Terms of Service

By accessing, browsing, or using any services provided by Enacment ("Company," "we," "us," or "our"), including our website, digital development services, consulting engagements, and any related applications or platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms").

These Terms apply to all users of our services, including visitors, clients, partners, and any other individuals who access our platforms or engage our services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In that case, "you" or "your" shall refer to such entity.

We reserve the right to update or modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website with a new effective date. Your continued use of our services after such changes constitutes acceptance of the revised Terms.

Enacment provides digital development and technology consulting services, including but not limited to:

• Custom Application Development: Design and development of web, mobile, and desktop applications tailored to specific business requirements.

• Process Automation (Hyperautomation): Implementation of RPA, AI algorithms, and intelligent document processing to optimize business workflows.

• Intelligent Autonomous Agents: Development of AI-powered agents for task automation, customer service, and business process optimization.

• Advanced Analytics and Data Intelligence: Data analytics solutions including predictive modeling, business intelligence, and machine learning implementations.

• Location Intelligence and Geospatial Solutions: Geographic data analysis, route optimization, and location-based business intelligence.

• AI Immersion Programs: Hackathons, workshops, and training programs designed to accelerate AI adoption within organizations.

The specific scope, deliverables, timelines, and terms for each project or engagement will be detailed in separate Statements of Work (SOW) or service agreements executed between you and Enacment.

To use our services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction.

• Have the legal capacity to enter into binding contracts.

• If acting on behalf of an organization, have the authority to bind that organization to these Terms.

• Not be prohibited from receiving our services under applicable laws.

• Provide accurate and complete information when registering or engaging our services.

We reserve the right to refuse service to anyone for any reason at any time.

Certain features of our services may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information as requested.

• Maintain and promptly update your account information to keep it accurate and complete.

• Maintain the security and confidentiality of your login credentials.

• Immediately notify us of any unauthorized access to or use of your account.

• Accept responsibility for all activities that occur under your account.

We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials. We may suspend or terminate accounts that we suspect are being used in violation of these Terms.

Ownership of Pre-existing IP:

Each party retains all rights, title, and interest in any intellectual property owned by such party prior to the commencement of any project or engagement. Enacment's pre-existing methodologies, frameworks, tools, and know-how remain the exclusive property of Enacment.

Work Product:

Unless otherwise agreed in a specific project agreement, upon full payment of all applicable fees, you will own the specific deliverables and custom code developed exclusively for your project. However, Enacment retains the right to use general knowledge, skills, and experience gained during the engagement.

Enacment Property:

All content on our website, including text, graphics, logos, images, software, and documentation, is the property of Enacment or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written consent.

Feedback:

Any feedback, suggestions, or ideas you provide regarding our services may be used by Enacment without any obligation to compensate you.

You agree not to use our services to:

• Violate any applicable local, national, or international law or regulation.

• Infringe upon the intellectual property rights of others.

• Transmit any malware, viruses, or other malicious code.

• Attempt to gain unauthorized access to our systems or those of our partners.

• Interfere with or disrupt the integrity or performance of our services.

• Engage in any activity that could harm our reputation or that of our clients.

• Collect or harvest personal information of others without proper consent.

• Use our services for any unlawful, harmful, or fraudulent purposes.

• Resell, redistribute, or sublicense our services without authorization.

• Reverse engineer, decompile, or disassemble any aspect of our services.

Violation of these prohibitions may result in immediate termination of services and potential legal action.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

ENACMENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO ENACMENT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

You agree to indemnify, defend, and hold harmless Enacment and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our services.

• Your violation of these Terms.

• Your violation of any applicable laws or regulations.

• Your infringement of any third-party rights, including intellectual property rights.

• Any content or data you submit or transmit through our services.

• Any harm caused to third parties as a result of your use of our services.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with our defense of such claims.

Term:

These Terms remain in effect until terminated by either party.

Termination by You:

You may terminate your relationship with us at any time by ceasing to use our services and, if applicable, closing your account. Termination does not relieve you of any payment obligations for services already rendered.

Termination by Us:

We may suspend or terminate your access to our services at any time, with or without cause, and with or without notice, including if we believe you have violated these Terms.

Effect of Termination:

Upon termination:

• Your right to use our services immediately ceases.
• You remain liable for all fees incurred prior to termination.
• Provisions that by their nature should survive termination (including intellectual property rights, limitation of liability, and indemnification) shall continue to apply.

For project-based engagements, termination procedures and wind-down provisions will be governed by the applicable Statement of Work or service agreement.

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of Mexico, without regard to its conflict of law principles.

Dispute Resolution:

Any dispute, controversy, or claim arising out of or relating to these Terms or our services shall first be subject to good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration in Mexico City, conducted in accordance with the rules of the International Chamber of Commerce (ICC).

Jurisdiction:

For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the courts located in Mexico City, Mexico.

Class Action Waiver:

To the extent permitted by law, you agree to resolve any disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

Modifications to Terms:

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new effective date, and, where possible, by sending you an email notification.

Your continued use of our services after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using our services.

Modifications to Services:

We may modify, suspend, or discontinue any aspect of our services at any time, including the availability of features, databases, or content. We may also impose limits on certain features or restrict access to parts of our services without notice or liability.

Severability:

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement:

These Terms, together with any applicable Statements of Work or service agreements, constitute the entire agreement between you and Enacment regarding the subject matter hereof.