(Last modified September 21, 2020)
Welcome to Eno! We hope you will enjoy and appreciate using our “Services”, which may be visiting or using the website at https://enophone.com/ or any subdomain thereof (the “Website”), or using the Eno headphone (the “Enophone”) or the Eno application (the “Enowork App”) on your desktop or laptop computer (“Computer”).
The Services are owned and operated by Mindset Innovation Inc., the company that owns and operates the Eno brand (“Eno”), a Canadian corporation located in Montréal, Canada at the address listed below. Where the present TOU refer to “Eno” they may refer to Mindset Innovation Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Eno and / or its Representatives. In these TOU, a Services user may be referred to as “you” or “your”. When a Services user is logged in to the Enowork App, he, she or they may be referred to as a “Logged-in User”.
Eno reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL or in the Enowork App. It is your responsibility to check the TOU periodically for changes. Your use of the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with Eno, we will use commercially reasonable efforts to notify you by posting a prominent notice on the Enowork App, or if you have an Enowork App account, by email to the email address associated with your account.
If you have any questions about the TOU, please contact:
Eno Legal Services
Eno Legal Services
500 St-Jacques Street, Suite 410
H2Y 1S1, Canada
If you have any questions regarding the Services or your account, please contact firstname.lastname@example.org.
In addition to the more specific rules found elsewhere in these TOU, you agree that by interacting with the Services in any way, you agree to:
The Enophone is a set of noise-cancelling headphones built to help you stay focused at work. The Enophone is designed to be one-size-fits-all and Eno does not guarantee that the Enophone will provide every Services user with the same level of fit and comfort. The Enophone’s built-in sensors measure electrical activity in your brain, which allows for the tracking of your focus level, productivity habits and brain health. Without limiting the generality of the Disclaimers and Limitation of Liability sections elsewhere in these TOU, Eno in no way guarantees that the Enophone is meant to act as a treatment for any medical condition or to provide you with medical information about the operation or functionality of your brain. Eno does not guarantee (i) any specific level of improved productivity from the use of the Enophone; or (ii) any specific degree of accuracy with respect to the data generated by the Enophone and displayed in the Enowork App.
Eno offers a 30-day guarantee on the Enophone, meaning that you have 30 days from the date of purchase to test out the Enophone and to return it to us for a full refund, no questions asked. This 30-day guarantee only applies to Services users who have purchased the Enophone since August 1, 2020. Any Enophone purchased prior to August 1, 2020 is not eligible for the 30-day guarantee. Following this 30-day period, Eno does not accept any returns or refunds of the Enophone.
Eno also offers a limited manufacturers’ 1-year warranty from the date of purchase on the Enophone with respect to any manufacturing failures or defects. This 1-year warranty applies to all Services users, regardless of the time and source of purchase. Please contact Eno at email@example.com for additional information on the guarantee and warranty, or to activate either, as required.
Quebec Legal Warranty: If you are a resident of the province of Quebec, the Quebec Consumer Protection Act provides Quebec consumers with a warranty on all goods purchased or leased from a merchant. The goods purchased must be usable: (i) for the purposes for which they are ordinarily used (Section 37 of the Act); and (ii) in normal use for a reasonable length of time, which may vary according to the price paid, the terms of the contract and the conditions of use (Section 38 of the Act). For more information on this legal warranty, go to the website of the Office de la protection de la consommateur at www.opc.gouv.qc.ca.
In order to be able to use the Enophone in connection with the Enowork App, or simply to use the Enowork App itself, you will be required to create an account. Accounts are available to anyone who downloads the Enowork App from a Third-Party Application Distributor who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in these TOU. Accounts may be approved or rejected by Eno, which shall be at our sole discretion.
As part of the account registration, you may be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your account, whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account.
Eno reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described hereinbelow.
In order to create an account with the Enowork App, you affirm that you are at least sixteen (16) years of age or over, or the age of majority in the jurisdiction in which you reside and from which you access the Services where the age of majority is greater than sixteen (16) years of age.
By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Services, at our sole discretion.
If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. Eno and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.
You acknowledge that: (a) the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Eno, its Representatives and/or third parties (via license) own all right, title and interest in and to the Services and content that may be presented or accessed through the Services (except for User Content as defined below), including, without limitation, all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Eno and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.
You agree that you will not, and will not allow any third party, to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, or content that may be presented or accessed through the Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; or (iii) remove, obscure, or alter Eno’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.
The content, arrangement and layout of the Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Eno, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Eno, or as permitted by the functionality of the Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Services, Computer Code, images, logos, videos, audio or trademarks found on the Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Eno may take action accordingly.
If you choose to communicate to Eno (via any means) suggestions for improvements to the Services or any idea or proposal related to Eno or its businesses or properties (collectively, “Feedback”), Eno shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Eno and waive in favor of Eno, its successors and assigns all your moral rights in the Feedback; and agree to provide Eno such assistance as Eno may require to document, perfect, and maintain Eno’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Eno, you are not entitled to any compensation or reimbursement of any kind from Eno under any circumstances.
As a visitor of the Website or as a Logged-in User, you may use the Enowork App or the Website to create and submit text, including but not limited to comments and posts. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content, you agree to be bound by Eno policy for User Content as described in this section (the “User Content Policy”).
When you submit User Content, you acknowledge and agree to the following:
Where you are accessing or downloading User Content, you acknowledge that any use of User Content accessed or downloaded by you while using the Enowork App or the Website is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and Eno disclaims any responsibility in this regard.
If you as a Website visitor believe that a user has posted User Content that violates these TOU, please contact us at firstname.lastname@example.org so that we may conduct an inquiry. Eno retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.
Depending on the User Content, User Content may or may not be edited, curated or otherwise modified or checked by Eno prior to posting or display. Eno reserves the right, in its sole discretion, to refuse to display any User Content, or to remove or modify immediately and without notice any User Content that violates the User Content Policy, or for any other legitimate reason.
Eno and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, our removal or modification thereof, and disclaims any responsibility in this regard. To the fullest extent permitted by law, Eno assumes no liability or responsibility to any person with respect to any User Content including, but not limited to, defamation, errors, obscenity, falsehoods or omissions that may be encountered within any User Content.
In no way will Eno be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Enowork App or the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
From time to time, the Enowork App or the Website (or any portion thereof) may be unavailable for brief periods of time for maintenance and / or modifications to the Enowork App or the Website. While we will endeavour to make this unavailability as brief as possible, Eno and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Enowork App or the Website, and disclaims any responsibility thereto.
Eno may also, in its sole discretion and at any time, discontinue providing the Enowork App or the Website, or any part thereof, with or without notice. You agree that Eno and its Representatives shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Enowork App or to the Website, or from Eno’s termination of the Enowork App or the Website or any part thereof.
Termination of the Enowork App or the Website or your access to the Enowork App or the Website shall terminate the present TOU as between you and Eno. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, the intellectual property provisions, disclaimers, indemnity and limitations of liability.
You expressly understand and agree that your use of the Services, the information thereon (whether provided by Eno or third parties) or any activity arising from your use of the Services or the information thereon or the materials downloaded therefrom is at your sole risk. The Services, any materials downloaded therefrom, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your Computer or loss of data that results from the download, stream or access of any material obtained through the use of the Services or any other functionalities of the Services, or losses or damages (financial or otherwise) resulting from your use of the Services, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Services, the information thereon or any materials downloaded therefrom.
The information or resources provided through the Services, written or produced by Eno staff, freelance writers or other subcontractors hired by Eno are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. Eno and its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Services or the information thereon, or your reliance on such information whether the information is correct or not.
Eno expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from viruses and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Eno, its affiliates and their respective Representatives, do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected (other than as may be corrected by the Enophone warranty as set forth in section 5); (iii) any content (whether provided by Eno or third parties) available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services or any content downloaded will meet your requirements.
Some of the content displayed on the Services may include elements that belong to or are provided by third parties. You acknowledge that Eno assumes no responsibility for such content.
To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Services, or any other website to which we link, and all operations on the Services are warranted only to the minimum amount legally required.
To the maximum extent permitted by law, Eno shall not be liable and assumes no responsibility for any loss or damages whether pecuniary or otherwise arising from or relating to the information available through the Services or downloaded therefrom, the use of the Services, activities arising from your use of the Services, or any third-party materials on the Services or available through the Services.
To the maximum extent permitted by law, in no event will Eno or its Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Services or your use, misuse or inability to use the Services, even if Eno has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
These TOU and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Québec, Canada and the federal laws of Canada applicable therein in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Eno shall be brought exclusively in the courts located in the Judicial District of Montréal, Canada. Notwithstanding the foregoing, Eno shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montréal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montréal court.
© Mindset Innovation Inc., 2020