Terms of Service

Effective from June 5, 2026

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of www.enlear.com (the “Site”) and the developer content marketing services provided by Enlear (“Enlear”, “we”, “us”, or “our”). By accessing the Site, requesting a proposal, entering into a service agreement, or otherwise engaging with our services (“Services”), you (“Client” or “you”) agree to be bound by these Terms and by our Privacy Policy.

2. Definitions

• “Deliverables” means content, materials, reports, strategies, and other work product Enlear creates for the Client under an SOW.
• “SOW” or “Service Agreement” means a statement of work, engagement letter, or other written agreement that describes the specific Services, fees, and timelines.
• “Client Materials” means information, content, brand assets, and other materials provided by the Client to Enlear.

3. Description of Services

Enlear provides developer-focused content strategy, content production, content distribution, SEO, and related developer relations services. The specific scope, deliverables, fees, timeline, and any service-level commitments for each engagement are set out in an SOW or Service Agreement signed by both parties. In the event of a conflict between these Terms and an SOW, the SOW will prevail with respect to the specific engagement.

4. Eligibility

You represent that you are at least 18 years old and have the legal authority to enter into a binding agreement, including on behalf of any company you represent. Our Services are intended for businesses and are not directed to consumers acting in a personal capacity.

5. Fees and Payment

Fees are set out in the applicable SOW. Unless otherwise agreed, Enlear invoices monthly in advance for ongoing services and on milestone completion for project work. Invoices are due within thirty (30) days of issue. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and Enlear may suspend Services for accounts more than thirty (30) days overdue. Fees are exclusive of applicable taxes, which are the Client's responsibility.

6. Intellectual Property

6.1 Deliverables. Upon full payment of all fees due under the applicable SOW, Enlear assigns to the Client all of its right, title, and interest in the Deliverables, except for any pre-existing or third-party materials.

6.2 Pre-existing materials. Each party retains ownership of its pre-existing materials. Enlear grants the Client a non-exclusive, worldwide, royalty-free license to use any Enlear pre-existing materials embedded in the Deliverables solely for the Client's intended use of the Deliverables.

6.3 Client Materials. The Client grants Enlear a non-exclusive, worldwide license to use Client Materials solely as necessary to perform the Services. The Client represents that it owns or has the right to provide the Client Materials to Enlear.

6.4 Portfolio. Unless otherwise agreed in writing, Enlear may reference the Client's name, logo, and a general description of the Services provided for marketing and portfolio purposes.

7. Confidentiality

Each party agrees to keep confidential the non-public information disclosed by the other party that is identified as confidential or that a reasonable person would understand to be confidential. Confidential information will not be disclosed to third parties (other than employees, contractors, and advisors with a need to know and under similar confidentiality obligations) and will be used only for the purposes of the engagement. These obligations survive termination of the engagement for three (3) years, or longer for trade secrets as protected by applicable law.

8. Acceptable Use

You agree not to use the Site or the Services to:

• violate any applicable law or third-party rights;
• submit false or misleading information;
• infringe intellectual property rights or misappropriate trade secrets;
• interfere with or disrupt the Site or its security features;
• attempt to gain unauthorized access to our systems or other users' information; or
• create or promote unlawful, harmful, harassing, or deceptive content.

9. Warranties and Disclaimers

Enlear will perform the Services in a professional and workmanlike manner consistent with industry standards. EXCEPT FOR THE FOREGOING, THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ENLEAR DOES NOT WARRANT ANY SPECIFIC MARKETING, SEO, OR BUSINESS OUTCOMES.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENLEAR'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING UNDER OR RELATED TO AN ENGAGEMENT WILL NOT EXCEED THE FEES ACTUALLY PAID BY THE CLIENT TO ENLEAR UNDER THE APPLICABLE SOW IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. These limitations do not apply to liabilities that cannot be excluded under applicable law.

11. Indemnification

The Client will defend, indemnify, and hold harmless Enlear and its officers, employees, and contractors from and against any third-party claims, losses, damages, and expenses (including reasonable attorneys' fees) arising from (a) Client Materials, (b) the Client's use of the Deliverables in a manner not authorized by these Terms or the applicable SOW, or (c) the Client's breach of these Terms or applicable law.

12. Termination

Either party may terminate an engagement as provided in the applicable SOW. If no termination terms are specified, either party may terminate by giving thirty (30) days' written notice. Either party may terminate immediately if the other party materially breaches these Terms or the SOW and fails to cure within fifteen (15) days of written notice. Upon termination, the Client will pay for all Services performed and reasonable expenses incurred up to the effective termination date. Sections that by their nature should survive termination (including Sections 6, 7, 9, 10, 11, 12, and 14) will survive.

13. Modifications to the Terms

We may update these Terms from time to time. We will update the “Effective from” date above and, where appropriate, notify Clients through the Site or by email. For active engagements, the Terms in effect at the time the SOW was signed will continue to apply unless the parties agree otherwise in writing.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles, unless a different governing law is specified in the applicable SOW. The parties will first attempt to resolve any dispute through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, it will be finally settled by binding arbitration under mutually agreed rules, or in the courts of competent jurisdiction in Delaware. The parties waive any right to a jury trial to the extent permitted by law.

15. Force Majeure

Neither party will be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, government action, internet or telecommunication outages, or pandemics.

16. Miscellaneous

These Terms and any SOW constitute the entire agreement between the parties regarding the Services and supersede any prior agreements on that subject. If any provision is held unenforceable, the remaining provisions will continue in effect. A party's failure to enforce any right is not a waiver of that right. Neither party may assign these Terms without the other's written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets. The parties are independent contractors; nothing in these Terms creates a partnership, joint venture, or employment relationship.

17. Contact Us

For questions about these Terms, please contact us at hello@enlear.com.