Enqlave Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and Enqlave AI, Inc., a Delaware corporation ("Enqlave," "we," "us," or "our"). They govern your use of the Enqlave apps for Mac, iPhone and iPad, the Enqlave cloud service that syncs and shares your libraries, and our website at enqlave.app (together, the "Service"). These Terms also serve as the end-user license agreement for the Enqlave apps.

By tapping "I Agree," creating an account, or using the Service, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Please read Section 21 carefully. It requires most disputes between you and us to be resolved by individual binding arbitration rather than in court, and it waives your right to take part in a class action. You may opt out of arbitration within 30 days, as Section 21 explains.

1. Who can use Enqlave

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the consent of a parent or legal guardian, who agrees to these Terms on your behalf. You may not use the Service if you are barred from doing so under the laws of the United States or the country where you live.

2. Your account

You sign in with your Apple Account. You are responsible for all activity on your account and on the devices you have approved for it, and for keeping those devices and your Apple Account secure. Tell us promptly at hello@enclave-ai.com if you believe someone has accessed your account without permission. Each account is for one person; do not share it.

3. Your license to use the apps

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download, install and use the Enqlave apps on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, for your own personal or internal business use.

You will not, and will not help anyone else to: copy, modify, distribute, sell, rent, lease or sublicense the apps; reverse engineer, decompile or disassemble them, or try to derive their source code, except where applicable law expressly permits it despite this restriction; remove or alter any proprietary notices; or extract, reuse or share any credential, API key or token the Service issues to you.

The apps and the Service, including their software, design and trademarks, are owned by Enqlave and our licensors and are protected by law. Except for the license above, these Terms grant you no rights in them.

4. Your content

You keep all rights in the documents, notes, and other content you add to Enqlave ("Your Content"). We do not claim ownership of it.

You grant us a limited, worldwide, royalty-free license to store, copy, and transmit Your Content in encrypted form, solely to provide the Service to you and to the people you choose to share it with — for example, to sync it between your devices and deliver it to members of a library you share. This license ends when Your Content is deleted from the Service, except for copies in backups that are removed in the ordinary course.

You are responsible for Your Content. You represent that you have the rights needed to add it to the Service and to share it with anyone you share it with, and that doing so does not violate the law or anyone else's rights.

5. Encryption and your keys

Enqlave encrypts Your Content on your devices before it is uploaded, and our cloud stores it in a form we cannot read. This design has a consequence you need to understand: we cannot recover Your Content if you lose access to the keys that protect it. If you lose all of your approved devices and have no recovery backup of your encryption keys, the data in your cloud library may be permanently unreadable, and we will not be able to restore it.

You are responsible for keeping a recovery backup of your encryption keys (the app offers one) and for keeping your own backups of any documents that matter to you. Encryption protects what our cloud stores; copies on your own devices are protected by your device's security, which is your responsibility.

The Privacy Policy describes the limited information our servers can see, such as account and sharing metadata and the names you give your libraries.

6. AI features

Enqlave uses artificial intelligence to read, file, summarize, index and answer questions about your documents. To do this, the content involved, which may include the full document, is sent from your device to a third-party AI provider, as described in the Privacy Policy.

• AI output can be wrong. It may be incomplete, out of date, or inaccurate, including dates, amounts, names and categories. Check anything important against the original document.
• It is not professional advice. Nothing the Service produces is legal, tax, financial, medical or other professional advice, and you should not rely on it as a substitute for a qualified professional.
• Your own API keys. If you connect your own key for an AI provider, your use of that provider is governed by your agreement with that provider, and you are responsible for any charges it bills you.
• Keys we provide. If you do not connect your own key, we may provide AI access for your account, subject to usage limits. That access is for use within the Service only.

7. Subscriptions, free trials and billing

Some features require a paid subscription. Subscriptions are sold through Apple's App Store, and Apple processes all payments. Your purchase is also governed by Apple's terms, and Apple handles billing, renewals, cancellations and refunds. We do not receive your payment card details.

• Automatic renewal. A subscription renews automatically at the end of each billing period, at the then-current price, unless you turn off auto-renew at least 24 hours before the period ends. You can manage or cancel your subscription in your Apple Account settings at any time.
• Cancellation. If you cancel, you keep access to paid features until the end of the period you have already paid for. Except where required by law or by Apple's policies, payments are non-refundable; refund requests are handled by Apple.
• Free trials. We may offer a free trial. Its length and terms are shown before it starts. We may limit trials to one per person and may change or end trial offers at any time.
• Price changes. We may change subscription prices. Apple will notify you of a price change as its policies require, and where required you will be asked to agree before the new price applies.
• Family Sharing. Where a subscription is shared through Apple Family Sharing, each family member uses the Service under their own account and these Terms, subject to that account's own usage limits.

8. Usage limits

To keep the Service reliable and fairly priced, we apply limits to things like AI usage, storage, and the number of devices and libraries. The current limits for your plan are shown in the app. We may change limits, and we will give reasonable notice of changes that reduce what your plan includes. If you reach a limit, the related features may pause until the limit resets or you change plans.

9. If your subscription ends

If your subscription or trial ends, features that require one, including cloud sync, may pause. The documents already on your devices remain yours and stay on your devices. We will keep the encrypted cloud copy of your libraries for a reasonable retention period so you can resume where you left off. After that period, we may delete the cloud copy, and we will notify you before we do. Export anything you want to keep.

10. Sharing libraries

You can share a library with other people. When you do:

• The library's owner is responsible for the library and for choosing who has access and with what role.
• Members can read everything in the library, and editors can add to and change it. Whatever they can see, they can copy.
• Removing a member stops their access to what is added after they are removed, but it cannot take back documents they have already synced, saved, or copied.
• Each member's use of the Service is governed by their own agreement with us.

11. Preview features

We may offer features labeled beta, preview or experimental. They may be incomplete, may change or be withdrawn at any time, and are provided as-is, without any commitment of support or availability.

12. Acceptable use

You will not use the Service to:

• break the law, or store, share or distribute content that is illegal, including child sexual abuse material;
• infringe anyone's intellectual property, privacy or other rights;
• upload malware, or interfere with or disrupt the Service, its infrastructure, or other users;
• gain unauthorized access to the Service, another account, or data that is not yours;
• probe, scan or test the vulnerability of the Service, except under a written agreement with us;
• circumvent usage limits, access controls or billing, or extract or misuse credentials the Service issues;
• resell, rent, or provide the Service to others as a service, or use it to build a competing product; or
• access the Service by automated means other than the apps we provide.

Because Your Content is encrypted, we generally cannot see it. We may still act on credible reports, on information we can see, or as the law requires.

13. Third-party services

The Service works with services operated by others, such as Apple, AI providers, and Google Drive if you connect it. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. If you connect a third-party service, you authorize us to access it on your behalf as needed to provide the features you use.

14. Feedback

If you send us suggestions or feedback, we may use them freely, without obligation or compensation to you.

15. Privacy

Our Privacy Policy, at enqlave.app/privacy.html, explains what information we collect, what leaves your device, and how it is used. It is part of these Terms.

16. Changes to the Service and these Terms

We are continually improving Enqlave and may add, change, or remove features. We may update these Terms from time to time. When we make material changes, we will tell you in advance, in the app or by other reasonable means, and where appropriate we will ask you to accept the updated Terms before you continue using the Service. Each version of these Terms carries a version date. If you do not agree to the changes, you may stop using the Service and delete your account.

17. Termination

You may stop using the Service at any time and may delete your account from the app's settings. Deleting your account removes your account and your cloud data as described in the app. To stop paying, you must also cancel your subscription with Apple.

We may suspend or terminate your access if you materially or repeatedly breach these Terms, if required by law, or if needed to protect the Service or other users. Where reasonable, we will give you notice and a chance to export Your Content first. If we discontinue the Service entirely, we will give you reasonable advance notice.

Sections 3 (ownership and restrictions), 4, 5, 6, 14, and 18 through 25 survive termination.

18. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT AI OUTPUT WILL BE ACCURATE, OR THAT YOUR CONTENT WILL NOT BE LOST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

19. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ENQLAVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) US $100.

These limits do not apply to liability that cannot be limited by law, such as for fraud, gross negligence, or willful misconduct, and they do not affect any rights you have as a consumer that cannot be waived.

20. Indemnity

To the extent permitted by law, you will defend and indemnify Enqlave against third-party claims, and related losses and reasonable costs, arising out of Your Content, your violation of these Terms, or your violation of anyone else's rights.

21. Dispute resolution and arbitration

Talk to us first. Before starting any formal proceeding, you and we each agree to try to resolve a dispute informally. Send a written description of the dispute to hello@enclave-ai.com (or we will send one to the email associated with your account). If it is not resolved within 60 days, either party may start arbitration.

Binding individual arbitration. Except as stated below, any dispute, claim or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section. The arbitrator decides all issues, including the scope and enforceability of this agreement to arbitrate, except as stated under "Class action waiver" below. Arbitration may take place by video, by phone, on written submissions, or in person in the county where you live. Payment of filing and arbitrator fees will be governed by the AAA's rules.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek an injunction in court to protect its intellectual property rights.

Class action waiver. You and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request (and only that one) will be severed and decided in court, after any arbitration of the remaining claims.

Opting out. You may opt out of this agreement to arbitrate by emailing hello@enclave-ai.com from the email associated with your account, within 30 days after you first accept these Terms, with the subject line "Arbitration Opt-Out" and your name. Opting out does not affect any other part of these Terms.

22. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and, as to Section 21, by the Federal Arbitration Act. For any dispute that is not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts located in Delaware, except where the law of the place you live gives you the right to bring proceedings in your local courts.

23. Apple App Store terms

If you downloaded an Enqlave app from Apple's App Store, the following also apply:

• These Terms are between you and Enqlave only, not with Apple. Enqlave, not Apple, is solely responsible for the apps and their content.
• Your license to the apps is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the apps may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Apple has no obligation to provide any maintenance or support for the apps.
• If an app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for that app. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are Enqlave's responsibility, to the extent not disclaimed in these Terms.
• Enqlave, not Apple, is responsible for addressing any claims by you or a third party relating to the apps or your possession or use of them, including product liability claims, claims that the apps fail to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
• If a third party claims that an app or your possession and use of it infringes that third party's intellectual property rights, Enqlave, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms when using the apps.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, 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.

Questions, complaints or claims about the apps should be directed to Enqlave at the contact details in Section 25.

24. General

• Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service and replace any earlier agreements, including any beta or pre-release terms you previously accepted.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets, or to an affiliate, with notice to you.
• Severability and waiver. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Electronic communications. You agree that we may provide notices and other communications to you electronically, in the app or by email, and that they satisfy any legal requirement that they be in writing.
• Export. You will comply with all applicable export control and sanctions laws in your use of the Service.
• U.S. Government users. The apps are "commercial computer software" and are provided to U.S. Government end users only with the rights granted to all other users under these Terms.
• Consumer rights. Nothing in these Terms limits any rights you have under consumer protection laws that cannot be waived by contract.
• California users. Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

25. Contact

Enqlave AI, Inc., 5830 East 2nd St. PMB 91378, Casper, WY 82609, United States. Email: hello@enclave-ai.com.

By tapping "I Agree," you confirm that you have read and accept these Terms of Service, including the agreement to arbitrate in Section 21, and the Privacy Policy.