1. Acceptance of Terms
By accessing or using the EngagePro.ai website or platform (the "Service"), you ("Customer", "you", or "your") agree to be bound by these Terms of Service ("Terms"). If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to do so, and these Terms will bind that entity. If you do not agree to these Terms, do not use the Service.
2. Description of Service
EngagePro.ai is a SaaS (Software as a Service) AI-powered analytics platform that enables organisations to query their business data in natural language, generate dynamic dashboards, benchmark performance, and receive AI-driven strategic recommendations. The Service is provided on a subscription basis as described on our Pricing page.
3. Account Registration
- You must provide accurate, current, and complete information when creating an account.
- You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
- You must notify us immediately at support@engagepro.ai if you suspect any unauthorised access to or use of your account.
- You may not share your account credentials with any person outside your authorised user list.
- Each "user" is one named individual. Sharing a single login across multiple people is prohibited.
4. Subscription and Payment
The Service is offered on a monthly per-user subscription basis. Current pricing is available on our Pricing page. By subscribing, you agree to:
- Pay the applicable subscription fees in advance on a monthly billing cycle.
- Provide accurate billing information and keep it up to date.
- Pay all applicable taxes in addition to the quoted prices.
We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price changes via email. Your continued use of the Service after the price change takes effect constitutes your agreement to pay the updated fees.
Failure to pay subscription fees when due may result in suspension or termination of your account. Please review our Refunds Policy for information on cancellations and refunds.
5. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Use the Service in any way that violates applicable local, national, or international laws or regulations.
- Transmit any unsolicited or unauthorised advertising or promotional material ("spam").
- Attempt to gain unauthorised access to any part of the Service, other accounts, or connected systems.
- Interfere with or disrupt the integrity or performance of the Service or the data it contains.
- Use the Service to process, store, or transmit data in violation of any third party's rights, including intellectual property rights or rights of privacy.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service.
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
- Use automated tools (bots, scrapers, crawlers) to access or interact with the Service without our prior written consent.
- Upload or introduce viruses, malware, or any other malicious or harmful code.
6. Your Data
You retain all rights, title, and interest in and to your business data ("Customer Data"). You grant EngagePro a limited, non-exclusive, non-transferable licence to access and process your Customer Data solely to the extent necessary to provide the Service to you.
You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of your Customer Data. You represent and warrant that you have all necessary rights and permissions to submit your Customer Data to the Service and that doing so does not violate any third-party rights or applicable laws.
We will not use your Customer Data for any purpose other than providing the Service to you, as described in our Privacy Policy.
7. Intellectual Property
The Service, including its software, algorithms, interfaces, documentation, and all content produced by EngagePro (excluding your Customer Data), is owned by EngagePro.ai and its licensors and is protected by intellectual property laws. Nothing in these Terms transfers any ownership of such intellectual property to you.
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes during the term of your subscription.
8. Confidentiality
Each party agrees to keep confidential the other party's non-public information that is designated as confidential or that reasonably should be understood to be confidential. EngagePro will treat your Customer Data as confidential information. This obligation does not apply to information that is or becomes publicly known through no fault of the receiving party, or that the receiving party was already aware of prior to disclosure.
9. Third-Party Integrations
The Service may integrate with third-party platforms and tools. Your use of such integrations is subject to the terms and privacy policies of those third parties. EngagePro is not responsible for the availability, accuracy, or security of any third-party service.
10. Service Availability and Modifications
We aim to maintain high availability of the Service but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will endeavour to provide advance notice of significant changes or planned maintenance wherever possible.
We also reserve the right to modify these Terms at any time. We will notify you of material changes by posting the revised Terms and updating the "Last updated" date. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ENGAGEPRO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR ENTIRELY SECURE, OR THAT THE AI-GENERATED INSIGHTS AND RECOMMENDATIONS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.
Any AI-generated analysis, recommendations, or dashboards provided by the Service are for informational purposes only and should not be relied upon as the sole basis for business, legal, financial, or other professional decisions.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENGAGEPRO.AI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT WILL ENGAGEPRO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ENGAGEPRO IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) USD $100.
13. Indemnification
You agree to defend, indemnify, and hold harmless EngagePro.ai and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with (a) your access to or use of the Service, (b) your Customer Data, (c) your violation of these Terms, or (d) your violation of any third-party rights.
14. Termination
Either party may terminate the subscription at any time. You may cancel your subscription by contacting us at support@engagepro.ai. Upon cancellation:
- Your access to the Service will remain active until the end of the current billing period.
- No refunds will be issued for the remaining portion of the current billing period, except as stated in our Refunds Policy.
- We may delete your account data 90 days after termination.
We reserve the right to suspend or terminate your account immediately and without notice if you violate these Terms or if we reasonably believe that your use poses a security or legal risk to EngagePro or other users.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the jurisdiction in which EngagePro.ai is registered, without regard to conflict-of-law principles. Any disputes arising under these Terms will first be subject to good-faith negotiation between the parties. If unresolved, disputes shall be submitted to binding arbitration or the competent courts of the applicable jurisdiction.
16. Entire Agreement
These Terms, together with the Privacy Policy and Refunds Policy, constitute the entire agreement between you and EngagePro.ai regarding the Service and supersede all prior agreements, representations, and understandings.
17. Contact
If you have any questions about these Terms, please contact us at:
- Email: legal@engagepro.ai
- Company: EngagePro.ai (operated by Encreez)