1. Introduction

Welcome to www.enJerneering.com. We are dedicated to providing cutting-edge Software-as-a-Service (SaaS) solutions, custom software development, AI and large language model integrations, website and product consulting, and educational resources through our enJerneering Learn articles. Our services are designed to accelerate your business's journey from concept to market.

These Terms of Service ("Terms") govern your use of the enJerneering website, software products, services, and associated content (collectively the "Services") provided by enJerneering Inc. ("enJerneering," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to all of these terms, do not use our Services.

2. Definitions

  • "User" refers to the individual or entity that accesses or uses our Services.
  • "Content" encompasses all text, information, graphics, audio, video, and data offered through our Services.
  • "User Content" means any content, including designs, text, and other materials that a User posts, uploads, links to, or otherwise makes available through the Services.
  • "SaaS Products" are cloud-based software applications provided by enJerneering.
  • "Subscription" refers to a paid plan with recurring billing that grants Users access to our SaaS Products.

3. User Eligibility

You must be at least 18 years old and capable of forming a binding contract with enJerneering to use the Services. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to enJerneering that you have the authority to bind that organization to these terms (in which case "you" and "your" will refer to that organization). The Services are not available to any Users previously removed from the Services by enJerneering.

4. Account Registration and Management

To access certain features of the Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide is accurate and that you will keep it up-to-date at all times. You are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breaches of security. enJerneering cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

5. Services Offered

enJerneering provides a variety of SaaS products designed to help businesses achieve market readiness more quickly. Our services include, but are not limited to, custom software development, artificial intelligence and large language model applications, website design and development, and product consulting services. Additionally, we offer enJerneering Learn, a collection of free articles and resources that educate on relevant concepts and promote our Services. Users can also book free consultation meetings through the website via third-party services such as Calendly.

6. Usage Terms

You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Services according to these Terms. You agree not to misuse the Services. Misuse includes but is not limited to using the Services to:

  • Disseminate material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • Transmit material that encourages conduct that constitutes a criminal offense, results in civil liability, or otherwise breaches any relevant laws, regulations, or code of practice.
  • Interfere with any other person's use or enjoyment of the Services.
  • Make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works of the software or any content included in the Services, including any files, tables, or documentation (or any portion thereof), or determine or attempt to determine any source code, algorithms, methods, or techniques embodied by the Services or any derivative works thereof.

7. Intellectual Property Rights

All intellectual property rights in the Services, including but not limited to design, structure, layouts, graphical images, and underlying source code belong to enJerneering or our licensors. This includes any trademarks and service marks. Third-party trademarks are the property of their respective owners and are used under agreement or for identification purposes only. No right or license to enJerneering's or any third-party's intellectual property rights is granted under these Terms.

8. User Content

  • Rights to User Content: As a user, you retain all copyrights and intellectual property rights to any content you create, post, upload, or otherwise make available through the Services ("User Content"). By sharing User Content on the Services, you grant enJerneering a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the operation of the Services and enJerneering's business, including without limitation for promoting and redistributing part or all of the Services in any media formats and through any media channels.
  • User Content Representations: You warrant that you are the owner of the copyright or have the necessary licenses, rights, consents, and permissions to use and to authorize enJerneering and other users of the Services to use your User Content in the manner contemplated by the Services and these Terms. You also agree that your User Content will not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
  • Content Review: enJerneering does not commit to actively monitoring User Content but reserves the right to remove or disable access to any User Content that violates these Terms or that is otherwise objectionable. Such actions may be taken without prior notification to you.

9. Third-Party Services

  • Integration with Third-Party Services: The Services may contain links to third-party websites, advertisements, services, special offers, or other events or activities that are not owned or controlled by enJerneering. enJerneering does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
  • Third-Party Terms: If you access a third-party service, such as Calendly, from the Services, you do so at your own risk, and you understand that this Agreement and enJerneering’s Privacy Policy do not apply to your use of such sites. You expressly relieve enJerneering from any and all liability arising from your use of any third-party website or services.

10. Fees and Payments

  • Service Fees: Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the pricing and payment terms as we may update them from time to time. enJerneering may add new services for additional fees and charges or amend fees and charges for existing services at any time in its sole discretion.
  • Subscription and Billing: Subscriptions to paid Services are billed in advance on a periodic basis (such as monthly or annually) as specified at the time of purchase. Unless you cancel your subscription before your billing date, you will be charged the subscription fee for the next billing cycle.
  • Refunds: Refunds are handled in accordance with our Refund Policy as described in the Services.

11. Free Trials and Promotions

  • Trial Offers: enJerneering may offer free trials of certain Services for a limited period of time without payment or at a reduced rate. enJerneering reserves the right to charge you for such Services (at the normal rate) if enJerneering determines (in its reasonable discretion) that you are breaching the terms of the trial offer.
  • Promotional Offers: Any promotional offers made by enJerneering are discretionary and subject to withdrawal or modification at any time without prior notice.

12. Modifications to Service

  • Changes to Services: enJerneering reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice at any time. You agree that enJerneering shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
  • Notification of Changes: While we will do our best to provide advance notice of changes to the Services, it is also your responsibility to check these Terms periodically for changes.

13. Privacy Policy

Please refer to our Privacy Policy for information on how enJerneering collects, uses, and shares your personal information. The Privacy Policy is incorporated by reference into these Terms.

Our Cookie Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies, and further information about cookies. The Cookie Policy is incorporated by reference into these Terms.

15. Refunds and Cancellations

  • Refund Policy:
    • Subscription Services: enJerneering offers subscriptions for its SaaS products. Customers can cancel their subscriptions at any time. However, the refunds for subscription services are generally not provided unless there is a case where enJerneering fails to deliver the service due to reasons within our control. Refunds, if any, for other specific cases will be at the discretion of enJerneering and will be clearly detailed in individual service agreements.
    • Consultation Services: As consultations are time-based services, they are non-refundable. However, users can reschedule a consultation up to 24 hours before the scheduled time without any penalty.
    • Custom Software and Development Projects: Due to the nature of custom software development, refunds are not typically available once a project has commenced. Clients are encouraged to review progress regularly and provide feedback to ensure the final product meets their specifications.
  • Cancellation Policy:
    • Subscription Services: Users can cancel their subscriptions at any time through their account management page. The cancellation will become effective at the end of the current paid period.
    • Custom Projects: For custom software and development projects, clients may cancel with written notice. Any work completed up to the point of cancellation will be billed and payable upon cancellation.
    • Consultation Services: Appointments can be rescheduled or cancelled without penalty up to 24 hours before the scheduled time. Cancellations within 24 hours may incur a fee.
  • Payment Terms:
    • Payment for subscription services must be made in advance for the period specified (monthly, quarterly, or annually).
    • Custom software and project developments typically require a deposit upfront with progress payments agreed upon in the contract based on milestones.
    • Payment for consultation services is required to be made at the time of booking.
  • Delivery Terms for SaaS Products:
    • Access to SaaS products is granted immediately upon successful processing of payment.
    • There are no physical deliveries of products as all offerings are digital and accessed online.

16. Termination of Use

  • Right to Terminate: enJerneering reserves the right to terminate or suspend your account and bar access to the Services for any reason, including without limitation if you breach the Terms.
  • User Initiated Termination: You may terminate your account at any time via the account management page or by contacting enJerneering customer support.
  • Effect of Termination: Upon termination, your account will be closed and you will no longer have access to your account or any content associated with it. Termination may also result in the forfeiture and destruction of all information associated with your account.

17. Dispute Resolution

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict of law provisions.
  • Arbitration Agreement: You and enJerneering agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
  • Arbitration Procedures: The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes.

18. Limitation of Liability

  • General: To the maximum extent permitted by law, enJerneering shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
  • Liability Cap: enJerneering’s total liability for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the applicable service(s) during the twelve months before the claim.

19. Warranties and Disclaimers

  • Service "As Is": enJerneering provides its services, including Software-as-a-Service (SaaS) products, professional services, and all associated content ("Services"), on an "as is" and "as available" basis without any warranties of any kind, whether express or implied. This includes but is not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We strive to offer high-quality services designed to help accelerate your business's development and market entry, however, we make no guarantees regarding the continuous, uninterrupted, timely, secure, or error-free operation of our Services or the accuracy or reliability of the results obtained from their use.
  • No Guarantee on Service Availability: While we endeavor to provide the best possible service experience, enJerneering does not warrant that the Services will always meet your requirements or expectations or that the operation of the Services will be uninterrupted or free from errors. You expressly agree that your use of our Services and any reliance on their content is solely at your own risk.
  • Limitation of Liability: enJerneering is not liable for any direct, indirect, incidental, special, consequential, or punitive damages that may result from your use of our Services, any interruptions, or your interactions with any third-party services linked through our website—even if enJerneering has been informed of the possibility of such damages. We provide links to third-party websites and utilize third-party services for functionalities such as scheduling, but we assume no responsibility for the content, policies, or practices of any third-party resources.
  • Educational Content Disclaimer: The educational articles and materials available on www.enJerneering.com, particularly through enJerneering Learn, are provided for informational purposes only. enJerneering makes no claims, warranties, or guarantees regarding the accuracy, completeness, reliability, or suitability of any information contained within these materials. These resources are not intended to replace professional advice or consultation. We encourage you to consult with qualified professionals familiar with your particular circumstances for specific advice before making any decisions based on this content.
  • General: This disclaimer forms an essential part of our Terms of Service. If you are dissatisfied with our website, any of our Services, or these terms, your sole and exclusive remedy is to discontinue using enJerneering's Services.

20. Indemnification

You agree to defend, indemnify, and hold harmless enJerneering, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms, any of your User Content, or your other access to or use of the Services.

21. Force Majeure

enJerneering shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond enJerneering’s reasonable control, including without limitation mechanical, electronic, or communications failure or degradation.

22. Notifications

  • Method of Notification: enJerneering may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by enJerneering in our sole discretion.
  • User Notifications: You may manage your receipt of marketing and non-essential communications by clicking on the “unsubscribe” link located on the bottom of enJerneering’s marketing emails. Additionally, you may send a request to jerrod@enJerneering.com to opt out.

23. Amendments to the Terms

  • Right to Amend: enJerneering reserves the right to amend or update these Terms at any time with or without notice to you, reflecting changes to our business, legal, or regulatory requirements. By continuing to use our Services after any such changes, you agree to be bound by the modified Terms.
  • Notice of Amendments: If we make significant changes to the Terms, we will post the revised Terms on our website and notify you by email at our discretion. Your continued use of the Services after the changes have been made will constitute your acceptance of the changes.

24. Miscellaneous

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
  • Non-Waiver: The failure of enJerneering to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
  • Assignment: You may not assign or transfer these Terms by operation of law or otherwise without enJerneering’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. enJerneering may assign or transfer these Terms at its sole discretion without restriction.
  • Entire Agreement: These Terms constitute the entire agreement between you and enJerneering regarding the use of the Services, superseding any prior agreements between you and enJerneering relating to your use of the Services.

25. Contact Information

If you have any questions about these Terms or the Services, please contact enJerneering at: