Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the EngageIt websites, applications, and services (collectively, the “Services”) provided by [Legal Entity Name] (“EngageIt,” “we,” “us,” or “our”). By accessing or using the Services, or by clicking to accept these Terms, you agree to be bound by them. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

1. Accounts and eligibility

You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for the accuracy of your account information, for maintaining the confidentiality of your credentials, and for all activity that occurs under your account. Notify us promptly at hello@engageit.ai of any unauthorized use.

2. Subscriptions, billing, and trials

• Plans & fees. Paid Services are billed according to the plan you select. Unless stated otherwise, fees are quoted exclusive of taxes, which you are responsible for.
• Renewals. Subscriptions automatically renew for successive periods unless cancelled before the end of the then-current term.
• Trials. Free trials convert to paid subscriptions at the end of the trial period unless you cancel beforehand.
• Changes. We may change fees on renewal with prior notice. Continued use after a fee change takes effect constitutes acceptance.
• Non-payment. We may suspend or terminate access for overdue amounts. Except where required by law, fees are non-refundable.

3. Acceptable use

You agree not to, and not to permit others to:

• Use the Services in violation of any law or third-party right;
• Send unlawful, deceptive, or unsolicited messages (including spam) or content;
• Upload malware or interfere with the integrity or performance of the Services;
• Attempt to gain unauthorized access to the Services or related systems;
• Reverse engineer, copy, or create derivative works of the Services except as permitted by law;
• Resell, sublicense, or use the Services to build a competing product;
• Use the Services to process data you are not authorized to process.

4. Customer data and your responsibilities

“Customer Data” means the data you and your users submit to or collect through the Services, including data about your own end customers. As between you and EngageIt, you own and are responsible for your Customer Data. You grant EngageIt a worldwide, non-exclusive license to host, process, and transmit Customer Data solely to provide and support the Services.

You represent and warrant that you have all necessary rights, consents, and lawful bases to collect and use Customer Data and to authorize EngageIt to process it, including obtaining any required consents from your end customers. For personal data, EngageIt acts as your processor (service provider) as described in our Privacy Policy and any applicable Data Processing Addendum.

5. Messaging and communications compliance

If you use the Services to send SMS, RCS, email, or other communications, you are solely responsible for complying with all applicable laws and carrier/provider requirements, including the TCPA, CAN-SPAM, CASL, and similar laws. This includes obtaining proper consent, honoring opt-outs, providing required identification and unsubscribe mechanisms, and respecting messaging quiet hours. We may suspend messaging features that generate excessive complaints or violate provider policies.

6. Third-party services and integrations

The Services may interoperate with third-party services (such as stores, point-of-sale systems, and messaging providers). Your use of those services is governed by their own terms, and EngageIt is not responsible for third-party services. Connecting a third-party service authorizes EngageIt to access and exchange data with it on your behalf.

7. Intellectual property

The Services, including all software, content, and trademarks (other than Customer Data), are owned by EngageIt and its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription. All rights not expressly granted are reserved.

8. Feedback

If you provide suggestions or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

9. Confidentiality

Each party may access the other’s confidential information in connection with the Services. The receiving party will protect such information with reasonable care and use it only as needed to perform under these Terms, except where disclosure is required by law.

10. Term, suspension, and termination

These Terms remain in effect while you use the Services. You may stop using the Services at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or create risk or legal exposure for EngageIt. Upon termination, your right to use the Services ceases. We will make Customer Data available for export for a limited period after termination, after which we may delete it in the ordinary course. Sections that by their nature should survive termination will survive.

11. Disclaimers

The Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. EngageIt does not warrant that the Services will be uninterrupted, error-free, or secure, or that any AI-generated outputs or predictions will be accurate or complete.

12. Limitation of liability

To the maximum extent permitted by law, EngageIt and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to the Services. EngageIt’s total aggregate liability for all claims relating to the Services will not exceed the amounts you paid to EngageIt for the Services in the twelve (12) months preceding the event giving rise to the claim.

13. Indemnification

You will defend, indemnify, and hold harmless EngageIt and its affiliates from and against any claims, damages, and expenses (including reasonable legal fees) arising out of your Customer Data, your use of the Services, your communications sent through the Services, or your breach of these Terms or applicable law.

14. Governing law and disputes

These Terms are governed by the laws of [State/Country], without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in [Jurisdiction] for any dispute not subject to arbitration, where applicable. Nothing in this section limits either party’s ability to seek injunctive relief.

15. Changes to the Services or Terms

We may modify the Services or these Terms from time to time. When we make material changes to these Terms, we will update the “Last updated” date and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

16. General

• Entire agreement. These Terms, together with any order forms and policies referenced here, are the entire agreement between you and EngageIt regarding the Services.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.

17. Contact

Questions about these Terms? Contact us at:

EngageIt — operated by [Legal Entity Name]
Email: hello@engageit.ai
Mailing address: [Mailing Address]