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Terms & Conditions

Please read these Terms carefully before using the Engage platform. They explain your rights, our obligations, and the rules that govern your use of our services.

Effective date: 1 April 2025  ·  Last updated: April 2025

1. Introduction & Acceptance

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Cencorp Group ("Engage", "we", "us", or "our"), governing your access to and use of the Engage platform, including all associated websites, mobile applications, APIs, and services (collectively, the "Service").

By creating an account, accessing, or using the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease all use of the Service.

If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

2. Definitions

"Account" means the unique account created for you to access our Service. "Content" means text, data, information, images, audio, video, and any other material submitted to or generated by the Service. "Subscription" means the paid or free-tier access plan selected by you. "User Data" means any data, content, or information submitted by you or your organisation through the Service. "Intellectual Property Rights" means patents, copyrights, trademarks, trade secrets, and all other proprietary rights. "Engage Platform" refers to the web application, mobile applications, APIs, and all related tools offered under the Engage brand by Cencorp Group.

3. Eligibility & Account Registration

You must be at least 18 years of age and capable of entering into a legally binding contract to use the Service. By using the Service, you represent that you meet these requirements.

When registering an Account, you agree to provide accurate, current, and complete information and to keep such information updated. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account.

You must notify us immediately at support@engageplatform.ai if you suspect any unauthorised access to or use of your Account. We are not liable for any loss or damage arising from your failure to comply with this obligation.

You may not share your Account credentials with any third party, create multiple Accounts to circumvent limitations, or register using false identity information.

4. Licence to Use the Service

Subject to your compliance with these Terms and timely payment of applicable fees, Engage grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Service solely for your internal business or personal purposes.

This licence does not include the right to: (a) resell or commercially exploit the Service or its content; (b) copy, modify, distribute, or create derivative works; (c) use any data mining, robots, scraping, or similar data gathering tools; (d) reverse-engineer, decompile, or disassemble any component of the Service; or (e) access the Service in order to build a competing product or service.

All rights not expressly granted to you are reserved by Engage.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You must not:

• Upload, transmit, or distribute any content that is unlawful, defamatory, obscene, fraudulent, or invasive of another's privacy. • Impersonate any person or entity or misrepresent your affiliation with any person or entity. • Introduce viruses, malware, ransomware, or any other malicious or harmful code. • Attempt to gain unauthorised access to any part of the Service, its servers, or any connected systems. • Interfere with or disrupt the integrity or performance of the Service or the data contained therein. • Harvest or collect personal information of other users without their explicit consent. • Use the Service to send unsolicited communications (spam) or engage in any form of phishing. • Circumvent any access controls, usage limits, or security measures implemented by Engage.

We reserve the right to investigate violations of these policies and to take appropriate action, including suspension or termination of your Account and reporting to law enforcement authorities.

6. Subscriptions, Payments & Billing

Certain features of the Service require a paid Subscription. By selecting a paid plan, you agree to pay the applicable fees as described on our pricing page, which may be updated from time to time with reasonable notice.

All fees are quoted in the currency displayed at checkout and are exclusive of applicable taxes (including VAT, GST, or sales tax), which will be added where required by law.

Subscriptions are billed in advance on a recurring basis (monthly or annually, as selected). You authorise Engage to charge your payment method automatically at the start of each billing period.

Refunds: All fees are non-refundable except as expressly required by applicable law or as stated in our refund policy. We do not provide refunds for partial months of service or for unused features.

Price Changes: We may change Subscription fees upon at least 30 days' notice. Your continued use of the Service after the effective date of a price change constitutes your acceptance of the new fees.

Free Trials: If you begin a free trial, your Subscription will automatically convert to a paid plan at the end of the trial unless you cancel before the trial period expires.

7. User Content & Data

You retain full ownership of all User Data you submit to the Service. By submitting User Data, you grant Engage a worldwide, royalty-free, non-exclusive licence to host, store, process, display, and use your User Data solely to the extent necessary to provide, maintain, and improve the Service.

You represent and warrant that: (a) you own or have all necessary rights to your User Data; (b) your User Data does not infringe or violate any third-party rights; and (c) your User Data complies with these Terms and all applicable laws.

You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of your User Data. Engage is not responsible for any errors, omissions, or consequences arising from your User Data.

Upon termination of your Account, we will retain your User Data for a period of 30 days during which you may request an export. After this period, your data will be permanently deleted from our systems, except where retention is required by law.

8. Intellectual Property Rights

The Service, including all software, designs, text, graphics, logos, trademarks, and other content provided by Engage, is the exclusive property of Cencorp Group and its licensors and is protected by applicable intellectual property laws.

The Engage name, logo, and all related names, logos, product names, designs, and slogans are trademarks of Cencorp Group. You may not use such marks without our prior written permission.

You must not remove or alter any proprietary notices, labels, or marks on the Service. Nothing in these Terms grants you any rights in or to the Service beyond the limited licence expressly stated herein.

If you provide Engage with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an irrevocable, perpetual, royalty-free licence to use, incorporate, and commercialise such Feedback without any obligation or compensation to you.

9. Third-Party Integrations & Links

The Service may integrate with or contain links to third-party services, websites, or applications ("Third-Party Services"). These integrations are provided for convenience only. Engage does not endorse, control, or assume responsibility for any Third-Party Services, and your use of them is subject to their own terms and privacy policies.

We are not liable for the availability, accuracy, or content of Third-Party Services, or for any harm or loss resulting from your use of or reliance on them. You access Third-Party Services entirely at your own risk.

If you connect Third-Party Services to your Engage Account, you authorise Engage to access and exchange data with those services on your behalf to the extent necessary to provide the integration features.

10. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure ("Confidential Information").

Neither party will disclose the other's Confidential Information to third parties or use it for any purpose other than performing obligations under these Terms, except with the other party's prior written consent or as required by law.

This obligation of confidentiality survives termination of these Terms for a period of three (3) years.

11. Disclaimers & 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, NON-INFRINGEMENT, AND ACCURACY.

Engage does not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) any information obtained through the Service will be accurate or reliable; (c) defects in the Service will be corrected; or (d) the Service or its servers are free of viruses or other harmful components.

Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not fully apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENGAGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ENGAGE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100).

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).

13. Indemnification

You agree to indemnify, defend, and hold harmless Engage, Cencorp Group, and their respective officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) your User Data.

We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with our defence of any such claims.

14. Term & Termination

These Terms remain in effect for as long as you maintain an Account or use the Service.

You may terminate your Account at any time by contacting us at support@engageplatform.ai or through your Account settings. Termination will take effect at the end of the current billing period, and no refunds will be issued for the remaining period.

Engage may suspend or terminate your Account immediately, without prior notice or liability, if: (a) you breach any provision of these Terms; (b) we are required to do so by law; (c) your Account has been inactive for more than 12 consecutive months; or (d) providing the Service is no longer commercially viable.

Upon termination, your licence to use the Service will immediately cease. Sections 7, 8, 10, 11, 12, 13, and 16 of these Terms shall survive any termination.

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Cencorp Group is incorporated, without regard to its conflict of law provisions.

Before initiating formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at legal@engageplatform.ai. We will endeavour to respond within 30 days.

If the dispute cannot be resolved informally, both parties agree to submit to the exclusive jurisdiction of the courts in the applicable jurisdiction. Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from a competent court.

16. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Engage with respect to the Service.

Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

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

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

Force Majeure: Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes via email to the address associated with your Account or by posting a prominent notice on the Service at least 14 days before the changes take effect.

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and may terminate your Account.

18. Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact our legal team:

Email: legal@engageplatform.ai Address: Cencorp Group, Engage Platform Website: https://engageplatform.ai

We aim to respond to all enquiries within 5 business days.