Effective Date: January 1, 2025
These Terms of Service (the "Terms") govern access to and use of Enablism's AI-powered value enablement platform, calculators, assessments, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.
Enablism provides an AI-first value enablement platform designed for go-to-market and customer success teams to frame, quantify, and communicate business value. The Services may include interactive benefit and ROI calculators, value assessments, AI-powered content and business case generation, integrations with CRM and CMS systems, analytics dashboards, and collaboration tools. We may enhance, modify, or discontinue features from time to time, provided such changes do not materially degrade the core functionality of the Services purchased by you during your subscription term.
You must be at least 18 years old and legally capable of entering into contracts to use the Services. If you access or use the Services on behalf of a company or other legal entity ("Customer"), you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "Customer" will refer to that entity.
To use certain features of the Services, you may need to create an account. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us promptly at hello@enablism.com of any actual or suspected unauthorized use of your account or any other security incident.
Subject to these Terms and payment of applicable fees, Enablism grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during the subscription term for Customer's internal business purposes only.
You agree not to (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, disassemble, or attempt to derive source code from the Services except to the extent expressly permitted by applicable law; (c) circumvent or attempt to circumvent any security or access control mechanism of the Services; (d) use the Services to develop a competing product or service; (e) resell, rent, lease, or otherwise make the Services available to any third party except as expressly authorized in writing by Enablism; or (f) use the Services to transmit or store unlawful, infringing, defamatory, or harmful content.
You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including privacy, anti-spam, and export control laws in the jurisdictions where you and your users operate.
The Services include AI-powered features that can analyze inputs such as structured data, calculator assumptions, notes, and call transcripts to generate suggested value narratives, calculators, business cases, and other outputs ("AI Outputs"). AI Outputs are generated automatically based on patterns in the data provided to or processed by the Services and may not always be accurate, complete, or appropriate for your specific use case.
You remain solely responsible for reviewing, validating, and approving any AI Outputs before relying on them, presenting them to customers, or using them for business decisions. Enablism does not provide legal, financial, or other professional advice through the AI Outputs, and you should not treat them as such.
While Enablism treats all AI-related inputs (including call transcripts and customer data) as confidential and processes them in accordance with our Privacy Policy and data security commitments, the AI features are provided on an "as-is" basis. To the fullest extent permitted by law, Enablism disclaims all warranties, express or implied, related to AI Outputs, and is not liable for any decisions made or actions taken in reliance on such outputs.
We may update, improve, suspend, or discontinue specific AI capabilities from time to time, provided such changes do not materially degrade the core functionality of the Services you have purchased.
Customer retains all right, title, and interest in and to any data, content, calculator models, assumptions, reports, call transcripts, and other materials that Customer or its users upload to or generate within the Services ("Customer Content"). Between the parties, Enablism claims no ownership rights in Customer Content.
Customer grants Enablism a worldwide, non-exclusive, royalty-free license to host, store, process, and display Customer Content solely as necessary to provide, maintain, secure, and improve the Services, including for internal analytics and quality assurance. Where we use aggregated and anonymized data derived from Customer Content to improve our models and platform, such data will not identify Customer, its users, or its customers.
All software, platform components, documentation, templates, algorithms, and other materials provided by Enablism ("Enablism Materials") are and remain the exclusive property of Enablism and its licensors. Except for the limited rights expressly granted in these Terms, no other rights (including intellectual property rights) are granted to Customer, whether by implication, estoppel, or otherwise.
Access to the Services may require payment of subscription, usage, or implementation fees as set out in an order form, proposal, or online subscription flow (each, an "Order"). Unless otherwise stated in an Order, fees are billed in advance, are non-cancellable and non-refundable, and are payable in the currency specified in the Order.
If any amount is not received by the due date, we may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend access to the Services until all outstanding amounts are paid. Customer is responsible for any applicable sales, use, value-added, or similar taxes (excluding taxes based on Enablism's net income).
The Services may enable connections or integrations with third-party products and services, such as CRM, marketing automation, collaboration, or data enrichment tools ("Third-Party Services"). Customer's use of Third-Party Services is governed by the terms and privacy policies of those third parties, not these Terms.
Enablism is not responsible for the availability, performance, security, or content of Third-Party Services, and does not control how they handle your data. Customer is responsible for reviewing and accepting the applicable third-party terms before enabling any integration.
Each party (the "Receiving Party") may receive confidential or proprietary information from the other party (the "Disclosing Party") in connection with the Services, including technical, business, financial, and product information, as well as Customer Content that is not publicly available ("Confidential Information").
The Receiving Party will use the Disclosing Party's Confidential Information only for the purpose of performing its obligations or exercising its rights under these Terms, and will protect such information with at least the same degree of care it uses to protect its own confidential information of a similar nature, and in no event with less than reasonable care.
Confidential Information does not include information that (a) is or becomes publicly available through no fault of the Receiving Party; (b) was lawfully known to the Receiving Party before disclosure; (c) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information; or (d) is rightfully received from a third party without restriction. The Receiving Party may disclose Confidential Information if required by law, regulation, or court order, provided it (where legally permitted) gives the Disclosing Party prompt notice and cooperates in any effort to limit or challenge the disclosure.
Enablism, as a Canadian corporation serving global clients, processes personal data in accordance with applicable privacy laws, including Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), the EU General Data Protection Regulation (GDPR) where applicable, and other relevant regulations, as further described in our Privacy Policy.
By using the Services, Customer represents that it has provided all necessary notices and obtained all required consents and rights to provide personal data to Enablism for processing in accordance with these Terms and the Privacy Policy.
We will use commercially reasonable efforts to make the Services available, subject to planned maintenance windows, emergency maintenance, and events beyond our reasonable control (such as outages affecting cloud infrastructure providers or internet connectivity). Any support services will be provided in accordance with the support description in your Order or other written agreement, if applicable.
We may modify the Services from time to time to improve performance, add features, address security issues, or comply with law. We will not materially reduce the core functionality of the Services you have purchased during your current subscription term without providing reasonable notice and, where appropriate, options to mitigate impact.
THE SERVICES AND ANY RELATED DOCUMENTATION, INSIGHTS, OR AI OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, ENABLISM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THEY WILL MEET YOUR REQUIREMENTS OR PRODUCE SPECIFIC BUSINESS RESULTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENABLISM'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO ENABLISM FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENABLISM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Customer agrees to indemnify, defend, and hold harmless Enablism, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) Customer's or its users' use of the Services in violation of these Terms or applicable law; (b) Customer Content, including any allegation that Customer Content infringes or misappropriates a third party's rights; or (c) any misuse of AI Outputs or reliance on them without appropriate review and validation.
These Terms apply for as long as Customer has an active subscription or otherwise uses the Services. Either party may terminate an Order or these Terms for material breach by the other party that remains uncured thirty (30) days after written notice describing the breach.
Enablism may suspend or restrict access to the Services immediately if (a) Customer fails to pay fees when due; (b) Enablism reasonably believes Customer's use of the Services poses a security risk, violates these Terms, or could subject Enablism or any third party to liability; or (c) suspension is required by law or a governmental authority.
Upon termination or expiration of the Services, Customer's right to access and use the Services will cease. Upon written request within thirty (30) days after termination, we will provide Customer with a copy of its exportable Customer Content in a reasonable format. We may delete or anonymize Customer Content thereafter, subject to any legal obligations to retain certain data. Sections that by their nature should survive (including fees, confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, and governing law) will survive termination.
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in British Columbia, Canada, and each party irrevocably submits to such jurisdiction, except where applicable law requires a different venue for certain customers (such as consumers in specific jurisdictions).
We may update these Terms from time to time to reflect changes to the Services, legal requirements, or business needs. If we make material changes, we will provide notice through the Services, by email, or both. The "Effective Date" at the top of this page shows when these Terms were last updated.
Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.
These Terms, together with any applicable Orders and our Privacy Policy, constitute the entire agreement between Customer and Enablism regarding the Services and supersede all prior or contemporaneous agreements and understandings, whether written or oral, relating to their subject matter.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Neither party's failure to enforce any right or provision shall be deemed a waiver of such right or provision. Customer may not assign or transfer these Terms or any rights or obligations hereunder without Enablism's prior written consent, and any attempted assignment in violation of this restriction will be void. Enablism may assign these Terms freely in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Nothing in these Terms creates a partnership, joint venture, or agency relationship between the parties. There are no third-party beneficiaries to these Terms.