These Terms of Use (“Terms”) govern your access to and use of the website, platform, products, and services (collectively, the “Services”) operated by Enstyle Inc., a Delaware corporation (“Enstyle,” “we,” “us,” or “our”).
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.
The Services are provided solely for business and commercial use. They are not intended for personal, household, or consumer purposes.
By using the Services, you represent and warrant that:
- You are at least 18 years old;
- You are accessing the Services on behalf of a business entity or in a commercial capacity and have authority to bind such entity.
You may use the Services only in accordance with these Terms and applicable law. You agree not to:
- Interfere with or disrupt the integrity or performance of the Services;
- Attempt to gain unauthorized access to systems or data;
- Reverse engineer, decompile, or disassemble any part of the Services;
- Use the Services in a manner that infringes intellectual property or other rights.
We reserve the right to suspend or terminate access to the Services at any time for violation of these Terms.
All software, models, algorithms, methodologies, analytics, insights, text, compilations, and other original materials made available through the Services (“Enstyle Materials”) are owned by or licensed to Enstyle and are protected by U.S. and international intellectual property laws.
Certain images, trademarks, logos, or other materials displayed through the Services may be owned by third parties and are used by Enstyle for informational, editorial, analytical, or reference purposes only, with attribution where applicable. All third-party content remains the property of its respective owners.
Except as expressly permitted, you may not copy, reproduce, distribute, modify, or otherwise use any content made available through the Services without the prior written consent of the applicable rights holder.
Nothing in these Terms grants you any rights in third-party content beyond the limited right to view such content through the Services.
To the extent the Services generate analyses, insights, annotations, forecasts, or other outputs based on third-party content, such outputs constitute Enstyle’s original work and do not convey ownership of the underlying third-party materials.
Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and protect personal information. The Privacy Policy is incorporated into these Terms by reference.
The Services may contain links to third-party websites or services. Enstyle does not control and is not responsible for the content, policies, or practices of third parties. Access to third-party services is at your own risk.
THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENSTYLE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
Any insights, analytics, forecasts, or information provided through the Services are for informational and analytical purposes only and do not constitute business, financial, legal, or investment advice.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENSTYLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.
IN NO EVENT SHALL ENSTYLE’S TOTAL AGGREGATE LIABILITY EXCEED USD $100 OR THE AMOUNT PAID BY YOU TO ENSTYLE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
You agree to indemnify and hold harmless Enstyle and its officers, directors, employees, and affiliates from any claims, damages, losses, and expenses arising out of or relating to your use of the Services or violation of these Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Agreement to Arbitrate
Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (“Dispute”) shall be finally resolved by binding arbitration.
The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be New York County, New York.
This arbitration agreement is governed by the Federal Arbitration Act (FAA).
Small-Claims Carve-Out
Either party may bring an individual claim seeking monetary relief not exceeding USD $5,000 in a court of competent jurisdiction, provided the claim is brought on an individual basis only and does not seek injunctive or equitable relief.
Injunctive and IP Relief
Nothing in this section prevents either party from seeking injunctive or equitable relief in court for actual or threatened infringement of intellectual property rights or breach of confidentiality obligations.
Waiver of Jury Trial
EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY.
Class Action Waiver
ALL DISPUTES SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY.NO DISPUTE MAY BE BROUGHT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Confidentiality
The arbitration and all related materials shall be treated as confidential commercial information.
If you have entered into a written Master Subscription Agreement or similar agreement with Enstyle, the terms of that agreement shall control in the event of any conflict with these Terms.
We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law.
We may update these Terms from time to time. Updated Terms will be posted on the website and will become effective upon posting. Continued use of the Services constitutes acceptance of the revised Terms.
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles.
Any legal action arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in New York County, New York, and the parties consent to such jurisdiction.
If you have any questions about this Terms of Use, please contact us at legal@enstyle.ai