Enovie | Terms of Use

Bruber Financial Services, Inc., a Minnesota corporation doing business as Enovie (“Enovie,” “we,” “us,” or “our”), offers a software platform that enables schools, school districts, child care providers, and other educational and community organizations to manage registration, scheduling, payments, communications, and related administration for before- and after-school care, extracurricular activities, enrichment programs, and community-based education offerings. The platform is made available through our website located at www.enovie.com, our customer and community web portals, the Enovie platform, and any Enovie mobile application (the “App”), together with all related features, content, and services (collectively, the “Services”).

These Terms of Use (“Terms”) are by and between you and Enovie and govern your access to and use of the Services. “You” and similar terms mean you, as an individual, as well as any school, district, organization, business, or other entity on whose behalf you are accessing or using the Services (“Organization”). If you access or use the Services on behalf of an Organization, you represent and warrant that you are authorized to bind that Organization to these Terms.

By (i) accessing or using the Services, including visiting our website, downloading or using the App, or creating or logging in to an account, or (ii) clicking “I Agree,” “Submit,” “Create Account,” or a similar button or check box when prompted, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

THESE TERMS CONTAIN A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIAL. PLEASE REVIEW THESE TERMS CAREFULLY.

We may change or amend these Terms from time to time by posting the updated Terms to the Services and updating the “Last Updated” date above. Except as otherwise required by law or a Customer Agreement (defined below), changes are effective immediately upon posting. If we make changes that materially affect your rights, we will provide additional notice as required by law. Your continued access to or use of the Services following any changes constitutes your acceptance of the updated Terms.

1. The Services; Customer and Users

Enovie provides the Services to schools, school districts, child care providers, and other organizations that have entered into a separate written agreement with Enovie (each, a “Customer,” and such agreement, a “Customer Agreement”). Customers make the Services available to their authorized personnel and to parents, guardians, and other individuals who register for or pay for programs offered by the Customer (together with Customer personnel, “Users”). The specific features available to you depend on the Customer's configuration, subscription, and permissions, and on your role.

If you are a parent or guardian, the programs, activities, and services you register for through the Services are offered by the applicable Customer, not by Enovie. Enovie provides the technology platform only. The Customer, not Enovie, is solely responsible for its programs, including program content, supervision, staffing, eligibility, enrollment decisions, scheduling, pricing, cancellations, and refunds.

If there is any conflict between these Terms and a Customer Agreement, the Customer Agreement will control as between Enovie and that Customer with respect to the subject matter it covers.

2. Eligibility

You must be at least 18 years of age to create an account or otherwise use the Services. By accessing or using the Services, you represent and warrant that you are 18 years of age or older and otherwise meet all of the requirements of these Terms. Students and other minors may not register for, create an account on, or directly access the Services. A parent, legal guardian, or authorized Customer personnel may submit information about a minor through the Services only as described in these Terms and the Privacy Policy.

The Services are intended for use in the United States. Those who choose to access the Services from outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their location.

3. Accounts and Security

Access to most features of the Services requires an account, which may be created by you or provisioned by a Customer. When you create or use an account, you agree to provide information that is accurate, complete, and current, and to update it as needed. You may not impersonate anyone else, choose an account name that is offensive or misleading, or use another person's account.

You are responsible for all activity on your account and for keeping your login credentials secure and confidential. If you believe your account has been accessed or used without your permission, you must promptly change your password and notify us using the contact information below (and, if applicable, your Organization’s administrator). Customer administrators may manage User access, permissions, and information within their Organization’s account, and may suspend or remove a User’s access at any time. Enovie is not liable for any loss or damage arising from your failure to comply with this Section.

4. Customer Data and Student Information

Information, records, and other content submitted to the Services by or on behalf of a Customer, including information submitted by parents and guardians in connection with a Customer’s programs (such as contact information, demographic information, and health, allergy, or special-needs information about a participant) (“Customer Data”), is owned and controlled by the applicable Customer. Each Customer determines what Customer Data is collected through the Services, including which fields are required or optional. Enovie does not claim ownership of Customer Data.

Enovie processes Customer Data on behalf of and at the direction of the applicable Customer to provide, maintain, support, and secure the Services, as permitted by the applicable Customer Agreement, or as required by law. Enovie does not sell Customer Data and does not use Customer Data for its own marketing purposes. Where Customer Data includes education records or other student information, Enovie handles that information as described in the applicable Customer Agreement, any data privacy addendum, and the Privacy Policy, and supports Customers in meeting their obligations under the Family Educational Rights and Privacy Act and other applicable student privacy laws.

If you submit Customer Data (including information about a child or other individual), you represent and warrant that the information is accurate, that you have the right and authority to provide it, and that you have obtained any consents required to provide it. Questions about, or requests to access, correct, or delete, Customer Data should be directed to the applicable Customer. Enovie will assist Customers with such requests as provided in the applicable Customer Agreement.

Notwithstanding the foregoing, Enovie may collect and use (i) technical and usage data relating to the operation and performance of the Services (“Technical Data”) and (ii) data that is aggregated or de-identified such that it does not identify, and cannot reasonably be used to re-identify, any individual, Customer, or student (“De-Identified Data”), to operate, maintain, secure, and improve the Services, in each case consistent with applicable law and any Customer Agreement.

5. Privacy Policy

Your access to and use of the Services is subject to the Enovie Privacy Policy, which is available at www.enovie.com/privacy-policy and is incorporated into these Terms by reference. Please review the Privacy Policy carefully to understand how we collect, use, and disclose information.

6. License Grant

Subject to your compliance with these Terms and any applicable Customer Agreement, Enovie hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services, including to download and install the App on a mobile device that you own or control, solely for your personal use or for your Organization’s internal purposes in connection with the Customer's programs. The Services are licensed to you, not sold, and you do not acquire any ownership interest in the Services under these Terms. All rights not expressly granted to you are reserved by Enovie and its licensors.

7. Acceptable Use

You may use the Services only for lawful purposes and in accordance with these Terms. You agree that you will not, and will not permit any third-party to:

Access or use the Services without authorization, or attempt to, access another User’s or Customer’s account or data;
Use Customer Data, student information, or other information obtained through the Services for any purpose not authorized by the applicable Customer or permitted by law;
Introduce any viruses, Trojan horses, worms, malware, ransomware, logic bombs, or other material that is malicious or technologically harmful;
Interfere with, disrupt, damage, probe, scan, or test the vulnerability or security of the Services, or the servers or networks on which the Services are hosted, without our prior written authorization;
Use any robot, spider, scraper, or other automated means to access, monitor, or copy the Services or any content on the Services;
Copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services, except to the extent that such restriction is prohibited by law;
Rent, resell, sublicense, or provide unauthorized access to the Services to any third party, or use the Services for benchmarking purposes or to build a competing product or service;
Submit any information or content that is false, misleading, defamatory, obscene, harassing, discriminatory, or that infringes or violates the intellectual property, privacy, or other rights of any person;
Impersonate or attempt to impersonate Enovie, an Enovie employee, a Customer, another User, or any other person or entity; or
Use the Services in any way that violates any applicable federal, state, or local law or regulation, or engage in any other conduct that restricts or inhibits anyone's use of the Services or that, as determined by us, may harm Enovie, Customers, or Users or expose them to liability.

8. Payments

The Services may allow Customers to collect registration fees, tuition, program fees, child care payments, and other amounts from parents, guardians, and other payers (each, a “Transaction”). All Transactions are processed by third-party payment processors (each, a “Payment Processor”). Enovie does not receive or store your full payment card number or other cardholder data. By submitting payment information, you (i) authorize the applicable Transaction and the charge to your selected payment method, (ii) represent and warrant that you have the right to use the payment method you submit, (iii) agree to provide accurate and complete payment information, and (iv) agree that your payment information will be provided to and processed by the Payment Processor in accordance with its own terms and privacy policy. Enovie is not responsible for how any Payment Processor collects, transmits, stores, uses, or shares your information, or for any errors or failures of a Payment Processor.

The amount, timing, and terms of each Transaction, including any fees, payment plans, late fees, cancellation policies, and refund policies, are determined by the applicable Customer, not by Enovie. Requests for refunds and disputes concerning a Customer's programs or charges should be directed to the applicable Customer. Enovie may facilitate refunds or adjustments at the direction of the Customer.

9. Communications and Text Messaging

The Services may allow Customers to send Users transactional and informational communications by email, voice message, push notification, and SMS text messages, such as registration and payment confirmations, schedule changes, reminders, attendance notices, closure notices, and emergency alerts. Customers are responsible for the content of messages they send through the Services and for complying with applicable law in connection with those messages.

If you opt in to receive SMS messages through the Services, you consent to receive recurring, non-promotional, automated text messages from or on behalf of the applicable Customer and Enovie at the mobile number you provide. Enovie does not use SMS/text messaging for marketing or promotional purposes. Consent to receive text messages is not a condition of any purchase. Message frequency varies. Message and data rates may apply. You may opt out by replying STOP to any message; you may receive one final message confirming your opt-out. For help, reply HELP for assistance or contact support@enovie.com. Wireless carriers are not liable for delayed or undelivered messages. Opting out of SMS messages may prevent you from receiving time-sensitive notices, including emergency alerts, by text message.

You represent that you are the account holder or authorized user of any mobile number you provide, and you agree to notify us or the applicable Customer promptly if you change or give up that number. More information about how we handle information collected in connection with messaging is available in our Privacy Policy.

10. Mobile App

If you download the App from the Apple App Store, Google Play, or another app marketplace (each, an “App Store”), your use of the App is also subject to the App Store's terms of service. The following additional terms apply to any App obtained from the Apple App Store: (i) these Terms are between you and Enovie only, not Apple Inc. (“Apple”), and Enovie, not Apple, is solely responsible for the App and its content; (ii) Apple has no obligation to provide any maintenance or support services for the App; (iii) if the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App, and to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App; (iv) Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, or claims arising under consumer protection or similar laws; (v) Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the App infringes that third party's intellectual property rights; (vi) you represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; and (vii) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

We may from time to time provide updates, upgrades, patches, or new features for the App (“Updates”), which may be installed automatically depending on your device settings. You agree that we have no obligation to provide any Updates, and that these Terms apply to all Updates.

11. Third-Party Services and Links

The Services may link to or integrate with third-party websites, applications, and services, including Payment Processors, state reporting systems, and other integrations that a Customer elects to enable (collectively, "Third-Party Services"). Third-Party Services are governed by their own terms and privacy policies, and Enovie does not control, endorse, or assume responsibility for any Third-Party Service. If a Customer enables a Third-Party Service, the Customer is responsible for that election and for its relationship with the provider of the Third-Party Service. Your use of any Third-Party Service is at your own risk.

12. Enovie Intellectual Property

As between you and Enovie, Enovie and its licensors own all right, title, and interest, including all intellectual property rights, in and to the Services, including all software, code, designs, user interfaces, text, graphics, logos, and documentation, and all modifications and derivatives of the foregoing (but excluding Customer Data). The Enovie name and logo and all related product and service names, designs, and slogans are trademarks of Enovie. You may not use any Enovie name or mark without our prior written consent. All other names and marks appearing on the Services are the property of their respective owners.

13. Enovie Intellectual Property

If you provide us with any comments, suggestions, ideas, or feedback about the Services (“Feedback”), you grant Enovie a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, and otherwise exploit the Feedback for any purpose, without any obligation, attribution, or compensation to you. Feedback does not include Customer Data.

14. Service Availability and Changes

We strive to provide reliable Services, but we do not guarantee that the Services will be available at all times or be uninterrupted or error-free. The Services may be unavailable from time to time due to maintenance, updates, outages, security events, failures of Third-Party Services, or circumstances beyond our reasonable control. We may change, suspend, or discontinue any feature or aspect of the Services at any time, subject to any commitments in an applicable Customer Agreement. You are responsible for obtaining and maintaining the internet access, devices, and software needed to use the Services.

15. Suspension and Termination

You may stop using the Services at any time. We may suspend, limit, or terminate your access to all or part of the Services, with or without notice, if we reasonably believe that (i) you have violated these Terms or applicable law, (ii) your account is being used for fraudulent, unlawful, or abusive activity, (iii) your use creates a security or operational risk to the Services, Customers, or Users, or (iv) we are directed to do so by the applicable Customer. Where reasonable, we will coordinate with the applicable Customer before suspending access. Upon any suspension or termination, your right to access and use the Services will immediately cease. Termination of a Customer's access to the Services is governed by the applicable Customer Agreement, and Customer Data will be handled as provided in that agreement. Sections 4 and 8 (to the extent of amounts owed) and 12 through 23 will survive any termination of these Terms.

16. Disclaimers

ENOVIE PROVIDES A TECHNOLOGY PLATFORM ONLY. ENOVIE DOES NOT OPERATE, SUPERVISE, OR PROVIDE ANY CHILD CARE, EDUCATIONAL, EXTRACURRICULAR, OR COMMUNITY PROGRAM OFFERED THROUGH THE SERVICES, AND IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY CUSTOMER, PROGRAM PROVIDER, OR USER. ENOVIE DOES NOT REVIEW OR VERIFY HEALTH, ALLERGY, MEDICAL, OR SPECIAL-NEEDS INFORMATION SUBMITTED THROUGH THE SERVICES AND DOES NOT PROVIDE MEDICAL ADVICE. CUSTOMERS AND USERS ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF SUCH INFORMATION AND FOR ANY ACTIONS TAKEN IN RELIANCE ON IT. THE SERVICES ARE NOT A SUBSTITUTE FOR CONTACTING EMERGENCY SERVICES, AND ENOVIE DOES NOT GUARANTEE THE DELIVERY OR TIMELINESS OF ANY MESSAGE, INCLUDING EMERGENCY ALERTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN A CUSTOMER AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND AND ENOVIE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE ACCURATE, UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENOVIE OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS, BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (v) COST OF REPLACEMENT GOODS OR SERVICES; OR (vi) DAMAGE OR INJURY TO PERSON OR PROPERTY ARISING FROM ANY PROGRAM OR SERVICE OFFERED BY A CUSTOMER, IN EACH CASE REGARDLESS OF WHETHER ENOVIE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ENOVIE AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, UNDER ANY LEGAL OR EQUITABLE THEORY, EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU DIRECTLY TO ENOVIE (EXCLUDING AMOUNTS PAID TO OR ON BEHALF OF A CUSTOMER) IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100). ANY LIMITATION OF LIABILITY IN A CUSTOMER AGREEMENT WILL CONTROL FOR CLAIMS BY THE APPLICABLE CUSTOMER GOVERNED BY THAT AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Enovie and its affiliates, and each of their respective officers, directors, employees, and agents, from and against any and all claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to (i) your breach of these Terms, (ii) your violation of applicable law or the rights of any third party, (iii) any information or content you submit through the Services, or (iv) your misuse of the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. This Section does not expand the obligations of any governmental or public-school Customer beyond what is permitted by applicable law, and any indemnification terms in a Customer Agreement will control as to that Customer.

19. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice or conflict of law requires provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of the Services will be brought exclusively in the state or federal courts located in Washington County, Minnesota, unless a Customer Agreement provides otherwise. You consent to the personal jurisdiction of, and venue in, those courts and waive any objection to jurisdiction, venue, or inconvenient forum.

20. Class Action Waiver; Waiver of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND ENOVIE AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE OR JOINT ACTION WITH RESPECT TO ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES. YOU AND ENOVIE EACH IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

21. Consent to Electronic Communications

By using the Services, you consent to receive electronically all notices, disclosures, agreements, receipts, and other communications relating to these Terms or the Services, whether delivered by email, through the Services, or by other electronic means, and you agree that such electronic communications satisfy any legal requirement that such communications be in writing. Your use of an electronic action, checkbox, or similar method may constitute your electronic signature where permitted by law.

22. General Terms

These Terms, the Privacy Policy, and any other terms expressly incorporated by reference constitute the entire agreement between you and Enovie regarding the Services and supersede all prior and contemporaneous understandings regarding the Services, except that any applicable Customer Agreement will control as provided in Section 1. Enovie and you are independent contractors, and nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. If any provision of these Terms is held to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect, and the affected provision will be enforced to the maximum extent permitted. The provisions of these Terms will survive any expiration or termination to the extent necessary to carry out their intent. We may assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets or equity, or by operation of law. You may not assign these Terms without our prior written consent. Our failure to enforce any right or provision of these Terms will not be a waiver of that right or provision. Section headings are for convenience only.

23. Contact Us

Bruber Financial Services, Inc. d/b/a Enovie
940 Hastings Avenue
Saint Paul Park, MN 55071
Phone: (800) 838-9699
Email: privacy@enovie.com
Support: support@enovie.com
Website: www.enovie.com