Terms of Service

Version 1.1 – Effective Date: June 6, 2025

1. Definitions

For purposes of these Terms of Service (“Terms”):

  • “Enfathom,” “we,” “us,” or “our” refers to Enfathom, LLC.
  • “You” or “User” means any individual or entity accessing or using the Services.
  • “Services” means the open source intelligence capabilities offered by Enfathom via any access method, including but not limited to our API, web application, mobile app, or locally installed software.
  • “Authorized User” means any individual employee, contractor, or agent of a user entity who has been granted access to the Services under that entity’s subscription plan or enterprise agreement.
  • “Business Use” refers to any use of the Services in commercial software, platforms, or client-facing applications.
  • “Subscription Tier” refers to the specific service plan (e.g., Developer, Business, Enterprise) subscribed to by the user, each with distinct usage rights and limits.
  • “Enterprise Agreement” means a separate, written, and negotiated contract between the user and Enfathom governing access and use of the Services.

2. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use or access the Services.

3. Service Description

Enfathom offers subscription-based Services that aggregate, optimize, and deliver publicly available and licensed third-party data to generate contextual insights. The Services are accessible via multiple channels, including but not limited to web interfaces, APIs, mobile apps, or local installations. These Terms apply to all such access methods.

4. Account Registration and Security

Users must be at least 18 years old or the age of majority in their jurisdiction to register for the Services. You agree to provide accurate account information and safeguard your login credentials and API keys. You are solely responsible for all activity occurring under your account.

You must promptly notify Enfathom of any unauthorized use of your credentials or breach of security. Enfathom will take reasonable measures but is not responsible for losses due to your negligence.

We reserve the right to revoke access at our discretion in cases of suspected misuse or risk.

5. Payment and Subscription Billing

Subscription payments are processed via Paddle and are subject to their Checkout Buyer Terms. Subscriptions renew automatically unless cancelled in accordance with Paddle’s terms.

If you upgrade your subscription to a higher-tier plan, the change takes effect immediately, and you will be charged a pro-rated amount based on the remaining time in your current billing cycle.

If you downgrade to a lower-tier plan, the downgrade will take effect at the end of your current billing cycle, and you will retain access to your current plan's features until that time.

Usage limits, pricing, and plan details are described in our platform documentation or pricing page. Refunds and disputes are subject to Paddle’s policy.

6. User Data and Privacy

Enfathom is the Data Controller for personal data processed via the Services. We use GDPR-compliant third-party processors such as Auth0 and Paddle. Personal data is not sold or shared except as legally required. Users may request data deletion post-subscription by emailing [email protected], subject to identity verification.

7. Usage Tracking

We monitor aggregate and anonymized usage to enforce subscription limits, improve service performance, and support analytics. Such data does not identify individual users and is not sold.

8. Communications and Notices

By using our Services, you agree to receive transactional and service-related communications (e.g., password resets, usage warnings). These are essential and cannot be opted out of.

You may optionally subscribe to marketing messages about feature updates or announcements. You may unsubscribe at any time via email preferences or the unsubscribe link in communications.

Official notices may be delivered via email or through in-app messages to your registered contact details.

9. Restrictions on Use

You agree not to misuse the Services. Prohibited activities include but are not limited to:

  • Circumventing subscription limits
  • Scraping or proxying results
  • Reverse engineering the Services
  • Using Services in high-risk environments where failure could cause harm
  • Violating applicable export controls or trade regulations

Business Use is permitted only with a valid Business plan or Enterprise Agreement. Other plans do not authorize embedding the Services into client-facing products or commercial software.

Even under a Business plan, you may not resell, sublicense, redistribute, or expose the Services or outputs to third parties in a way that enables replication, extraction, or downstream use.

Enfathom reserves the right to throttle, suspend, or revoke access to the Services if automated monitoring detects behavior indicative of abuse, misuse, or risk to platform stability—even if not yet a confirmed breach.

Any breach may result in immediate suspension or termination without refund. Additionally, Enfathom reserves the right to pursue legal remedies including injunctive relief, damages, and recovery of attorneys’ fees for unauthorized commercial use, redistribution, or sublicensing of the Services.

10. Intellectual Property and Licensing

All rights, titles, and interests in the Services, software, content, and branding are owned by Enfathom or its licensors. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms and your Subscription Tier.

Third-party data included in the Services may be subject to separate license terms or attribution requirements, which will be provided within the platform or documentation where required.

Users may not use the Services or resulting data to create datasets, train machine learning models, or build derivative services that replicate or compete with Enfathom, unless explicitly permitted in writing.

Feedback you provide becomes the property of Enfathom and may be used without compensation or acknowledgment.

11. Service Availability and Disclaimer of Warranty

We strive for reliable service but do not guarantee uptime or uninterrupted access. The Services are provided “as is” and “as available” without warranties of any kind, including merchantability or fitness for a particular purpose.

Separate availability guarantees or service-level terms may be included in an Enterprise Agreement. Absent such agreement, no uptime guarantees are offered.

12. Limitation of Liability

To the fullest extent permitted by law, Enfathom is not liable for indirect, incidental, consequential, or punitive damages arising from use of the Services. This includes loss of profits, data, or business opportunities.

13. Termination

We may terminate your access without notice for violations of these Terms. You may terminate your account at any time. Subscription fees incurred prior to termination remain your responsibility.

14. Changes to the Service

We may modify, remove, or enhance features at any time. We may also change pricing upon renewal, with reasonable advance notice.

Certain features may be labeled as “Beta” or “Experimental.” These features are offered on an as-is basis, may be modified or discontinued at any time, and are not subject to service guarantees.

15. Changes to the Terms; Entire Agreement

We may update these Terms from time to time. Significant changes will be communicated by email or in-platform. Continued use of the Services after such notice constitutes acceptance. These Terms supersede all prior agreements unless otherwise specified in an Enterprise Agreement.

16. Enterprise Agreements

If you have signed a separate written agreement with Enfathom, that agreement shall prevail in case of conflict with these Terms.

17. Governing Law, Arbitration, and Jurisdiction

These Terms are governed by Delaware law. Disputes shall be resolved via binding arbitration administered by the American Arbitration Association in Wilmington, Delaware, unless otherwise required by law.

EU users may bring disputes before local courts or use the EU Online Dispute Resolution platform: http://ec.europa.eu/odr.

18. Contact Information

Enfathom, LLC
2810 N Church St
Wilmington, DE 19802
Email: [email protected]

19. Severability

If any provision of these Terms is held invalid or unenforceable, the remainder shall remain in full force and effect.

20. Force Majeure

Enfathom shall not be held liable for delays or failure caused by circumstances beyond its reasonable control, including acts of nature, government actions, or infrastructure failures.

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