These Terms of Service (“Terms”) form a legally binding agreement between you or the organization you represent (“Customer”, “you”, or “your”) and Engagezy (“Engagezy”, “we”, “us”, or “our”) governing your access to and use of Engagezy’s website, applications, APIs, CRM platform, integrations, and related services (“Services”).
By creating an account, accessing, or using the Services, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy. If you do not agree, you must not use the Services.
1. Eligibility and Account
You must have the authority to enter into these Terms on behalf of yourself or your organization.
You are responsible for:
- Providing accurate account information.
- Keeping login credentials secure.
- Giving access only to authorized users.
- All activity performed through your account.
- Promptly notifying us of suspected unauthorized access or security incidents.
2. Access to Engagezy
Subject to these Terms and your applicable subscription or order, Engagezy provides you with a limited, non-exclusive, non-transferable right to access and use the Services for your internal business purposes.
You may not resell, sublicense, lease, distribute, or provide unauthorized access to the Services.
Your subscription may include limits relating to users, storage, communications, AI usage, integrations, or other features. These limits will be described in your applicable plan, order form, or commercial agreement.
3. Customer Responsibilities
You are responsible for how you and your users use Engagezy.
You must:
- Use the Services lawfully and responsibly.
- Obtain any required permissions or consent before collecting or processing personal information.
- Comply with applicable privacy, marketing, messaging, telecommunications, and data protection laws.
- Ensure that information uploaded to Engagezy is accurate and lawfully obtained.
- Maintain appropriate access controls within your organization.
Your use of communication features, including email, WhatsApp, SMS, and telephony, must comply with applicable laws and the requirements of the relevant communication provider.
4. Acceptable Use
Your use of Engagezy is also subject to our Acceptable Use Policy.
You must not use the Services to engage in unlawful activity, spam, fraud, unauthorized access, malicious activity, infringement of third-party rights, or activity that interferes with the security, availability, or performance of the Services.
We may suspend or restrict access where reasonably necessary to protect Engagezy, our customers, users, or third parties.
5. Fees and Payment
Subscription fees, implementation fees, usage charges, taxes, billing periods, and other commercial terms will be specified in your applicable order form, proposal, invoice, or subscription plan.
Unless otherwise agreed:
- Fees are payable according to the applicable billing terms.
- Taxes and government charges are the Customer’s responsibility.
- Subscription fees are generally non-refundable.
- Additional usage beyond included limits may result in additional charges where applicable.
- We may restrict or suspend access for materially overdue payments after providing reasonable notice.
6. Changes to the Services
Engagezy may improve, modify, add, or remove features from time to time.
We may perform maintenance, updates, security fixes, or infrastructure changes that temporarily affect availability.
We will use reasonable efforts to maintain the availability and performance of the Services, but we do not guarantee that the Services will always be uninterrupted, error-free, or available.
7. Customer Data
You retain ownership of the information and content that you submit to Engagezy (“Customer Data”).
You grant Engagezy the limited rights necessary to host, store, process, transmit, and otherwise use Customer Data solely to provide, secure, maintain, and support the Services.
You are responsible for having the necessary rights, permissions, and lawful basis to provide Customer Data to Engagezy.
Additional data protection terms may apply where required by law or agreement.
8. Privacy and Data Protection
Engagezy processes personal information in accordance with its Privacy Policy and applicable data protection laws.
Where Engagezy processes personal information on behalf of a Customer, the Customer remains responsible for determining the purpose and lawful basis of that processing, while Engagezy processes the information as necessary to provide the Services.
9. Intellectual Property
Engagezy and its licensors retain all rights, title, and interest in the Services, including the software, platform, technology, interfaces, designs, trademarks, documentation, workflows, and underlying systems.
These Terms do not transfer ownership of Engagezy’s intellectual property to you.
You retain ownership of your Customer Data and pre-existing intellectual property.
Any feedback, suggestions, or recommendations you provide about Engagezy may be used by us to improve the Services without creating an obligation to compensate you.
10. Third-Party Services
Engagezy may integrate with or rely on third-party products and services, including email, telephony, messaging, payment, hosting, authentication, analytics, and other platforms.
Your use of a third-party service may be subject to that provider’s own terms and policies.
Engagezy is not responsible for services that are independently provided by third parties.
11. Confidentiality
Each party agrees to protect the other party’s confidential information and use it only for purposes related to the business relationship.
Confidential information may be disclosed when required by law or to employees, contractors, or service providers who need the information and are subject to appropriate confidentiality obligations.
12. Suspension and Termination
You may stop using the Services at any time, subject to the applicable subscription or order terms.
Engagezy may suspend or terminate access where:
- You materially breach these Terms.
- You violate the Acceptable Use Policy.
- Your account presents a security or legal risk.
- Required payments remain unpaid.
- Continued use could harm Engagezy, other customers, or third parties.
- We are required to do so by law.
Where reasonably possible, we will provide notice and an opportunity to resolve the issue before suspension or termination.
13. Effect of Termination
When your subscription or account ends, your right to access the Services will cease.
Subject to applicable agreements and legal requirements, Customer Data may be retained for a limited period to allow data export, comply with legal obligations, resolve disputes, or maintain secure backups.
After the applicable retention period, Customer Data may be permanently deleted.
14. Disclaimers
To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
Engagezy does not guarantee that the Services will always be uninterrupted, secure, accurate, or error-free.
Engagezy does not guarantee any particular business, sales, revenue, or performance outcome from use of the Services.
15. Limitation of Liability
To the maximum extent permitted by law, Engagezy will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, or data arising from your use of the Services.
Engagezy’s total liability arising out of or relating to the Services will not exceed the fees paid or payable by you to Engagezy for the Services during the six months preceding the event giving rise to the claim, except where such limitation is prohibited by applicable law.
16. Indemnification
You agree to defend and indemnify Engagezy against third-party claims, losses, damages, and reasonable expenses arising from:
- Your unlawful use of the Services.
- Your violation of these Terms or the Acceptable Use Policy.
- Customer Data or content provided by you.
- Your violation of applicable law or third-party rights.
This obligation applies to the extent permitted by applicable law.
17. Force Majeure
Neither party will be responsible for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, war, government action, major infrastructure failures, telecommunications outages, or other events that could not reasonably be prevented.
18. Governing Law and Disputes
These Terms are governed by the laws of India.
Any dispute arising from or relating to these Terms will be subject to the applicable dispute resolution process agreed between the parties. Unless otherwise agreed in writing, courts having jurisdiction in Bengaluru, Karnataka, India will have jurisdiction.
19. Changes to These Terms
We may update these Terms from time to time to reflect changes to our Services, business practices, or legal requirements.
When we make material changes, we will update the “Last Updated” date on this page.
Your continued use of the Services after the updated Terms become effective constitutes acceptance of the revised Terms.