Terms of Service

1. About these Terms

These Terms and Conditions (“Terms”) govern access to and use of encarmo.com and the Encarmo software, tools, subscriptions, and related services (“Services”).

The Services are provided by Inflowen, trading as Encarmo, with its registered address at 75 E 3rd St., Sheridan, WY, United States, 82801, Wyoming, WY (“Encarmo,” “we,” “us,” or “our”). Contact us at support@encarmo.com.

By accepting these Terms during registration or purchase, or otherwise expressly agreeing to them, you enter into an agreement with Encarmo. If you accept on behalf of a business or organization, you confirm that you have authority to bind it. In that case, “you” and “your” refer to that organization and, where relevant, its authorized users.

If you do not agree, do not create an account or purchase or use Services that require acceptance of these Terms.

A signed agreement or order form prevails over conflicting provisions of these Terms for its subject matter. An applicable data processing agreement governs the processing of customer-controlled personal information. Product-specific terms apply where presented and accepted.

2. Eligibility and business use

Encarmo is intended primarily for lawful business and professional use. You must be at least 18 years old, or the legal age required to enter into this agreement in your jurisdiction, and legally capable of doing so.

You must provide accurate registration, business, billing, and contact information and keep it current. You may not impersonate another person or register for a business without authorization.

Where you qualify as a consumer under applicable law, nothing in these Terms removes mandatory consumer protections.

3. Services and feature availability

Encarmo offers business management features that may include accounting, invoicing, inventory, CRM, HR, payroll, scheduling, reporting, and free business tools. Availability depends on the selected plan, enabled modules, location, and any disclosed technical or eligibility requirements.

Your purchase covers the features and limits identified in the applicable order or checkout description. Product roadmaps, previews, and announcements are not commitments to deliver future functionality unless expressly incorporated into your agreement.

We may improve and update the Services. We will give reasonable advance notice of changes that materially reduce the core functionality of a paid subscription, except where urgent security, legal, or operational circumstances make advance notice impracticable. Such changes remain subject to our contractual obligations and any remedies required by law.

4. Accounts and authorized users

You are responsible for managing authorized users, assigning appropriate permissions, protecting credentials, and promptly removing access when no longer appropriate.

Use available account security controls and inform us promptly of suspected unauthorized access. Do not share passwords or access tokens publicly or with unauthorized persons.

You are responsible for activity you or your authorized users direct or permit through your account. This does not make you responsible for an incident to the extent it results from our breach of an applicable obligation.

Workspace administrators may manage users, configurations, records, exports, and integrations within their assigned permissions. You are responsible for resolving internal disputes over account ownership and authority; we may request reasonable evidence before transferring control.

5. Free services and trials

Free features and trial periods are subject to the eligibility, duration, and limits presented when you activate them. Unless expressly stated otherwise, trials are for evaluation and may be restricted to prevent repeated or abusive registrations.

A trial that does not require a payment method will not result in an automatic charge merely because the trial ends. A paid subscription begins only after you authorize the purchase and applicable recurring billing terms.

If a specific offer includes automatic conversion from a trial to a paid subscription, the price, billing interval, conversion date, and cancellation method must be disclosed before you agree. Required reminders and consent requirements apply.

We may modify or discontinue free features with reasonable advance notice where practical, and without liability, subject to any explicit commitments given for a specific free plan.

6. Subscriptions, fees, and billing

Subscription fees, billing intervals, user allowances, usage thresholds, and payment methods are set out at checkout or in the applicable order form.

By providing a payment method, you authorize us and our authorized payment processors to charge recurring subscription fees and applicable taxes at each billing interval until you cancel. You must keep billing details accurate and authorize us to obtain updated payment details where permitted by payment network rules.

Subscriptions renew automatically for successive periods matching the agreed billing interval, unless you cancel before the renewal date through your account settings or by contacting customer support.

We may change fees for upcoming billing periods. We will provide at least 30 days’ advance notice of any price change before it takes effect. If you do not agree, you may cancel your subscription before the new price applies.

If a payment fails, we may notify you, retry the transaction, restrict access to paid features, or suspend the workspace until payment is resolved. You remain responsible for unpaid amounts, together with any reasonable collection costs required by law.

Payments are non-refundable except where required by law, stated in a written refund policy presented at purchase, or provided for in these Terms.

7. Taxes

Stated fees exclude sales, use, value added, goods and services, or similar indirect taxes unless stated otherwise.

You are responsible for taxes associated with your purchase, other than taxes based on Encarmo’s net income. Where we are legally required to collect tax, we will add it to the invoice or charge.

If you provide a valid exemption certificate, VAT identification number, or equivalent documentation, we will apply it prospectively in accordance with applicable rules.

Payments must be made without reduction for withholding taxes, except where required by law. Where withholding is legally required, you must provide official tax receipts or certificates promptly so that applicable credits or exemptions can be verified.

8. Acceptable use

You agree not to use, or permit others to use, the Services to:

• Violate applicable laws, regulations, sanctions, or export control rules;
• Infringe, misappropriate, or violate intellectual property, privacy, or other rights;
• Transmit malicious code, conduct denial-of-service attacks, or bypass security or authentication controls;
• Access or probe systems, networks, or data without authorization;
• Send unsolicited commercial communications or spam in violation of applicable marketing rules;
• Process data you do not have the right or lawful basis to process;
• Reverse engineer, decompile, or disassemble software components, except to the extent permitted by applicable law that cannot be contractually waived;
• Resell, sublicense, time-share, or use the Services as a service bureau for third parties, unless expressly permitted by an authorized partner agreement; or
• Circumvent plan limits, user thresholds, or feature restrictions.

We may suspend or restrict access to accounts that violate this section or create immediate operational, legal, or security risks.

9. Customer Data, ownership, and permissions

“Customer Data” means data, files, records, information, and other materials submitted to, stored in, or processed through your workspace by you or your authorized users.

As between you and Encarmo, you retain all ownership, intellectual property rights, and interest in your Customer Data.

You grant Encarmo a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and process Customer Data only to the extent necessary to provide, secure, maintain, and support the Services, comply with applicable law, and carry out your instructions.

You represent and warrant that you have obtained all necessary rights, notices, and permissions to submit Customer Data to the Services and authorize its processing.

We do not sell Customer Data or use customer personal data to train publicly accessible machine learning models without express consent.

10. Encarmo intellectual property and feedback

Encarmo and its licensors retain all right, title, and interest in and to the Services, including all software, user interfaces, documentation, visual designs, trademarks, logos, and technical infrastructure, together with all related intellectual property rights.

Subject to these Terms and timely payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during your subscription term to access and use the Services for your internal business operations.

You may provide feedback, suggestions, or ideas regarding the Services. If you do, you grant us an unrestricted, perpetual, irrevocable, transferable, royalty-free license to use, adapt, and incorporate that feedback into our products and services without compensation or attribution.

11. Third-party services and integrations

The Services may allow you to connect with third-party tools, payment processors, communication services, or applications (“Third-Party Services”).

Third-Party Services are governed by their own terms and privacy notices. We are not responsible for their availability, security, performance, or content, nor for how third parties process data once you authorize them to receive it.

If you enable an integration, you authorize Encarmo to exchange relevant Customer Data and credentials with that third party to the extent necessary to support the connection.

12. Confidentiality

“Confidential Information” means non-public business, technical, commercial, or operational information disclosed by one party to the other that is marked confidential or reasonably understood to be confidential given its nature and the circumstances of disclosure. Customer Data is your Confidential Information. Pricing, product roadmaps, security assessments, and non-public technical documentation are Encarmo’s Confidential Information.

The receiving party will protect Confidential Information with at least reasonable care, use it only to exercise rights or perform obligations under this agreement, and disclose it only to employees, contractors, professional advisers, and subprocessors who need to know and are bound by confidentiality obligations at least as restrictive as these.

Confidentiality obligations do not apply to information that is or becomes publicly known through no breach, was already known without restriction, is independently developed without reference to the disclosing party’s information, or is lawfully received from a third party without duty of confidentiality.

A party may disclose Confidential Information to the extent required by a court, regulatory authority, or legal process, provided it gives prompt advance notice where legally permitted and cooperates with reasonable efforts to seek protective treatment.

13. Data protection and security

Each party will comply with applicable data protection laws. Where we process personal data subject to European, UK, Swiss, or comparable data protection regimes on your behalf as a processor or service provider, our Data Processing Addendum (“DPA”) applies and is incorporated into these Terms.

We implement and maintain technical, administrative, and physical safeguards designed to protect Customer Data against unauthorized access, loss, alteration, or disclosure, appropriate to the nature of the data and our operations.

If we confirm a security incident that affects your Customer Data, we will notify you without undue delay after confirmation, taking into account the requirements of applicable law and reasonable security investigation needs.

14. Free tools and informational resources

Encarmo provides certain public calculators, generators, guides, and templates for general informational and preliminary business planning purposes.

These tools and resources do not constitute certified legal, accounting, tax, investment, or regulatory advice. Outputs depend on user inputs and standard assumptions, and may not reflect specific statutory rules, local rates, or professional standards applicable to your business.

You are responsible for verifying calculations and consulting qualified professional advisers before relying on outputs for financial filings, binding payroll runs, tax submissions, or legal documents.

15. Service availability and maintenance

We use commercially reasonable efforts to make the Services available with high reliability. However, access may be subject to scheduled maintenance, emergency security patches, system upgrades, or interruptions caused by factors beyond our reasonable control.

We will endeavor to provide advance notice of scheduled maintenance that is expected to result in significant downtime.

Unless explicitly agreed in a separate written service level agreement (“SLA”), we do not guarantee uninterrupted, error-free, or continuous operation.

16. Warranties and disclaimers

We represent that we have the authority to enter into these Terms and will provide paid Services with reasonable care and skill consistent with general software industry standards.

Except as expressly provided in these Terms or required by mandatory law, the Services, documentation, and free features are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by law, Encarmo disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, and accuracy. We do not warrant that the Services will meet your specific business requirements, integrate uninterruptedly with every third-party system, or achieve specific revenue, profit, or tax outcomes.

17. Limitation of liability

To the maximum extent permitted by applicable law, neither party nor its affiliates, suppliers, or licensors will be liable under or in connection with these Terms for:

• Indirect, incidental, special, consequential, punitive, or exemplary damages; or
• Loss of profits, business revenue, goodwill, anticipated savings, or business opportunity; or
• Loss, corruption, or compromise of data, except to the extent caused by breach of our contractual data protection obligations.

Except for exclusions provided below, each party’s aggregate liability arising out of or relating to these Terms or the Services will not exceed the total fees paid or payable by you to Encarmo in the twelve (12) months preceding the event giving rise to liability. For free services or trials, aggregate liability will not exceed one hundred United States dollars (US $100.00).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence where prohibited, or death or personal injury caused by negligence.

18. Indemnification

You agree to defend, indemnify, and hold harmless Encarmo, its affiliates, directors, officers, employees, and agents against third-party claims, liabilities, damages, losses, and reasonable expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your Customer Data, including allegations that it infringes third-party intellectual property or privacy rights;
• Your violation of acceptable use provisions or applicable law; or
• Disputes between you and your customers, employees, or contractors arising from your use of the Services.

Encarmo will defend you against third-party claims alleging that your authorized use of the paid Services infringes a third-party copyright, patent, or trademark, and indemnify you against final judgments or approved settlements, provided you give prompt written notice, sole control of the defense and settlement, and reasonable cooperation.

19. Term, suspension, and termination

These Terms begin when accepted and continue until your subscription expires or is terminated, or until access to all Services has ended.

You may cancel your subscription at any time through account settings or customer support. Cancellation takes effect at the end of the current billing cycle, without refund for the remaining unused period unless required by law.

Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure the breach within 30 days of receiving written notice, or becomes the subject of bankruptcy, insolvency, liquidation, or assignment for the benefit of creditors.

We may suspend or terminate access immediately if your account is delinquent, you violate acceptable use rules, suspension is required by law or a valid court order, or continued operation poses an immediate security or legal risk to others.

Post-Termination Export Window: Upon termination or expiration of your subscription, you have thirty (30) days to export your Customer Data using built-in self-service export features. Following this 30-day export window, we have no obligation to maintain or provide Customer Data and will permanently delete or overwrite workspace records in accordance with our standard data retention schedule, unless retention is required by law.

Sections relating to fees, ownership, confidentiality, limitation of liability, indemnification, dispute resolution, and general provisions survive termination.

20. Governing law and dispute resolution

These Terms and any dispute arising out of or in connection with them are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing a formal claim, both parties agree to attempt to resolve disputes informally by providing written notice and negotiating in good faith for at least 30 calendar days.

Any dispute that cannot be resolved through informal negotiations will be brought exclusively in the state or federal courts located in the State of Wyoming, USA, and both parties consent to personal jurisdiction and venue in those courts.

Where permitted by law, claims must be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

21. Updates to these Terms

We may update these Terms from time to time to reflect product enhancements, legal requirements, or operational changes.

We will update the “Last Updated” date at the top of this page. For material changes, we will provide reasonable advance notice (such as via email or in-app notification) at least 30 days before changes take effect.

Continued use of the Services after updated Terms become effective constitutes acceptance. If you do not agree to material modifications, your sole remedy is to cancel your subscription prior to the effective date.

22. General provisions

Entire Agreement: These Terms, together with any order forms, applicable DPA, and accepted product policies, constitute the entire agreement between the parties regarding the Services and supersede all prior discussions, representations, and understandings.

Severability: If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and remaining provisions will remain in full force.

Waiver: A failure or delay in exercising any right or remedy does not operate as a waiver of that or any other right.

Assignment: You may not assign or transfer rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, reorganization, acquisition, or sale of substantially all relevant assets.

Force Majeure: Neither party is liable for failure or delay in performance caused by circumstances beyond reasonable control, including acts of God, war, terrorism, civil unrest, utility failures, denial-of-service attacks, and natural disasters.