Welcome to the Terms of Service for the enQ website. This is an agreement (“Agreement”) between EnQ, Inc. (“enQ"), the owner and operator of www.callenq.com (“Site”), which may offer services or products (collectively referred to as the “Platform”) and you (“you”, “your” or “user(s)”), a user of the Site and Platform.
Throughout this Agreement, the words “enQ,” “us,” “we,” and “our,” refer to our company, EnQ, Inc. and our Site or Platform, as is appropriate in the context of the use of the words.
Description of Platform
EnQ provides a seamless calling solution to its users, by allowing users to reduce their wait times and receive priority service when calling the IRS. Users simply have to sign up for a limited free trial to receive priority calling for a limited time. To continue using the platform beyond the free trial, users must upgrade to a paid plan (“Plan”). Through the Platform, users shall receive an estimated wait time for all calls to the IRS. Please be aware that all wait times are approximate.
Signing Up for enQ Service
Once you have properly created an account and received your PIN, you will be able to access the services offered by enQ via the Platform. Simply call the toll free number provided by enQ and enter your PIN. EnQ shall provide you with the estimated wait time (“enQ Wait Time”) to connect to the IRS call center and you may follow the prompt to accept the call via enQ. Once the call has been accepted by you, the minutes allocated to your Plan shall be deducted in accordance with your call time, measured from when enQ connects you to the IRS line. Please be aware that all enQ estimates for enQ Wait Times are solely estimates for how long a user shall have to wait on the line using enQ, there may be additional wait time once your are connected to the IRS. EnQ cannot provide you with any estimates for any IRS wait times.
Although we strive to provide accurate estimates for the enQ Wait Time, please understand that both the enQ Wait Time is only an approximate estimation. Thus, we cannot be responsible for any additional wait time that you experience while using our Platform. EnQ does not guarantee, represent, or warrant any enQ Wait Times are accurate or precise. The enQ Wait Times quoted are best estimates based on past data and user activity and are for informational purposes only. As none of the wait times are exact, you agree to release us from any liability related to or associated with any wait times above the estimated enQ Wait Time. However, as we wish to provide you with excellent service, if you feel that your wait time was excessive in relation to the quoted enQ Wait Time, please contact us at firstname.lastname@example.org.
Connection and Equipment
In order to place calls and connect with our Platform users may be required to purchase or maintain additional equipment such as phone lines, internet connections, and phone equipment. EnQ is not responsible for providing such equipment and under no circumstances will we be responsible for any additional equipment required by the user to access the Platform. Please be aware that you are fully responsible for these requirements. Failure to obtain these requirements may result in unavailability or errors in the Platform. Additionally, you agree that that no form of calling is error-free and that enQ cannot be responsible for any interruption to the Platform due to faulty equipment, faulty transmission systems, power outages, weak signal strength, or other interruptions in transmission services. You understand that both wireless and wired systems may become disrupted at times and may cause you to lose your connection with the Platform. Please be aware that we are not responsible for any disconnections and you will be charged in accordance with our stated pricing, even in the event of a disconnection. However, in an effort to provide excellent service, enQ may chose at its discretion to automatically refund minutes under certain disconnect scenarios. While we aim to provide you high quality service through our Platform, all services may not be available 100% of the time. The Platform may be subject to interruptions for a variety of reasons, including Wi-Fi connectivity, mobile issues, cellphone service, and service provider uptime.
No Government Affiliation
The Site and Platform are not owned or operated by, nor affiliated with any US federal, state, or local agency or any foreign government. The Platform may display government agency names and information, however all such content is for informational purposes only. Although we may use the names of a governmental agency for informational purposes, we do not claim any authority to act on behalf of, nor that we are endorsed, sponsored, or sanctioned by, the US government or any foreign governments.
Use of ENQ
When using our Platform, you are responsible for your and for any use of enQ made using your account. You agree not to access, copy, or otherwise use the enQ Platform, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by enQ. You agree to abide by the following:
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but enQ reserves the right to suspend or terminate any account at any time without notice or explanation.
Our License Grant to You
After signing up for our Site and purchasing access where applicable, we grant you a personal, non-exclusive, fully revocable, non-commercial, limited license to use our Platform and access our Site. As a user, you do not receive any ownership interest in any portion of our Site or the Platform; you merely receive the aforementioned license listed above. All rights not explicitly granted are reserved for enQ. If you wish to terminate this license please notify us immediately or simply stop using the Site.
Please be aware that you are responsible for your use of our Platform. Additionally, you agree to abide by the following licensing restrictions listed below:
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Platform at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm us or any of our users. Failure by us to revoke your license does not act as a waiver of your conduct.
Site and Platform Availability
Although we will try to provide continuous availability to you, we do not guarantee that the Site or Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Site. You agree and acknowledge that the Site uses remote access and may not always be either 100% reliable or available. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Site will work as stated, or that it will give you any desired results.
Modification of Platform
We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
Please be aware that our Platform and any information found within it are offered “as-is.” Any content found on enQ is offered only for informational and educational purposes. We cannot guarantee that using our Platform or Site will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Site and Platform. By using the Site or Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from enQ with respect to such actions or omissions.
The name enQ, the design of the enQ Platform and Site along with the enQ created text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. EnQ reserves all rights not expressly granted in and to the Platform and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Platform unless we have given express written permission.
EnQ may offer free trials for the services provided by the Platform. Please be aware that any free trials may be subject to additional restrictions as listed. EnQ reserves the right and final discretion to decide whether to continue or discontinue any free trials. If you elect to upgrade your plan during your free trial, your free trial will end immediately and your credit card will be charged. However, if you upgrade during your free trial, your unused trail minutes will convert to roll-over minutes, subject to the roll-over minute cap.
You can upgrade to a paid Plan at any time. Each Plan that you select is monthly and shall be billed and charged automatically until you terminate your Plan. Each Plan listed shall have allotted minutes as stated on the Plan. Each Plan includes the abilty to roll-over minutes up to the roll-over cap. If you exceed your Plan monthly minutes and any saved roll-over minutes, each additional minute shall be billed to you based on the plan prorated calculation.
In order to continue using the Platform after your free trial, you must subscribe to a Plan. Once you have subscribed to a Plan you may continue using the enQ services via the Platform. You may make a call using the Platform at any time by calling the number provided and entering your PIN. EnQ shall then provide you with the estimated enQ Wait Time. If you decide to connect please follow the verbal prompts. Call minutes are measured starting from when enQ connects you to the IRS line and end to when you hang up the call. Call minutes are deducted from your Plan when you hang up the call. All partial minutes shall be rounded down to the nearest tenth of a minute. Your remaining Plan minutes for the month and roll-over minutes shall be listed in your account dashboard. If you exceed your Plan monthly minutes and accrued roll-over minutes, each additional minute shall be billed to you based on the proration of your current plan. For example, if you exceed your monthly Plan by 10 minutes and your monthly Plan is $49/month for 300 minutes/month, you will be charged an additional $1.63 (calculation: 10 min * ($49/300 min/month)) for the extra minutes. Plan minutes, roll-over minutes, and trial minutes have no cash value and cannot be refunded.
All Plans includes roll-over minutes capped at three times your Plan minutes. At the end of your billing cycle, unused minutes roll over to the following month subject to the roll-over minute cap. For example, if your monthly Plan is $49/month for 300 minutes/month, you may accrue up to 900 roll-over minutes. Unused roll-over minutes expire 3 months after accruing them.
If enQ determines that your call was disconnected by the IRS very soon after enQ connected you to the IRS line, enQ may, on a best-efforts basis and at its discretion, choose to refund those minutes for that call even though it has no obligation to do so.
Subscription and Payment
In order to use and access portions of the Site and Platform, you may be required to pay a monthly subscription fee or other fee as listed on the Platform. You agree to pay the fee listed on the Platform upon sign-up or upon the expiration of your free trial. If you have subscribed for monthly automatic billing, YOU HEREBY AGREE AND AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON A MONTHLY BASIS. Your credit card information will be shared with our third party payment processor. By submitting your payment information you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us, and you must agree with our payment processor’s policies. You may cancel at anytime.
EnQ may increase the price of their Plans or adjust the Plan minutes after any monthly subscription cycle and enQ reserves the right to do so. In the event of a price increase, enQ shall notify users. User agrees that that enQ has no obligation to offer any services for a price or Plan minutes that was offered to user in the past.
You may cancel and terminate your subscription by stopping payment or notifying us via your account dashboard or contacting us at email@example.com. Please be aware that you will be responsible for all fees that have accrued up until the termination date. If you cancel or terminate your plan, you will lose your minutes including: Plan minutes, trial minutes, and any roll-over minutes that have accrued. Upon termination you will not be entitled to any refunds or proration of any subscription fees paid except as stated in this Agreement. We may terminate your subscription if we determine that: (1) you have violated any applicable laws while using our Platform; (2) If you have violated this Agreement or any other of our agreements pertaining to your use of our Platform; or (3) if we believe that any of your actions may harm enQ, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
As we offer access a unique service via the Platform, we have instituted a no-refunds policy for all calls and Plan purchases. However, if you feel that there are extenuating circumstances that warrant a refund, please contact us at firstname.lastname@example.org. Please be aware that any refunds or crediting of your Plan made by us, shall be solely at our discretion.
We attempt to protect ourselves from chargebacks by employing different fraud detection methods. In the event of a chargeback we will notify you immediately. If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. In the event that we believe that you have submitted a fraudulent chargeback, we will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. Therefore, at the time of payment we may collect all applicable taxes related to your use of the Platform and Site. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you.
Toll Free Calls Outside of the Contiguous 48 States
All users shall be provided a toll free number to call the enQ Platform. Please be aware that if you are calling from outside of the contiguous 48 states there may be additional fees or minute deductions for your toll free calling when using the Platform. All additional fees, minute deductions, or charges shall be listed on the Site. If you have any additional questions regarding the charges or deductions please contact us.
Your Usage Information
Representations and Warranties
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ENQ, INC., NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM OR SITE; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ENQ OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
ENQ DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. ENQ DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. ENQ DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND ENQ SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
Limitation of Liability
IN NO EVENT SHALL ENQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR IN OR AT THE PROPERTY WHERE THE PLATFORM OR THE ENQ EQUIPMENT HAS BEEN USED, WHETHER AS A RESULT OF BURGLARY, THEFT, FIRE, SMOKE, PHYSICAL HARM TO ANY PERSON, THE CONDUCT OF ANY PERSONS IN OR ON THE PROPERTY, OR OTHERWISE . THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by ENQ’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO USE OUR PLATFORM.
You agree to defend, indemnify and hold harmless EnQ, Inc., its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
This defense and indemnification obligation will survive this Agreement and your use of the enQ Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously, and we plan to abide by the Digital Millennium Copyright Act of the United States of America. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
You must sign this notification and send it to our Copyright Agent: Copyright Agent of ENQ, email@example.com.
Choice of Law
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.
Any dispute relating in any way to your visit to the Site or our Platform shall be submitted to confidential arbitration in Los Angeles County, CA. Arbitration under this Agreement shall be conducted pursuant to the applicable rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Los Angeles County, CA.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with enQ are deemed to conflict with each other’s operation, enQ shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Platform and may terminate our Site and Platform at any time and for any reason.
Termination of Your Access
If we determine that any of your actions may harm ENQ, we may terminate or suspend your account, or our Platform without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate Platform, you must cease using our Site or Platform. If you wish to terminate your use of our Site or Platform, simply discontinue use of the Site and Platform. In the event that you terminate your account, all information may be deleted and unrecoverable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Platform and may terminate our Site and Platform at any time and for any reason.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Platform.
The communications between you and enQ use electronic means, whether you visit the Site or Platform or send enQ e-mails, or whether enQ posts notices on the Site or Platform or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from enQ in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that enQ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about enQ must be sent to our agent for notice to: firstname.lastname@example.org
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: January 16, 2017