End User Policy

This end user policy (the “End User Policy”) governs your use of Enigma’s services and platforms, including related hardware, software, websites, and portals.

By accessing or using Enigma’s services, you acknowledge and agree to the terms of this End User Policy. It is intended to protect the rights of all users, ensure responsible usage, and support the secure and reliable operation of our systems. This End User Policy may be updated from time to time and applies in addition to Enigma’s Standard Terms.

Any reference to Enigma services or product shall also include Third-Party Licences or any affiliated connections or networks, as appropriate. Any capitalised terms not otherwise defined herein, shall have the meanings ascribed to them in the Standard Terms.

Except where expressly stated otherwise, this End User Policy is subject to and governed by Enigma’s Standard Terms. In the event this document is silent on any matter, the relevant provisions of the Standard Terms shall apply and shall govern that subject matter accordingly.

1) GENERAL

1.1) 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.

1.2) To use Enigma’s products, users must set up accounts. Users are solely responsible for all usage or activity on their account, including 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.

1.3) It is a user’s responsibility to maintain the security of their account and to ensure restricted access to it. Users must not share their password or account access information with any other person in any capacity over any timeframe, and they hereby accept responsibility for all activities that occur under their account or password, whether authorised by them 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.

1.4) You (and any associates or affiliates) use our Services at your own risk. Notwithstanding that Enigma 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, 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.

1.5) If you wish to end your licence from us, you can do so at any time by entirely uninstalling our software, deactivating our hardware, and ceasing use of our Services. Your licence will be suspended and then terminated at a time in accordance with the Standard Terms.

2) USE OF THE SERVICES

2.1) By clicking on the “Agree” (or similar button or checkbox) that is presented to you at the time of placing an Order, accessing our user portal, installing software, or by using or accessing the Services, you confirm you are bound by these Standard Terms.

2.2) If you are a minor (under the age of 16), you must have parental consent to use our Services, and furthermore be the owner/approved administrator of the device/platform on which you install and/or use our Services in any way.

3) REFUNDS AND CANCELLATIONS

3.1) Within thirty (30) days of a Sales Form being executed, irrespective of any legal rights, Enigma’s direct customers may cancel their order for Goods or Services (in whole or in part) 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:

  1. Any such Service has been ceased;
  2. Any returned Goods have been received in accordance with this End User Policy’s clause 3.2 below.

3.2) Enigma’s return procedures for the Client are:

A) 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 (or designated partner) in a satisfactory state;
  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).

B) In the event that the goods are not properly returned in accordance with the above, Enigma 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).

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

D) All fees and expenses are non-refundable, except as otherwise provided in these Standard Terms. For any purchases made through a reseller, any refunds payable relating to that purchase will be remitted by that reseller.

4) SUBSCRIPTIONS

4.1) Enigma products often 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. In order to ensure continuous service, unless agreed to the contrary, subscriptions will automatically renew; 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.

4.2) 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.

5) DISTRIBUTORS AND RESELLERS

5.1) All subscriptions and purchases made via a third party (including 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.

5.2) Enigma 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.

5.3) Services – Subscriptions:

  1. Subject to conditions set out in a Sales Form, you are within your rights to cancel our services at any time; you can cancel a recurring subscription from your Enigma account, or via a Reseller. Any paid for subscription then cancelled will not be refunded for the unused element of the ongoing service period;
  2. You will be charged the subscription fee and the duration, as agreed when you subscribed to use the applicable Services, or the relevant fee on renewal of your subscription;
  3. At the end of term, unless terminated by Enigma in writing, subscriptions will be renewed automatically on the same basis (monthly or annually) 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;
  4. In the event of your early termination, Enigma shall be authorised to charge your payment details for any minimum subscription period as yet unpaid, any hardware or delivery costs incurred;.
  5. You may increase your subscription’s scope by placing a new Sales Form or modifying (by mutual agreement with Enigma) an existing Sales Form. Unless otherwise specified in the applicable Sales Form, we will charge you for any increased scope of use at the current rates (prorated for the remainder of the then-current term of subscription).

6) WARRANTY DISCLAIMERS

6.1) If you purchase Services, Goods or hardware from us, including any routers, and:

  1. You are a consumer in the United Kingdom (for example, you are not a corporate), you will have all of the rights afforded to you under the Consumer Rights Act 2015 and no other rights;
  2. You are a corporate customer, you should undertake your own due diligence to ensure goods are fit for purpose, are of satisfactory quality and are as described.

6.2) Whilst we will use our reasonable endeavours to provide the software and services to you pursuant to these Standard Terms, due to circumstances outside of our control, they are provided as and when they are available, with no warranty of any kind (including support by us). You agree that to the fullest extent allowable by law, your use of our services shall be solely at your own risk and responsibility. We, our licensors, officers, directors, employers, shareholders and agents disclaim any liability to the fullest extent allowable by law. Whilst we will use our reasonable endeavours to provide the software and services to you pursuant to these Standard Terms, due to circumstances outside of our control, we do not claim that our software or services:

  1. Will be free from errors, defects, or otherwise free from any interruptions or other failures
  2. Will meet your needs at all times
  3. Should and material errors be encountered, such will be fixed immediately.

6.3) We make no representations about the accuracy or completeness of the content (including any user content) or to any third-party sites, applications, content, any part of component of either, and assume no liability or responsibility for such content. Whilst we shall use our reasonable endeavours to provide the software and services to you pursuant to these Standard Terms, due to circumstances outside of our control, we disclaim all warranties for any:

  1. Problems or availability of internet connectivity or server networks
  2. Errors, mistakes or inaccuracies in content
  3. Any unauthorised access to your device or use of our secure servers or any and all personal information and financial information stored within
  4. Property damage, or any nature whatsoever, resulting from your access to and use of the services or any third-party site
  5. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the services
  6. Any interruption or cessation or transmission regarding the services caused by any bugs, viruses, trojan horses, or other malicious code which may be transmitted to or through the services
  7. Any user content

6.4) We do not guarantee or assume responsibility for any product or service advertised of offered by a third party through the services or linked website or featured in any banner or other advertising and will not be party to any transaction or other engagement with such advertising or in any way be responsible for monitoring any transaction between you and the third-party providers or products or services. You assume all risk as to the quality, function, and performance of the service, and to all transactions you undertake through the services.

6.5) Enigma shall use our reasonable endeavours to provide the Software and Services to you pursuant to these Standard Terms and in accordance with the warrants as detailed in the General terms, which are provided “as is”.

6.6) Enigma makes no other warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title or non-infringement.

6.7) Enigma does not warrant that your use of the Software and/or Services will be uninterrupted, error-free or will meet your needs. 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.

6.8) We make no representation about the accuracy or completeness of the content (including any user content) or to any third-party sites, applications, content, any part of component of either, and assume no liability or responsibility for such content.

6.9) With respect to faults or problems:

  1. 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;
  2. If you are unable to resolve your fault or problem through either of these routes, please inform Enigma 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:
  3. 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.

7) INDEMNIFICATION

7.1) At your own expense, you hereby agree to indemnify, defend and hold Enigma, our subsidiaries, parent corporation and affiliates, partners, sponsors and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licences, and suppliers, harmless from and against any and all responsibilities, liabilities, Consequential Loss, damages, expenses, and costs (including reasonable legal fees), incurred by Enigma or any of the aforementioned parties in connection with any claim arising from your use of the websites, user portals, or Services, any use or alleged use of your account or your password by any person, whether or not authorised by you, your violation or breach of this End User Policy or your violation of the rights of any other person or entity.

8) GENERAL

8.1) 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.

8.2) 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 is at any time threatening or rude, we reserve the right to immediately terminate your user account.

9) APPLICATION PLATFORM TERMS – APPLE, INC.

9.1) 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, 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.

10) THIRD PARTIES

10.1) Users may choose to use our Services with third-party platforms, apps, add-ons, services or products (“Third-Party Products”). Using such Third-Party Products with our Services may require access to user data and other data by that 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 these Standard Terms. Enigma does not control and has no liability for Third-Party Products.

10.2) 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.

11) COMPLIANCE WITH LAW & EXPORT CONTROLS

11.1) Our Goods and Services, including any Third-Pary Licences, are intended for use only in full compliance with all laws that apply, and solely to be used by you in accordance with all such applicable laws. Without derogating from the foregoing, and from any other terms herein or in the Standard Terms, you agree to comply with all applicable laws, restrictions, and regulations, including those export related, and agree that you will not export, or allow the export or re-export of the Goods and Services, including any Third-Pary Licences, in violation of any such restrictions, laws or regulations.

11.2) You represent that your entry into these Standard Terms does not breach any contracts, duties, laws, regulations, or rights, and that you will comply with all laws applicable to you in performance of your obligations or in the exercise of rights herein.

12) NOTIFICATIONS

12.1) We may be legally required to notify you of certain events. You hereby consent and acknowledge that such notices will be effectual upon our posting them on the websites, user portals, through the Services, or on deliverance to you via email. We cannot be held liable if you fail to update your contact information and therefore are not notified of these events.

12.2) If you are a resident of the State of California, U.S.A., you may have this information emailed to you by contacting us and providing us with your email address and a request for this information.