Terms of Service

1. Acceptance of Terms

By accessing or using Engagive's website, platform, APIs, or any of our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not access or use our services. These terms apply to all visitors, users, and others who access or use the service.

2. Description of Services

Engagive provides a customer engagement platform that enables businesses to communicate with their customers through multiple channels including SMS, WhatsApp, Voice, Push Notifications, Webchat, Messenger, and Instagram. Our services include but are not limited to:

• Multichannel messaging and campaign management
• AI-powered chatbots and conversational flows
• Customer audience segmentation and analytics
• Two-factor authentication and OTP delivery
• Flow Studio for visual journey building
• Agent console for live customer support
• API access for custom integrations

3. Account Registration

To use certain features of our services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password.

4. Acceptable Use

You agree not to use our services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our servers or networks. You may not use the service to:

• Send unsolicited or unauthorized messages (spam)
• Transmit any material that is defamatory, offensive, or otherwise objectionable
• Impersonate any person or entity
• Interfere with or disrupt the integrity or performance of the service
• Attempt to gain unauthorized access to the service or its related systems
• Use the service in violation of any applicable laws or regulations, including data privacy and telecommunications laws

5. Pricing and Payment

Our services are available under different subscription plans: Connect ($499/month), Engagement ($999/month), and Intelligence (custom pricing). All fees are exclusive of applicable taxes. Extra fees will be invoiced based on consumption for channels marked with an asterisk. You agree to pay all fees in accordance with the pricing and payment terms presented to you for the service.

We reserve the right to change our pricing at any time. If we change pricing for your current subscription, we will provide you with at least 30 days' notice before the new pricing takes effect.

6. Intellectual Property

The service and its original content, features, and functionality are and will remain the exclusive property of Engagive. Our service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Engagive.

7. Data Processing

You retain all rights to the data you submit through our platform. By using our services, you grant Engagive a limited license to process your data solely for the purpose of providing and improving our services. We process personal data in accordance with our Privacy Policy and applicable data protection laws. We support local hosting to ensure compliance with regional data regulations.

8. Service Level and Uptime

We strive to maintain 99.9% uptime for our platform. While we make commercially reasonable efforts to ensure service availability, we do not guarantee uninterrupted or error-free operation. Scheduled maintenance windows will be communicated in advance whenever possible.

9. Limitation of Liability

In no event shall Engagive, 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, resulting from your access to or use of or inability to access or use our services.

10. Termination

We may terminate or suspend your account and access to the service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms of Service. Upon termination, your right to use the service will immediately cease. You may request export of your data within 30 days of account termination.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Sultanate of Oman, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts in Muscat, Oman.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms.

13. Contact Us

If you have any questions about these Terms of Service, please contact us at legal@engagive.com or write to us at Muscat, Oman.