Terms of Service

Created on 4 August, 2023 • 3,218 views • 11 minutes read

This is the Terms of Service for eNotify, a subscription-based service provided by Intellitech, Chile. It outlines the terms and conditions of use, account creation, subscription, billing, cancellation, privacy policy, ownership, indemnification, and limit

Terms of Service

Please carefully read these Terms of Service ("Terms") before using eNotify (the "Service") operated by Intellitech, a corporation of Chile, the provider of eNotify ("we," "us," or "our"). Your access to and use of the Service is conditioned on your acceptance and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to any part of the Terms, you cannot access the Service.

Accounts

When you create an account with us, you must provide us with accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of your account on our Service. You are responsible for safeguarding the password you use to access the Service and for all activities or actions taken with your password, whether on our Service or on a third-party service. You agree not to disclose your password to third parties. You must notify us immediately if you discover any security breach or unauthorized use of your account.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason, including, but not limited to, if you violate the Terms. All provisions of the Terms that by their nature should survive termination will survive, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including, but not limited to, if you violate the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you can simply stop using the Service. All provisions of the Terms that by their nature should survive termination will survive, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Subscription, Free Trials, Billing, and Cancellation

Subscription

Continuous Subscription.

Your subscription to eNotify, which may start with a free trial, will continue on a monthly or annual basis until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, and accepted payment method (which may be updated from time to time, "Payment Method") to use eNotify subscription services. We will bill the monthly or annual subscription fee to your Payment Method. You must cancel your subscription before each monthly renewal to avoid being billed the upcoming month's subscription fees on your Payment Method.

Different Subscriptions.

We may offer various subscription plans, including special promotional plans with different terms and limitations. Any terms substantially different from those described in these Terms of Use will be disclosed when you sign up or in other communications available to you. You can find specific details about your eNotify subscription by visiting https://eNotify.cl and clicking on the plan tab located under Account > Plan. We reserve the right to modify, terminate, or otherwise amend our offered subscription plans.

Free Trials

Your eNotify subscription may start with a free trial or as specified during registration. Restrictions may apply to combinations with other offers. eNotify reserves the right, at its absolute discretion, to determine your eligibility for a free trial. We will begin billing your Payment Method for monthly subscription fees at the end of your free trial period unless you cancel before the trial period ends. To see specific details of your subscription, including monthly subscription price and others, visit https://eNotify.cl and access the Payments tab under Account > Payments or plan. We may authorize your Payment Method through various methods, including authorizing approximately one month or one year of service as soon as you sign up. You will not receive notice from us when your free trial period ends, or when the paid part of your subscription begins. CLICK ON THE "ACCOUNT > DELETE ACCOUNT" TAB WHILE LOGGED INTO https://eNotify.cl TO CANCEL ANY SUBSCRIPTION. If you can't find it, contact us immediately at support@enotify.cl. We will continue to bill your Payment Method monthly or annually for your subscription fee until you cancel.

Billing

Recurring Billing.

By starting your eNotify subscription and providing or designating a Payment Method, you authorize us to charge you a monthly or annual subscription fee at the then-current rate, and any other charges you may incur in connection with your use of eNotify subscription service to your Payment Method. You acknowledge that the amount billed each month or year may vary from one month or year to another for reasons that may include different amounts due to promotional offers, including the redemption of VIP codes and promotional codes, and/or the addition or change of a plan, and you authorize us to charge your Payment Method such varying amounts, which may be billed monthly or annually in one or more charges.

Price Changes.

We reserve the right to adjust the prices of our service or any of its components in any manner and at any time as we may determine in our sole discretion. Except as expressly set forth in these Terms of Service, any price changes to your service will take effect after you receive an email notice.

Billing Cycle.

The subscription fee for our service will be billed at the beginning of the paid part of your subscription and each month thereafter unless and until you cancel your subscription. We will automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paid subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, particularly as indicated below, if your Payment Method has not successfully settled. If your paid subscription started on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your eNotify subscription or started paying on January 31st, your next payment date is likely to be February 28th, and your Payment Method will be billed on that date. The renewal date may change due to changes in your subscription. Log in to your account at eNotify.com and click on the Billing tab to view your next renewal date. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Service, "billing" indicates a charge, debit, or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated, month, monthly, annual, and annually refer to your billing cycle.

No Refunds.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED MEMBERSHIP PERIODS. Upon any cancellation, however, you will continue to have access to the service until the end of your current billing period. At any time and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such credits, as well as the decision to grant them, are at our sole discretion.

Payment Methods.

You may edit your Payment Method information by visiting https://eNotify.cl and accessing the Account tab within your settings. If a payment is not successfully settled due to expiration, insufficient funds, or for any other reason, and you do not edit your Payment Method information or cancel your account (see "Cancellation" below), you remain responsible for any uncollected amounts, and we authorize us to continue billing your Payment Method, as updated. This may result in a change to your billing dates. In the case of certain Payment

Methods, your Payment Method issuer may charge you a foreign transaction fee or other charges. Please check with your Payment Method provider for details.

Cancellation.

You can cancel your eNotify membership at any time, and you will continue to have access to eNotify subscription service until the end of your monthly or annual billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR PARTIALLY USED MEMBERSHIP PERIODS. To cancel, visit https://eNotify.cl and access the Payments tab within your settings. Find your subscription and click "Cancel Subscription." If you cancel your subscription, it will automatically be canceled at the end of your current billing period. To see when your account will close, visit https://eNotify.cl and access the Billing tab within your settings.

Privacy

Our Privacy Policy, located at https://eNotify.cl/privacy, or any other URL we may provide from time to time (the "Privacy Policy"), describes the collection, use, and sharing of certain information that may be provided in connection with your use of the Service as well as information that may be provided by users of any website or mobile application owned or operated by you on which the Service is integrated ("Integrated Site"). By using the Service, you expressly acknowledge and agree that information submitted or collected through the use of the Service or an Integrated Site will be processed and used in accordance with the Privacy Policy and these Terms and may be processed in a country where it was collected as well as in countries where privacy laws may be less strict, including the United States. To the extent that personal data is provided about a person or entity named through the use of the Service or an Integrated Site, you represent that you have obtained necessary consents from the respective data subjects in accordance with applicable laws for the use of such data in accordance with these Terms and the Privacy Policy and warrant that you will not send or allow to be sent information through the Service or an Integrated Site without such consent.

Ownership and Data

Subject to the limited rights expressly granted hereunder, we reserve all rights, titles, and interests in the Service, including all related intellectual property rights. No rights are granted to you hereunder, except as expressly set forth in these Terms. By using the Service, you grant us the right to use all data, information, materials, or other content uploaded, submitted, posted, transferred, transmitted, or otherwise provided by you through the Service or an Integrated Site (collectively, "Your Data") for the purpose of: (a) providing the Service, including usage reports and statistics related to the use of the Integrated Site, (b) preventing or addressing service or technical issues, or (c) as required by law. By using the Service, you acknowledge and agree that we may use Your Data in an anonymized and de-identified manner for marketing, surveys or statistics, reference establishment, feature suggestions, analysis of Service usage, analysis of Integrated Site usage, and other related purposes, including, among others, sharing such anonymized data with third parties or creating reports that may include Your Data in an anonymous, generic, and de-identified format aggregated with other data that does not constitute Your Data, provided such reports do not identify you unless we agree otherwise in writing.

Indemnification

By using the Service, you agree to indemnify, defend, and hold us and our officers, directors, employees, agents, successors, and assigns harmless from and against any loss, damage, liability, deficiencies, claims, actions, judgments, settlements, interests, awards, penalties, fines, costs, or expenses of any kind (including reasonable attorneys' fees) incurred in connection with, arising out of, or related to: (a) any data provided by you or through your use of the Service or use of an Integrated Site, including any processing of such data by us or on our behalf pursuant to these Terms; (b) any other materials or information (including any document, data, specification, software, content, or technology) provided by you or on your behalf or by your users; or (c) any allegation of facts that, if true, would constitute a violation of your representations, warranties, covenants, or obligations under these Terms.

Disclaimer of Warranty

THE SERVICE IS PROVIDED "AS IS," EXCLUDING ANY WARRANTY OF ANY KIND. WE DO NOT PROVIDE ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

OUR LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED, HOWEVER, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE FOREGOING LIMITATIONS WILL APPLY WHETHER THE ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

Applicable Law

These Terms will be governed and interpreted in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between us with respect to our Service and supersede and cancel any prior agreement we may have had regarding the Service.

Changes

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make an effort to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

If you have any questions about these Terms, please contact us.

For Customers

Customer Service Inquiries | support@enotify.cl