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TERMS OF SERVICE


TERMS & CONDITIONS



Effective Date: February 25, 2020
‍
‍These Terms of Service (these “Terms”) constitute a binding contract between
you (“you”, “your” or “User”) and Enigma Technologies, Inc. (“Enigma”, “we”,
“us” or “our”) and govern the terms and conditions with respect to use of Enigma
Services (as defined in Section 1.1). Please carefully read these Terms as well
as all linked documents and policies. We have included annotations throughout
that are not part of the Terms itself but are intended to emphasize key sections
and help you understand the text. If you do not understand any part of the
Terms, please do not use Enigma Services.

By accepting these Terms or accessing or using Enigma Services, whether as a
guest or a registered User, you agree to be bound by these Terms and to use
Enigma Services in compliance with these Terms. If you are accessing or using
Enigma Services on behalf of an organization, then you are agreeing to these
Terms for that organization and promising to Enigma that you have the authority
to bind that organization to the Terms (and, in which case, the terms “you”,
“your” or “User” will refer to that organization). If you have a separate
written agreement with Enigma, then these Terms will not apply to you except as
otherwise specified in such written agreement.

Certain sections of these Terms will only be applicable to Users who pay for
Enigma Services (“Paying Users”). We will clearly specify what these sections
are by referring to “Paying User(s)” in the relevant sections.

These Terms are effective February 25, 2020 (the “Effective Date”) for all Users
agreeing to these Terms for the first time. If you have previously agreed to a
version of the Terms before the Effective Date, then we have provided notice to
you prior to the Effective Date that we will be updating these Terms. Please be
aware that continuing to use Enigma Services on and after the Effective Date
means that you agree to the updates to the Terms.  

These Terms contain an arbitration provision and class action waiver (Section
12) and a limit on our liability (Section 7.2) in the event of a dispute between
you and us. Please review these sections closely as they limit the manner in
which you can seek relief from Enigma.

1. ENIGMA SERVICES
‍This section provides a general description of the services that Enigma may
provide to you. Our services may contain code from outside of Enigma, including
open source software, and data from third parties. In addition to these Terms,
you are responsible for reviewing and complying with any separate terms and
conditions applicable to any such code or data.

1.1 Provision of Enigma Services
‍As used throughout these Terms, “Enigma Services” refers to one or more hosted,
API-based, or related services permitting you to access and receive Enigma’s
data and intelligence products as further described in these Terms and as such
products may be modified, enhanced, and/or updated from time to time. Enigma
Services include (a) any portions of the Enigma Services delivered via
www.enigma.com (the “Website”) or an application programming interface (“API”),
(b) any proprietary data, attributes, or reports displayed, delivered, or made
available to you via the Website, via other media provided or provisioned to you
by Enigma, or otherwise in connection with other Enigma Services (the “Enigma
Data”), and (c) any software made available to you, whether in object code or
source code form (including all integrations and user interfaces made available
by Enigma), in connection with the provision of Enigma Services. Enigma Services
are further described more fully in the then-current version of any supporting
product help and technical specifications documentation found at
www.enigma.com/docs (“Documentation”).

1.2 Third-Party Code and Third Party Data
Enigma Services may contain or be provided with software components which are
licensed from third parties (“Third Party Code”), including components subject
to the terms and conditions of “open source” software licenses (“Open Source
Software”). Open Source Software may be identified in the Documentation, or in a
list of Open Source Software provided to you upon written request. To the extent
required by the license that accompanies any Open Source Software, the terms of
such license will govern with respect to such Open Source Software, including,
without limitation, any provisions governing access to source code, modification
or reverse engineering. You agree to abide by the terms and conditions in each
such Open Source Software license. Any fees charged by Enigma in connection with
the Enigma Services do not apply to any components containing Open Source
Software for which fees may not be charged under the applicable Open Source
Software license. Furthermore, Enigma Services and the Enigma Data may contain
datasets that are acquired, licensed, or otherwise provisioned by a third party
(“Third Party Data”). Third Party Data may be identified in the Documentation or
may be included without attribution. To the extent required by the source or
provider of Third Party Data, you agree to abide by any written terms and
conditions made available to you in the Documentation with respect to the use of
such Third Party Data.

1.3 License to Enigma Services
‍Enigma hereby grants to you a non-exclusive, non-transferable,
non-sublicensable, revocable and worldwide right to access and use the Enigma
Services (including the Enigma Data), whether via the Website, an API, or other
means established by Enigma, solely for your internal business purposes but only
in accordance with: (a) these Terms, in particular Section 2 (Users); (b) the
Documentation; (c) any additional agreements that may be entered into between
you and Enigma (“Additional Agreements”); and (d) any applicable law, rule or
regulation to which you are subject.

1.4 Changes to Enigma Services
‍The features and functions of Enigma Services, including the Documentation, may
change over time, and we may add or remove features or functionality or make
features or functionality subject to fees. We will provide you with notice in
the event of material changes, deprecations or removal of functionality from
Enigma Services so that you may continue using Enigma Services with minimal
interruption.

2. USERS
‍Please read our Privacy Policy prior to using Enigma Services as it contains
important information on how we will collect, store, use and disclose data you
provide to us. You retain all your ownership rights in the data you give us but
you grant us a license to use your data so we can provide Enigma Services to
you.

You should become familiar with Sections 2.7 and 2.8 as these sections set out
specific “dos and don’ts” to keep in mind when using Enigma Services.

2.1 User Data
‍As used throughout these Terms, “User Data” consists of data and other
information made available to us, implicitly or explicitly, directly or
indirectly, by or on behalf of you through the use of Enigma Services under
these Terms, but expressly does not include any Usage Data or other Derived Data
(as defined in Section 3.2). You acknowledge that you have read our Privacy
Policy, found at https://www.enigma.com/privacy-policy (the “Privacy Policy”),
and understand that it, in addition to these Terms, sets forth how we will
collect, store, use and disclose your User Data, including personal data. If you
do not agree with our Privacy Policy, you must stop using Enigma Services
immediately.

You are solely responsible for the accuracy and content of all User Data. You
represent and warrant to Enigma that (a) you have sufficient rights in the User
Data to authorize Enigma to process, distribute and display the User Data as
contemplated by these Terms and the Documentation, (b) the User Data and its use
hereunder will not violate or infringe the rights of any third party, and (c)
your use of Enigma Services and all User Data is at all times compliant with
your own privacy policies and all applicable local, state, federal and
international laws, regulations and conventions, including without limitation
those related to data privacy, international communications and the exportation
of technical or personal data.

2.2 Ownership of and License to User Data
‍As between you and Enigma, you will retain all right, title and interest
(including any and all intellectual property rights) in and to your User Data as
published on Enigma Services. Subject to these Terms, you hereby grant to Enigma
a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit,
and distribute, perform and display (including publicly), modify and create
derivative works of the User Data, including as set forth in Section 3.2 (Usage
Data and Derived Data), solely to the extent necessary to provide, maintain and
improve Enigma Services in accordance with these Terms, the Documentation and
any Additional Agreement. You agree that we are permitted to use User Data to
solicit Feedback (as defined in Section 3.3).

2.3 Storage and Transmission of User Data
‍Enigma does not provide an archiving service. Enigma agrees it will not
intentionally delete any User Data from Enigma Services unless a User’s access
to Enigma Services is terminated or upon the request of a User. Except as
otherwise set forth herein, Enigma expressly disclaims all other obligations
with respect to storage of User Data. As part the operation of Enigma Services,
Enigma’s processing of User Data may involve (a) changes to conform and adapt to
technical requirements of connecting networks or devices and (b) transmission to
Enigma’s third party vendors and hosting partners to provide the necessary
hardware, software, networking, storage, and related technology required to
operate and maintain Enigma Services. Accordingly, you acknowledge that you bear
sole responsibility for adequate security, protection and backup of User Data.
Enigma does not guarantee that Enigma Services are or will remain secure or that
access to Enigma Services will be uninterrupted and Enigma will have no
liability to you for any unauthorized access or use of any User Data, or any
corruption, deletion, destruction or loss of any User Data in Enigma’s
possession or control.

2.4 User Account
‍Certain Users may have to create a user account (“User Account”) to use Enigma
Services. You promise to provide us with accurate, complete and updated
registration information about yourself for your User Account. You are
responsible for maintaining the confidentiality of your login(s), password(s),
API key(s) (if any), and account(s) and for all activities that occur under your
User Account. You agree to immediately notify Enigma of any unauthorized use of
your password or User Account or any other breach of security. Enigma reserves
the right to access your User Account in order to respond to your requests for
User support.

2.5 Equipment
‍You will be responsible for obtaining and maintaining any equipment and
ancillary services needed to connect to, access or otherwise use Enigma
Services, including, without limitation, modems, hardware, server, software,
operating system, networking, web servers, long distance and local telephone
service (collectively, “Equipment”). You will be responsible for ensuring that
such Equipment is compatible with Enigma Services and complies with all
configurations and specifications set forth in the Documentation. You will also
be responsible for maintaining the security of the Equipment, your account,
passwords (including but not limited to administrative and user passwords) and
files, and for all uses of your User Account or the Equipment with or without
your knowledge or consent.

2.6 Authorized Personnel and Affiliates
‍If you are an organization, your Authorized Personnel are permitted access to
your User Account. “Authorized Personnel” means employees, contractors and
third-party service providers who are authorized by a User to use and access a
User Account. Your Authorized Personnel will receive user IDs and passwords
linked to your User Account in order to access Enigma Services. These
credentials are granted to individual, named persons and may not be shared. You
will ensure that all Authorized Personnel keep these credentials strictly
confidential.

If you are an organization, your “Affiliates” include any entity or person that
controls you, is controlled by you, or under common control with you. The term
“control” means holding more than 50% of the ownership or voting power of an
entity or person. Your Affiliates are not permitted to access or use Enigma
Services using the Terms that you accepted. Instead, your Affiliates will need
to accept the Terms themselves. If your Affiliates use Enigma Services under
these Terms, you and your Affiliates will be jointly and severally responsible
for the acts and omissions of your Affiliates. Any claim from any of your
Affiliates that use Enigma Services pursuant to these Terms may only be brought
against us by you on your Affiliates’ behalf.

2.7 User Obligations
‍You agree that you will:

(a) be solely responsible for all use (whether or not authorized) of Enigma
Services and Documentation under your User Account, including for the quality
and integrity of User Data;

(b) use Enigma Services only in accordance with these Terms, the Documentation
and any Additional Agreements;

(c) comply with all applicable laws in your use of Enigma Services and the
performance of your obligations under these Terms, the Documentation and any
Additional Agreement;

(d) be solely responsible for all acts, omissions and activities of your
Authorized Personnel, including their compliance with these Terms,
Documentation, any Additional Agreements and any applicable laws related to use
of Enigma Services;

(e) do your best to prevent unauthorized access to or use of Enigma Services and
notify Enigma promptly of any such unauthorized access or use;

(f) provide reasonable cooperation regarding information requests from law
enforcement, regulators, or telecommunications providers related to your use of
Enigma Services; and

(g) ensure that the representations and warranties you make in Section 6.1 (User
Representations and Warranties) continue to be true and correct for so long as
you are a User.

2.8 User Restrictions
‍You agree that you will not (and will not allow any third party to):

(a) decompile, disassemble, or otherwise reverse engineer Enigma Services, any
Third Party Code, or any Third Party Data or attempt to reconstruct or discover
any source code, APIs, underlying ideas, algorithms, file formats or programming
interfaces of Enigma Services or the Third Party Code or Third Party Data by any
means whatsoever (except, and only to the extent, that applicable law prohibits
or restricts reverse engineering restrictions, or as permitted by an applicable
Open Source Software license);

(b) distribute, sell, sublicense, rent, lease or use Enigma Services, Enigma
Data, or any Third Party Code or Third Party Data (or any portion thereof) for
time sharing, hosting, service provider or similar purposes;

(c) remove any product identification, proprietary, copyright trademark, service
mark, or other notices contained in Enigma Services or any Third Party Code or
Third Party Data (including any reports or data printed via the use of Enigma
Services);

(d) modify any part of Enigma Services or any Third Party Code or Third Party
Data, create a derivative work of any part of Enigma Services or any Third Party
Code or Third Party Data, or incorporate Enigma Services or any Third Party Code
or Third Party Data into or with other software, except to the extent expressly
authorized in writing by Enigma or as permitted by an applicable Open Source
Software license;

(e) publicly disseminate performance information or analysis (including, without
limitation, benchmarks) from any source relating to Enigma Services;

(f) utilize any equipment, device, software, or other means designed to
circumvent or remove any form of copy or other protection used by Enigma in
connection with Enigma Services, or use Enigma Services together with any user
credentials or other copy protection device not supplied by Enigma;

(g) use Enigma Services to develop a product which is competitive with Enigma
Services;

(h) use unauthorized User credentials or distribute or publish such credentials
except as may be expressly permitted by Enigma in writing;

(i) if you are a Paying User, share your User credentials and User Account with
a non-Paying User or if you are a registered User, share your User credentials
and User Account with an unregistered User;

(j) assert, nor will you authorize, assist or encourage any third-party to
assert, against Enigma or any of its affiliates, customers, vendors, business
partners, or licensors, any patent infringement or other intellectual property
infringement claim regarding Enigma Services or any support you have purchased
or used hereunder;

(k) automate processes, including without limitation, API calls, or refreshes of
visualizations or dashboards, if such automation has a detrimental impact on
Enigma’s ability to provide Enigma Services to its other Users; or

(l) use Enigma Services in a manner that “crawls”, “scrapes” or “spiders” any
data or information relating to Enigma Services (including User Data) through
any means.

2.9 Permitted Disclosures
‍In addition to permitted disclosures set forth in the Privacy Policy, you
acknowledge and agree that Enigma may, in accordance with applicable law,
access, preserve and disclose your User Data and information related to your
User Account if required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to: (a) enforce these
Terms; (b) respond to your requests for User support; or (c) protect the rights,
property or personal safety of Enigma, our Users, or the public.

3. OWNERSHIP
‍We retain all ownership rights in the technology underlying Enigma Services. We
also own any data derived from your use of Enigma Services or the information
you provide us. If you provide us with feedback, we are free to use it as we see
fit (provided that we comply with applicable law).

3.1. Ownership of Enigma Technology
‍Notwithstanding anything to the contrary contained herein, except for the
limited access and use rights expressly provided herein, Enigma retains all
right, title and interest (including, without limitation, all patent, copyright,
trade secret and other intellectual property rights) in and to Enigma Services,
the Website, the Documentation, any other Enigma deliverables and any and all
related and underlying software (including interfaces), databases (including
data models, structures, and any other non-customer specific data and
statistical data), technology, reports, documentation, as well as any related
process or methodology provided or used by Enigma, and with respect to each of
the foregoing, any copies, modifications, improvements, derivative works, or
enhancements thereto however developed or provided (including any which
incorporate any of your Feedback (as defined in Section 3.3) or suggestions)
(collectively, “Enigma Technology”). You acknowledge that you are obtaining only
a limited right to access and use Enigma Services on a hosted basis and that
irrespective of any use of the words “purchase”, “sale”, “sublicense” or like
terms hereunder no ownership rights in the Enigma Technology are being conveyed
to you under these Terms or otherwise, and further acknowledge that nothing
contained in these Terms will be construed to convey to you ownership of any
intellectual property rights in or to any Enigma Technology or any related
methodologies or processes. Nothing in this Section 3.1 will be deemed as
granting Enigma ownership of User Data or in any way impacting your ownership of
User Data.

3.2 Derived Data
‍Enigma is and will be the sole owner of (a) any data reflecting access or the
use of the Enigma Services by or on behalf of you or your Authorized Personnel
(“Usage Data”) and (b) information collected by Enigma by referencing User Data
or otherwise derived by processing User Data, including without limitation any
inferences, insights, or other predictive information or data that is
sufficiently different from User Data such that User Data cannot be reverse
engineered or otherwise identified from analysis or further processing (together
with Usage Data, the “Derived Data”), and you hereby assign to Enigma all right,
title, and interest that you may have in the foregoing Derived Data. Enigma has
the right to make any lawful use of Derived Data.

3.3 Feedback
‍From time to time, you may submit comments, information, questions, data,
ideas, descriptions of processes, or other information to Enigma (collectively,
“Feedback”). We may also solicit Feedback from you through interviews or
discussions. You agree that all Feedback is and will be given entirely
voluntarily and gratuitously. Notwithstanding anything to the contrary in these
Terms, Feedback, even if designated as confidential by you, will not, absent a
separate written agreement, create any confidentiality obligation for or upon
Enigma. You will not give Feedback that is subject to license terms that seek to
require any Enigma product, technology, service or documentation incorporating
or derived from such Feedback, or any Enigma intellectual property, to be
licensed or otherwise shared with any third party. Enigma may in connection with
any Enigma Service freely use, copy, disclose, license, distribute and exploit
any Feedback in any manner it sees fit in accordance with applicable law without
any obligation, royalty or restriction based on intellectual property rights or
otherwise.

4. FEES & PAYMENT
‍Please pay us for use of Enigma Services. If you don’t, we may suspend (or
terminate) your User Account. We may increase or otherwise change our fees from
time to time and you are responsible for reviewing the fee information currently
in effect each time you use Enigma Services.  

4.1. Free and Premium Enigma Services
‍Certain Enigma Services may be provided at no cost to you (“Free Services”)
whereas others may have an associated cost at and over a specified volume of API
calls per month (“Premium Services”). Enigma reserves the right to convert Free
Services to Premium Services and/or change the API call volume threshold at any
time and for any reason.

4.2. Fees and Payment
‍Information on pricing is found in the area of our Website related to the
applicable Enigma Service (the “Pricing Terms”). The Pricing Terms are
applicable to all Users unless specific pricing terms are agreed between you and
Enigma in an Additional Agreement. Enigma reserves the right to modify the
Pricing Terms from time to time without notice to you. You are responsible for
reviewing and understanding the current Pricing Terms in effect at the time of
your use of Enigma Services. If you are a Paying User, you are obligated to pay
all applicable fees as set forth in the Pricing Terms or in any Additional
Agreement for your use of Enigma Services. On the first day of every month, the
credit card or other payment method associated with your User Account will be
automatically charged for all usage associated with your User Account during the
previous month.  Except as expressly set forth herein, all payments are
non-refundable once paid. Unless timely provided with a valid certificate of
exemption or other evidence that items are not taxable, Enigma will charge you
for all applicable taxes including, but not limited to, VAT, GST, sales tax,
consumption tax and service tax. If any withholding tax is required by
applicable law to be paid by you in relation to payments due to Enigma
hereunder, you will provide Enigma with official receipts and/or certificates
from the appropriate taxing authorities to establish that any applicable taxes
have been paid.

4.2 Suspension for Non-Payment
‍If payment does not go through for any reason, your access to applicable Enigma
Services, including to any API key(s), may be suspended, and we will have no
obligation to provide such Enigma Services to you until the billing issue has
been resolved and we receive payment for your outstanding User Account charges.

4.3 Fee Disputes
‍If you are disputing any fees or taxes, you must act reasonably and in good
faith, and you must cooperate diligently with us to resolve the dispute. You
must provide written notice to us within thirty (30) days of the date that you
are charged for the fees or taxes in dispute, and we will work together with you
to resolve the dispute promptly.

5. CONFIDENTIALITY
‍Through your use of Enigma Services, you may receive confidential information
about us and you may provide us with confidential information of your own. We
both agree to not use or disclose any such information except in accordance with
these Terms and the Privacy Policy. Certain remedies, like injunctions, are
available to you and us if there is a breach or threatened breach of these
confidentiality obligations.

5.1 Confidential Information
"Confidential Information" means any information or data, regardless of whether
it is in tangible form, disclosed by one party (the “Disclosing Party”) to the
other party (the “Receiving Party”) that is marked or otherwise designated as
confidential or proprietary or that should otherwise be reasonably understood to
be confidential given the nature of the information and the circumstances
surrounding disclosure. Any software, pricing, documentation or technical
information provided by Enigma (or its agents) and performance information
relating to Enigma Services, is Confidential Information of Enigma without any
marking or further designation. User Data is your Confidential Information
without any marking or further designation. Confidential Information does not
include any information which: (a) is publicly available through no fault of the
receiving party; (b) was properly known to the Receiving Party, without
restriction, prior to disclosure by the Disclosing Party; (c) was rightfully
disclosed to the Receiving Party, without restriction, by another person without
violation of the disclosing party's rights; or (d) is independently developed by
the Receiving Party without use of or reference to the Confidential Information
of the Disclosing Party.

5.2 Use and Disclosure
‍The Receiving Party will use the same degree of care that it uses to protect
the confidentiality of its own confidential information of like kind (but not
less than reasonable care). The Receiving Party agrees to (a) only use
Confidential Information of the Disclosing Party for purposes consistent with
these Terms and any Additional Agreement and (b) except as otherwise authorized
by the Disclosing Party in writing, limit access to Confidential Information of
the Disclosing Party to those of its employees, contractors or advisors
(“Representatives”) who need that access for purposes consistent with these
Terms and who are legally bound to keep such information confidential consistent
with this Section 5. The Disclosing Party will ensure that its Representatives
comply with these Terms and will be responsible for any unauthorized use or
disclosure of Confidential Information by such Representatives.

5.3 Compelled Disclosure
‍Enigma or its Representatives may disclose your Confidential Information if so
required pursuant to legal process, including, but not limited to, a law,
regulation or court order. We will give you notice of the compelled disclosure
(to the extent legally permitted). You may contest any such compelled disclosure
at your own cost and expense.  

5.4 Injunctive Relief
‍You and Enigma expressly acknowledge and agree that no adequate remedy may
exist at law for an actual or threatened breach of this Section 5 and that, in
the event of an actual or threatened breach of the provisions of this Section 5,
the non-breaching party will be entitled to seek immediate injunctive and other
equitable relief, without waiving any other rights or remedies available to it.

6. REPRESENTATIONS AND WARRANTIES
‍All Users of Enigma Services are required to make certain representations to us
with respect to authority to enter into these Terms, ownership or permissions
relating to User Data and content of User Data. If you are under the age of 18,
you are not permitted to use Enigma Services.

If you are a Paying User, Enigma provides a limited warranty to you with respect
to the operation of Enigma Services. To seek the benefit of the limited
warranty, you must make a claim within thirty days of the date on which the
condition giving rise to the breach of warranty first occurred.

6.1 User Representations and Warranties
‍You represent and warrant to Enigma that: (a) you have full power and authority
to enter into these Terms; (b) you own all User Data or have obtained all
permissions, releases, rights or licenses required to engage in your posting and
other activities (and allow Enigma to perform its obligations) in connection
with Enigma Services without obtaining any further releases or consents; (c)
your User Data and your other activities in connection with Enigma Services, and
Enigma’s exercise of all rights and license granted by you herein, do not and
will not violate, infringe, or misappropriate any third party’s copyright,
trademark, patent right, right of privacy or publicity, or other personal or
proprietary right, nor does your User Data contain any matter that is
defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or
harassing; and (d) you are eighteen (18) years of age or older.

6.2 Services Warranty
‍Enigma warrants to Paying Users that Enigma Services will operate in
substantial conformity with the applicable Documentation. Enigma’s sole
liability (and your sole and exclusive remedy as a Paying User) for any breach
of this warranty will be, in Enigma’s sole discretion and at no charge to you,
the use by Enigma of commercially reasonable efforts to correct the reported
non-conformity. If Enigma determines such remedy to be impracticable, you may be
entitled to receive, as your sole remedy, a refund of fees paid or payable to
Enigma in the thirty (30) day period prior to the date the warranty claim was
made.

6.3 Exclusions
‍The warranty in Section 6.2 will not apply: (a) unless you make a claim within
thirty (30) days of the date on which the condition giving rise to the claim
first occurred; (b) if Enigma Services are used with hardware or software not
authorized in the Documentation; (c) if the condition was caused by misuse,
unauthorized modifications or third-party hardware, software or services; or (d)
to any non-Paying Users.

6.4 Export Controls
‍Enigma Services may be subject to applicable export control and economic
sanctions laws of the U.S. and other jurisdictions. You and Enigma each agree to
comply strictly with all domestic and international export laws and economic
sanctions regulations, in the case of Enigma, in providing Enigma Services, and,
in the case of you, in receiving and using Enigma Services respectively, and to
the extent consistent with these Terms, you will obtain any necessary license or
other authorization to export, re-export, or transfer Enigma Services. You
represent and warrant that you are not (a) located in, or a resident or a
national of, any country subject to a U.S. government embargo or other
restriction, or that has been designated by the U.S. government as a “terrorist
supporting” country or (b) on any of the U.S. government lists of restricted end
users.

7. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
‍Other than the explicit warranties provided in Section 6, Enigma Services are
provided “as is”. If you make a claim against us, our liability to you is
limited to damages you have directly incurred, which is capped at the fees paid
by you for Enigma Services.

7.1 Warranty Disclaimer
‍EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.2, ENIGMA SERVICES, INCLUDING,
WITHOUT LIMITATION, THE THIRD PARTY CODE AND THIRD PARTY DATA, AND THE WEBSITE
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF
ANY KIND, AND ENIGMA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  YOU ACKNOWLEDGE THAT
ENIGMA DOES NOT WARRANT THAT ENIGMA SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES ENIGMA MAKE ANY WARRANTY AS TO THE
DATA OR RESULTS THAT MAY BE OBTAINED FROM USE OF ENIGMA SERVICES, AND NO
INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM ENIGMA OR THROUGH ENIGMA
SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME
JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER
RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IF APPLICABLE LAW REQUIRES
ANY WARRANTIES WITH RESPECT TO ENIGMA SERVICES, THE DURATION AND SCOPE OF SUCH
WARRANTY WILL BE THE MINIMUM POSSIBLE UNDER ANY SUCH APPLICABLE LAW.

7.2 Limitation of Liability
‍UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR
OTHERWISE) WILL ENIGMA AND ITS AFFILIATES AND THEIR RESPECTIVE OWNERS,
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS,
SUPPLIERS AND SERVICE PROVIDERS, AND

THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “ENIGMA PARTIES”) BE
LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES
OR BUSINESS, LOST CONTENT OR DATA, ARISING OUT OF OR IN CONNECTION WITH ENIGMA
SERVICES, INCLUDING, WITHOUT LIMITATION, THE THIRD PARTY CODE AND THIRD PARTY
DATA, THE WEBSITE OR THESE TERMS; (B) WITHOUT LIMITING THE FOREGOING, FOR
DAMAGES OF ANY KIND RESULTING FROM (I) YOUR USE OF OR INABILITY TO USE ENIGMA
SERVICES, INCLUDING, WITHOUT LIMITATION, THE THIRD PARTY CODE AND THIRD PARTY
DATA,OR THE WEBSITE, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN

CONNECTION THEREWITH OR (II) ANY LOSS OF USER DATA FROM THE WEBSITE; OR (C) FOR
ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY
PAID BY YOU IN CONNECTION WITH ENIGMA SERVICES IN THE SIX (6) MONTHS PRECEDING
THE EVENT GIVING RISE TO YOUR CLAIM. THE PROVISIONS OF THIS SECTION ALLOCATE THE
RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON
THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. THESE
LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT ENIGMA OR THE ENIGMA PARTIES
HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATIONS OF LIABILITY OF
ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR
THE BENEFIT OF BOTH ENIGMA AND EACH OF THE OTHER ENIGMA PARTIES. SOME
JURISDICTIONS MAY PROHIBIT LIMITATIONS OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGE. IN THESE JURISDICTIONS, ENIGMA’S AND THE OTHER ENIGMA
PARTIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT UNDER ANY SUCH
APPLICABLE LAW.

8. INDEMNIFICATION
‍If you are a Paying User, we will defend any intellectual property infringement
claims brought by a third party against you with respect to Enigma Services and
cover any damages awarded. However, in certain situations we may be off the hook
for defense and damages, such as where you use Enigma Services in breach of
these Terms or combine Enigma Services with another application.

If a third party makes a claim against Enigma resulting from your breach of
these Terms, your use of Enigma Services or your User Data, you must cover any
damages awarded against us.

Section 8.3 details the process we both have to follow to get the benefit of
indemnification.

8.1 Indemnification by Enigma
‍If you are a Paying User, Enigma will defend you from and against all claims,
demands, suits or proceedings made or brought against you by a third party
alleging that Enigma Services infringe or misappropriate such third party’s
intellectual property rights (an “Infringement Claim”), and Enigma will
indemnify you from any damages, attorney fees, and costs finally awarded against
you as a result of, or for any amounts you pay to settle an Infringement Claim
under a settlement for which Enigma has given its prior written approval.
Notwithstanding the foregoing, Enigma will not have any liability under this
Section 8.1 to the extent an Infringement Claim arises from: (a) your use of
Enigma Services in breach of these Terms; (b) the combination, operation or use
of Enigma Services with other applications; (c) modification to Enigma Services
other than by Enigma; or (d) your or your Authorized Personnel’s use of Enigma
Services in a manner for which Enigma Services were not designed or intended or
as not described in the Documentation.

8.2 Indemnification by User
‍You will defend Enigma and its officers, directors, employees and affiliates
(collectively, the “Enigma Indemnified Parties”) from and against all claims,
demands, suits or proceedings made or brought against an Enigma Indemnified
Party by a third party relating to or resulting from (a) your or your Authorized
Personnel’s breach of these Terms, (b) your or your Authorized Personnel’s use
of Enigma Services or (c) your User Data, including, without limitation, any
intellectual property claims for infringement or misappropriation (collectively,
“User Indemnifiable Claims”), and you will indemnify the Enigma Indemnified
Parties from any damages, attorney fees, and costs finally awarded against the
Enigma Indemnified Parties as a result of, or for any amounts the Enigma
Indemnified Parties pay to settle a User Indemnifiable Claim under a settlement
for which you have given your prior written approval.

8.3 Indemnification Process
‍An indemnifying party (an “Indemnifying Party”) will have no obligations
pursuant to Section 8.1 or Section 8.2, as applicable, unless and until the
party seeking indemnification (an “Indemnified Party”) provides: (a) prompt
written notice of any Infringement Claim or User Indemnifiable Claim (each, a
“Claim”) to the Indemnifying Party (although the failure to give such notice
will not preclude the Indemnified Party’s ability to seek indemnification so
long as the Indemnifying Party is not materially prejudiced as a result; (b) the
exclusive right to control and direct the investigation, defense and settlement
of such Claim (subject to the settlement approval rights of the Indemnified
Party); and (c) all reasonable cooperation at the expense of the Indemnifying
Party. Notwithstanding the foregoing, (x) an Indemnified Party reserves the
right, at its own expense, to participate in the defense of a Claim and (y) an
Indemnifying Party will not settle any Claims for which it has an obligation to
indemnify pursuant to Section 8.1 or 8.2, as applicable, admitting liability or
fault on behalf of the Indemnified Party nor create any obligation on behalf of
the Indemnified Party without the Indemnified Party’s prior written approval.

9. PUBLICITY
‍Unless you tell us not to, we are permitted to use your name and logo in
marketing Enigma Services to other Users and potential Users.  

9.1 Use of Logos and Marks
‍You grant to Enigma and its Affiliates a limited, non-exclusive,
non-transferable (except as otherwise provided herein), royalty-free license to
use your trade names, trademarks, and service marks (collectively, together with
the Enigma marks listed above, the “Marks”).

Your grant of the foregoing rights is subject to the following: (a) Enigma does
not create a unitary composite mark involving a Mark of the other without your
prior written approval; (b) Enigma display symbols and notices clearly and
sufficiently indicating the trademark status and ownership of the other’s Marks
in accordance with applicable trademark law and practice; and (c) Enigma
complies with any written guidelines provided by you related to use of your
Marks. Enigma acknowledges your ownership rights in your Marks and agrees that
all use and goodwill of the Marks will inure to the benefit, and be on behalf,
of you. Enigma acknowledges that its utilization of your Marks will not create
in it, nor will Enigma represent it has, any right, title, or interest in or to
your Marks other than the licenses expressly granted herein.

9.2 Publicity
‍You grant Enigma the right to publicly identify you as a User. Enigma will not
imply any untrue sponsorship, endorsement or affiliation between you and Enigma.

9.3 Termination of Rights
‍You may revoke the rights granted in Sections 9.1 and/or 9.2 at any time by
providing written notice to Enigma.  Upon termination of these Terms, both you
and Enigma are required to remove any public references to our relationship.

10. TERM AND TERMINATION
‍Enigma Services are provided on a non-subscription basis. That means you are
free to terminate your use of Enigma Services at any time (although we will be
sad to see you go!). We may also terminate or suspend your access to Enigma
Services at any time, for example, if we find that you are breaching these
Terms.

Even if your access to Enigma Services is terminated, certain rights and
obligations of you and Enigma continue. These are described in more detail in
Section 10.5.

10.1 Term
‍These Terms are effective on the date that is the earlier of (a) your
acceptance of these Terms or (b) your access to or use of Enigma Services, and
continue until terminated by you or Enigma.

10.2 Termination by User
‍You may terminate your User Account and/or these Terms at any time for any
reason by contacting support@enigma.com. Any termination by you will not relieve
you of any current or future obligations to pay any fees owed to us under these
Terms or any Additional Agreement.

10.3 Termination by Enigma
‍Enigma may terminate (or suspend, in our discretion) your access to Enigma
Services, your User Account and these Terms at any time for any reason by
providing notice to you. For example, in the event of your breach of these
Terms, Enigma may terminate your access to Enigma Services or otherwise may
suspend such access and provide you with an opportunity to cure any such breach.
Termination and/or suspension is not an exclusive remedy available to Enigma and
the exercise by either party of any remedy under these Terms will be without
prejudice to any other remedies it may have under these Terms, by law, or
otherwise.

10.4 Effect of Termination
‍Upon any termination of these Terms by you or Enigma, you are required to
immediately cease any and all use of and access to Enigma Services, and direct
all your Authorized Personnel to do the same. You must also destroy (or, at
Enigma’s request, return) any Confidential Information of Enigma in your or your
Authorized Personnel’s possession. If you are a Paying User, you will be charged
for your use of Enigma Services up to the time of termination and you are
obligated to pay any such charged fees. You acknowledge that, except as exported
or printed prior to termination by you as may be permitted through the
functionality of Enigma Services, following termination you will have no further
access to any User Data input into Enigma Services, and that Enigma may delete
any such User Data at any time. Except where an exclusive remedy is specified in
these Terms, the exercise by either party of any remedy under these Terms,
including termination, will be without prejudice to any other remedies it may
have under these Terms, by law, or otherwise.

10.5 Survival of Terms
‍The following sections will survive any termination of these Terms: Sections
2.7 (User Obligations), 2.8 (User Restrictions), 2.9 (Permitted Disclosures), 3
(Ownership), 4.2 (Fees and Payment), 5 (Confidentiality), 7 (Warranty Disclaimer
and Limitation of Liability), 8 (Indemnification), 10 (Term and Termination), 11
(General Terms) and 12 (Dispute Resolution and Arbitration).

11. GENERAL
‍This Section provides answers to procedural questions you may have, such as

 * Am I permitted to assign these Terms?
 * What law applies to these Terms?
 * How I am informed of amendments to these Terms?
 * Can Enigma enforce rights it previously waived against me?
 * How do I provide notice to Enigma?

We encourage you to read this section carefully to understand how it impacts
your rights and obligations under these Terms.

11.1 Assignment
‍These Terms will bind and inure to the benefit of each party’s permitted
successors and assigns. Enigma may assign these Terms to any affiliate or in
connection with a merger, reorganization, acquisition or other transfer of all
or substantially all of Enigma’s assets or equity. You may not assign or
transfer these Terms without Enigma’s prior written approval, except that you
may assign these Terms without Enigma’s prior written approval in connection
with any merger, consolidation, sale of all or substantially all of your assets
or equity so long as: (a) the assignee must not be a direct competitor of
Enigma; (b) you provide prompt written notice of such assignment to Enigma; (c)
the assignee is capable of fully performing your obligations under these Terms,
and (d) the assignee agrees to be bound by the terms and conditions of these
Terms. Any attempt to transfer or assign these Terms without such prior written
approval will be null and void.

11.2 Governing Law; Jurisdiction and Venue
‍Enigma Services are controlled and operated from the United States, and are not
intended to subject Enigma to any non-U.S. jurisdiction or law. Excluding
conflict of laws rules, these Terms will be governed by and construed under the
laws of the State of New York. Notwithstanding the preceding sentences with
respect to the substantive law, any arbitration conducted pursuant to these
Terms will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The
United Nations Convention on Contracts for the International Sale of Goods and
the Uniform Computer Information Transactions Act, as currently enacted by any
jurisdiction or as may be codified or amended from time to time by any
jurisdiction, do not apply to these Terms. Unless otherwise elected by Enigma in
a particular instance, you expressly agree to submit to the exclusive personal
jurisdiction of the federal and state court of the State of New York for the
purpose of resolving any dispute if the arbitration provision in Section 12 is
found to be unenforceable or if Enigma does not elect to pursue arbitration
pursuant to Section 12.

11.3 Amendments
‍Enigma reserves the right to change these Terms from time to time by (a)
posting revised Terms on the Website and (b) providing notice to you that these
Terms have changed by any reasonable means, including notice posted to the
Website and/or sent to the contact information linked to your User Account. Any
changes will not apply retroactively. You are responsible for reviewing and
becoming familiar with any changes to these Terms.

From time to time, we may ask you to review and explicitly agree to (or reject)
revised Terms. In such cases, the changes will become effective at the time of
your agreement to the revised Terms. Otherwise, you are bound by changes on the
effective date as stated in the revised Terms. If any change to these Terms is
not acceptable to you, your only remedy is termination in accordance with
Section 10.

11.4 No Waiver
‍Our failure to enforce at any time any provision of these Terms, any Additional
Agreement or any other of your obligations does not waive our right to do so
later. If we do expressly waive any provision of these Terms, any Additional
Agreement or any of your other obligations, that does not mean it is waived for
all time in the future. Any waiver must be in writing and signed by the party
waiving its rights to be legally binding.

11.5 Interpretation; Construction; Severability
‍The heading references and annotations at the start of each section are for
convenience only, do not constitute a part of these Terms, and will not be
deemed to limit or affect any of the provisions of these Terms. Unless expressly
stated otherwise, the use of the term “including” or “such as” is not to be
interpreted as limiting the generality of the text preceding the provision. No
provision of these Terms will be construed against any party on the basis of
that party being the drafter. If any provision of these Terms is adjudged by any
court or tribunal of competent jurisdiction to be unenforceable or invalid, that
provision will be limited to the minimum extent necessary so that these Terms
will otherwise remain in effect.

11.6 Entire Agreement; Order of Precedence
‍These Terms, the Privacy Policy and any Additional Agreement are the complete
and exclusive statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreements and
communications relating to the subject matter of these Terms; provided that
nothing in these Terms will amend or supersede the terms of any confidentiality
or non-disclosure agreement that you have separately executed with Enigma or its
Affiliates. In the event of any conflict or inconsistency among the following
documents, the order of precedence will be: (a) any Additional Agreement; (b)
these Terms; (c) the Privacy Policy; and (d) the Documentation.

11.7 Relationship
‍You and Enigma are independent contractors in the performance of each and every
part of these Terms. Nothing in these Terms is intended to create or will be
construed as creating an employer-employee relationship or a partnership,
agency, joint venture, or franchise. You and Enigma will be solely responsible
for all of its respective employees, contractors and agents and its respective
labor costs and expenses arising in connection with its respective employees and
agents. You and Enigma will also be solely responsible for any and all claims,
liabilities or damages or debts of any type that may arise on account of each of
its respective activities, or those of each of its respective employees,
contractors or agents, in the performance of these Terms. Neither you nor Enigma
has the authority to commit the other in any way and will not attempt to do so
or imply that it has the right to do so.

11.8 Audit Rights
‍Enigma may audit your compliance with these Terms, your use of Enigma Services,
and your software monitoring system and records so long as such audit is
conducted during regular business hours with reasonable notice to you. If such
inspections or audits disclose that you have accessed or permitted access to
Enigma Services in a manner that is not permitted under these Terms, then Enigma
may terminate these Terms pursuant to Section 10 and you are liable for the
reasonable costs of the audit in addition to any other fees, damages and
penalties Enigma may be entitled to under these Terms and applicable law.

11.9 Force Majeure
‍No failure, delay or default in performance of any obligation of you or us will
constitute an event of default or breach of these Terms to the extent that such
failure to perform, delay or default arises out of a cause, existing or future,
that is beyond the control and without negligence of you or us, including action
or inaction of governmental, civil or military authority; fire; strike, lockout
or other labor dispute; flood, terrorist act; war; riot; theft; earthquake and
other natural disaster. The party affected by such cause is required to take all
reasonable actions to minimize the consequences of any such cause.

11.10 Notice
‍You agree that Enigma can provide notices regarding Enigma Services to you
through the Website or by mailing notices to the contact information associated
with your User Account and that electronic delivery of a notice has the same
legal effect as if we provided you with a

physical copy. Any notices to Enigma must be provided in writing and sent to the
following address:

Enigma Technologies, Inc.
245 Fifth Avenue, 17th Floor
New York, NY 10016

Attention: Legal Department
Email: legal@enigma.com

Notices sent by mail will be deemed given either upon receipt if by personal
delivery or if sent by certified or registered mail (return receipt requested)
or 24 hours after it is sent if by next day delivery by a major commercial
delivery service. Any notices sent by email will be effective upon receipt. Any
notice posted to the Website will be deemed to have been received by you within
24 hours of the time such notice is posted.

12. DISPUTE RESOLUTION AND ARBITRATION
‍We hope you have a positive experience using Enigma Services. Should a dispute
arise, please contact our legal team before bringing a legal case. If our legal
team is not able to resolve your dispute, you agree that we may elect to submit
the dispute to binding arbitration (unless it’s a small claims court case, an IP
dispute or a claim seeking injunctive relief).  You waive any rights you may
have to bring disputes via a class proceeding or in front of a jury.

12.1 Arbitration
‍For any dispute with Enigma, you agree to first contact us at legal@enigma.com
and attempt to resolve the dispute with us directly. In the unlikely event that
Enigma has not been able to resolve a dispute it has with you after sixty (60)
days, Enigma reserves the right to resolve any claim, dispute, or controversy
arising out of or in connection with or relating to these Terms, or the breach
or alleged breach thereof, by binding arbitration by the American Arbitration
Association (the “AAA”) under its Consumer Arbitration Rules (currently
available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf), if
you are a consumer or its Commercial Arbitration Rules (currently available at
https://www.adr.org/sites/default/files/Commercial%20Rules.pdf), if you are not
a consumer, in each case as amended by these Terms.  The arbitrator will conduct
hearings, if any, by teleconference or videoconference, rather than by personal
appearances, unless the arbitrator determines upon request by you or by us that
an in-person hearing is appropriate. Any in-person appearances will be held at a
location which is reasonably convenient to both parties with due consideration
of their ability to travel and other pertinent circumstances. If the parties are
unable to agree on a location, such determination should be made by the AAA or
by the arbitrator. The arbitrator’s decision will follow these Terms and will be
final and binding.The award rendered by the arbitrator may be confirmed and
enforced in any court having jurisdiction in accordance with these Terms.
Notwithstanding any of the foregoing, nothing in these Terms will limit the
right of you or Enigma to: (a) bring an individual action in small claims court;
(b) pursue an enforcement action through the applicable  federal, state or local
agencies if that action is available; (c) seek injunctive relief in a court of
law; or (d) file suit in a court of law to address an intellectual property
infringement claim.

If you are a consumer and do not want to be bound by this arbitration provision,
you may opt out by delivering notice to us in accordance with Section 11.10
within thirty (30) days of the earlier of the date you first access or use
Enigma Services and the date you agree to these Terms.

12.2 Class Action and Jury Trial Waiver
‍WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE
OBTAINED OR USED ENIGMA SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL
CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION,
PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER
APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY
NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO
THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A
CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER
REPRESENTATIVE PROCEEDING OF ANY KIND. THIS WAIVER MAY BE WAIVED BY ENIGMA IN
ITS SOLE DISCRETION.

Previous versions of Enigma's Terms of Service can be found here.

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SECURITY


SECURITY OVERVIEW

ENIGMA UTILIZES AMAZON'S TOP-TIER SECURE CLOUD SERVICES.

Enigma’s DaaS (Data as a Service) solution is utilizing top-tier secure cloud
services provided by Amazon Web Services (AWS).

WE TAKE OUR CUSTOMERS’ TRUST SERIOUSLY.

Enigma is trusted by multiple Fortune 500 companies across various industries
and some of the country’s largest financial institutions. Our security program
is built to exceed their highest security requirements.


DATA SECURITY

DATA TRANSPORT

At Enigma, sensitive information is transported over the internet or other
public communications only if it is encrypted in transit. Communications between
customer and Enigma are encrypted using transport layer security (TLS)
encryption for web communication sessions. Enigma regularly updates TLS
configuration to ensure only secure encryption ciphers are in use.

Enriching customer data with Enigma's attributes is secure and easy with the
console's(link:https://console.enigma.com) secure file exchange feature. Users
can upload data using a common file format and securely transmit it through
their web browser directly to Enigma's servers. As with other communications,
this system uses HTTPS (TLSv1.2+) to ensure the contents are encrypted in
transit. Additionally, all files are subject to a scan for malware and viruses.
Once on Enigma servers, the data is stored in our SOC 2-compliant production
environment with a defense-in-depth strategy including strict access logs and
regular audits of all relevant infrastructure.

ENCRYPTION-AT-REST

All Enigma server storage is encrypted-at-rest, including any metadata,
application data and virtual disks the Enigma servers at AWS use to operate.


PEOPLE

All Enigma employees undergo background checks upon hiring and participate in
our security training program.

SECURITY TRAINING PROGRAM

At Enigma, we incorporate security not just as a core feature of our technology,
but also as a cornerstone of our company culture. All Engima employees receive
security training upon hire and regularly thereafter. Employees have easy access
to communication with security to handle any security questions or concerns as
they arise.


SOFTWARE SECURITY

PEN-TESTS

Enigma’s SaaS applications undergo routine annual penetration tests by
third-party security firms. Enigma’s underlying infrastructure is augmented by
Amazon AWS’s own independent compliance and security testing, and 24/7
monitoring of security-related events by dedicated teams.

MONITORING & AUDITING

Enigma has an extensive ongoing security and monitoring in place for its hosted
application, including ongoing vulnerability scanning and Intrusion Detection
System monitoring of the hosted environment.

Enigma’s security team is alerted to the presence of any anomalies when
accessing internal infrastructure, such as including identification of
suspicious signs such as failed login attempts, logins from unknown and
off-premise IP addresses or logins during off-hours.


ENIGMA'S RESPONSIBILITIES

 * Safeguard your data once you upload it to Enigma
 * Ensure up-to-date encryption ciphers are used to protect customer data
 * Scan and test our web application and infrastructure for vulnerabilities and
   resolve any issues
 * Make sure our service is operating properly
 * Keep up with industry best practices regarding security
 * Inform you of any security incidents that might affect your organization


CUSTOMER'S RESPONSIBILITIES

 * Keeping Enigma API keys and credentials safe and not sharing them
 * Making sure devices you use Enigma with are up-to-date, safe to use and free
   of malware, etc
 * Training your staff on cybersecurity awareness and best practices
 * Inform Enigma of any security incidents, issues or concerns related to using
   Enigma


REPORTING SECURITY INCIDENTS

If you suspect a security issue or anyone in your organization's Enigma account
may have been compromised, please contact Enigma support at security@enigma.com.

If you are a security researcher who has potentially discovered a security
weakness or vulnerability in Enigma's systems, please send an email to
security@enigma.com with information and we will provide information on secure
responsible disclosure.

Also feel free to e-mail us if you have any questions.

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