Legal
These Terms of Service (“Terms”, “Agreement”) constitute a legally binding contract between Enspekt (“Enspekt”, “Company”, “we”, “us”) and the entity or individual (“Customer”, “you”) accessing or using the Enspekt platform. By accessing or using the platform, you agree to be bound by these Terms.
IMPORTANT: Please read these Terms carefully before using the platform. Section 11 contains a Limitation of Liability clause and Section 12 contains an Indemnification clause that affect your legal rights.
The following capitalised terms have the meanings set out below:
By creating an account, clicking “I Agree”, or accessing any part of the Platform, you represent that: (a) you have read and understood these Terms; (b) you have the legal authority to bind the Customer organisation; and (c) you agree to be bound by these Terms and our Privacy Policy.
If you are entering into these Terms on behalf of an organisation, you warrant that you have authority to bind that organisation. Enspekt reserves the right to require written confirmation of authority at any time.
If you do not agree to these Terms, you must immediately cease using the Platform and close your account. Continued use after any update to these Terms constitutes acceptance of the updated version.
Subject to payment of applicable Subscription fees and compliance with these Terms, Enspekt grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for Customer's internal business operations during the Subscription term.
Customer must not, and must ensure Users do not:
Enspekt reserves the right to modify, update, or discontinue features of the Platform at any time. We will provide at least 30 days' notice for material reductions in core functionality to active paying Customers.
Customer is fully responsible for: (a) all activity that occurs under its account; (b) maintaining the confidentiality of authentication credentials; (c) promptly revoking access for any User who is no longer authorised.
Customer must: use strong passwords (minimum 12 characters), enable multi-factor authentication for all administrator accounts, and promptly notify Enspekt at security@enspekt.com upon becoming aware of any actual or suspected unauthorised access.
Customer must provide and maintain accurate, current, and complete account information. Enspekt may suspend accounts providing false or misleading information.
Enspekt is not liable for any loss or damage arising from Customer's failure to maintain the security of its credentials. Enspekt's liability under this clause is limited to cases where the breach was caused by Enspekt's own security negligence.
The following uses of the Platform are expressly prohibited and constitute material breach of these Terms:
Enspekt retains all right, title, and interest in and to the Platform, including all software, algorithms, interfaces, designs, trademarks, and documentation. Nothing in these Terms transfers any intellectual property rights to Customer.
Customer retains all right, title, and interest in and to Customer Data. Customer grants Enspekt a limited, worldwide, royalty-free licence to host, process, and transmit Customer Data solely to provide the Platform services.
Any suggestions, ideas, or feedback Customer provides to Enspekt regarding the Platform (“Feedback”) may be used by Enspekt freely, without restriction, attribution, or compensation, to improve the Platform. Customer waives any moral rights in such Feedback.
Enspekt may generate and use aggregated, anonymised, de-identified statistics derived from Platform usage (e.g., feature adoption rates) for product improvement, research, and marketing. Such data will never identify Customer or any individual User.
Enspekt processes Customer Data as a data processor on Customer's instructions. The terms of data processing are governed by our Data Processing Agreement (DPA), which is incorporated by reference into these Terms. By accepting these Terms, Customer also accepts the DPA.
Customer warrants that: (a) it has all necessary rights, consents, and permissions to upload Customer Data to the Platform; (b) Customer Data does not violate any applicable law or third-party rights; and (c) Customer has complied with all privacy laws applicable to the collection of personal data contained in Customer Data.
During the Subscription term, Customer may export its Customer Data at any time through the Platform's export features. Upon termination, Enspekt will make Customer Data available for export for 90 days, after which it will be securely deleted from production systems.
Enspekt personnel will not access Customer Data except: (a) as necessary to provide support explicitly requested by Customer; (b) to prevent or address technical or security issues; or (c) as required by law. All such access is logged and auditable.
Subscription fees are as specified in the applicable Order Form or pricing page at the time of purchase. Fees are exclusive of applicable taxes (including UAE VAT and any applicable excise duties). Customer is responsible for all applicable taxes.
Fees are due and payable in advance. Annual subscriptions are due in full at the start of each billing cycle. Monthly subscriptions are due at the start of each month. Failure to pay within 14 days of the due date may result in suspension of access.
Enspekt may adjust pricing at renewal. We will provide at least 60 days' written notice of any price increase. Your continued use of the Platform after the renewal date constitutes acceptance of the new pricing.
Subscriptions purchased online through the Platform's pricing page (“Self-Serve Subscriptions”) renew automatically for successive periods equal to the billing cycle selected at purchase (monthly or annual) until cancelled. The payment method on file is charged the applicable fees, plus applicable taxes, at the start of each renewal period.
Customer may turn off automatic renewal at any time through the billing portal (Settings → Subscription → Billing Portal). Cancellation takes effect at the end of the current paid period; access to the purchased Subscription continues until that date and then ends. Any price change applied at renewal is subject to the notice set out in Clause 8.3.
All fees are non-refundable except: (a) where required by applicable consumer protection law; (b) where Enspekt has materially failed to deliver the contracted service level for a continuous period exceeding 72 hours; or (c) at Enspekt's sole discretion in exceptional circumstances. No refunds are issued for partial months or for features not used.
Customer must notify Enspekt of any invoice dispute within 30 days of the invoice date. Undisputed amounts remain due. Enspekt will not suspend access for amounts under genuine good-faith dispute while the dispute is being resolved.
Enspekt targets 99.5% monthly uptime for the Platform (excluding Scheduled Maintenance). Uptime is measured over each calendar month.
Scheduled maintenance windows are communicated at least 48 hours in advance via in-app notification and email. Maintenance is typically performed during off-peak hours (02:00–06:00 UTC).
If monthly uptime falls below 99.5%, Customer may claim a service credit:
| Monthly Uptime | Credit |
|---|---|
| 99.0% – 99.49% | 10% of monthly fee |
| 95.0% – 98.99% | 25% of monthly fee |
| Below 95.0% | 50% of monthly fee |
Credits must be claimed within 30 days of the incident and are applied to the next invoice. Credits are the sole and exclusive remedy for downtime.
SLA credits do not apply to outages caused by: Force Majeure events, Customer's own actions or misconfigurations, third-party services outside Enspekt's control, or Scheduled Maintenance.
Each party agrees to: (a) maintain the confidentiality of the other party's Confidential Information with at least the same degree of care used for its own confidential information, but no less than reasonable care; (b) use Confidential Information only for purposes of fulfilling obligations under these Terms; (c) not disclose Confidential Information to any third party without prior written consent.
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach of this Agreement; (b) was rightfully known before disclosure; (c) is independently developed without use of Confidential Information; or (d) must be disclosed by law or court order (with prompt notice where permitted).
Confidentiality obligations survive termination of these Terms for a period of 5 years. Obligations regarding trade secrets survive indefinitely.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENSPEKT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF ENSPEKT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL ENSPEKT'S TOTAL CUMULATIVE LIABILITY TO CUSTOMER UNDER OR IN CONNECTION WITH THESE TERMS EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY CUSTOMER TO ENSPEKT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) USD 10,000 (TEN THOUSAND US DOLLARS).
The parties acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between the parties. Enspekt would not have entered into these Terms without such limitations.
Nothing in these Terms excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) wilful misconduct or gross negligence; or (d) any liability that cannot be excluded by applicable law.
Customer shall indemnify, defend, and hold harmless Enspekt and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) Customer's or any User's use of the Platform in violation of these Terms; (b) Customer Data infringing or misappropriating any third-party intellectual property or privacy rights; (c) Customer's breach of any warranty under these Terms; or (d) Customer's violation of applicable law.
Enspekt shall indemnify Customer against third-party claims that the Platform, as provided by Enspekt and used in accordance with these Terms, infringes a registered patent, copyright, or trademark. This indemnity does not apply if the alleged infringement arises from: (a) Customer Data or instructions; (b) Customer's modification of the Platform; or (c) use of the Platform in combination with other products not supplied by Enspekt.
The indemnified party must: (a) promptly notify the indemnifying party in writing of the claim; (b) grant the indemnifying party sole control over the defence; and (c) provide reasonable assistance. The indemnifying party may not settle any claim that imposes obligations on the indemnified party without prior written consent.
Customer may cancel a Self-Serve Subscription at any time through the billing portal, as described in Clause 8.4. Cancellation takes effect at the end of the current paid period, and no refund will be issued for the remainder of that period.
Customer may cancel a Subscription agreed directly with Enspekt (including under an Order Form) by providing 30 days' written notice. No refund will be issued for the remaining Subscription period unless expressly agreed in the applicable Order Form.
Enspekt may terminate or suspend Customer's account immediately upon written notice if: (a) Customer breaches these Terms and fails to cure such breach within 14 days of notice; (b) Customer becomes insolvent or subject to bankruptcy proceedings; (c) Customer uses the Platform for illegal purposes; or (d) Customer fails to pay fees within 30 days of the due date.
Upon termination: (a) all licences granted under these Terms immediately cease; (b) Customer Data will be available for export for 90 days, then permanently deleted; (c) all accrued payment obligations survive termination; (d) Sections 6, 7.3, 10, 11, 12, 14, and 15 survive termination indefinitely.
Enspekt may suspend Customer's access (without terminating the agreement) for: non-payment, suspected security incident, violation of the Acceptable Use Policy, or at the request of law enforcement. Enspekt will use commercially reasonable efforts to notify Customer before suspension except where prohibited by law or where immediate action is required for security.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms (“Dispute”) by good faith negotiation for a period of 30 days from the date one party gives written notice of the Dispute to the other.
If negotiation fails, the parties agree to submit the Dispute to non-binding mediation administered by a mutually agreed mediator in Dubai, United Arab Emirates before initiating arbitration or litigation.
If mediation fails within 60 days, the Dispute shall be finally resolved by binding arbitration under the rules of the Dubai International Arbitration Centre (DIAC), conducted in Dubai in the English language. The arbitral award shall be final and binding and enforceable in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm without first undertaking the dispute resolution process.
These Terms are governed by and construed in accordance with the laws of the United Arab Emirates (and where applicable, the laws of the Dubai International Financial Centre), without regard to conflict of law provisions. Subject to the arbitration clause, the parties consent to the exclusive jurisdiction of the courts of Dubai, UAE for any matter not subject to arbitration.
Customers located in the European Union additionally benefit from the mandatory consumer protection provisions of their jurisdiction, which are not excluded by this clause.
These Terms, together with the Privacy Policy, DPA, and any applicable Order Form, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings relating to the subject matter.
Enspekt may amend these Terms by posting the updated version at enspekt.com/terms and providing 30 days' advance notice via email. Customer's continued use constitutes acceptance.
No waiver of any provision of these Terms shall be effective unless in writing. Failure to enforce a right does not constitute a waiver of that right.
If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it valid, and the remaining provisions will continue in full force and effect.
Customer may not assign or transfer any rights or obligations under these Terms without Enspekt's prior written consent. Enspekt may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, with 30 days' notice to Customer.
Neither party is liable for delay or failure to perform due to Force Majeure. The affected party must notify the other promptly. If Force Majeure continues for more than 90 days, either party may terminate without penalty.
Legal notices must be sent to Customer at the email address on file and to Enspekt at legal@enspekt.com. Notices are effective upon confirmed delivery.
These Terms do not create any rights enforceable by any third party except as expressly provided.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship.
These Terms are executed in English. In the event of any conflict between an English version and any translation, the English version shall prevail.
For legal inquiries, contract negotiations, or to request a copy of the DPA:
Legal & Contracts
legal@enspekt.comPrivacy & DPO
privacy@enspekt.comSecurity Reports
security@enspekt.comGeneral Support
support@enspekt.comAlso read our Privacy Policy
Learn how we collect, process, and protect your personal data.