These terms are an agreement between you and Enki Motions LLC, doing business as ENKI CUT ("ENKI CUT", "we", "us"). They cover your use of the ENKI CUT web app at app.enkicut.com and the website at enkicut.com (together, the "Service"). By creating an account or using the Service, you agree to these terms. If you use the Service for a business, you confirm you're allowed to accept these terms for that business.
1. What ENKI CUT does
ENKI CUT helps businesses turn before and after photos into social media posts and short slider videos. Photos are processed on your own device. We don't receive, store or view the photos you add.
2. Your account
- You must be at least 18 and give accurate account information.
- You're responsible for keeping your login secure and for everything done under your account.
- One subscription covers one business location. Tell us right away at support@enkicut.com if you think someone has used your account without permission.
3. Free trial, billing and cancellation
- Price. $49 per month per business, plus any sales tax that applies.
- Free trial. New businesses get a 14-day free trial. Unless you cancel before it ends, your plan starts and your payment method is charged.
- Automatic renewal. Plans renew automatically at the end of each month until you cancel.
- Cancel anytime. Cancel from your account's billing page. You keep access until the end of the month you already paid for.
- Refunds. Payments aren't refundable, including for partly used months, except where the law requires it. If you were charged by mistake, email us and we'll make it right.
- Payments. Payments are handled by our payment provider (Stripe). We never see or store your full card number.
- Price changes. We'll give you at least 30 days' notice by email before a price change affects your plan.
- Failed payments. If a payment fails, we may pause your access until it's fixed.
4. Client photos and permission
You are responsible for having your clients' permission to photograph them and to post their photos.
- Only use photos you have the right to use, and only post a client's photos after they've given written consent (a photo or marketing release) that covers social media.
- You're responsible for following the laws and professional rules that apply to your business, including health privacy rules (such as HIPAA) if they apply to you, and advertising rules for before and after results.
- The checkbox in the app is a reminder. It isn't legal consent and doesn't replace your own release forms.
5. Acceptable use
Don't use the Service to:
- post misleading results, or photos of anyone without their consent
- break the law or anyone's rights
- copy, resell, reverse engineer or overload the Service, or share your account outside your business
6. Who owns what
- Your posts are yours. You own the photos you add and the posts you make. Because they stay on your device, we don't get a copy.
- The Service is ours. We own the ENKI CUT software, templates, name and logo. Your subscription gives you a limited, non-transferable right to use them to make posts for your business while your plan is active. Posts you made stay yours to keep and use after you cancel.
7. Changes to the Service
We keep improving ENKI CUT and may add, change or remove features. If we stop offering the Service, we'll give you notice and refund any prepaid time you haven't used.
8. Disclaimers
The Service is provided "as is" and "as available". Automatic alignment and face finding work well in most cases but aren't perfect. Always check a post before you share it. To the extent the law allows, we disclaim all warranties, including fitness for a particular purpose and non-infringement.
9. Limit of liability
To the extent the law allows:
- Enki Motions LLC isn't liable for indirect, incidental, special or consequential damages, or for lost profits, data or business.
- Our total liability for any claim about the Service is limited to the amount you paid us in the 12 months before the claim.
10. Your responsibility to us
If someone makes a claim against us because of photos you posted, missing client consent, or your breaking these terms, you agree to cover our reasonable costs and losses from that claim.
11. Ending your use
You can stop using the Service and cancel anytime. We may suspend or close accounts that break these terms or don't pay. Sections 4, 6, 8, 9, 10 and 12 continue to apply after your account ends.
12. Governing law
These terms are governed by the laws of the State of __STATE__, without regard to its conflict-of-law rules. Any dispute will be handled in the state or federal courts located there.
13. Changes to these terms
We may update these terms. If a change is significant, we'll email you or show a notice in the app before it takes effect. Continuing to use the Service after that means you accept the new terms.
14. Contact
Questions? Email support@enkicut.com.