Terms of Service

  1. Your Acceptance

    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.

    By clicking "I agree", accessing our Site, or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Service or Privacy Policy and may notify you when we do so. PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS RECURRING BILLING, ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.

    If you do not agree to the Terms of Service or the Privacy Policy please cease using our Site and Platform immediately. Users of our Platform must be 18 years of age or older.

  2. 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 trial to receive priority calling for a limited time. To continue using the platform beyond the 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.

  3. Signing Up for enQ Service

    Users may be required to sign up before accessing portions of the Site or Platform. Your information will be collected and disclosed in accordance with our Privacy Policy. Upon sign up we may collect your credit card information and other relevant billing information. Users are required to provide truthful and accurate information when signing up to our Site and Platform and must be over the age of 18. Users may only sign up for one account and may not sign up for others. Upon proper signing up, you will be issued an account name and a pin number ("PIN") to identify you when you decide to call and access our Platform. Please keep your password information and your PIN safe and secure. You are solely responsible for any use of your account including any unauthorized use of your PIN. If you believe that your account information or PIN has been compromised please contact us immediately at support@callenq.com.

  4. Using enQ via a Callback Call.

    For the avoidance of doubt, the use of the enQ PIN or callback services indirectly through a third party platform or provider is covered by this Agreement to the same extent as the direct use of the Site or Platform.

  5. enQ Services

    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") and a rate ("credits per minute") to connect to the IRS call center and you may follow the prompt to accept the call via enQ. By using the Site or Platform, you expressly agree to only provide a callback number that you have access to and is for your personal use, and consent to receive calls from enQ to that number. Once the call has been accepted by you, the credits 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 you are connected to the IRS. enQ cannot provide you with any estimates for any IRS wait times.

  6. 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 support@callenq.com.

  7. 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 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 choose at its discretion to automatically refund credits 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.

  8. 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.

  9. 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:

    • You will not copy, distribute or disclose any part of the Site or the Platform in any medium, including without limitation by any automated or non-automated "scraping";
    • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Platform;
    • You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
    • You will not use automated bots or other software to send more messages through our Platform than humanly possible;
    • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
    • You will not collect or harvest any personally identifiable information, including account names, from the Platform;
    • You agree not to libel, defame, stalk, harass, bully or harm another individual who uses our Site or Platform;
    • You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
    • You agree that you are solely responsible for your use of our Site or Platform, that enQ is simply operating as your agent when you initiate a callback request, and that you will not hold enQ responsible in any way for your use of our Site or Platform;
    • You agree that you will not hold enQ responsible for your use of our Site or Platform;
    • You agree not to violate any requirements, procedures, policies or regulations of networks connected to ENQ;
    • You agree not to interfere with or disrupt the Site or Platform;
    • You agree not to hack, spam or phish us or other users;
    • You agree to provide truthful and accurate content;
    • You agree to not violate any law or regulation and you solely are responsible for such violations;
    • You will not use our Site or Platform to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
    • You agree not to use our Platform for any illegal or other unlawful activity; and
    • You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party's website, such as by requesting its removal from a search engine.
    • You agree to comply with any and all applicable state and federal laws and regulations governing telecommunication within the USA, including without limitation, The Consumer Protection Act (TCPA) and any other laws or regulations promulgated by the Federal Trade Commission, the Federal Communications Commission, and Do Not Call List registry rules. It is your full and sole responsibility to consult, research, understand and adhere to applicable laws and regulations when using the Site or Platform.

    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.

  10. 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:

    • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it.
    • You may not use the Site or Platform to initiate callbacks from enQ to or for anyone other than yourself.
    • You may not share your license with any other parties.
    • You may not violate or infringe other people's intellectual property, privacy, or other rights while using our Site or Platform.
    • You may not violate any laws, rules or procedures of the United States.
    • You may not violate any of our additional policies.
    • You may not use our Site or Platform except through specific channels provided by us.
    • You may not use the Site or Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
    • You may not attempt to interfere with or disrupt our Platform in any way.
    • You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Site.

    Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we reserve the right to revoke your license to use our Platform at our discretion. Additionally, we reserve the right to 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.

  11. 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.

  12. 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.

  13. Platform Disclaimer

    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.

  14. Intellectual Property

    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. This includes enQ dynamic rate ("credits per minute") information. Sharing the enQ dynamic rate information publicly may result in losing access to the dynamic rate sheet or suspension of the enQ service.

  15. Trials

    enQ may offer trials for the services provided by the Platform. Please be aware that any trials may be subject to additional restrictions as listed. enQ reserves the right and final discretion to decide whether to continue or discontinue any trials. If you elect to upgrade your plan during your trial, your trial will end immediately and your credit card will be charged. However, if you upgrade during your trial, your unused trail credits will convert to roll-over credits, subject to the roll-over credit cap.

  16. Plans

    If you are on a trial, 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 credits as stated on the Plan. Monthly Plans includes the ability to roll-over credits up to the roll-over cap. If you exceed your Plan monthly credits and any saved roll-over credits, each additional credit shall be billed to you based on the plan prorated calculation.

  17. Credit Calculations

    In order to continue using the Platform after your 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 and credit per minute rate. If you decide to connect please follow the verbal prompts. Billed call time is measured starting from when enQ connects you to the IRS line and ends when you hang up the call. enQ credits are deducted from your Plan when you hang up the call. The Billed call time increment is 1 second. Your remaining Plan credits for the month and roll-over credits shall be listed in your account dashboard. If you exceed your Plan monthly credits and accrued roll-over credits, each additional credit shall be billed to you at a rate of $0.01/credit. For example, if you exceed your monthly Plan by 500 credits, you will be charged an additional $5.00 for the extra credits. Plan credits, roll-over credits, and trial credits have no cash value and cannot be refunded.

  18. Roll-over Credits

    enQ's monthly plans includes roll-over credits capped at three times your Plan credits. At the end of your billing cycle, unused credits roll over to the following month subject to the roll-over credit cap. For example, if your monthly Plan is $300/month for 30k credits/month, you may accrue up to 90k credits. Unused roll-over credits expire 3 months after accruing them. enQ's yearly plans do not include roll-over credits.

  19. Changing Plans

    You can change plans at any time. Upgrading from a yearly plan to a monthly plan, you will be able to keep your unused credits as roll-over credits. Changing your plan from a monthly plan to a yearly plan will not be able to keep their existing roll-over credits.

  20. Credit per Minute Rate

    enQ's rate ("credits per minute") is dynamic as function of supply and demand. The credit per minute rate may vary depending on the department called and time of day called. For example, the rate for a popular IRS department at 7am EST may be significantly less than the same department at noon. The rate for a low demand IRS department may be low regardless of the time of the day. Supply is defined as the quantity and difficulty in reaching an agent at a particular department / time of day. Supply is limited as the IRS answers a finite number of calls per day. In addition, reaching an IRS agent can be difficult due to the IRS' courtesy disconnects and long hold times. Demand is defined as the number of enQ customers desiring to connect to those agents at that particular department / time of day. enQ’s objective is to charge the lowest credits per minute rate that provides an adequate level of service balancing the supply and demand across all of its customers.

  21. Fair Usage

    enQ's fair usage policy offers unlimited legitimate calls. We want to give our customers the opportunity to call again if they get disconnected for whatever reason.

  22. Guarantee

    Although enQ endeavors to provide excellent service, it cannot offer a hard connection time guarantee in reaching an IRS agent. enQ does not control the IRS and cannot force the IRS to answer the phone. The IRS regularly disconnects calls with the following message:

    "We are sorry, but due to extremely high call volume in the topic you requested, we are unable to handle your call at this time. Please try again later or on our next business day. Thank you."
    This disconnect message can persist for 30+ minutes. These periods of disconnects also make it difficult for enQ to provide an accurate hold time estimate. enQ reserves the right to change the guarantee at any time.

  23. Involuntary Disconnects

    If enQ determines that your call was dropped by the IRS very soon after enQ connected you to the IRS line, enQ will not bill you for that call. enQ reserves the right to define exactly what very soon means, but typically it is a few minutes. Beyond what is stated above, enQ does not compensate for dropped calls. This is because enQ does not monitor the customer's call and cannot verify the legitimacy of a dropped call claim. Calls can drop anywhere in the path between the customer to enQ to the IRS. enQ invests significant monies in it's infrastructure and premium carrier connectivity. enQ has no control over the IRS call center, which can drop calls.

  24. 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 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.

  25. Account Deposit

    enQ subscription fees are paid at the end of the month. However, an initial account deposit is collected/updated when a subscription is created or changed. The account deposit will be applied to the final invoice upon cancellation. In general, the account deposit is $300 for users on the standard $300/mo plan. enQ reserves the right the update the deposit amount so that it is reflective of your monthly usage. For example, if your monthly usage is regularly $1,000/month, enQ may increase your account deposit to $1000.

  26. Price Increases

    enQ may increase the price of their Plans or adjust the Plan credits 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 enQ has no obligation to offer any services for a price or Plan credits that was offered to user in the past.

  27. Termination

    You may cancel and terminate your subscription by stopping payment or notifying us via your account dashboard or contacting us at support@callenq.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 credits including: Plan credits, trial credits, and any roll-over credits 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.

  28. Refunds

    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 support@callenq.com. Please be aware that any refunds or crediting of your Plan made by us, shall be solely at our discretion.

  29. Chargebacks

    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.

  30. Taxes and Fees

    Imposition of Taxes and Fees. All charges for the enQ services are exclusive of any Taxes and Fees (as defined below). Except for taxes based on enQ's net income or for taxes which you possesses an exemption certificate, you shall be responsible for payment of all applicable taxes that arise in any jurisdiction, including, without limitation, federal, state, local and jurisdictional taxes, fees, surcharges and other regulatory, compliance and/or cost recovery fees, mandated or non-mandated applicable to your use of the Platform and Site, and all other products or services provided by enQ (collectively "Taxes and Fees"). Taxes and Fees are subject to change without notice

    Tax and Fee Exemptions. If you are entitled to an exemption from any Taxes or Fees, you is responsible for presenting enQ with a valid exemption certificate (in a form reasonably acceptable to enQ). enQ will give effect to any valid exemption certificate provided in accordance with the foregoing sentence to the extent it applies to any service billed by enQ to Customer following enQ's receipt of such exemption certificate. Provided that enQ timely identifies the Taxes and Fees payable by you, you shall indemnify, defend and hold enQ harmless from payment and reporting of all such Taxes and Fees, including costs, expenses, and penalties incurred by enQ in settling, defending or appealing any claims or actions brought against enQ related to, or arising from, your non-payment of Taxes or Fees.

    For more information please follow a link

  31. 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 credit deductions for your toll free calling when using the Platform. All additional fees, credit deductions, or charges shall be listed on the Site. If you have any additional questions regarding the charges or deductions please contact us.

  32. Your Usage Information

    Through the Site and Platform we may collect your usage data. This usage date will be used by enQ to determine how you use our Platform and how we can improve or modify our Platform. The information collected may be used and disseminated per our Privacy Policy.

  33. 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.

  34. 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.

  35. Indemnity

    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:

    • your use of and access to the enQ Site and Platform;
    • your violation of any term of this Agreement; or
    • your violation of any third party right, including without limitation any copyright, property, or privacy right.

    For the avoidance of doubt, you expressly 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 any violation of any and all applicable state and federal laws and regulations governing telecommunication within the USA, including without limitation, The Consumer Protection Act (TCPA) and any other laws or regulations promulgated by the Federal Trade Commission, the Federal Communications Commission, and Do Not Call List registry rules. 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.

  36. Copyrights

    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:

    • Your name.
    • The name of the party whose copyright has been infringed, if different from your name.
    • The name and description of the work that is being infringed.
    • The location on our website of the infringing copy.
    • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
    • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

    You must sign this notification and send it to our Copyright Agent: Copyright Agent of enQ, support@callenq.com.

  37. Choice of Law

    This Agreement shall be governed by the laws in force in the state of Florida. The offer and acceptance of this contract is deemed to have occurred in the state of Florida.

  38. Arbitration

    Any dispute relating in any way to your visit to the Site or our Platform shall be submitted to confidential arbitration in Palm Beach County, FL. 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 above-mentioned 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 Palm Beach County, FL

  39. Force Majeure

    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.

  40. Severability

    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.

  41. Non-Waiver

    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.

  42. Survival

    All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, sections 7 - 44, as well as any 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.

  43. 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.

  44. Assignment

    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.

  45. Amendments

    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.

  46. Electronic Communications

    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.

  47. California Users

    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: support@callenq.com

    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 9, 2023