Terms of Use

1. About Enksoft

Enksoft is a technology consulting and software development business that helps organizations design, build, improve, and deliver software products and technology solutions.

Depending on the engagement, our services may include:

• •Software engineering and product development
• •Web and application development
• •Software architecture and system integration
• •Frontend and backend implementation
• •Performance, reliability, and modernization work
• •Artificial intelligence and AI-enabled software development
• •Technical strategy, consulting, and engineering advisory services

The specific scope, deliverables, responsibilities, fees, timelines, ownership rights, confidentiality requirements, and other conditions for a project will be established in the applicable engagement agreement.

2. Website Purpose and Scope

The Website provides general information about Enksoft, our capabilities, our services, our approach to technology consulting, and ways to contact us.

Website content is provided for informational and business-development purposes. Nothing on the Website is an offer, guarantee, or commitment that Enksoft will accept a project, provide a particular service, reserve personnel, or achieve a particular result.

The Website does not currently purport to provide user accounts, public forums, subscriptions, or direct online purchasing. If those features are introduced, additional or updated terms may apply.

3. No Client Relationship and Separate Agreements

Visiting the Website, sending an email, submitting a contact form, requesting information, participating in an introductory discussion, or receiving a preliminary response does not by itself create a client, consultant, contractor, fiduciary, partnership, joint venture, agency, employment, or other professional relationship.

A consulting relationship begins only when Enksoft and the applicable client enter into or otherwise accept a written agreement, such as:

• •A consulting or master services agreement
• •A statement of work
• •A proposal accepted by both parties
• •A purchase order accepted by Enksoft
• •Another written engagement document

Enksoft may accept or decline a potential engagement at its discretion.

Any project agreement governs that engagement. These Terms do not replace or amend a project agreement. If these Terms conflict with a signed project agreement concerning consulting services, the project agreement controls that engagement.

4. Website Content Is Not Professional Advice

Information published on the Website is general in nature and should not be treated as:

• •Legal, financial, tax, accounting, regulatory, or investment advice
• •A cybersecurity certification, security audit, or compliance opinion
• •A formal technical assessment or architecture decision
• •A warranty or guarantee concerning a technology, product, service, or implementation

Technology decisions depend on requirements, infrastructure, budget, data, security, regulation, business needs, and team capabilities. You are responsible for evaluating Website information in your own circumstances and obtaining appropriate professional advice where necessary.

5. Consulting Inquiries, Estimates, and Preliminary Materials

You may contact Enksoft to discuss a potential project. You agree to provide information that is reasonably accurate and not deliberately misleading.

Submitting an inquiry does not guarantee:

• •A response within a specific period
• •Project acceptance or personnel availability
• •A particular price, schedule, scope, or outcome
• •That preliminary discussions will result in an agreement

Before a project agreement is accepted, any estimate, timeline, recommendation, proposal, demonstration, prototype, or scope description is preliminary, may rely on incomplete information, and may be revised after further discovery.

Unless a written proposal expressly states otherwise, a proposal or estimate may be withdrawn or revised before acceptance. Pricing, schedules, and deliverables become binding only as provided in an applicable written agreement.

6. Confidential and Sensitive Information

Do not send confidential, proprietary, regulated, or commercially sensitive information through the public Website or general contact form unless Enksoft has asked you to use an appropriate channel.

In particular, do not submit:

• •Passwords, API keys, private keys, or access tokens
• •Production database contents or sensitive production data
• •Payment card information
• •Government identification documents
• •Protected health information
• •Source code, trade secrets, or personal information requiring contractual protection

Submitting information through the Website does not create a non-disclosure agreement or duty of confidentiality beyond applicable law or an existing written agreement. If an inquiry requires confidential information, the parties may enter into a non-disclosure agreement or establish another appropriate process before disclosure.

Enksoft will not be responsible for a disclosure you make contrary to this section, except to the extent responsibility cannot lawfully be excluded.

7. Acceptable Use

You may use the Website only for lawful purposes and in accordance with these Terms.

You must not:

• •Violate applicable law or another person's rights
• •Attempt to gain unauthorized access to the Website, its servers, systems, accounts, or data
• •Probe, scan, or test a vulnerability without Enksoft's prior written authorization
• •Circumvent authentication, security, rate limits, robots exclusions, or access controls
• •Introduce malware, malicious code, corrupted data, or harmful content
• •Disrupt, overload, degrade, or interfere with the Website or another person's use of it
• •Scrape, crawl, harvest, or extract Website content or contact information through abusive or materially disruptive automated means
• •Use Website content to train or populate a competing dataset or automated system where doing so infringes Enksoft's rights or violates applicable law
• •Impersonate another person or misrepresent your identity, authority, or affiliation
• •Submit false, fraudulent, defamatory, threatening, unlawful, or infringing material
• •Use contact information from the Website for spam, unlawful marketing, or unsolicited bulk communications
• •Reverse engineer Website components except to the extent such a restriction is prohibited by law
• •Remove copyright, trademark, attribution, or proprietary notices
• •Frame, mirror, or reproduce a substantial part of the Website in a way that suggests an unauthorized association with Enksoft

Enksoft may restrict or block access where we reasonably believe these Terms have been violated or where necessary to protect the Website, Enksoft, our clients, or others. Enksoft may cooperate with lawful investigations and preserve relevant records.

8. Intellectual Property and Permitted Use

Unless otherwise stated, the Website and its content are owned by Enksoft or used with permission and are protected by applicable copyright, trademark, and other intellectual property laws.

Website content may include:

• •Text and written materials
• •Branding, names, logos, and visual identity
• •Graphics, illustrations, photographs, video, and other media
• •Page designs, layouts, software, and source code
• •Case studies, project descriptions, and portfolio materials

Subject to these Terms, Enksoft grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to access and use the Website for personal or legitimate internal business purposes.

You may make a reasonable number of copies of publicly available Website content for internal reference if you preserve all proprietary notices. You may not reproduce, republish, distribute, sell, license, modify, create derivative works from, or commercially exploit a substantial part of the Website without prior written permission, except as permitted by law.

"Enksoft" and associated branding may be trademarks or trade names of Enksoft. No licence to use them is granted except as necessary to identify Enksoft accurately and lawfully.

Nothing in these Terms transfers ownership of Enksoft's intellectual property to you. Intellectual property created, licensed, or used during a consulting engagement, including client materials, deliverables, background technology, and third-party components, is governed by the applicable project agreement and licences.

Case studies and portfolio references displayed on the Website do not transfer any rights in client names, trademarks, products, data, or confidential information. You may not imply endorsement by a referenced client or third party.

9. Feedback and Materials You Submit

If you voluntarily provide general feedback or suggestions about the Website or Enksoft's services, you grant Enksoft a non-exclusive, worldwide, royalty-free right to use that feedback to improve and develop our Website, services, and business, without an obligation to compensate you.

This right does not give Enksoft ownership of your confidential information, client materials, source code, trademarks, or other protected content. Do not include confidential information in feedback unless an appropriate agreement and secure process apply.

You represent that you have the right to submit any material you provide and that our authorized use of it will not violate another person's rights. Enksoft is not required to publish, retain, review, or act on submitted material.

10. Third-Party Websites, Technology, and Open-Source Software

The Website may link to or reference websites, platforms, products, software, or services operated by third parties. Enksoft does not control and is not responsible for their content, terms, availability, privacy practices, security, accuracy, or performance.

A link or reference does not necessarily mean Enksoft endorses, sponsors, or guarantees the third party. Your use of a third-party service is governed by that provider's own terms and policies.

References on the Website to third-party technology or open-source software do not modify the licence terms that apply to that technology. Any third-party or open-source components used in a client engagement remain subject to their applicable licences and the relevant project agreement.

11. Artificial Intelligence Information

The Website may discuss artificial intelligence, machine learning, automation, large language models, or AI-enabled products and services.

Such content is general information. It does not guarantee that a particular AI system will be accurate, complete, reliable, lawful, secure, unbiased, available, or suitable for a specific purpose. AI systems may produce incorrect, incomplete, infringing, or unexpected results.

Organizations considering AI-enabled solutions should assess their own data, security, privacy, intellectual property, regulatory, human oversight, and operational requirements. The use of AI tools in a client engagement is governed by the applicable project agreement, client instructions, provider terms, and agreed working practices.

12. Website Availability, Security, and Changes

We aim to keep the Website useful and available, but we do not guarantee uninterrupted, timely, secure, or error-free operation.

Enksoft may, at any time and without notice or liability:

• •Update, correct, restrict, or remove Website content
• •Change the Website's design, features, or functionality
• •Suspend access for maintenance, security, legal, or operational reasons
• •Discontinue all or part of the Website

Enksoft is not required to maintain every page, article, service description, link, or feature indefinitely. You are responsible for using appropriate security precautions when accessing any website, including maintaining current devices, browsers, and malware protection.

13. Disclaimer of Warranties

To the maximum extent permitted by law, the Website and its content are provided on an "as is" and "as available" basis, without representations, warranties, conditions, or guarantees of any kind, whether express, implied, statutory, or collateral.

To the maximum extent permitted by law, Enksoft disclaims implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and those arising from course of dealing or usage of trade.

Enksoft does not represent or warrant that:

• •The Website will always be available, timely, secure, or free from errors
• •Website content is complete, current, accurate, or suitable for every purpose
• •Defects or outdated information will be corrected immediately
• •The Website will be free from viruses or other harmful components
• •Any business, technical, financial, or operational result will follow from Website use

Nothing in these Terms excludes a warranty, condition, right, or remedy that cannot lawfully be excluded.

14. Limitation of Liability

To the maximum extent permitted by law, Enksoft and its owners, directors, officers, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, aggravated, or punitive damages arising from or relating to the Website.

This exclusion includes loss of profits, revenue, business opportunities, anticipated savings, contracts, goodwill, use, or data resulting from:

• •Use of or inability to use the Website
• •Reliance on Website content
• •Website interruption, error, or security incident
• •Third-party links, technology, content, or services
• •Unauthorized access to or alteration of information you submit

To the maximum extent permitted by law, if Enksoft is found liable for a claim relating to the Website and that liability cannot be excluded, Enksoft's total aggregate liability for all such claims will not exceed the greater of CAD $100 and the amount you paid directly to Enksoft specifically for Website access during the 12 months before the event giving rise to the claim.

The exclusions and limitations in these Terms apply regardless of the legal theory and even if a remedy fails of its essential purpose, but do not apply to liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow certain exclusions or limitations, so they apply only to the extent permitted in your circumstances.

This section concerns Website use only and does not replace liability terms in a separate project agreement.

15. Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Enksoft and its owners, directors, officers, employees, contractors, agents, and affiliates from third-party claims, liabilities, damages, judgments, and reasonable legal costs arising from:

• •Your unlawful or unauthorized use of the Website
• •Your material breach of these Terms
• •Material you submit through the Website
• •Your infringement or violation of another person's rights

Enksoft will provide reasonable notice of an indemnified claim where practicable. Enksoft may control the defence and settlement of the claim, and you agree to provide reasonable cooperation. Enksoft will not settle a claim in a way that admits your independent wrongdoing or imposes a non-monetary obligation on you without your consent, not to be unreasonably withheld.

This section does not require you to indemnify Enksoft for Enksoft's own unlawful conduct, gross negligence, or wilful misconduct, or for any matter that cannot lawfully be indemnified.

16. Privacy

Our collection and handling of personal information through the Website are described in the Enksoft Privacy Policy.

By using the Website or contacting Enksoft, you acknowledge that information will be handled as described in that policy, subject to applicable law and any separate written agreement.

17. Changes to These Terms

Enksoft may update these Terms to reflect changes to the Website, business practices, legal requirements, or operational needs. When changes are made, we will revise the "Last Updated" date.

Unless otherwise stated, updated Terms apply to Website use from the date they are posted. If a change is material, we may provide additional notice where appropriate or required. Your continued use after updated Terms are posted constitutes acceptance to the extent permitted by law. If you do not agree, stop using the Website.

18. Governing Law and Jurisdiction

These Terms and any dispute relating to the Website are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict-of-laws rules.

Subject to any mandatory consumer protection or jurisdictional rights, you and Enksoft irrevocably submit to the exclusive jurisdiction of the courts of British Columbia for disputes relating to the Website.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Governing law and dispute terms for consulting engagements are set out in the applicable project agreement.

19. Severability

If a provision of these Terms is found invalid, illegal, or unenforceable, it will be limited or severed only to the minimum extent necessary. The remaining provisions will continue in full force. The parties intend that any invalid provision be replaced, where legally possible, with a valid provision that most closely reflects its purpose.

20. No Waiver

If Enksoft delays or fails to enforce a provision, that does not waive Enksoft's right to enforce it later. A waiver is effective only if it is in writing and signed by an authorized Enksoft representative. A waiver on one occasion is not a waiver on another occasion.

21. Entire Agreement, Assignment, and Survival

These Terms, together with the Privacy Policy and notices expressly incorporated into them, form the entire agreement between you and Enksoft regarding Website use and replace prior discussions or understandings concerning that use.

They do not replace or amend a written agreement governing consulting, software development, or other professional services.

You may not assign or transfer your rights or obligations under these Terms without Enksoft's prior written consent. Enksoft may assign these Terms in connection with a merger, reorganization, sale of assets, financing, or transfer of all or part of its business.

Sections that by their nature should continue after termination or cessation of Website use will survive, including provisions concerning intellectual property, disclaimers, limitation of liability, indemnity, governing law, and interpretation.

Headings are for convenience only. "Including" means "including without limitation." These Terms do not create rights for a person who is not a party to them, except an Enksoft party expressly protected by Sections 14 or 15.

22. Contact Us

If you have questions about these Terms, contact Enksoft through:

Website: https://enksofttech.com/

You may also use the contact form or business email address published on the Website.