Terms of Service

Effective Date: May 2026

1. Acceptance of Terms

By accessing or using engagecloud.ai services, you agree to these Terms of Service (“Terms”). If you are entering into these Terms on behalf of an organization or legal entity, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, do not access or use the Service.

2. Services

engagecloud.ai provides AI-enabled messaging, voice, automation, campaign management, and related communication services as described in applicable order forms and product documentation. Specific features, limits, and service levels are set out in order forms and any applicable Service Level Agreement (SLA). engagecloud.ai may update, modify, or discontinue features as described in Section 20 (Modifications) below.

3. Account Responsibilities

You are responsible for:

• Maintaining the security and confidentiality of your account credentials.
• All activity that occurs under your account, whether or not authorized by you.
• Notifying us immediately of any unauthorized access or security breach at support@engagecloud.ai.
• Providing accurate and complete information, including accurate E911 information for telephone numbers you provision.
• Ensuring that users you authorize to access the platform comply with these Terms.

4. Acceptable Use Policy

The engagecloud.ai platform may only be used in compliance with these Terms and for legitimate, lawful business purposes. Use of the Service’s built-in predictive dialing, auto-dialing, and AI voice features is expressly permitted for lawful outreach where prior express written consent has been obtained from recipients as required by TCPA, applicable state laws, and any other governing regulations. You are solely responsible for ensuring all dialing campaigns comply with applicable consent requirements.

You must NOT use the Service:

• In any manner that violates any relevant federal, state, local, or foreign law or regulation, including laws governing the export of data or software.
• For spam, unlawful robocalls, harassment, fraud, or any activity that violates TCPA, CAN-SPAM, or other applicable laws.
• To exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content or soliciting personally identifying information.
• To knowingly transmit, upload, or distribute content that violates applicable Content Standards, intellectual property rights, or applicable law.
• To transmit or arrange the sending of unsolicited commercial messages, junk mail, chain letters, or spam.
• To impersonate any person or entity, or to falsely represent your affiliation with any person or entity.
• To interfere with, disrupt, or degrade the integrity or performance of the Service or related systems.
• To reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the platform.
• To use the platform to build a competing product or service, or to benchmark the Service for competitive intelligence purposes without our written consent.

We may suspend or terminate accounts for violations of these Terms without notice or liability. You are responsible for all consequences arising from misuse of the Service.

4a. Linking to the Site and Social Media Features

Linking to the Site

You are free to link to our homepage provided the link is fair and lawful and does not exploit or harm our reputation. You must not create a link that implies any kind of relationship, endorsement, or approval by engagecloud.ai where none exists.

Social Media Features

The Site may offer social media features that allow you to:

• Create a link to specific content on the Site from your own or selected third-party websites.
• Share specific content or links via email or other messages.
• Display a limited portion of the Site’s content on your own or third-party websites.

You must not:

• Establish a link from any website you do not own or have authorization to use for such purpose.
• Cause the Site or any part of it to be displayed on or framed within any other website without our prior written consent.
• Link to any portion of the website other than the homepage, without prior written permission.
• Take any other action with respect to the Site’s content that violates any other provision of these Terms.

engagecloud.ai retains the right to revoke linking authorization and to disable any or all social media features and links at any time without prior notice.

Links from the Site

Links to websites and resources offered by third parties are provided solely for your convenience. We have no authority over the content of those websites and disclaim all liability for them or for any loss or harm that may result from your use of them. Your use of any third-party sites linked from the Service is at your own risk and subject to the terms and conditions of those sites.

5. Compliance Responsibilities

Customer Obligations

You are responsible for:

• Obtaining and maintaining valid opt-in consent from all recipients prior to sending any communications through the Service.
• Honoring opt-out requests promptly and in accordance with applicable law.
• Ensuring accurate E911 information for all numbers you provision.
• Registering for 10DLC/A2P where required.
• Complying with TCPA, CAN-SPAM, GDPR, CCPA, and all other applicable federal, state, and international laws.

Company Support

engagecloud.ai provides tools, templates, and onboarding guidance to assist with compliance. We do not assume your compliance obligations. You indemnify engagecloud.ai for any regulatory fines, penalties, or claims arising from your failure to comply.

6. Data Ownership and Processing

You own all Customer Content you submit to the Service. engagecloud.ai processes Customer Content solely to provide the Service and as permitted by the Data Processing Agreement (DPA) available at ENGAGECLOUD AI INC DPA, which is incorporated into these Terms by reference.

6a. Use of Meta / Facebook Platform Data

engagecloud.ai accesses Meta/Facebook Platform Data strictly on your behalf and only to provide the Service. We do not use Meta data outside of providing the Service, and Meta data remains subject to Facebook’s own platform policies.

If you connect a Meta (Facebook) account:

• You authorize engagecloud.ai to access data via Meta APIs on your behalf.
• Data is used only to provide the Service. We do not use Meta data for independent purposes.
• Revocation: You may revoke access at any time through your Facebook Settings: https://www.facebook.com/settings?tab=applications

6b. Use of Google Platform Data

engagecloud.ai accesses Google Platform Data strictly on your behalf and only to provide the Service. We do not use Google data outside of providing the Service, and all use of Google data adheres to the Google API Services User Data Policy and its Limited Use requirements.

If you connect a Google account:

• You authorize engagecloud.ai to access data via Google APIs on your behalf, including Google Ads campaign data, lead form submissions, and performance metrics.
• Data is used only to provide the Service. We do not use Google data for independent purposes, advertising, or to train machine learning models.
• Revocation: You may revoke access at any time through your Google Account Settings: https://myaccount.google.com/permissions

7. AI Features, Outputs, and Human Handoff

• Provision: AI features are provided “as is.” Outputs may be imperfect and require human review. engagecloud.ai does not warrant the accuracy or fitness for purpose of any AI-generated output.
• Training: engagecloud.ai does not use Customer Content to train its base models without your prior written consent. Aggregated, de-identified data may be used for product analytics and model performance improvements.
• Handoff rules: The Service will route leads to your agents when configured warm-lead thresholds are met. You can configure thresholds and review logs of automated interactions.
• Limitations: You acknowledge that AI voice and messaging features are subject to applicable TCPA and state laws. You are solely responsible for ensuring lawful use of automated calling and messaging features.

8. Fees, Billing, Renewals, and Cancellation

Subscription and Payment Terms

engagecloud.ai operates on a subscription-based model. You agree to pay recurring fees for access to the platform and its services. Subscription fees, billing cycles (monthly, quarterly, or annual), and applicable taxes will be clearly outlined at the time of purchase or in the applicable Order Form.

All payment obligations are non-cancellable and non-refundable, except where explicitly stated otherwise. Fees must be paid in advance for the selected subscription term. Failure to make timely payments may result in suspension or termination of access.

Payment Gateway and Processing

Payments are processed through a third-party payment processor. By providing payment information, you authorize engagecloud.ai to charge your payment method for all applicable fees. engagecloud.ai does not store raw payment card data; all payment information is handled by our payment processor in accordance with PCI DSS standards. See our Privacy Policy for further details on payment data handling.

Renewals

Subscriptions automatically renew at the end of each billing cycle unless cancelled prior to the renewal date. Renewal fees will be charged at the then-current pricing using the payment method on file, unless otherwise agreed in writing.

Fee Increases

engagecloud.ai may increase fees by providing written notice at least 30 calendar days prior to the effective date of the increase. Unless otherwise specified in such notice, any changes to fees will take effect in the billing period immediately following such notice.

Cancellation

You may cancel your subscription at any time; however, cancellations will take effect at the end of the current billing period. No refunds or credits will be issued for partial subscription periods unless required by applicable law.

engagecloud.ai reserves the right to terminate or suspend subscriptions in cases of:

• Breach of these Terms or misuse of the platform.
• Non-payment of fees (with written notice and a 3-day cure period).
• Violation of applicable laws or regulatory compliance requirements.

Late Payments

Overdue amounts will accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. engagecloud.ai may suspend access to the Service for accounts with overdue balances.

Taxes

Fees are exclusive of taxes. You are responsible for paying all applicable taxes, levies, or duties imposed by taxing authorities in connection with your use of the Service, excluding taxes based on our net income.

9. Service Availability and SLA

engagecloud.ai targets 99.25% monthly availability for core services, measured over each calendar month, excluding scheduled maintenance, emergency maintenance, force majeure events, and any unavailability caused by Customer or Authorized User actions, third-party infrastructure failures outside Provider’s control, or disabling of services pursuant to these Terms.

SLA Credits

In the event of a service availability failure, engagecloud.ai will issue a pro-rata service credit calculated by multiplying the monthly fees attributable to the affected Services by the percentage of time during the month that the Services failed to meet the 99.25% availability target. Total service credits for any single billing period shall not exceed 5% of the fees payable for the affected Services during that period.

Service credits are the sole and exclusive remedy for availability failures. Credits are non-refundable cash equivalents applied to the next billing cycle. Credits will not be issued if you are in material breach of any provision of these Terms, or if you fail to report the failure and submit a claim within the timeframe specified in Section 10.

Planned maintenance will be communicated at least 48 hours in advance where practicable.

10. SLA Claims Process

To submit an SLA credit claim:

• Submit your claim to support@engagecloud.ai within 10 days of the incident, including the incident window and supporting logs or evidence.
• engagecloud.ai will review the claim in good faith and respond within 15 business days.
• Approved credits are applied to the next billing cycle and have no cash value.
• Claims submitted after the 10-day window will not be eligible for service credits.

11. Suspension and Termination

engagecloud.ai may suspend or terminate your access to the Service for:

• Violations of these Terms.
• Non-payment of fees.
• Legal or regulatory reasons, including TCPA violations or regulatory investigations.
• Actions that threaten the integrity, security, or availability of the platform.

Termination does not relieve you of payment obligations for the current subscription term. Upon termination, Customer Content will be returned or deleted as set out in the DPA. We may provide up to 30 days for you to export your data before deletion.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 
ENGAGECLOUD AI INC’S AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE TOTAL FEES PAID BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR CLAIMS ARISING FROM ENGAGECLOUD AI INC’S INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS, THE AGGREGATE LIABILITY CAP SHALL BE THE TOTAL FEES PAID IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This limitation does not apply to liability arising from: (i) a party’s gross negligence or wilful misconduct; (ii) death or personal injury caused by negligence; or (iii) any other liability that cannot be excluded or limited under applicable law.

Third‑party Information Disclaimer
Comparisons with competitors or third‑party providers are provided for informational purposes only and may change without notice. ENGAGECLOUD AI INC makes no representation or warranty regarding the accuracy, completeness, or timeliness of such information. Users should consult provider websites directly for current details.

13. Indemnification

You agree to defend, indemnify, and hold harmless ENGAGECLOUD AI INC, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms of Service.
• Your use of the Service in violation of applicable law, including TCPA, CAN-SPAM, or any other messaging or consumer protection laws.
• Your User Content or Customer Content, including any third-party claims that such content infringes intellectual property rights.
• Unauthorized messaging, spam, robocalling, or other misuse of the platform.
• Any use of the platform’s content, services, or products other than as expressly authorized in these Terms.
• Your failure to obtain proper opt-in consent from recipients of communications sent through the Service.

14. Intellectual Property Rights

Ownership of Platform

All rights, title, and interest in and to the engagecloud.ai platform — including its software, design, user interface, workflows, features, documentation, and underlying technology — are and will remain the exclusive property of ENGAGECLOUD AI INC and its licensors. These are protected by applicable intellectual property laws, including copyright, trademark, and trade secret laws.

Limited License

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the platform solely for your internal business purposes, in accordance with these Terms. This license does not convey any right to sublicense, resell, or otherwise transfer access to the platform.

Customer Content

You retain all rights to your Customer Content. By using the platform, you grant engagecloud.ai a limited, worldwide, royalty-free license to host, process, transmit, and analyze such data solely for the purpose of providing and improving the services as set out in these Terms and the DPA.

AI-Generated Outputs

You are granted a perpetual, non-exclusive license to use AI-generated outputs produced from your Customer Content for your own business purposes. ENGAGECLOUD AI INC retains rights to aggregated, de-identified outputs for product analytics.

Restrictions

You agree not to:

• Copy, modify, distribute, or create derivative works of the platform.
• Reverse engineer, decompile, or attempt to extract source code.
• Use the platform to build a competing product or service.
• Remove or alter any proprietary notices, branding, or watermarks.

Feedback

Any feedback, suggestions, or ideas you provide regarding the platform may be used by engagecloud.ai without restriction or obligation. Feedback does not grant you any ownership rights over the platform or any resulting improvements.

15. Data Processing Agreement

Processing of personal data is governed by the Data Processing Agreement (DPA) available at ENGAGECLOUD AI INC DPA, which is incorporated by reference into these Terms. The DPA sets out the roles, obligations, and safeguards applicable to the processing of personal data, international transfers, and subprocessing arrangements. To request a signed DPA or for DPA-related inquiries, contact legal@engagecloud.ai.

16. Messaging Compliance and Customer Obligations

Customers are solely responsible for compliance with opt-in, opt-out, anti-spam, and emergency services rules applicable to their use of the Service. engagecloud.ai provides templates and onboarding guidance for 10DLC/A2P registration and E911 provisioning but does not assume Customer compliance obligations.

Failure to comply with messaging regulations may result in immediate suspension of your account at the discretion of relevant carriers and/or regulators.

17. User Support and Training

Support Services

engagecloud.ai provides user support to ensure effective and compliant use of the platform. Support services may include access to help documentation, knowledge bases, and customer support teams available via email, chat, or other designated channels. Support availability, response times, and service levels may vary based on your subscription plan.

Training and Onboarding

engagecloud.ai may offer onboarding assistance, training sessions, product walkthroughs, and educational resources, including:

• Guided onboarding for new users.
• Product tutorials and documentation.
• Webinars or live training sessions.
• Best-practice guides for campaign execution and compliance.

User Responsibility

You are responsible for ensuring that your team members are adequately trained and that the platform is used in accordance with applicable laws, regulations, and your internal compliance standards.

Limitations

While engagecloud.ai strives to provide accurate and timely support, it does not guarantee uninterrupted availability of support services or resolution within a specific timeframe, unless explicitly defined in a separate Service Level Agreement (SLA).

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Non-U.S. customers: This choice of law does not limit mandatory consumer protections applicable in your jurisdiction. Cross-border processing and transfer mechanisms are governed by the DPA.

19. Dispute Resolution

Disputes will first be submitted to good-faith negotiation between the parties. If not resolved within 30 days, disputes will be resolved as set out in the applicable commercial agreement. If no commercial agreement exists, disputes will be resolved by binding arbitration administered by [Arbitration Body], or in the courts of the governing law jurisdiction, unless otherwise agreed in writing. Class action waiver: To the extent permitted by law, both parties waive the right to participate in class action proceedings. Each party also irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to these Terms.

20. Modifications to Terms and Service

Changes to Terms

engagecloud.ai reserves the right to modify, update, or replace these Terms at any time to reflect changes in the platform, legal requirements, or business practices. When material changes are made, engagecloud.ai will make reasonable efforts to notify you, which may include:

• Posting the updated Terms on the website with a revised Effective Date.
• Sending notice via email to registered account holders.
• Displaying notice within the platform.

Acceptance of Changes

Continued use of the platform after any updates constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must discontinue use of the platform and may cancel your subscription per Section 8.

Service Modifications

engagecloud.ai may, at its discretion, modify, enhance, or discontinue features, functionalities, or services at any time. While reasonable efforts will be made to avoid disruption, engagecloud.ai does not guarantee that all features will remain available indefinitely. Where commercially reasonable, we will provide advance notice of material feature changes.

21. Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENGAGECLOUD AI INC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ENGAGECLOUD AI INC DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED.

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

22. Force Majeure

Neither party will be liable for any delay or failure to perform its obligations (other than payment obligations) to the extent that such delay or failure is caused by events outside the reasonable control of the affected party, including acts of God, natural disasters, pandemic, war, terrorism, government action, power or internet outages, or failures of third-party infrastructure providers. The affected party will promptly notify the other party and use commercially reasonable efforts to minimize the impact of and resume performance. Either party may terminate the applicable agreement if a force majeure event affecting the other party continues substantially uninterrupted for a period of 90 days or more.

23. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without the prior written consent of ENGAGECLOUD AI INC. ENGAGECLOUD AI INC may assign these Terms or any rights hereunder without restriction in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any purported assignment in violation of this section is null and void.

24. Entire Agreement

These Terms, together with any applicable Order Form, Data Processing Agreement (DPA), and Service Level Agreement (SLA), constitute the entire agreement between you and ENGAGECLOUD AI INC with respect to the subject matter hereof, and supersede all prior or contemporaneous understandings, representations, or warranties, whether written or oral, regarding the Service.
Where a Master Service Agreement (MSA) has been separately executed between you and engagecloud.ai, the MSA shall govern and control the relationship between the parties. In the event of any conflict between these Terms and the MSA, the MSA shall prevail. These Terms apply solely to the extent that a topic is not addressed in the MSA.
In the event of any conflict between these Terms and an Order Form, the Order Form shall govern with respect to the specific subject matter of that Order Form. In the event of any conflict between an Order Form and the MSA, the MSA shall govern unless the Order Form expressly states it is overriding a specific MSA provision.

25. Severability and Waiver

Severability

If any clause in these Terms is deemed by a court or tribunal of competent jurisdiction to be invalid, unlawful, or unenforceable for any reason, that clause will be removed or restricted to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

Waiver

Any failure by ENGAGECLOUD AI INC to assert or enforce any right or provision under these Terms will not constitute a waiver of that right or provision, nor will it prevent ENGAGECLOUD AI INC from asserting that right or provision in the future. No waiver of any breach or default will be deemed a waiver of any subsequent breach or default.

26. Notices

• Notices to ENGAGECLOUD AI INC under these Terms must be sent to legal@engagecloud.ai or by mail to ENGAGECLOUD AI INC,108 West 13^th Wilmington, DE 19801 United States, Attention: Legal Department.

Notices to you will be sent to the email address associated with your account or displayed within the platform. Notices are deemed received when sent by email, provided no undeliverable notification is received.

27. Contact

• General support: support@engagecloud.ai
• Privacy and Data Subject Requests: privacy@engagecloud.ai
• Legal and DPA requests: legal@engagecloud.ai
• Phone: (888) 231-5088
• Mailing address: ENGAGECLOUD AI INC,108 West 13^th Wilmington, DE 19801 United States