These General Terms of Service, together with associated supplemental policies and agreements (including but not limited to our End User Licence Agreement, DMCA Policy, Privacy Policy), (collectively “Terms”) set out a legally binding agreement (the “Agreement“) between you and Enigma Incorporated Ltd, a company incorporated in England and Wales with number 12515127 and its subsidiary, Enigma US Ltd, a company formed in Nevada, United States of America (together, “ENIGMA NET” OR “US“, OR “OUR” OR “WE“).

This Agreement governs the terms relating to your use and experience of our websites, customer support, interactive areas, user content areas, products,  software, applications, features, content and other services (collectively, the “Services”). These Terms also relate to sales of products, services and hardware by us including but not limited to any routers or networking equipment. These Terms are supplemental to, any third party or supplemental agreement(s) which you may enter into from time to time.

Please note that these Terms constitute a binding legal agreement between you and Enigma NET. By visiting our websites, installing, and/or using the Services, you acknowledge that you have read the Terms, understand them, and agree to be bound by these Terms. If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and acknowledging that you have the authority to act on behalf of that organisation and commit to these Terms on behalf of that organisation. If you do not agree with these Terms or any provisions hereof, we ask that you please do not sign up to our network, install our products, nor use our Services.

UPDATES

We may at any time update, change, add, modify, or delete these Terms upon reasonable notice in the light of changing circumstances. The most recent version applies to your use of the Services. If the changes affect your rights or obligations, we will notify you in advance by reasonable means, which may include notification through client applications, the website or email. Unless it is otherwise stated by us, each update of the Terms comes into force as soon as the amended Terms are published on our website. You hereby understand and agree that any continued use of the Services following any updates to these Terms, means that you voluntarily agree to be bound by the updated Terms.

PRIVACY

We take the protection of your privacy and data very seriously. If you would like to know more about our data collection and usage practices, please see our Privacy Policy.

SERVICES

Our websites (including the material and information on it), and our Services are protected by copyright, database rights and other intellectual property rights.  Any link from our websites direct to any other site or otherwise is merely provided for convenience only.  We have not reviewed, and have no control over, and are not responsible for, the content or availability of any other site.

To use any of our Services, users must set up an account. You are solely responsible for all usage or activity on your account, including, but not limited to, use of the account by any person, with or without authorisation, who has access to any computer or device on which your account is accessible.

It is your responsibility to maintain the security of your account and to restrict access to it. You must not share your password or account access information with any other person in any capacity over any timeframe, and you hereby accept responsibility for all activities that occur under your account or password, whether authorised by you or not. You agree to notify us immediately of any unauthorised use of your account, username, or password – this can be done by contacting our support team.

You (and any associates or affiliates) use our Services at your own risk. Notwithstanding that Enigma NET will use its reasonable endeavours to maintain the provision of the Services, the Services may be at any time updated, modified, interrupted, or suspended without notice. To the extent permitted by law, we do not bear any liability for any consequences to you caused by this. Enigma NET, its owners, agents, employees, and others that are involved with the Services are not in any way responsible or liable consequence resulting from or arising through or from modification, interruption, suspension, or the use of any account registered with the Services.

BASIS OF THE SALE

Enigma NET will sell and the customer (“you”, and the “Customer”) will purchase the Products and Services in accordance with any written quotation, electronic citation, agreement or similar of Enigma NET, or any written order of the Customer which we accept under these Terms.

Any typographical, clerical or other error or omission in any sales literature, price list, quotation, acceptance of offer, invoice or other document or information issued by Enigma NET shall be subject to correction without any liability on the part of Enigma NET.

PRICE AND PAYMENT TERMS

All prices are subject to change; this includes recurring subscription fees.  The price of the Services will be the price in force at the time of dispatch.  However, any pricing changes will be expressly communicated to you in advance.

Any and all fees charged do not include taxes (unless stated otherwise). However, we may calculate and add any taxes and/or additional fees, including, but not limited to shipping, sales tax, value added tax and other taxes or fees under laws applicable to you. Such taxes and fees will be calculated according to the billing information provided by you to Enigma NET at the time of purchase.

Unless otherwise agreed in writing, payment of all invoices will be made up front, in full, in the currency denomination as specified on the invoice and/or agreement.

Only basic payment information is processed by our third-party payment service and processing providers, whom we may use to manage payments and collection thereof. Before using these third-party services, we recommend that you read and understand their terms and conditions, and privacy policies of such services as applicable and make sure that you agree to their terms.

Payments made from gift cards will not be refunded.

Please note that we currently are not accepting payment in cryptocurrency.

SUBSCRIPTION

Our Services mostly operate on a paid subscription basis. In such circumstances, you choose your subscription period and enter your payment method when signing up for our Services. Your subscription will automatically renew with your chosen payment method being charged in respect of each period Service is provided, unless you choose to cancel your automatic payments before the end of the then-current subscription term.  Any updated payment details in your account will be viewed as the preferred method of payment.

Occasionally, we or others on our behalf may offer a free or discounted trial for our Services. The duration of this free or discounted trial and other details will be clarified at the point of sign-up. We retain sole discretion over your eligibility, and to the extent permitted by law we may change or withdraw a free trial at any time, with or without notice. You consent and agree that we will charge you automatically for our Services at the end of the free or discounted trial period and if you do not want to be charged, you must cancel the subscription before the end of the free or discounted trial. This can be done by contacting our support team, or alternatively, if you received a free or discounted trial from a third party or Reseller, you may also contact them.

REFUNDS AND CANCELLATIONS:

1. Initial Faults or Problems

If you experience any fault or problem with the products or services, please refer to our online support information for details of how to resolve common issues.  Additionally, if you have purchased from an authorised reseller, please contact them directly in the first instance.

If you are unable to resolve your fault or problem through either of these routes, please inform Enigma NET about the issues you are experiencing by contacting our support team through the end user portal on the support pages of our website, so as to enable us to help you.

As we seek your full satisfaction, we would like to troubleshoot any issues you may experience before you seek a cancellation and/or claim a refund. Some common configuration issues may hinder your service, and these may be easily fixed. Please contact our helpdesk support team.

2. Within 30 Days of Order

Irrespective of any of your or our legal rights, our direct customers may cancel their order for goods or services with us within 30 days of the date of any order by contacting our support team (of such period as may be extended by us in writing). Funds (to the amount paid for that Service, excluding delivery and associated costs) will be refunded to the direct customer on verification that any returned goods have been received in accordance with our Return Policy & Procedures (below).

3. Return Policy & Procedures

If you need to return goods or services, you must:

1. notify our support teams, from which we can then inform you as to where you should return the goods;
2. arrange for return shipment of all goods, such goods to be received by Enigma NET (or designated partner) in a satisfactory state; and
3. send back all items in their original condition and packaging with the proof of purchase to us (or our agents, as the case may be).

In the event that the goods are not properly returned in accordance with the above, Enigma NET shall be authorised to charge the purchaser’s payment details for the Equipment, the delivery costs incurred and the remaining subscription payments, plus any sales tax (where applicable).

A ‘satisfactory state’ means goods do not have damage resulting from improper use, accidents, unauthorized repairs, or conditions other than normal wear and tear.

All fees and expenses are non-refundable, except as otherwise provided in this Agreement.  For any purchases made through a Reseller, any refunds payable to the Customer relating to that purchase will be remitted by that Reseller, unless otherwise notified at the time of refund.

4. Via Resellers

All subscriptions and purchases made via a third party (including but not limited to the App Store, Google Play Store, Amazon or an authorised reseller (collectively, a “Reseller”) are subject to the Reseller’s terms of service, and in such instances you would have to contact the respective Reseller’s support should you wish to request a cancellation and/or refund for subscriptions and purchases bought through a Reseller.

Enigma NET cannot refund any subscriptions and purchases made from Reseller. In this instance, cancellations and/or refunds are handled according to the Reseller’s terms of service.

5. Services – Subscriptions

Subject to conditions in the contractual terms, you are within your rights to cancel our services at any time; you can cancel a recurring subscription from your Enigma NET account, or via a Reseller. Any paid for subscription then cancelled will not be refunded for the unused element of the ongoing service period.

You will be charged the subscription fee and the duration, as agreed when you subscribed to use the Software, the Services and the Sites or the relevant fee on renewal of your subscription.

At the end of term, subscriptions will be renewed automatically on a monthly basis at the current rate in advance until you ask us to terminate it. You may send this termination request to the support team or cancel your subscription from within your account.

In the event of your early termination, Enigma NET shall be authorised to charge the purchaser’s payment details for any minimum subscription period as yet unpaid, any hardware or delivery costs incurred, plus any sales tax (where applicable).

Customers may increase its Scope of Use by placing a new Order or modifying (by mutual agreement with Enigma NET) an existing Order.  Unless otherwise specified in the applicable Order, we will charge Customer for any increased scope of use at the current rates (prorated for the remainder of the then-current Subscription Term is required).

Enigma NET may suspend a Customer’s rights to use our Services or receive support if payment is overdue.

WARRANTY INFORMATION

Services purchased from us may have been manufactured by us or by a third party. Some third-party manufacturers will require you to complete and return a warranty card at the time of purchase. You should provide the manufacturer with the original proof of purchase consisting of the original invoice or sales slip indicating the date of purchase where needed.

Enigma NET has used all reasonable efforts designed to ensure that the Services, when and as provided by Enigma NET, are free of any viruses, malware or similar malicious code.  We warrant that our Services meet our assigned specifications that are in effect at the time of shipment; defects in hardware materials and workmanship, under normal use of the goods, will be covered for a period of twelve (12) months from the original date of purchase.  This warranty does not cover damage resulting from improper use, accidents, unauthorized repairs, or normal wear and tear.

To file a warranty claim, please contact our support team, providing reasonably detailed report of warranty claim and with your proof of purchase.  We will use reasonable efforts to investigate and correct the non-conformity, which may involve remote assistance by our technical support team.  Please note that you may be required to return the defective product to us at your cost for inspection in accordance with our returns policy.

If a defect arises from Enigma supplied hardware and a valid claim is received within the warranty period, we will replace the hardware with a new or refurbished product, or provide a refund at our discretion.  If there is no hardware fault found, Enigma reserves the right to seek compensation for inspection services and supply of replacement product.

If we detect a software fault and determine that to remedy such will be impracticable, either party may terminate the affected Subscription Term, and Enigma will then refund to the Customer any pre-paid, unused fees for the terminated portion of the Subscription Term.

Our liability under this warranty is limited to the repair or replacement of the defective product or a refund.  We will not be liable for any direct or indirect losses, expenses, incidental, or consequential damages arising from the use or misuse of our products or services.

This warranty applies only to the original purchaser of the product and is non-transferable.  This warranty will be void if the product or service has been altered, modified, damaged or repaired by anyone other than an authorized service provider, is caused by unsupported releases or update of software products or third party products, or is installed incorrectly.

The Customer warrants that it has not been induced to enter into the Agreement by any representation or by any warranty (whether oral, or in writing, or in any other form) except those expressly made part of the Agreement.  The Customer waives all claims for breach of any warranty and all claims for any misrepresentation.

Except as expressly provided in Enigma Agreements, the Products, Services, Support and Advisory Services, and all related Enigma services and deliverables are provided “as is”.  We make no other warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title or non-infringement.  We do not warrant that Customer’s use of the Products and Services will be uninterrupted or error-free.  We are not liable for delays, failures or problems inherent in use of the internet and electronic communications or other systems outside of our control.

Any disputes arising out of this warranty will be resolved through binding arbitration in accordance with the rules of an English court of competent jurisdiction and under the laws of England and Wales.

This warranty gives the Customer specific legal rights.  Customers who have purchased extended warranty or service levels may be subject to additional rights.  General Customers may also have other rights in accordance with state/country jurisdictions.

PROHIBITED AND RESTRICTED USES

The Customer will ensure that the specification of the Services ordered is suitable and safe for the intended use and environment of use.

The use of and access to our Services by you (and any associates or affiliates) is subject to these Terms, and moreover, all applicable laws and regulations, including those that relate to data protection and the transport, processing, export of data, software or technical information (regardless of whether tangible or intangible). We reserve the right to terminate the accounts of, and block access to the Services to any users who infringe any applicable laws or these Terms at any time and with or without notice.

You agree that you shall not:

• use, assist, encourage, or enable others to use the Services for any unlawful, illicit, illegal, criminal or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in email, scanning for open relays or open proxies, sending unsolicited email or any version or type of email sent in vast quantities even if the email is routed through third-party servers, any pop-up launching, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited and dual-use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, scraping in any form or scale, digital piracy and other similar activities
• assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer or node through our Services
• exploit children in any way, including audio, video, photography, digital content, etc.
• violate, infringe, or misappropriate other people’s intellectual property, privacy or other legal rights
• share anything that is illegal, abusive, harassing, or otherwise objectionable
• transmit any viruses or other computer instructions or technological means that disrupt, damage, or interfere with the use of computers or related systems
• attempt to circumvent any technological measure implemented by Enigma NET
• interfere with or disrupt the integrity or performance of the Service
• take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure
• sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way
• use any robot, spider, scraper, or other automated means to access our website or Services for any purpose without our prior written permission
• build a product using similar ideas, features, functions or graphics of the Service or copy any ideas, features, functions or graphics of the Services
• claim that you are the representative or agent of any of the Services, including any of its functionality
• threaten, stalk, harm, or harass others, or promote bigotry or discrimination
• attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining, brute force or any other means
• violate general ethic or moral norms, good customs and fair conduct norms
• use the Services for anything other than lawful purposes
• use the Services for any military purpose, including cyber warfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons

• otherwise infringe or circumvent these Terms

In the circumstances set out in these Terms and any related agreements, we reserve the right to suspend accounts, refuse service, or limit access to our Services at our discretion. Such actions could be implemented by us instantly and without any notice, indication, or refund. We may request you to explain your actions and provide additional information or suspend your account to investigate further. If your account has been suspended, you must contact us for further information.  No delay, neglect or failure on Enigma NET’s part to enforce any of these Terms will be, or be deemed to be, a waiver.

You access and use our Services on your own initiative, and you solely are responsible for your compliance with a jurisdiction’s laws and regulations. We reserve the right to limit in any way we see fit the availability of the Services or any part thereof, to any person, geographic area, jurisdiction, or entity, at any time.

You are not allowed to use our Services if you are a minor (without parental consent), a business competitor of ours or our partners, if you are prohibited to access the Services, or if your account has been suspended or closed for any reason.

Any use of the Services by minors should only be done in full guidance and supervision and with the consent of their parents or guardians. We rely on parents and guardians to make sure minors only use the Services if they understand their rights and responsibilities as they relate to Enigma NET.

Consistent with law, Enigma NET does not knowingly collect personal data from minors without their parental consent. If we learn that we have accidentally obtained such information we will delete it promptly.

We encourage you notify us of any violation of these Terms by any of Enigma NET’s users; in such an instance, we may take appropriate action.

INDEMNIFICATION

At your own expense, you agree to indemnify, defend and hold harmless Enigma NET, its subsidiaries and affiliates, parents, and their officers, directors, employees, agents, partners, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable legal fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms and associated policies, your use of the Services, or any of your other acts or omissions.

ELECTRONIC COMMUNICATION

You hereby consent to receiving electronic communications from us, for example by email, application, etc. and acknowledge that such notifications fulfil any legal requirement for communication in writing. Furthermore, you agree that we may communicate with you to advise you of changes or additions to the Services, about any of our products or services, or for such other purposes that are reasonable or required by law.

When interfacing with our public facing support representatives, you agree to be kind and courteous. If we feel that your behaviour towards any of our support representatives or any other employee of Enigma NET is at any time threatening or rude, we reserve the right to immediately terminate your user account.

APPLICATION PLATFORM TERMS – APPLE, INC.

If you downloaded our applications from Apple, Inc.’s (“Apple”) App Store or if you are using the Services on an iOS device, you consent that you have read, understood, and agree to this notice in relation to Apple:

These Terms are concluded between you and Enigma NET, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance or support services for the Services to the extent that the Services fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (1) product liability claims; (2) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third -party beneficiary of these Terms. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government or U.K. Government embargo, or that has been designated by the U.S. Government or U.K. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government or U.K. Government list of prohibited or restricted parties.

THIRD PARTIES

Users may choose to use our Services with third-party platforms, apps, add-ons, services or products (“Third-Party Products”).  Use of such Third-Party Products with our Services may require access to user data and other data by the third-party provider to enable that Third-Party Product.  Use of Third-Party Products is subject to the relevant provider’s terms of use, not this Agreement.  Enigma NET does not control and has no liability for Third-Party Products.

Measures are taken to ensure that third party weblinks and products are correct at the time of our distribution, but you should understand that content can be subject to change. We do not control third parties and are not responsible for their products, your usage thereof, or their privacy policies.

HARDWARE

If you purchase any hardware from us, including but not limited to any routers, and you are a consumer in the United Kingdom, you will have all of the rights afforded to you under the Consumer Rights Act 2015 and no other rights.

If you are a corporate customer of any hardware from us, you should undertake your own due diligence to ensure goods are fit for purpose and are of satisfactory quality and are as described.

MISCELLANEOUS

We reserve the right to update, change, add, modify, or delete any of our terms and conditions of the Terms any part thereof at any time, including the availability of any features on reasonable notice and on reasonable grounds as the software and the Services evolve and change and as circumstances change. By continuing to use the software, the Services and the sites following any revision of their functionality or this Agreement you demonstrate your complete and binding acceptance of any and all such changes. If you do not consent to being bound by the amended Terms, you may not use or access (or continue to use or access) the software, the Services or the sites.

If you are a corporate body, the Terms are entered on the basis of the following representations and warranties:

• Each individual with whom we deal is fully empowered by you to agree to the Terms and all necessary action to authorise approval of the Terms has been taken
• Each individual with whom we deal on your behalf warrants that he/she has full authority, power and capacity to agree to the Terms and will take all necessary actions to enable you to lawfully agree to these Terms
• You are a company duly incorporated and in good standing under the relevant laws of its jurisdiction
• You will comply with all relevant laws, rules, regulations, decrees and other ordinances issued by any supra-governmental, governmental, state or other authority
• You are not a “consumer” and you will not claim any rights as a “consumer” under any relevant legislation

If you are a corporate body, no reliance should be placed on any representation made but not expressly contained in these Terms.

If you are a corporate body, the Terms and any associated contracts may be terminated by us without notice if we have reasonable grounds to believe that you are insolvent or have entered any arrangements with your creditors or if an administrative receiver is appointed over your business, property and/or assets.

If any part/provision of these Terms is found to be invalid, that provision will be eliminated or limited or to the minimum extent possible so that these terms will otherwise continue in full force and effect and be enforceable.

You may not assign these Terms, any rights under them, or delegate any obligations to be performed under these Terms without the prior written consent of Enigma NET. Enigma NET may assign its rights under these Terms to selected third parties without seeking your consent, including but not limited to cases of corporate reorganization, mergers, acquisitions, sales or transfers of all or substantially all of company assets.

These Terms shall be governed by the substantive laws of England, without regard to its choice of law provisions. You agree that the courts of general jurisdiction located in England will have exclusive jurisdiction over all disputes arising out of or relating in any way to these Terms or the Services.

For all purposes, the English language version of the Terms shall be the original, governing instrument and understanding between you and us. In the event of any conflict between this English language version of the Terms and any subsequent translation into any other language, the English language version shall govern and control.

Date of amendment:  14 November 2024