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Terms of Service

Last updated: January 14, 2026

1. Agreement to Terms

Welcome to Engage AI ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our AI-powered customer engagement platform, including our website, applications, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.

If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration

To access certain features of our Services, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password confidential and secure
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or incomplete.

4. Subscription Plans and Billing

4.1 Free Trial

We may offer a free trial period for new users. At the end of the trial period, you will be automatically charged for the subscription plan you selected unless you cancel before the trial ends.

4.2 Paid Subscriptions

Our Services are offered through various subscription plans (Starter, Growth, Enterprise). By subscribing, you agree to:

  • Pay all fees associated with your chosen plan
  • Authorize us to charge your payment method on a recurring basis
  • Accept that fees are non-refundable except as required by law

4.3 Payment Terms

All fees are exclusive of taxes, and you are responsible for paying all applicable taxes. We reserve the right to change our pricing with 30 days' notice. Price changes will not affect your current billing cycle.

4.4 Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of your current billing period. We do not provide refunds for partial months or unused portions of your subscription, except as required by law.

5. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use the Services to transmit spam, malware, or other harmful content
  • Attempt to gain unauthorized access to our systems or networks
  • Reverse engineer, decompile, or disassemble any part of our Services
  • Use automated systems (bots, scripts) to access the Services without our permission
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the integrity or performance of our Services
  • Collect or harvest any information from our Services without authorization
  • Use the Services to harass, abuse, or harm others

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services, including all content, features, and functionality, are owned by Engage AI and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Services without our prior written consent.

6.2 Your Content

You retain ownership of any content you submit to our Services ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process Your Content solely to provide and improve our Services.

You represent and warrant that you have all necessary rights to grant us this license and that Your Content does not violate any third-party rights.

7. AI-Generated Responses

Our Services use artificial intelligence to generate automated responses to customer inquiries. While we strive for accuracy, AI-generated content may not always be perfect. You acknowledge that:

  • AI responses are generated based on the data and training provided
  • We do not guarantee the accuracy, completeness, or reliability of AI-generated content
  • You are responsible for reviewing and approving AI responses before they are sent to your customers
  • We are not liable for any errors, inaccuracies, or consequences resulting from AI-generated content

8. Third-Party Integrations

Our Services may integrate with third-party platforms such as WhatsApp, Facebook Messenger, and Instagram. Your use of these integrations is subject to the terms and policies of those third-party platforms. We are not responsible for the actions, content, or policies of third-party services.

9. Data Privacy and Security

We take data privacy and security seriously. Our collection, use, and protection of your personal information are governed by our Privacy Policy. By using our Services, you consent to our data practices as described in the Privacy Policy.

10. Disclaimers and Limitations of Liability

10.1 Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or secure, or that defects will be corrected.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENGAGE AI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Engage AI and its affiliates from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising out of or related to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your Content

12. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination:

  • Your right to use the Services will immediately cease
  • We may delete your account and all associated data
  • You remain responsible for any outstanding fees

Sections of these Terms that by their nature should survive termination will continue to apply, including provisions regarding intellectual property, disclaimers, and limitations of liability.

13. Dispute Resolution

13.1 Informal Resolution

If you have any dispute with us, you agree to first contact us at legal@andengage.com to attempt to resolve the dispute informally.

13.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in [Your Jurisdiction], and judgment on the arbitration award may be entered in any court having jurisdiction.

13.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after changes take effect constitutes your acceptance of the updated Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Engage AI regarding the Services.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

17. Contact Information

If you have any questions about these Terms, please contact us:

  • Email: legal@andengage.com
  • Address: Engage AI, [Company Address]
  • Website: andengage.com

By using Engage AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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