Please review these Terms of Use carefully. They constitute a binding legal agreement governing access to and use of enComm's subscription recovery, payment orchestration, and churn prevention platform.
These Terms of Use ("Terms") constitute a legally binding agreement between enComm Inc. ("enComm", "Company", "we", "us", or "our") and the entity or individual ("Customer", "Merchant", "you", or "your") accessing or using our websites, software platform, APIs, webhook systems, machine learning retry services, autonomous voice agents, and customer retention tools (collectively, the "Services").
By clicking "I Agree", registering for an account, authorizing a payment gateway connection, executing an Order Form, or otherwise accessing the Services, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of an enterprise, company, or legal entity, you represent and warrant that you possess full legal authority to bind that entity to these provisions.
Important Legal Notice: If you lack the necessary corporate authority or do not agree unconditionally with every provision of these Terms, you must not accept this agreement and are prohibited from accessing or using the Services.
enComm provides an enterprise SaaS subscription revenue recovery and churn prevention platform. The Services integrate directly with your merchant infrastructure to predict, prevent, and recover lost subscription revenue across every stage of the customer lifecycle.
Smart payment routing and failover across Stripe, Chargebee, ReCharge, Recurly, Braintree, Shopify, and Adyen.
Machine learning retry engine calculating optimal transaction capture windows by card brand, issuer, and decline code.
Omnichannel dunning sequences spanning personalized email, SMS, in-app triggers, and self-service portals.
Autonomous cancellation deflection flows with personalized offer generation, pause options, and swap plans.
Conversational AI voice agents conducting low-latency outbound calls to update invalid billing details.
Unified attribution analytics, predictive cohort lifetime value (LTV) forecasting, and decline telemetry.
Subject to your compliance with these Terms, enComm grants you a non-exclusive, non-sublicensable, non-transferable, revocable right to access and utilize the Services during the applicable subscription term. We continually improve our models and reserve the right to enhance or update platform features, provided core service commitments are maintained.
To utilize the Services, you must register for an organization account. You agree to provide accurate, complete, and current registration information and ensure all credentials remain strictly confidential.
Account Administration: You are strictly liable for all actions, API calls, and subscriber interactions initiated under your organization credentials.
Credential Safeguards: You must enforce multi-factor authentication (MFA) across all administrative user seats and store secret API tokens securely.
Incident Notification: You agree to inform enComm immediately at security@encomm.com upon detecting any suspected unauthorized credential usage or data breach.
You agree to pay all fees outlined in your Order Form, subscription plan, or Statement of Work. Pricing structures may include a fixed recurring base subscription, a performance recovery fee calculated on recovered revenue, or variable usage consumption.
Performance Fee Calculation: Recovered revenue is measured when a failed payment is successfully captured by enComm logic or a subscriber cancellation is deflected.
Billing Cadence: Base platform subscriptions are billed in advance; performance fees and usage charges are billed in arrears on a monthly cycle.
Payment Terms: Invoices are due upon issuance or within the agreed Net term. Unpaid balances incur a 1.5% monthly late charge or the maximum legal limit.
Taxes: All stated amounts are exclusive of applicable federal, state, VAT, or withholding taxes, which shall be remitted by Customer.
As between you and enComm, you retain sole and exclusive ownership of all customer records, billing metadata, subscriber identifiers, and transaction events submitted to the Services ("Customer Data").
You grant enComm a limited, worldwide license to host, process, and transmit Customer Data solely to provide, support, and secure the Services. enComm enforces rigorous administrative, technical, and physical safeguards in accordance with SOC 2 Type II, ISO 27001, GDPR, and CCPA/CPRA standards.
Payment Tokenization & PCI-DSS Compliance: enComm does not store raw credit card numbers or CVV codes. All payment credential handling is tokenized directly through accredited Level 1 PCI-DSS certified payment processors.
enComm deploys predictive machine learning algorithms, payment retry timing heuristics, and subscriber risk models to optimize transaction approval rates. Your use of these AI capabilities is subject to the following principles:
No External Training: enComm never sells, licenses, or uses identifiable Customer Data or subscriber information to train third-party or public AI foundation models.
Aggregated Telemetry: We may utilize anonymized, de-identified metadata across the platform to evaluate ecosystem benchmarks and improve generalized models.
Probabilistic Decisioning: Algorithmic routing and recovery schedules operate on statistical probabilities and cannot guarantee the recovery of every individual declined transaction.
enComm provides automated communication channels including AI voice recovery calls, SMS dunning notifications, and branded email workflows on your behalf.
You represent and warrant that you possess all necessary prior express consents and opt-ins required under the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), CAN-SPAM Act, CASL, and regional telecom regulations to initiate billing communications to your subscribers.
Telecommunications Compliance: You are solely responsible for ensuring your customer opt-in records, call schedules, and approved conversational scripts comply fully with applicable national, state, and local communication laws.
You agree to use the Services strictly for legitimate subscription management and revenue recovery. Prohibited activities include, without limitation:
Reverse engineering, decompiling, or attempting to extract proprietary machine learning model weights or source code.
Conducting unauthorized stress tests, penetration attacks, or automated web scraping against enComm infrastructure.
Circumventing API rate limits, authentication controls, or tenant data isolation boundaries.
Processing transactions associated with fraudulent payment instruments, money laundering, or prohibited merchant categories.
Deploying deceptive retention sequences, disguised billing charges, or dark patterns that restrict subscriber cancellation rights.
Violating card brand operating rules, merchant aggregator standards, or telecommunications carrier requirements.
enComm and its licensors retain all right, title, and interest in and to the Services, including all proprietary software, machine learning architectures, user interfaces, documentation, trademarks, and patentable inventions. No ownership rights are transferred to Customer under these Terms.
Customer retains all intellectual property rights in its trademarks, logos, and proprietary brand assets uploaded to branded recovery portals. Any feedback, recommendations, or suggestions provided by Customer regarding the platform may be utilized by enComm without restriction or obligation.
enComm uses commercially reasonable efforts to ensure the core payment processing and webhook ingestion engines maintain a 99.9% monthly availability commitment, excluding pre-announced maintenance windows.
Support Channels: Standard support is delivered via our ticketing portal and email at support@encomm.com. Enterprise tiers receive dedicated Slack channels.
Critical Incident Response: Severity 1 outages halting payment retry operations receive initial engineering triage within thirty (30) minutes around the clock.
The Services interface directly with external payment processors, subscription billing apps, and communication networks. You acknowledge that enComm is an independent orchestration platform and does not act as a payment gateway, card issuer, or merchant of record.
You must maintain active merchant agreements with your connected payment gateways in good standing. enComm is not responsible for gateway downtime, card issuer settlement delays, or third-party fee changes.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". ENCOMM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No Guaranteed Outcome: While enComm deploys state-of-the-art predictive retry algorithms, enComm does not warrant or guarantee that any specific dollar volume, recovery percentage, or churn reduction metric will be attained.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ENCOMM NOR ITS DIRECTORS, EMPLOYEES, OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION.
ENCOMM'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL SUM OF FEES PAID BY CUSTOMER TO ENCOMM UNDER THE APPLICABLE ORDER FORM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM.
Each party agrees to defend, indemnify, and hold harmless the other party against third-party claims arising from a material breach of confidentiality, willful misconduct, or intellectual property infringement.
These Terms commence upon acceptance and continue for the initial term defined in your Order Form, renewing automatically unless written notice of non-renewal is provided thirty (30) days prior to expiration.
Termination for Cause: Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure within fifteen (15) days.
Effect of Termination: Upon termination, all API access is revoked, and outstanding performance fees accrued up to the effective termination date become immediately due.
Data Portability: Upon request submitted within thirty (30) days of termination, enComm will provide an export of Customer Data in standard CSV or JSON format.
These Terms and any dispute arising hereunder shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any unresolved dispute, controversy, or claim shall be submitted to confidential, binding arbitration administered by JAMS in San Francisco, California.
Class Action Waiver: YOU AND ENCOMM AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
For legal notices, compliance inquiries, or regulatory documentation concerning these Terms of Use, please contact enComm:
Legal Department: legal@encomm.com
Security & Compliance: security@encomm.com