Terms & Conditions
1. TERMINOLOGY
In these Terms and Conditions:
- “Enidma”: Enidma Pte Ltd, a company organized under the laws of Singapore, with its registered office at 61 Kaki Bukit Avenue 1, #03-16 Shun Li Industrial Park, Singapore 417943.
- “Client”: any legal entity that opens an account to receive a Service from Enidma.
- “Location“: the physical address that is linked to the account opened by the Client, where the Client is entitled to use the Services.
- “Service”: any of the web and/or mobile applications and/or services provided by Enidma in the form of Software-as-a-Service (SaaS) available online. Including any underlying servers and software used for the purpose.
- “Site”: https://dashboard.enidma.com
2. TERMS
2.1 Acceptance of terms
2.1.1. Enidma provides its Services to the Client. By registering for and/or using a Service in any manner, the Client acknowledges that it has read, understood and agreed to be bound by these terms. If a person signs up for Enidma Services on behalf of a company or legal entity, this person warrants that he/she has the authority to bind the company or any other legal entity or affiliate he/she represents.
2.1.2. If the Client registers for a Trial Period, these terms will also govern the Trial Period.
2.2 Terms update
2.2.1. Enidma reserves the right to unilaterally revise or update these terms from time to time, at its sole discretion.
2.2.2. The Client understands and agrees that its continued use of a Service following the posting of any changes to the terms constitutes acceptance of those changes. It is the Client’s responsibility to check the Site regularly for changes. Changes will apply fourteen (14) business days after they have been published or notified, whichever comes first.
2.2.3. If the Client does not agree to the changes, the Client can stop using the Service and cancel its account without charge within fourteen (14) business days after they have been published or notified, whichever comes first, in which case the Client will be entitled to a pro rata refund of the monthly or annual fee that would already have been paid. There is no possibility to continue to use a Service under the old conditions.
3. ENIDMA SERVICES
3.1 Service usability
3.1.1. Subject to these terms, Enidma will use commercially reasonable efforts to provide Client the Services. As part of the registration process, Client will identify an administrative user name and password for Clients Company account. Subject to the terms hereof, Enidma will endeavor to provide Client with reasonable support services and implementations assistance.
3.1.2. Client will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any Software; modify, translate, or create derivative works based on the Services; Enidma hereby grants Client a non-exclusive, non-transferable, non-sublicensable license to use such Software solely as embedded on such device only in connection with the Services during the Term.
3.1.3. Each license starts from the date of purchase of a Client Subscription and is applicable for the duration of the Client Subscription. The Client must ensure that its use of a Service is in accordance with these terms. If the Client subscribes for a Trial Period, a separate license is applicable for the duration of the Trial Period.
3.1.4. During the service subscription period, Enidma will provide the Client and the Users:
- The use of the latest version the application(s) ;
- Client support ;
- Secure data hosting
- The possibility of additional services, for example: additional integrations specifically for the Client, which will be charged based on Time & Material.
3.1.5. Each type of license for a certain Client Subscription is restricted by the number of stations (iPad Kiosk) and the number of companies per account.
3.1.6. Client shall be responsible for obtaining and maintaining any equipment and ancillary services needed to access or use the Services, including, without limitation, iPads, printer, stand, internet access services, and related equipment. Enidma provides the acquisition of the necessary hardware, however all guarantees, licensing and returns are the client’s responsibility.
3.1.7. The Client shall indemnify and hold Enidma harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Client’s use of Services.
3.2 Payment
3.2.1. Client will pay Enidma all applicable Services fees (as described in the Services or otherwise designated by Enidma from time to time. If Clients’s use of the Services exceeds the applicable service capacity (as described in the Services) or otherwise requires the payment of additional fees, the Client will be billed accordingly, upon thirty (30) days prior notice to the Client. (which may be sent by email). Any inconsistency can be reported by the Client, who must contact Enidma no later than 60 days after the date on the relevant billing to receive an adjustment or credit.
3.2.2. The payment might be processed via physical invoice, which will be sent to the Clients’ address. Enidma has the right to suspend the Client’s access to the Service in case of delay on the payments longer than 15 days after the due date for the subscription. Which is counted since the first day of the activation of the Service.
3.3.3. Any price change will not affect existing subscriptions. Payments are made via wire transfer depending on the terms of the subscription.
3.3 Free trial
3.3.1. The Client has the right to request (only) one (1) trial period free of charge per Location/email, in order to experience the features and functionalities of the Services prior to making a purchasing decision. After the trial the Client will not be eligible for another free Trial Period for the same Location/email. If Enidma discovers that the Client has registered several times for Trial Periods for a certain Location/email, Enidma reserves the right to restrict or terminate any of the Client’s client accounts in Enidma sole discretion and/or to refuse all current or future use of the Service (or any part thereof).
3.3.2. The Trial Period starts from the creation of a client account. The Trial Period is valid for thirty (30) days. As soon as the Trial Period expires, the Client’s access will be immediately terminated, except if a paid for Client Subscription is opened.
3.4 Hardware
3.4.1. Enidma does not hold responsibility over the necessary hardware to operate the Service. Enidma facilitates the acquisition, but all relevant guarantees, returns and refunds holds into the Client’s responsibility. If acquiring the hardware over Enidma, all the necessary invoices and contracts will be given to the client on the setup day.
4. AVAILABILITY
5. SECURITY
5.1 External services
5.1.1. Enidma services are provided on servers that are based on Amazon Web Services (“AWS”). AWS used by Enidma includes the following services: cloud, database, back-up, identity and access management, simple notification service, detective controls, infrastructure protection, and data protection.
5.1.2. Enidma continuously reviews AWS and enhances the best use of AWS to ensure that Enidma’s Services functions at its best and to the highest security standards for all customers.
6. MISCELLANEOUS
6.1. The Client may not assign or transfer in any other manner any of its rights or obligations under this terms, either in whole or in part, to a third party.
6.2. A waiver of any right under this terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.