the Service. You may not transfer, resell, or sublicense this limited right to any third party. The Service and its features and benefits are not transferable, whether by operation of law or otherwise, without our prior written permission. Your initial monthly subscription fee is based on the current price on the website.
  3. Ownership of the Service. You acknowledge and agree that we (and/or our licensors), own all right, title, and interest in and to the Service, including all intellectual property rights associated with the Service and any information, data or material generated or created by the Service. Except for the limited license expressly stated above, you have no intellectual property rights in the Service and we reserve all rights not expressly granted to you. If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, e-mail, telephone, or otherwise suggesting or recommending changes to the Service (collectively, “Feedback”), including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and you hereby assign and transfer all right, title, and interest in and to such Feedback to us, without any attribution or compensation to you. You understand and agree that we are not, however, obligated to use, display, reproduce, or distribute any such Feedback.
  4. Rules. You also agree that you will not use the Service to engage in any unlawful activity or in any inappropriate manner. You will not harass, threaten or defame any other party or violate any personal, privacy, property or intellectual property rights. You will not: (a) introduce any viruses or other harmful, disruptive or destructive files, and you will not disrupt or interfere with another user’s use or enjoyment of the Service; (b) disrupt or interfere with the security of, or otherwise abuse, the Service; (c) attempt to obtain unauthorized access to the Service; (d) forge header or address information or otherwise impersonate another or create a false identity; (e) extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation email addresses, from the Service. You will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection and email creation and delivery.
  5. Use of Data. You hereby grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual and fully transferable license to collect, access, disclose, store, analyze, and use any data collected by the Service for purposes of providing you the Service, analyzing and reporting trends, improving the Service, including creating new features and modeling, and for such other purposes that we may determine in our reasonable discretion, provided that we will only disclose the personally identifying information of users consisted with the terms of the Privacy Policy applicable to the Service (privacy policy).
  6. Changes. We reserve the right to update, amend, change, delete, or modify the Service (or any part thereof) and its features, costs, design, and structure (collectively, “Changes”) at any time without notice, except that we will notify you of any Changes in pricing. We may impose limits on certain features or restrict access to part or all of the Service without notice or liability to you, and we may add additional features to the Service that require payment of additional fees.
  7. Account. You will be required to create an administrator account (“Account”) by providing an administrator user name and password. The user name and password are to be treated as confidential and should not be shared or disclosed to any third parties. You are solely responsible for any use of the user name and password to access your Account, whether or not authorized. You are responsible for notifying us of any address or email changes or errors in your Account information.
  8. Term & Termination. The Service is provided for a period of one month from the date the Service account is registered (the “Term”). The Term automatically renews for successive one-month periods, unless you cancel in writing before the end of the then-current Term. We may, in our sole discretion, terminate or suspend your Account and access to the Service upon written notice if you breach this agreement, including failure to pay any sum due within ten (10) days of written notice. We may also terminate the Service for convenience upon thirty (30) days prior written notice to you. Upon termination, you will have no further right or access to the Service or the data or other information provided by the Service. Upon termination of your Account, data may be deleted or retained in our discretion. The following sections and any claim for unpaid fees will survive any termination or expiration of this Agreement or the Service: 3, 5, 9, 10, 11, and 12.
  9. DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
  10. LIMITATION OF LIABILITY. EXCEPT FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WE WILL NOT BE LIABLE TO YOU (OR ANY THIRD PARTY) FOR INDIRECT, INCIDENTAL, SPECIAL, EXTRAORDINARY, OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUE OR PROFITS, SAVINGS OR DATA, OR FOR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO OR ARISING OUT OF THE SERVICE AND/OR THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE FEES YOU PAID FOR THE SERVICE DURING THE ONE (1) YEAR PERIOD PRIOR TO THE FILING OF THE CLAIM(S).
  11. Indemnification. You will defend, indemnify, and hold us harmless from and against any and all claims, actions, liabilities, losses, damages, settlements, judgments, arbitration awards, costs, and expenses, including without limitation, attorneys’ fees and expenses (collectively, “Claims”) resulting from, arising out of or relating to your use of the Service. We will promptly notify you in writing of any such Claim and will allow you to control, and will reasonably cooperate with you in, the defense and all related settlement negotiations; provided, however, that we may participate in such defense and negotiations through counsel of our own choosing. You will reimburse us for all expenses incurred through such cooperation. No settlement of any Claim may be made by you without our prior written consent, which shall not be unreasonably withheld or delayed.
  12. Miscellaneous. This agreement constitutes the full and complete understanding between you and us as to the subject matter hereof and may not be altered or modified without the express written agreement of our authorized officer. This agreement shall be construed and governed in accordance with the laws of the Commonwealth of Massachusetts for contracts entered into and performed within the Commonwealth, excluding the application of its conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. The parties agree that the exclusive venue and jurisdiction for any dispute arising under or relating to the Services and/or this agreement shall be a court of competent jurisdiction located in Suffolk County, Massachusetts, and each party hereby expressly consents to the personal jurisdiction of said courts and waives any objection to such jurisdiction based on forum non conveniens. If any provision of this agreement is found void or unenforceable, such provision shall be modified to the minimum extent necessary to render it enforceable, or if incapable of such modification, shall be severed herefrom, an it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms.