Terms and Conditions

These terms of use (“Terms”) apply to your access to and use of the enric.ai website and related services (“Service”). Please read them carefully before using the Service.

ENRIC TERMS AND CONDITIONS

Through the website https://enric.ai/en/ (hereinafter the Site), operated by Enric, domiciled in Delaware, United States (hereinafter Enric), we provide information about the services offered by Enric in Latin America, Europe, the United States and Canada.

These Terms and Conditions govern the offer of services made by Enric through the various channels it uses, such as:

 

ACCEPTANCE

It is essential for us that you understand that these Terms and Conditions govern the relationship between Enric and the users and customers who access its products or services, browse the Site, provide their data, and in general, perform any action aimed at using the services or accessing the products and benefits we offer through the Site, WhatsApp, or other enabled means. Therefore, we ask you to read them carefully.

The use of and access to the products and services and the means through which we offer them is also subject to the acceptance of and compliance with the Personal Data Policy, which is available at https://enric.ai/en/privacy/.

Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information and informs you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Site.

 

MODIFICATIONS

We reserve the right to make modifications to the Terms and Conditions, the Site, and the contents, products, services, and other information provided, always striving to respect acquired rights protected by current regulations. If we make modifications, we will inform you through the Site, and these will take effect from the time they are published.

If you use the services or benefits offered by us after these modifications, we will understand that you have been aware of and accepted the new conditions.

If you do not agree with the new conditions, in whole or in part, you should refrain from accessing the Site or the products and services we offer through the various enabled channels.

 

AUDIENCE AND TERRITORY

The products and services offered by Enric are aimed at natural persons of legal age and legal entities. Therefore, every user declares and guarantees that (i) they agree to be subject to these Terms and Conditions, (ii) they are over 18 years old and legally empowered to enter into obligations on their own behalf or on behalf of the natural or legal person they represent.

Enric offers its services in the territories of Latin America, Europe, the United States and Canada.

 

SERVICES OFFERED BY ENRIC

Through the Site and the various means enabled by Enric, Enric allows clients to create artificial intelligence (AI) avatars based on brands and professional coaches, hereinafter referred to as the Services.

This consists of the possibility of developing and providing artificial intelligence (AI) services through the creation and insertion, in WhatsApp or the defined integration platform, of personalized avatars tailored to clients’ needs, in order to ethically replicate their language, knowledge, and other relevant characteristics, allowing them to interact massively with their consumers (users) simulating a real interaction with a specific person.

Any avatar you create through the Service is your property, which means that only you or a third party you expressly and previously authorize, and that Enric in turn authorizes, can use it. However, Enric retains the intellectual property rights to any underlying technology, code, or processes that enable the creation of avatars and related functions.

You may not use your avatar for any commercial purpose without Enric’s written consent. You are solely responsible for how you use your avatar.

Enric has no responsibility for how avatars created through the Service are used, nor for damages, losses, or claims related to their implementation or use. Enric is limited to providing the avatar creation Service, and the client who created it is solely responsible for its use and effects.

Once the relationship between Enric and the client ends, the client’s ability to use the avatar, replicate it, copy it, or make any use that implies economic benefit from it ceases, without Enric’s prior and express authorization.

 

FREE TRIAL

Enric may, at its sole discretion, offer Services with a Free Trial for a limited period and determined scope. Once the Free Trial period ends, the client will be notified and invited to make payment to acquire the Services.

At any time and without prior notice, Enric reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel said Free Trial offer.

 

BILLING AND PAYMENT METHOD

The client must provide Enric with accurate and complete billing information, including full name, address, city, postal code, phone number, and valid payment method information. In the event that, for any reason, automatic billing does not occur, Enric will issue an electronic invoice indicating that you must proceed manually, within a specified period, to pay the full amount corresponding to the billing period indicated on the invoice.

To make payment, Enric receives bank transfers to accounts in Colombia and the United States and has also enabled the PayPal electronic payment gateway along with the Wise and Stripe financial platforms, through which it will request the necessary information from the client to make the payment.

 

CHANGES IN RATES

Enric, at its sole discretion and at any time, may modify the price of its Services. Any change will take effect from its publication through the means enabled by Enric to inform about its Services and, in any case, previously acquired rights will be respected during the validity or scope of the initially contracted Service.

 

PROMOTIONS

Enric, at its sole discretion and at any time, may offer discounts on the values of the Services for which, in each case, the conditions and restrictions announced for each promotion or discount will apply, with Enric being free to decide whether it applies to all Services, by validity, or any other condition or modality it considers. However, Enric will always announce in advance, clearly and completely to users the applicable conditions and restrictions so that, based on them, the user can freely decide whether they are interested in acquiring it or not.

 

USE OF INFORMATION PROVIDED BY THE CLIENT

To provide you with the services and supply the products we offer at Enric, we may use the information provided by you for the purpose of contacting you, analyzing and storing the information, and any additional activity that may be necessary for the proper execution of the services and products offered, all of which will be subject to the conditions indicated in these Terms and Conditions and in Enric’s Data Processing Policy.

 

INDEMNITY – LIMITATION OF LIABILITY

You will hold Enric harmless from any unauthorized or fraudulent use made of the Site or for the consequences derived from providing inaccurate, outdated, or erroneous information, as well as any action or omission that represents an impact on Enric and is attributable to the user or client.

Enric, for its part, will implement appropriate security measures for the use and navigation of the Website and communication with the client through WhatsApp or the defined integration platform. However, it cannot guarantee results that exceed its control capacity.

In case of service termination, Enric will provide notice and ensure that customers have access to their AI avatars or data for a reasonable period before shutting down operations.


DATA HANDLING, SECURITY AND PRIVACY

Customers will have the opportunity to download their data and AI avatar interactions before service termination. After the transition period, Enric will securely delete all customer data, including AI models and any associated interactions, to protect privacy and comply with data protection regulations such as GDPR. Enric will provide assistance during the transition to ensure that customers can effectively manage their data and minimize disruptions.

Enric trains its AI models using proprietary data and ensures that no third-party data is used without appropriate licenses, minimizing IP infringement risks.


COMPLIANCE WITH GDPR, EU AI ACT, AND CCPA  

Enric is committed to complying with the General Data Protection Regulation (GDPR), the EU Artificial Intelligence Act (EU AI Act), and the California Consumer Privacy Act (CCPA).

GDPR Compliance:

Enric protects user privacy in accordance with the stringent standards of the GDPR. This includes:

  • Data Collection and Processing: We only collect personal data necessary to provide our services and always with the explicit consent of the user.
  • User Rights: Users have the right to access, correct, delete, and restrict the processing of their personal data. To exercise these rights, users can contact us via the email provided in our Privacy Policy.
  • Data Protection: We implement appropriate technical and organizational security measures to protect personal data against unauthorized access, alteration, disclosure, or destruction.

EU AI Act Compliance:

Enric adheres to the provisions of the EU Artificial Intelligence Act to ensure the ethical and secure use of our AI models. This includes:

  • Transparency: We provide clear information about how our AI models are trained and used, ensuring that users understand the nature and purpose of the artificial intelligence we offer.
  • Risk Assessment: We conduct ongoing risk assessments to mitigate any potential negative impact of our AI systems and ensure they meet regulatory standards.
  • Accountability: We implement mechanisms to address any issues related to AI and ensure that our systems operate fairly and transparently.

CCPA Compliance:

Enric adheres to the requirements set forth by the California Consumer Privacy Act (CCPA). This includes:

  • Consumer Rights: Consumers have the right to know what personal data is collected about them, to request the deletion of their personal data, and to opt out of the sale of their data. To exercise these rights, consumers can contact us via the channels provided in our Privacy Policy.
  • Transparency: We provide clear information about the categories of personal data we collect and how it is used, as well as any sale of personal data.
  • Data Security: We adopt appropriate security measures to protect personal data against unauthorized access, disclosure, and loss.

For more information on how we handle data and comply with applicable regulations, please refer to our Privacy Policy and Data Protection Policy.


USE OF CUSTOMER DATA FOR SERVICE IMPROVEMENT

Enric may use anonymized and aggregated data derived from customer inputs, prompts, and outputs to improve and develop our Services, including but not limited to enhancing and training our AI models. This use will be conducted in a manner that does not identify individual customers or compromise the privacy and security of personal information.

Enric will not use customer-specific data, including personalized AI avatars, for purposes other than providing and improving the Service without explicit customer consent.

Customers retain ownership of their specific inputs, prompts, and outputs. Enric’s use of such data for service improvement does not grant Enric any ownership rights over customer-specific content or AI avatars.



USER DECLARATIONS AND WARRANTIES

You declare and warrant that:

  1. You will provide real, truthful, accurate, and up-to-date information.
  2. You will not infringe on Enric’s or third parties’ intellectual property rights.
  3. You will not make unauthorized, unethical, or inappropriate use of the Site, Enric’s contact channels, its content, or the services offered therein.
  4. You will use the Site, its services, products, and benefits in accordance with the applicable regulations in Colombia and United States.
  5. You will not perform acts aimed at imitating, copying, modifying, or altering the Site or its content, which includes the prohibition of taking photographic captures or videos of the content provided by Enric.

 

USER AND CLIENT BEHAVIOR

It is fundamental for us that users and clients adhere to best practices, have ethical behaviors, and, in any case, allow us the adequate and timely development of the relationships that arise from the use of the Site and Enric’s contact channels.

 

SITE OPERATION

When browsing the Site, there is no guarantee of absence of viruses or other elements that may produce alterations in the user’s computer system. Therefore, Enric is not responsible for damages and losses, whatever their nature, caused by such events.

Enric does not guarantee the availability and continuity of uninterrupted operation of the Website. Therefore, any responsibility for damages and losses suffered by the user, whatever their nature, originating from the lack of availability or continuity of operation of the Website is excluded.

The Site may contain references and/or links to other websites owned by other natural or legal persons, which does not imply that Enric approves or endorses the contents or services offered by the linked website.

Consequently, Enric assumes no responsibility for the content or services offered on such websites and excludes any type of responsibility for damages and losses, whatever their nature, caused by concepts such as, but not limited to:

  • The operation, availability, accessibility, or continuity of the linked websites.
  • The legality, quality, reliability, and maintenance of the contents and services of the linked websites.
  • The infringement of intellectual property rights, as well as any other right, as a consequence of the contents and services provided on the linked websites.

Enric will not be responsible for the consequences of attacks or incidents against the security of the Site or its information systems, nor for any unauthorized, fraudulent, or illicit exposure or access to it, which may affect the confidentiality, integrity, or authenticity of the information published on the Site, or associated with the services and products offered there.

Enric is not responsible for the information provided by users through the participation spaces of the Site. In any case, Enric will not use the information and/or personal data contained in such spaces for purposes other than those previously authorized.

The user agrees to use the Site in accordance with applicable legislation, the conditions established in this document, public order, morality, and good customs.

The user/client will refrain from improperly using the Site, understood as such, the performance of actions such as, but not limited to, the following:

✔ Providing false or incorrect data that may induce Enric or a third party to error.

✔ Sending or transmitting in channels such as, but not limited to, the Site, chats, and social networks obscene, defamatory, insulting, slanderous, or discriminatory content against Enric and/or any third party.

✔ Introducing or spreading computer viruses or any other code of a destructive nature on the network.

✔ Attempting in any way against the Site, its technological platform, or its information systems.

✔ Altering, blocking, or performing any other act that prevents showing any content or accessing any service of the Site.

✔ Carrying out computer attacks, interception of communications, unauthorized use of terminals, or identity usurpation.

✔ Infringing commercial patents, registered trademarks, trade and industrial secrets, publicity rights, or any other right of natural or legal persons, collectivities, etc.

✔ Preventing or interrupting the use of the Site by third parties.

✔ Using automatic programs, mechanisms, or manual processes to monitor, copy, summarize, or extract information in any other way from the Site.

✔ Using third-party user accounts and information, or any other information without the prior written consent of its owner.

✔ Transmitting SPAM, chains, junk mail, or any other type of unsolicited mass mail from this Site.

 

INTELLECTUAL PROPERTY

It is fundamental for us to know and respect intellectual property rights. Therefore, we declare and guarantee that we use and protect intangible assets in accordance with current intellectual property regulations.

For your part, as a user/client, you declare and guarantee that:

  1. You will not claim any ownership over the intangible assets owned by Enric made available to you for access to the products and services we offer through our enabled channels; in this sense, you will refrain from using them for your benefit or that of third parties for purposes other than those expressly authorized in this document.
  2. You will recognize and respect Enric’s intellectual property rights.
  3. You will recognize and respect third parties’ intellectual property rights.
  4. You will not copy, reverse engineer, extract, replicate, and in general not make unauthorized use of the Site and the contents made available by Enric.
  5. You recognize and accept that the software through which Enric provides its Services is Enric’s property and the know-how associated with its implementation is also, therefore, you will refrain from reproducing, communicating, distributing, and generally using it without Enric’s prior and express authorization.

 

PRIVACY POLICY AND TREATMENT OF PERSONAL DATA AND PRIVACY NOTICE

It is a priority for us to take all reasonable and necessary measures to protect the privacy of users’/clients’ information. Therefore, we ask you to read in detail our Privacy Policy and Personal Data Treatment Policy, available for public access at https://enric.ai/en/privacy/ so that you know what information we request and what treatment and protection we will provide.

 

AUTHORIZATION FOR THE TREATMENT OF PERSONAL DATA

In compliance with law, you authorize Enric to collect, store, use, and circulate your personal data to send messages for commercial, advertising, and/or service purposes, register information in Enric’s Database, supply the products offered through our channels, and for the other purposes indicated in Enric’s Personal Data Protection Policy and in these Terms and Conditions.

Among the personal data that may be collected and processed for the purposes mentioned above are:

  • First and last names.
  • Email address.
  • Address
  • Phone number


As the owner of your personal data, you may access, know, update, and rectify said data; be informed about their treatment and the authorization available for it; submit queries and claims; revoke the authorization or request the deletion of your data, in cases where it is appropriate according to current regulations.

Enric makes available the following email: hello@enric.ai for the exercise of your rights as the owner of personal data.

 

DECLARATIONS AND AUTHORIZATIONS

You declare and guarantee that your income does not come from illicit activities and that you do not have negative records in national or international money laundering prevention lists, nor from terrorism financing, drug trafficking, illegal money collection, and in general any illegal activity; likewise, you state that the income generated during the validity of these Terms and Conditions will not be used for any of the activities described above.

You expressly and irrevocably authorize Enric (directly or through a third party) to: (i) consult the lists, information systems, and databases as appropriate; (ii) make reports to the competent authorities on money laundering and terrorism financing, which it deems necessary to guarantee the prevention and/or administration of the risk of money laundering and terrorism financing; (iii) consult, request, supply, report, process, and disclose all information referring to my credit, financial, and commercial behavior to the Financial Information Center –CIFIN– administered by the Banking Association and other Financial Entities of Colombia or to those who represent their rights.

 

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions will be governed by the applicable laws in Colombia and the United States, and any decision will be submitted to the competent courts in those countries, as appropriate..

 

CONFLICT RESOLUTION

In case of differences between the parties, related to these Terms and Conditions, their execution or termination, which cannot be resolved directly between us, an attempt will be made to resolve them initially through ordinary justice.

 

VALIDITY

These terms and conditions are effective from their publication.

 

LANGUAGE

The Site, its contents, the provision of services and products, and all Terms and Conditions associated with it will be in English and Spanish.

 

CONTACT METHODS

All communication between us must be in writing, for which you have the following communication channels to make inquiries, requests, or access our services: website https://enric.ai/en/, mobile +1-213-375-4689, and email hello@enric.ai


Publication August 2024

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