Terms of Use

1. About These Terms

These Terms of Use ("Terms") govern your access to and use of the websites, platform, and services provided by Enlightn Technologies ("Enlightn," "we," "our," "us"). By creating an account, completing a profiling questionnaire, or otherwise using our services, you agree to these Terms and our Privacy Policy.

If you do not agree to these Terms, do not use our services.

These Terms should be read together with our Privacy Policy, which explains in detail what information we collect, how we process it, and what rights you have regarding your personal information.

2. What Enlightn Does

Enlightn is a research recruitment engine. We profile survey participants, structure their responses using artificial intelligence, match them to market research studies based on targeting requirements provided by research buyers, and activate matched participants through permissioned supplier systems. Our Privacy Policy (Sections 3 and 4) describes how data is processed and how AI is used in this pipeline.

3. Who Uses the Service

Enlightn serves three categories of users. The rights and obligations in these Terms apply differently depending on your category.

Clients are research buyers — brands with in-house research teams and research agencies — who use Enlightn to find and activate matched respondents for their studies. Clients access the platform through app.enlightn.io and interact with Enlightn through the managed service workflow.

Respondents are individuals who complete the Enlightn profiling questionnaire, typically through a link provided by a partner panel (supplier). Respondents participate voluntarily and must be 18 years of age or older. Respondent data is collected directly by Enlightn through the profiling questionnaire; consent is obtained at the start of that questionnaire (see Privacy Policy, Section 3).

Suppliers are panel companies through whose systems respondents are activated for studies. Supplier relationships are governed by separate agreements. These Terms do not create obligations for suppliers unless they also use the platform in a client or respondent capacity.

4. Account Registration and Security (Clients)

To use Enlightn as a client, you must create an account. When doing so, you agree to provide accurate and complete information about yourself and your organization, keep your login credentials confidential and not share them with unauthorized individuals, notify us promptly at privacy@enlightn.io if you become aware of any unauthorized access to your account, and accept responsibility for all activity that occurs under your account. You represent that you are authorized to bind the organization on whose behalf you are creating the account.

5. Acceptable Use

You may use Enlightn only for lawful purposes consistent with these Terms. You agree not to:

• Misuse, disrupt, or interfere with the platform, its infrastructure, or the experience of other users.

• Attempt to reverse-engineer, decompile, copy, or create derivative works from our technology, algorithms, or matching logic without prior written consent.

• Submit false, misleading, or fabricated information — whether in a client brief, a respondent profile, or any other interaction with the platform.

• Attempt to identify individual respondents from aggregate match data, activation outcomes, or any other information provided through the platform.

• Use activation data or any data obtained through Enlightn to build, supplement, or enrich a competing respondent database or panel.

• Scrape, crawl, or use automated tools to extract data from the platform without prior written consent.

• Submit study briefs or targeting requirements for purposes unrelated to legitimate market research.

• Attempt to contact, solicit, or re-recruit respondents outside of the permissioned activation flow provided by Enlightn and the respondent's supplier.

Enlightn reserves the right to suspend or terminate access for any user who violates these restrictions (see Section 13).

6. Respondent Data and AI Processing

This section summarizes how respondent data is handled. For complete details, see our Privacy Policy.

What we collect: The profiling questionnaire collects demographic, household, employment, financial, vehicle, purchase, technology, and lifestyle information — primarily through open-ended text and optional voice responses. We also collect behavioral signals and device-level data for fraud prevention and quality assurance. We do not collect respondent names, email addresses, phone numbers, or IP addresses. Full details are in Privacy Policy Section 2.

How AI is used: Open-ended text and voice responses are processed by artificial intelligence to extract structured profiling attributes. AI is also used to compare profiles against study targeting requirements and assess match suitability. Match recommendations are reviewed by a person before activation. See Privacy Policy Section 4.

Quasi-identifiers: We collect ZIP code, year of birth, and gender, which in combination could in some cases allow re-identification. We acknowledge this risk and apply technical and organizational safeguards as described in Privacy Policy Section 7.

Cross-border transfers: Respondent data is transferred to and processed in the United States through our service providers (AWS, Fillout, OpenAI, DeviceForensIQ). These transfers are subject to data processing agreements and the safeguards described in Privacy Policy Section 6.

Consent and withdrawal: Respondents consent to data collection, AI processing, and cross-border transfer at the start of the profiling questionnaire. Consent may be withdrawn at any time by contacting privacy@enlightn.io. Withdrawal results in profile deactivation and exclusion from future matching.

What clients receive: Clients receive aggregate match data and activation outcomes (incidence rates, completion rates, quality scores). Clients do not receive individual respondent profiles or quasi-identifiers.

7. Payment and Fees (Clients)

Enlightn's pricing is communicated to each client before the start of an engagement. Currently, pricing is agreed upon on a per-project basis during the managed service workflow.

Unless otherwise agreed in writing, invoices are due within 30 days of issuance. Late payments may accrue interest at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on the outstanding balance. All fees are exclusive of applicable taxes, which will be added where required.

Enlightn reserves the right to suspend services for accounts with overdue balances exceeding 60 days, after providing 15 days' written notice.

8. Confidentiality

Each party ("Receiving Party") agrees to keep confidential any non-public information disclosed by the other party ("Disclosing Party") in connection with the use of Enlightn's services. This includes, without limitation, client study briefs, targeting requirements, activation results, pricing, and business strategies on the client side, and Enlightn's matching algorithms, quality scoring methods, activation data, and platform architecture on the Enlightn side.

Confidential information does not include information that is or becomes publicly available through no fault of the Receiving Party, was already known to the Receiving Party before disclosure, is independently developed by the Receiving Party without use of the Disclosing Party's confidential information, or is lawfully obtained from a third party without restriction.

Each party may disclose confidential information to its employees, contractors, and advisors who need access to perform obligations under these Terms, provided they are bound by confidentiality obligations at least as protective as those in this section.

Confidentiality obligations survive termination of these Terms for a period of 3 years.

9. Intellectual Property

Enlightn's IP: All software, APIs, algorithms, matching logic, quality scoring models, structured profile data, and content on the Enlightn platform are and remain the exclusive property of Enlightn Technologies. Nothing in these Terms grants you any right, title, or interest in Enlightn's intellectual property except the limited right to use the platform in accordance with these Terms.

Client IP: Clients retain ownership of the study briefs, targeting requirements, and any other content they submit through the platform.

Aggregate data: Enlightn retains the right to use aggregate, anonymized data derived from platform activity — including incidence rates, completion rates, quality scores, and match outcomes — for product improvement, benchmarking, and research purposes. This data will not identify any individual client or respondent.

Feedback: If you provide suggestions, ideas, or feedback about the platform, you grant Enlightn a perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose without obligation to you. This does not apply to confidential information disclosed under Section 8.

10. Service Availability

We aim to keep the platform available with a high level of reliability. However, temporary interruptions may occur due to maintenance, updates, technical issues, or circumstances beyond our control. Enlightn will use commercially reasonable efforts to minimize disruption and to provide advance notice of planned maintenance when practicable.

Specific service-level commitments may be provided in separate written agreements with individual clients.

11. Disclaimers and Warranties

Enlightn warrants that it will provide its services in a professional and workmanlike manner, consistent with generally accepted industry standards. Enlightn further warrants that it will process personal information in material compliance with its Privacy Policy and applicable privacy laws.

Except for the express warranties above, the platform and services are provided "as is" and "as available." We disclaim all other warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

Without limiting the foregoing, Enlightn does not warrant that match recommendations will result in any particular incidence rate, completion rate, or data quality outcome. Matching is probabilistic, not deterministic, and results depend on factors outside Enlightn's control including respondent behavior and study design.

12. Limitation of Liability

Exclusion of consequential damages. To the maximum extent permitted by applicable law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, or business interruption, arising out of or related to these Terms or the use of the services — regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if the party has been advised of the possibility of such damages.

Aggregate liability cap. Except for the carveouts below, the total aggregate liability of each party arising out of or related to these Terms will not exceed ten thousand Canadian dollars (CAD $10,000).

Carveouts. The limitation above does not apply to liability arising from willful misconduct or gross negligence, breach of confidentiality obligations under Section 8, indemnification obligations under Section 12A, or a party's obligations under applicable privacy laws with respect to personal information.

Respondent liability. Enlightn's liability to any individual respondent arising out of or related to the profiling questionnaire or matching services is limited to the maximum extent permitted by applicable law.

12A. Indemnification

Client indemnification. Clients agree to indemnify, defend, and hold harmless Enlightn and its officers, directors, and employees from and against any third-party claims, damages, losses, and expenses (including reasonable legal fees) arising out of the client's misuse of the platform, misuse of activation data, breach of the acceptable use restrictions in Section 5, or the client's violation of any applicable law in connection with their use of the services.

Enlightn indemnification. Enlightn agrees to indemnify, defend, and hold harmless the client and its officers, directors, and employees from and against any third-party claims alleging that the Enlightn platform, as provided to the client, infringes the intellectual property rights of a third party.

Indemnification procedure. The indemnified party must provide prompt written notice of any claim, give the indemnifying party reasonable control over the defense and settlement of the claim, and cooperate with the indemnifying party at the indemnifying party's expense. The indemnifying party may not settle any claim in a manner that imposes obligations on the indemnified party without the indemnified party's prior written consent.

13. Termination

Termination for convenience. Either party may terminate these Terms at any time by providing 30 days' written notice to the other party. For clients, termination for convenience does not relieve the client of its obligation to pay for services already rendered.

Termination for cause. Either party may terminate these Terms 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 specifying the breach, or the other party becomes insolvent, files for bankruptcy, or ceases to operate in the ordinary course.

Respondent withdrawal. Respondents may withdraw from the service at any time by contacting privacy@enlightn.io. Withdrawal results in profile deactivation as described in the Privacy Policy.

Suspension. Enlightn may suspend a user's access immediately and without prior notice if we reasonably believe the user is engaging in activity that violates Section 5 (Acceptable Use), threatens the security or integrity of the platform, or could expose Enlightn or other users to legal liability.

Effect of termination. Upon termination, the client's access to the platform will be deactivated. Enlightn will retain client data for 3 years following termination in accordance with the Privacy Policy. Activation logs for completed studies will be retained for 5 years in accordance with the Privacy Policy. Client may request export of their data (study briefs and activation outcomes) in a commonly used format within 30 days of termination. The following sections survive termination: Section 8 (Confidentiality), Section 9 (Intellectual Property), Section 11 (Disclaimers and Warranties), Section 12 (Limitation of Liability and Indemnification), Section 14 (Governing Law and Dispute Resolution), and this survival clause.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Québec and the applicable federal laws of Canada, without regard to conflict of laws principles.

Before initiating any formal proceeding, the parties agree to attempt in good faith to resolve any dispute through direct negotiation for a period of at least 30 days following written notice of the dispute.

If the dispute is not resolved through negotiation, it will be submitted to the exclusive jurisdiction of the courts of the judicial district of Montréal, Québec.

15. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, pandemic, government action, cyberattack, or failure of third-party infrastructure. The affected party must notify the other party promptly and use reasonable efforts to mitigate the impact. If the force majeure event continues for more than 90 days, either party may terminate these Terms upon written notice.

16. Assignment

Neither party may assign or transfer these Terms, or any rights or obligations under these Terms, without the prior written consent of the other party. However, either party may assign these Terms without consent in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the assignee agrees in writing to be bound by these Terms. Any attempted assignment in violation of this section is void.

17. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the Effective Date at the top of this page and take reasonable steps to provide notice to affected users (for example, by email to registered clients or by notice on the platform). Continued use of the services after the updated Terms take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the services.

18. General Provisions

Entire agreement. These Terms, together with the Privacy Policy and any separate written agreements between the parties, constitute the entire agreement between you and Enlightn regarding the subject matter hereof. They supersede all prior or contemporaneous agreements, representations, or understandings, whether written or oral.

Severability. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Waiver. The failure of either party to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. A waiver of any provision is effective only if in writing and signed by the waiving party.

No third-party beneficiaries. These Terms do not create any third-party beneficiary rights except as expressly stated herein.

Notices. Notices under these Terms must be in writing and sent to the contact addresses below (or to such other address as a party may designate in writing). Notices to clients may also be sent by email to the address associated with the client's account.

19. Contact

For any questions about these Terms:

Enlightn Technologies - Email: privacy@enlightn.io