These General Terms of Service (“General Terms”, “Terms”) set out a legally binding agreement between (“Agreement“) between you and Enigma Incorporated Ltd, a company incorporated in England and Wales with number 12515127 (“ENIGMA NET” or “US“, or “OUR” or “WE“). This Agreement governs the terms relating to your use and experience of our websites, customer support, any interactive areas, user content areas, software, applications, features, content and other services (collectively known as the “Services”). These Terms also relate to the sale of any hardware by us including but not limited to any routers. These Terms are supplemental to an end user licence agreement, our DMCA Policy and our Privacy Policy.
Please note that the Terms constitute a binding legal agreement between you and Enigma Net. By visiting our websites, installing, and/or using the Services, you acknowledge that you have read the Terms, understand them, and agree to be bound by these Terms. If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and acknowledging that you have the authority to act on behalf of that organisation and commit to these Terms on behalf of that organisation. If you do not agree with these Terms or any provisions hereof, please do not install and do not use our Services.
Updates
Enigma Net may at any time update, change, add, modify, or delete these Terms upon reasonable notice in the light of changing circumstances. The most recent version applies to your use of the Services. If the changes affect your rights or obligations, we will notify you in advance by reasonable means, which may include notification through client applications, the website or email. Unless it is otherwise stated by us, each update of the Terms comes into force as soon as the amended Terms are published on our website. You hereby understand and agree that any continued use of the Services following any updates to these Terms, means that you voluntarily agree to be bound by the updated Terms.
Privacy
We take the protection of your privacy very seriously. If you would like to know more about our data collection and usage practices, please see our Privacy Policy.
Services
To use any of our Services, users must set up an account. You are solely responsible for all usage or activity on your account, including, but not limited to, use of the account by any person, with or without authorisation, who has access to any computer or device on which your account is accessible.
It is your responsibility to maintain the security of your account and to restrict access to it. You must not share your password or account access information with any other person in any capacity over any timeframe, and you hereby accept responsibility for all activities that occur under your account or password, whether authorised by you or not. You agree to notify us immediately of any unauthorised use of your account, username, or password – this can be done by contacting our support team on: support@enigmainc.co.uk.
You use our Services at your own risk. Notwithstanding that Enigma Net will use its reasonable endeavours to maintain the provision of the Services, the Services may be at any time updated, modified, interrupted, or suspended without notice. To the extent permitted by law, we do not bear any liability for any consequences to you caused by this. Enigma Net, its owners, agents, employees, and others that are involved with the Services are not in any way responsible or liable consequence resulting from or arising through or from the use of any account registered with the Services.
Price Terms
All prices are subject to change; this includes recurring subscription fees. However, any pricing changes will be expressly communicated to you in advance.
Payments made from gift cards will not be refunded.
Please note that we currently are not accepting payment in any cryptocurrency. We are still working on this offering. For payments made in cryptocurrency in the future, the equivalent amount in US Dollars will be refunded in the same cryptocurrency (based on the exchange rate at the time of the refund).
Subscription
Our paid services all operate on a subscription basis. You choose your service period and your payment method when signing up for our Services. Your subscription will automatically renew, and your chosen payment method will be charged in respect of each period of service, unless you choose to cancel your automatic payments before the end of the then-current subscription term. Any updated payment details in your account will be viewed as the preferred method of payment.
Occasionally, we or others on our behalf may offer a free or discounted trial for our Services. The duration of this free or discounted trial and other details will be clarified at the point of sign-up. We retain sole discretion over your eligibility, and to the extent permitted by law we may change or withdraw a free trial at any time, with or without notice. You consent and agree that we will charge you automatically for our Services at the end of the free or discounted trial period and if you do not want to be charged, you must cancel the subscription before the end of the free or discounted trial. This can be done by contacting our support team at support@enigmainc.co.uk, or alternatively, if you received a free or discounted trial from a third party or Reseller, by also contacting them.
Only basic payment information is processed by our third-party payment service and processing providers, whom we may use to collect and manage payments. Before using these third-party services, we recommend that you read and understand their terms and conditions, and privacy policies of such services as applicable and make sure that you agree to their terms.
Any and all fees charged by do not include taxes. However, we may calculate and add any taxes and/or additional fees, including but not limited to sales tax, value added tax and other taxes or fees under laws applicable to you. Such taxes and fees will be calculated according to the billing information provided by you to Enigma Net at the time of purchase.
Refunds and Cancellations
Initial faults or problems
Please inform Enigma Net about any fault or problem with the products or services by email at support@enigmainc.co.uk so we can help you.
As we seek your full satisfaction, we would like to troubleshoot any issues you may experience before you seek a cancellation and/or claim a refund. Some common configuration issues may hinder your service, and these may be easily fixed. Please contact our help desk at support@enigmainc.co.uk with any queries.
Before use, or within 30 days of order
Irrespective of any of your or our legal rights, you may cancel an order for goods or services with us directly within 30 days of the date of any order by contacting us via email at accounts@enigmainc.co.uk. This period for cancellation of a service may be extended by agreement in writing.
Resellers
All subscriptions and purchases made via a third party (including but not limited to the App Store, Google Play Store, Amazon or an authorised reseller (collectively, a “Reseller”) are subject to their own terms of service, and in such instances you would have to contact the respective Reseller’s support services should you wish to request a cancellation and/or refund for subscriptions and purchases bought through a Reseller.
Enigma Net cannot refund any subscriptions and purchases made from a Reseller. In this instance, cancellations and/or refunds are handled according to the Reseller’s terms of service.
Services – Subscriptions
Subject to conditions in the contractual terms, you are within your rights to cancel our services at any time; you can cancel a recurring subscription from your Enigma Net account, or via a Reseller. Any cancelled subscription will not be refunded for the unused element of the ongoing service period.
You will be charged the subscription fee agreed when you subscribed to use the software, the Services and the sites or the relevant fee on renewal of your subscription. Your subscription will be renewed automatically until you ask us to terminate it. You may send this termination request to: accounts@enigmainc.co.uk or cancel your subscription from within your account.
Goods – Refunds and returns policy & procedures
Irrespective of the terms of any manufacturer’s warranty or your or our legal rights, Enigma Incorporated Ltd (trading as Enigma Net) will exchange or refund the cost of any item purchased by any customer within 30 days of purchase if:
- you notify us by email at support@enigmainc.co.uk in order to arrange the collection of goods
- the items are sent back in their original condition and packaging with the proof of purchase from us or our agents
The period for exchange or return of goods may be extended by agreement in writing.
Goods – Manufacturer’s Warranty information
You must register your goods for warranty with the manufacturer online. The product purchased from us may have been manufactured by us or by a third party. Some third-party manufacturers will require you to complete and return a warranty card at the time of purchase. You should provide the manufacturer with the original proof of purchase consisting of the original invoice or sales slip indicating the date of purchase.
Prohibited and Restricted Uses
Your use of and access to our Services is subject to these Terms, and moreover all applicable laws and regulations. We reserve the right to terminate the accounts of, and block access to the Services for any users who infringe any applicable laws or these Terms at any time, with or without notice.
You agree that you shall not:
- use, assist, encourage, or enable others to use the Services for any unlawful, illicit, illegal, criminal or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in email, scanning for open relays or open proxies, sending unsolicited email or any version or type of email sent in vast quantities even if the email is routed through third-party servers, any pop-up launching, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited and dual-use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, scraping in any form or scale, digital piracy and other similar activities
- assault, interfere, gain unauthorised access, deny service in any way or form to any other network, computer or node through our Services
- exploit children in any way, including audio, video, photography, digital content, etc
- violate, infringe, or misappropriate other people’s intellectual property, privacy or other legal rights
- share anything that is illegal, abusive, harassing, or otherwise objectionable
- transmit any viruses or other computer instructions or technological means that disrupt, damage, or interfere with the use of computers or related systems
- attempt to circumvent any technological measure implemented by Enigma Net
- interfere with or disrupt the integrity or performance of the Service
- take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure
- sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way
- use any robot, spider, scraper, or other automated means to access our website or Services for any purpose without our prior written permission
- build a product using similar ideas, features, functions or graphics of the Service or copy any ideas, features, functions or graphics of the Services
- claim that you are the representative or agent of any of the Services, including any of its functionality
- threaten, stalk, harm, or harass others, or promote bigotry or discrimination
- attempt to gain unauthorised access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining, brute force or any other means
- violate general ethic or moral norms, good customs and fair conduct norms
- use the Services for anything other than lawful purposes
- use the Services for any military purpose, including cyber warfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons
- otherwise infringe or circumvent these Terms
In the circumstances set out in these Terms and any related agreements, we reserve the right to suspend accounts, refuse service, or limit access to our Services at our discretion. Such actions could be implemented by us instantly and without any notice, indication, or refund. We may request that you explain your actions and provide additional information, or suspend your account to investigate further. If your account has been suspended, you must contact us for further information.
You access and use our Services on your own initiative, and you solely are responsible for your compliance with a jurisdiction’s laws and regulations. We reserve the right to limit in any way we see fit the availability of the Services or any part thereof, to any person, geographic area, jurisdiction, or entity, at any time.
You are not allowed to use our Services if you are a minor (without parental consent), a business competitor of ours or our partners, if you are prohibited to access the Services, or if your account has been suspended or closed for any reason.
Any use of the Services by minors should only be done in full guidance and supervision and with the consent of their parents or guardians. We rely on parents and guardians to make sure minors only use the Services if they understand their rights and responsibilities as they relate to Enigma Net.
Consistent with law, Enigma Net does not knowingly collect personal data from minors without their parental consent. If we learn that we have accidentally obtained such information we will delete it promptly.
We encourage you notify us of any violation of these Terms by any of Enigma Net’s users; in such an instance, we may take appropriate action.
Indemnification
At your own expense, you agree to indemnify, defend and hold harmless Enigma Net, its subsidiaries and affiliates, parents, and their officers, directors, employees, agents, partners, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable legal fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of the Services, or any of your other acts or omissions.
Electronic Communication
You hereby consent to receiving electronic communications from us, for example by email, application, etc. and acknowledge that such notifications fulfil any legal requirement for communication in writing. Furthermore, you agree that we may communicate with you to advise you of changes or additions to the Services, about any of our products or services, or for such other purposes that are reasonable or required by law.
When interfacing with our public facing customer support representatives, you agree to be kind and courteous. If we feel that your behaviour towards any of our customer support representatives or any other employee of Enigma Net is at any time threatening or rude, we reserve the right to immediately terminate your user account.
Application Platform Terms– Apple Inc.
If you downloaded our applications from Apple Inc.’s (“Apple”) App Store or if you are using the Services on an iOS device, you consent that you have read, understood, and agree to this notice in relation to Apple:
These Terms are concluded between you and Enigma Net, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance or support services for the Services to the extent that the Services fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (1) product liability claims; (2) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government or U.K. Government embargo, or that has been designated by the U.S. Government or U.K. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government or U.K. Government list of prohibited or restricted parties.
Hardware
If you purchase any hardware from us, including but not limited to any routers, and you are a consumer in the United Kingdom, you will have all of the rights afforded to you under the Consumer Rights Act 2015 and no other rights.
If you are a corporate customer of any hardware from us, you should undertake your own due diligence to ensure goods are fit for purpose, of satisfactory quality, and are as described.
Miscellaneous
We reserve the right to update, change, add, modify, or delete any of our terms and conditions of the Terms any part thereof at any time, including the availability of any features on reasonable notice and on reasonable grounds as the software and the Services evolve and change and as circumstances change. By continuing to use the software, the Services and the sites following any revision of their functionality or this Agreement you demonstrate your complete and binding acceptance of any and all such changes. If you do not consent to being bound by the amended Terms, you may not use or access (or continue to use or access) the software, the Services or the sites.
If you are a corporate body, the Terms are entered on the basis of the following representations and warranties:
- Each individual with whom we deal is fully empowered by you to agree to the Terms and all necessary action to authorise approval of the Terms has been taken
- Each individual with whom we deal on your behalf warrants that he/she has full authority, power and capacity to agree to the Terms and will take all necessary actions to enable you to lawfully agree to these Terms
- You are a company duly incorporated and in good standing under the relevant laws of its jurisdiction
- You will comply with all relevant laws, rules, regulations, decrees and other ordinances issued by any supra-governmental, governmental, state or other authority
- You are not a “consumer” and you will not claim any rights as a “consumer” under any relevant legislation
If you are a corporate body, no reliance should be placed on any representation made but not expressly contained in these Terms.
If you are a corporate body, the Terms and any associated contracts may be terminated by us without notice if we have reasonable grounds to believe that you are insolvent or have entered any arrangements with your creditors or if an administrative receiver is appointed over your business, property and/or assets.
If any part/provision of these Terms is found to be invalid, that provision will be eliminated or limited or to the minimum extent possible so that these terms will otherwise continue in full force and effect and be enforceable.
You may not assign these Terms, any rights under them, or delegate any obligations to be performed under these Terms without the prior written consent of Enigma Net. Enigma Net may assign its rights under these Terms to selected third parties without seeking your consent, including but not limited to cases of corporate reorganisation, mergers, acquisitions, sales or transfers of all or substantially all of company assets.
These Terms shall be governed by the substantive laws of England, without regard to its choice of law provisions. You agree that the courts of general jurisdiction located in England will have exclusive jurisdiction over all disputes arising out of or relating in any way to these Terms or the Services.
For all purposes, the English language version of the Terms shall be the original, governing instrument and understanding between you and us. In the event of any conflict between this English language version of the Terms and any subsequent translation into any other language, the English language version shall govern and control.