These Terms of Service (the “Terms of Service” or “Terms”) are a legal agreement between you and EngageCloud
 Inc., (trademarked as EngageCloud) (“we,” or “us”) about how you will use EngageCloud’s call management tools and other services, along with any software provided for use with those tools or services (collectively referred to as the “Service”).

If you register for an account or use the Services in any way, you agree to be legally bound by all these Terms.
These Terms become effective on the day you accept them and stay in effect while you use the Services. Using the Services or our website means you agree to follow all the terms and conditions in these Terms, as well as the terms in the Acceptable Use Policy, Privacy Policy, and all other related policies, which are included in these Terms by reference (“Policies”). If you don’t agree to be bound by these Terms and the Policies, you should not create an account or use the Services.

We are always working to improve our Services, so we may change these Terms and the Services as we see fit. We can change the Terms anytime, and any changes will take effect once they are posted on our website. We might also let you know about major changes to the Terms through a notice, by sending you an email, or by some other method, unless the changes are required by new laws, regulations, or rules from our telecom providers. If you continue to use the Services after a change to the Terms, it means you agree to and accept those changes.

If you don’t agree with any part of these Terms of Service, you shouldn’t register for an account, access or use the Service, or download, install, or use the Software.

Please read the Terms of Service carefully.
By downloading, installing, or using the Software, or by accessing or using the Service, you agree to the Terms of Service and any changes or updates to the Terms or Service pricing that may happen at any time.

If you are using the Service on behalf of a company or other legal entity, you promise and guarantee that you have the legal power to bind that company or entity to these Terms of Service, including any updates.

• Service Registration Procedures
  Information and Third Parties
  Term of Service
  Payment
  Acceptable Use Policy
  License for Software
  Disclaimer of Warranties; Limitation of Liabilities; Indemnification
  EngageCloud’s Proprietary Rights
  Access to 911 or Other Emergency Services
  Apple Terms for the App Store
  Additional Terms
  Miscellaneous
  Contacting Us

Service Registration Process

When you sign up for the Service, you promise that the information you give to EngageCloud is true, correct, up to date, and complete. This includes your real name or company name, administrator name, billing address, the main places where you’ll use the Service, your 911 address, email, phone number, credit card or payment method details like PayPal or Apple Pay, and any other information needed to manage your EngageCloud account. We call all this information “Registration Data.”

Depending on the Service you choose, you might need to send copies of government-issued ID or complete certain verification steps.

You agree to update any of this information right away if it changes.
If you give false, incorrect, outdated, incomplete, fake, or illegal information, EngageCloud can, in its own judgment, stop your Service and block you from using any of its Services now or in the future, including any connected businesses, affiliates, or users linked to your account.

At all times, you must keep and quickly update your registration information. You are fully responsible for how our services are used under your account and for any actions or transactions that happen on your account, whether by you or someone else. You cannot transfer, sell, or share the service with anyone else. You must immediately tell EngageCloud –if someone is using your account without permission or if there’s any security breach. You must stop any unauthorized access to or use of our services and your account. EngageCloud will not be responsible for any unauthorized use of your account or services.

You promise that you have the legal right, ability, and capacity to agree to this contract. You promise that you have and will keep working wireless or traditional landline phone service so you can call 911 and any other emergency number. You promise that you won’t use the services in places where they must work perfectly or where their failure could directly cause death, injury, or serious harm. You promise that all the information you provide for your account, like your name, contact details, emergency address, and other details, is true and up to date at all times. You promise you won’t use the services in a way that breaks these terms or any terms included here. You agree to be responsible for all your use of the services, including any authorized or unauthorized use of your account.

To use the services, you must have a properly set up and working internet service and/or Public Switched Telephone Network (PSTN) service, like a mobile or landline phone, and you agree to do so at your own cost.

You need to get your own Internet and/or PSTN service from a provider other than EngageCloud. You are also responsible for paying for the Internet and/or PSTN connection or service, along with any equipment needed to connect to that service in order to use the Services. You must also pay third-party providers for any extra phone services or features you need to use the Applications or Services. Additionally, you have to pay EngageCloud for the Services you use.

Using the Service is subject to the restrictions in the EngageCloud Acceptable Use Policy. You promise and agree that you will always follow the EngageCloud Acceptable Use Policy and are fully responsible for all actions, mistakes, and activities of people who use the Service.

Third Parties

When you sign up, download, keep, or use the Service, you may need to give us some information that can identify you or other details (together called “Customer Data”). If you use any features of EngageCloud that collect audio or text recordings, that information is considered part of the Customer Data. You are fully responsible for getting, entering, and updating all Customer Data. You agree to let EngageCloud use your Customer Data forever, everywhere, without paying any fees, and without limiting our use. We can copy, save, send, show, print, and use the Customer Data as needed to offer, improve, and develop the Services. You also agree to let us use your name, logo, and trademarks to show that you’re a customer on our website and other promotional materials. You agree that we can let our employees, contractors, and agents access your Customer Data and share how you use our Service, as long as they need that information to improve, personalize, and provide our Services, do product development research, and make the user experience better. EngageCloud may share Customer Data as allowed by our Privacy Policy.

Any information sent through the Service is the responsibility of the person who sent it. You are in charge of using that information and you do so at your own risk. EngageCloud is not responsible for any mistakes or missing details in that information, and we can’t be held accountable for any problems or losses you may face because of it. EngageCloud can’t control how you understand or use the information, or what actions you take after seeing it. You agree to let us off the hook for any issues that come up because of the information you get or don’t get through the Service.

EngageCloud doesn’t guarantee who the users are that you meet through the Service, and we aren’t responsible for which users are allowed to use the Service.

The Services might include links to other websites or services that aren’t owned or managed by EngageCloud.
You access those sites and services at your own risk and you must follow any rules, privacy policies, or other terms that apply to them. EngageCloud isn’t responsible for anything that happens because of those links, and by using the Services, you agree to protect. EngageCloud from any liability that comes from your interactions with third parties or your use of their websites or services.

Some features or services you use through the Services are provided by third-party websites or organizations. When you use any part of the Services, you agree that EngageCloud may share your information and data with any third party that has a contract with us to help deliver the product, service, or feature you’re using on your behalf.

If there is a disagreement between users on this site or between a user and any other person or company, you agree that EngageCloud isn’t required to get involved. If you have a problem with another user, you agree to let go of any claims, demands, or damages you might have against EngageCloud, its leaders, workers, representatives, and anyone who takes over from them. This includes any kind of claim, whether you know about it or not, and whether it has been mentioned or not. This applies to any issue related to these disagreements or the services provided by EngageCloud.

If you live in California, you agree to give up your right to claim anything under California Civil Code Section 1542, which says: “A general release does not cover claims that the person giving the release didn’t know or think about at the time, which would have changed the settlement if they had known.”

You are in charge of all actions you take while using the Service.

Term of Service

EngageCloud might offer the service to you for free for a limited time, called a Free Trial. This trial starts when you first use the service and lasts up to seven days from that first use, or for a longer period if EngageCloud decides to give you more time on a case-by-case basis.

EngageCloud can choose at any time to add more rules or limits to the Free Trial without telling you in advance.

Even though this agreement says otherwise, here are some important rules about the Free Trial:

(i) The Service provided during the Free Trial is given as-is, with no guarantees or promises of any kind.

(ii) During the Free Trial, there will be clear limits on how much the customer can use the Service, and those limits cannot be broken.

(iii) EngageCloud is not responsible for any issues or problems with the Service during the Free Trial, unless it’s not allowed by law.
Also, if the customer goes over the usage limits during the trial, they might get charged.

At the end of the Free Trial, if the customer wants to stop using the Service and avoid any charges on their credit/debit card, PayPal, or Apple Pay account, they need to contact EngageCloud customer service at +1 (888) 231-5088 during business hours (8 am to 8 pm EST), seven days a week.

While the customer is on the Free Trial or has chosen to stop it, they cannot transfer (port) their trial number(s) out. Numbers can only be transferred if the customer is on an active, paid service plan.

If the customer doesn’t stop their account before the Free Trial ends, they will automatically start using the paid version of the Service.
EngageCloud will keep charging the credit/debit card, PayPal, or Apple Pay account every month or year, depending on the plan, until the account is closed.

All the terms and rules of the Service apply to the Free Trial as well.
If there is any unusual activity on the account during the trial, EngageCloud can end or pause the trial at any time, without giving prior notice.

 Initial Period

 EngageCloud Service is only available through paid subscriptions. If you choose the monthly plan, your service will last one month. If you choose the annual plan, your service will last one year (this is called the “Term“).

The first Term starts on the day you sign up for the service (this is called the “Date of Purchase”). Your Term will automatically renew for the same length of time without you needing to do anything, unless you tell EngageCloud customer service that you don’t want to renew at least 30 days before the current Term ends. This rule applies unless your order says something different.

For monthly service users, you can cancel or stop using the service anytime by calling EngageCloud customer service at +1 (888) 231 5088 during business hours (8 am to 8 pm EST) every day of the week. However, this is subject to any restrictions or fees mentioned in these Terms or any other agreements you have with EngageCloud.

For annual service users, you are buying the service for the full length of the annual Term. If you stop using the service before the end of your Annual Term, you will still be responsible for all charges for the remaining time on your Annual Term. This includes any unpaid charges, charges that haven’t been billed yet, taxes, and fees, including any disconnection fee. You also won’t get a refund for any part of the Annual Term you didn’t use.

 You can change to a cheaper or more expensive service plan whenever you want. If you switch plans during your current term, you will be charged or given a credit for the difference in cost between your old plan and the new one, based on how much time is left in your current term. This credit can be used to pay for future service periods or for extra features, but it cannot be taken as cash or refunded to your credit card, debit card, PayPal, or Apple Pay account.

Extension

Your service plans will automatically renew for the same length of time as the original term, without you needing to take any action or receive any notice.

Voluntary termination

You can end the Service or your account by calling EngageCloud customer service at +1 (888) 231-5088 during business hours, which are from 8 am to 8 pm EST, every day of the week.
Once we confirm your account, we will stop the Service or close your account.

We can change, stop, or end the Service or your account without giving notice if you break the terms. We get to decide what counts as breaking the terms, and you agree that our decision is final and must be followed. If you break the terms, you will pay all the money you still owe, plus any charges that haven’t been billed yet. You also have to cover all the costs we spend trying to get paid, like lawyer fees, court costs, and other expenses.

When your account is closed, all your information, like voicemails, recorded calls, text messages (both SMS and MMS), and call history, will be deleted or removed as described in the Privacy Policy.
Any business phone numbers you got through the EngageCloud Service and moved into EnagageCloud, will be automatically released and gone forever after seven (7) days from when your account was closed.

If you want to move your phone number to another provider, you need to tell EngageCloud by calling their customer service at +1 (888) 231 5088 during business hours, which are from 8 am to 8 pm EST, every day of the week. You are still responsible for paying for the Service until the transfer is complete. EngageCloud does not charge any fees for transferring numbers.

 Termination for Non Payment

If you sign up for our services, you must give us a valid payment method, like a credit card, debit card with correct billing details, PayPal, or Apple Pay account (“Payment Method“). You also need to let us know if we can take money from that payment method. This permission stays active for 30 days after you stop letting us charge your payment method. When you stop using our service, we will charge you any unpaid fees or remaining charges and stop your service.

If your credit card or other payment method is rejected or doesn’t work for any reason, we will try to reach you and let you know about the failed payment. However, we can still end your service and close your account if your payment method fails. We also have the right to keep trying to charge your credit card, PayPal, or Apple Pay account for any unpaid amounts and any extra fees, and we can use any legal steps available to us.

When your account is ended, all your account information, like voicemails, recorded calls, text messages (SMS and MMS), and call history, will be deleted or removed as described in our Privacy Policy.
Any business phone numbers you got through EngageCloud and moved into your account will be automatically released and completely lost after 7 days from when your account is closed.

If you cancel your service for any reason, all the unused calling credits, text message credits (SMS/MMS), international calling credits, additional credits, and promotional credits will go away completely on the day you cancel. There will be no refund, transfer, or partial payment for any of these credits or for any remaining time left on your account.

Payment
|Prices and Charges
All prices listed on the website or in the service management dashboard are in US dollars and do not include taxes or other fees.
If you choose to use more features of the service or go over the set usage limits, extra charges may apply. You are responsible for all charges that result from using the services on your account. Recurring charges for the service start on the first term and continue for the full term.

Billing and Payment Methods

When you sign up for the service, you need to provide a valid payment method, such as a credit card (with correct billing details) or a PayPal/Apple Pay account. You may also agree to allow us to charge your payment method. Any authorization you give will stay active for thirty (30) days after you stop letting us charge your account. If you end your subscription, we will charge any unpaid fees and then stop your service.

All fees that apply will be charged in advance on the first day of each billing term. If your service has usage–based charges or other fees, they will be charged after the billing period (monthly or yearly, based on your plan). We will send you an invoice (or a link) that shows recent charges.

The end date of a billing cycle might change from time to time.
If a billing cycle is less than or more than a full month, we may adjust the charges reasonably and split them according to the actual time used.

You must keep your payment details, such as credit or debit card numbers, expiration dates, billing addresses, and other verification information, up to date.
You can update this through your service management dashboard. If a payment fails or is declined, EngageCloud will try to contact you and let you know about the issue.

Despite the above, EngageCloud can stop your service and end your account if your payment method fails. We also have the right to keep trying to charge your card or PayPal/Apple Pay account for any unpaid fees and take legal action within thirty (30) days of the first failed payment.

We are not responsible for any fees charged by your credit card company if your account goes over the credit limit or for other reasons. If we suspect fraud, we can stop your account immediately without letting you know. We may charge a fee for any chargebacks unless the dispute is due to our error and recognized as valid by us.

If you disagree with any charges on your bill, you must write to us within 10 calendar days of the date of the billing statement. If you don’t, you give up your right to challenge the charges or get any further help. Any written dispute should be sent to support@engagecloud.ai

Taxes

All the fees listed for the Service on the website do not include any federal, state, local, international excise, value–added, or similar taxes, as well as administrative or recovery fees or charges (collectively called “Taxes and Fees“).

Taxes can change depending on where you are and the type of Service you use.
Some service charges, like Regulatory Recovery Fees, Universal Service Fund fees, and E911 fees, may change from time to time. These changes apply to all customers. Any Taxes, access fees, universal service or other recovery fees, or similar charges will be updated on the date they become effective as required by the relevant authority.

You agree to pay all Taxes and Fees or any other similar liabilities that may now or in the future be applied to the Service, whether required by law, regulation, or by EngageCloud.

If EngageCloud pays or is required to pay such liabilities, including any Taxes and Fees that were not previously charged or collected, you agree that EngageCloud can charge your credit card or PayPal/Apple Pay account on file for these payments once they receive an invoice showing you owe them money.

If any withholding tax is taken from payments, you must pay more so that after the tax is taken out, EngageCloud still gets the full amount it would have received if no tax had been taken.

Tax – Exempt Status

If you are exempt from paying taxes, you must provide EngageCloud with an original government–issued certificate proving your tax–exempt status.
This exemption will only be valid from the date EngageCloud receives the certificate.

Please note that a certificate from a 501(c)(3) organization does not apply to the taxes EngageCloud charges, which are sales tax (in some areas) and telecom taxes. Only real sales and use tax exemption certificates issued by the state are considered valid for processing an exemption.

Late Fee Charges

We can charge a late fee, which includes your subscription and any add–ons. This fee is calculated from the date of the invoice until the full payment for the Services is received.

If your account is suspended because you haven’t paid, service will not be restarted until all the unpaid money is paid in full. When your account is restarted, there might be a reactivation fee and we can decide whether to charge it or not.

Discounts

From time to time, EngageCloud may offer promotions or discounts, and this is at their own choice. Any promotion or discount code must be given to EngageCloud when you sign up for the Service. If you don’t ask for a credit for these discounts at the time you create your account, you won’t get one later. You can’t use promotions or discounts together, and you can’t use them for past services. If a promotion or discount is given in a secret way, you agree not to share it with anyone. You also agree to take full responsibility for any damage, whether direct or indirect, that might happen to EngageCloud because of the promotion or discount being shared.

Refunds

EngageCloud does not give refunds if you change your service plan during the current billing cycle. If you switch to a cheaper plan, you won’t get a refund for the difference in cost between the old and new plan. You must contact EngageCloud before the next billing cycle starts if you want to change, update, or remove any services, subscriptions, or accounts.

EngageCloud does not give refunds for services that you order but don’t use.
You are responsible for canceling any services, subscriptions, or accounts as described in the “Termination” section.

If you stop using the service before the end of your agreement period, you are still responsible for paying for the remaining time, just as if you had continued using the service. This includes any unpaid charges, charges that haven’t been billed yet, taxes, and fees, including any disconnect fee that might apply. You also won’t get a refund for any part of the prepaid charges that you didn’t use.

If you don’t pay your bill on time for any reason, we may stop or end your service without warning. If that happens, all charges that have been made will become immediately due, plus a late fee to cover our costs starting from the date of the invoice until the full payment is received. We won’t restart your account until the full payment is received, and then there will reactivation fee, which we can decide to charge. Even though your account might be stopped, you won’t get a partial refund for the time it was stopped. If we end your service because you didn’t pay, your account will be officially closed.

Service Plan Minutes

Unlimited Calling

The “Unlimited calling” feature in the Subscription Plans is based on the Fair Use Policy, which depends on the customer‘s plan.

EngageCloud allows nearly unlimited calling for local and toll–free numbers in the United States and Canada, based on normal monthly usage.

For this agreement, “unlimited calling” means what most customers use in a month. To stop people from using the service in a way that’s not intended, calls going over the monthly minute limit for your plan will be charged a fee per minute. The fee is calculated in one-minute blocks and rounded up to the next full minute.

Our advertised talk minute plans are only available in the United States and Canada and are not available in U.S. territories. Calls to or from U.S. territories are treated as non–local calls and will be charged from your EngageCloud account balance based on the call rates.

Text and Multimedia Messages

The “Unlimited messaging” feature in the Subscription Plans is also based on the Fair Use Policy, which depends on the customer‘s plan.

EngageCloud offers nearly unlimited text messages and MMS each month from your mobile phone or computer. This is defined as what most customers use in a month. Both incoming and outgoing text messages and MMS are counted toward this monthly limit.

If you’re running out of messages, we won’t automatically charge you for more credits unless you buy them yourself or ask the support team to do it on your behalf.

EngageCloud treats all messages sent through the service as Application-to-Person (A2P) messages. All A2P messages sent from the US to or from EngageCloud phone numbers must be registered with 10DLC and follow the Messaging Policy.

Calling Credits

Calling credits and international calling credits do not have any cash value and cannot be turned into money or refunded once they are bought. This includes even after your account is closed. These credits can only be used by the person or people who own the account they were added to. You can’t sell, give, or share these credits with others. Any unused credits stay on your account and carry over to the next billing period.

Text message (SMS/MMS) credits also do not have any cash value and cannot be turned into money or refunded once purchased. They can only be used by the account holder or users of the account they were assigned to. You can’t share these credits with other customers or use them on another account. Text message credits expire based on the time you bought them. For monthly services, they expire at the end of the billing period. For annual services, they are available for the whole year. If EngageCloud changes anything, they may adjust the charges or split the cost as needed.

EngageCloud offers an optional AI assistant feature CallCenter packages in the United States. This AI assistant can automatically process calls, create transcripts, and summarize them. Availability of these features depends on the package you have.

To keep things running smoothly, EngageCloud may limit the use of AI features to 500 minutes per user each month and 100 uses per day. They can change or stop the AI assistant feature at any time, and they will give you notice before doing so.

EngageCloud AI Assistant has not been checked or approved for use in other countries and may not meet local privacy rules. It is not meant to be used for handling payment card information. You promise that you and your users will not use the AI Assistant for any payment card data.

AI and machine learning are changing quickly, and their results are for information only. They might not be completely accurate. You and your users should check the results carefully, like by looking at them again, especially if they’re used for important decisions. EngageCloud isn’t responsible for any costs, damage, or penalties from using the AI outputs incorrectly, misusing them, or using them in a way that breaks the law.

You should not make major decisions based only on AI results, such as for school admissions, jobs, loans, credit, government services, healthcare, housing, insurance, or legal matters. EngageCloud may update or change the AI Assistant service at any time.

You promise that before using the AI Assistant with your users, you will get any needed permission or consent to collect and process personal information.
This includes getting consent to record calls and use AI to evaluate employees, users, or customers, or to understand individual characteristics.

EngageCloud isn’t responsible for any costs, damages, or penalties if you fail to get consent, if you don’t honor a user’s request to stop using the AI Assistant, or if you use the service against the law. You agree to cover any costs, damages, or legal fees that EngageCloud might face because of these issues.

IP Ownership

EngageCloud AI Assistant uses pre–trained artificial intelligence models to process customer inputs and create outputs, like call summaries. The customer is fully responsible for any third–party claims, including copyright issues or other legal matters, that arise from their use of EngageCloud AI Assistant, or from their end users‘ use. These models also learn from customer inputs by identifying patterns and making connections, which can help improve the AI Assistant. For example, they might find words or phrases that are similar to specific keywords used in a tracker. The customer is responsible for all inputs they or their end users provide, including making sure they follow all laws and rules. Except for the Inferences, the customer retains all rights, ownership, and interests in the AI outputs. EngageCloud owns all rights, title, and interest in the pre–trained models and the Inferences. If any rights in the Inferences belong to the customer, they agree to transfer all such rights to EngageCloud.

EngageCloud can use these Inferences to enhance and improve its services.

Storage of Personal Data

Additional terms for customers outside the United States: Any content created by the customer, including personal information, will be stored in the United States, regardless of which country the customer‘s account is linked to.

Acceptable Use Policy

How You Can Use the Service

You can only use EngageCloud’s Service for legal, proper, and appropriate reasons. You are responsible for making sure you and your users follow this Acceptable Use Policy.

You cannot use the Service for any of the following things, which are in addition to other rules that apply to all services:

Using the Service for illegal purposes includes: breaking any law, rule, government order, or regulation; not following industry standards or guidelines; or not getting the required permission before sending, recording, collecting, or monitoring data or communications.

This also includes not respecting opt-out requests for any data or communications. It also includes doing things that are threatening, abusive, harassing, defamatory, libelous, altered, deceptive, or fraudulent.

You cannot trunk or forward your number to another phone number that can handle many calls at once, or to a private branch exchange (PBX) or a key system that is charged by the minute, unless we agree otherwise.

You cannot spam or blast, which means sending 100 or more voicemails, SMS, MMS, or faxes all at once.

You cannot use the Service for bulk call-in lines, such as emergency centers, hotlines, 900 numbers, sports lines, etc.

You cannot use auto–dialing or predictive dialing, which means not making calls automatically using software or other methods.

In addition, you must not and must not help or encourage anyone else to do anything that is illegal, deceptive, or harmful to EngageCloud’s operations or reputation, including:
(a) changing, altering, repairing, or making copies of any software;
(b) trying to break down or copy the software used to provide the Service, or find or recreate the source code, except if the law allows it;
(c) using the Service in a way that is not allowed by these Terms of Service, the Privacy Policy, or any other policies, including this Acceptable Use Policy;
(d) selling, lending, renting, or transferring any rights to the Service to another person;
(e) removing or hiding any notice that says the Service is owned by someone else;
(f) using the Service in a way that tries to avoid paying fees or going over usage limits;
(g) using the Service in connection with places like nuclear facilities, aircraft navigation, medical devices, or systems that could cause death, injury, or damage to property or the environment;
(h) using the Service to:
– Do something illegal or fake, like running a scam, phishing, forgery, or other forms of deception;
– Send unwanted or unauthorized messages, such as junk email, spam, chain letters, pyramid schemes, or anything similar (including SMS, fax spam, etc.);
– Share content that is not allowed, like material that is illegal, harmful, threatening, offensive, or against the law, or violates the rights of others;
– Share content that can be used to attack a service, like viruses, worms, spyware, or other harmful programs;
– Harass, abuse, stalk, or break the legal rights of someone else;
(i) Try to interfere with or stop the servers or networks we use to provide the Service or those that others use to access it, or break the rules of other users or services;
(j) Try to access other accounts, systems, or networks without permission, using methods like password mining;
(k) Use the Service in a way that causes too much stress or use on our systems; or
(l) Share your password or other access information with others, or let someone else use the Service or the Software.

 Even if something in these Terms of Service says otherwise, EngageCloud can stop or limit your services right away without warning if they think there’s fraud or illegal activity in your account, if you break the Acceptable Use Policy in a serious way, or if you’re using the services in a way that could mess up the EngageCloud network. They can only do this as much as is needed to stop the problem. Once the problem is fixed and gone, EngageCloud will quickly undo the stop or limit. If you think there’s something normal but unusual happening on your account, you should let EngageCloud Support know before it happens to stop any service issues.

We can change, update, or add to this Acceptable Use Policy whenever we want, for any reason. We can also turn off your account, change your user ID or password, or ask you to change them, for any reason or no reason at all. The list of things you can’t do in this policy isn’t complete.

Unsolicited Advertisements

You agree that when you use the Services and send or receive messages through them, you must follow all applicable laws and rules, including the Federal Telephone Consumer Protection Act of 1991.

You also agree that EngageCloud has the right to use tools like filters to stop any unsolicited ads or messages that break the law or rules, without giving you any notice. If you break this rule, EngageCloud may stop you from using the Services altogether and you agree to fully protect and not hold EngageCloud responsible for any costs or damages from sending or receiving voicemail, broadcast, or fax spam or solicitations.

If you send or are involved in sending voice, fax, email, or other unsolicited marketing messages using the Services and it breaks the law or rules, you agree to pay EngageCloud for any actual damages that can be reasonably calculated.
If it’s not possible to calculate actual damages, you agree to pay EngageCloud $15.00 (US dollars) for each message that breaks the rules. You understand that this is an estimate and not a punishment.

Fair Use Policy
The “Unlimited calling” and “Unlimited messaging” (SMS/MMS) features provided under the Subscription Plans are subject to the Fair Use Policy.
This policy depends on the type of plan you have. You agree not to use EngageCloud’s service plans for any prohibited activities as stated in the Acceptable Use Policy.

Both voice minutes and SMS/MMS messages are subject to the terms and restrictions of the Acceptable Use Policy and any other policies mentioned here.
These features can’t be used for trunking or forwarding calls or messages from an EngageCloud number to another phone number that can handle multiple calls at once, or to a private branch exchange or key system. The messaging feature can’t be used for bulk messages or messages sent using workflow automation or SMS bots. The SMS/MMS service is a third–party service and the quality is not controlled by EngageCloud.

If you’re approaching the limit of your plan‘s minutes or messages, you must add a balance to your account through your service dashboard, or the service may be suspended.
EngageCloud can change, update, or modify the Fair Use Policy anytime for any reason, as it sees fit.

If you use SMS/MMS, including both person-to-person and account-to-person messages, and you send them to ten-digit US phone numbers, you must follow the EngageCloud Messaging Policy.

Messaging Policy

EngageCloud treats all messages sent through its services as Application-to-Person (A2P) messages. All A2P messages sent from EngageCloud numbers are subject to this Messaging Policy. You are responsible for anyone who uses your account to send messages through EngageCloud.

Consent or opt-in rules. Before sending your first message to someone, you need to get their clear and written permission. This permission has to be easy to understand. You must tell them exactly what kind of messages they will get and from whom. Examples of getting this permission include using a website form that clearly says a person is agreeing to receive text messages, or having them send a message to your number.

You must follow the National Do Not Call Registry and not call or text anyone who has signed up on that list.

Consent is only for the specific message or campaign they agreed to.
You can’t send messages about other things unless you get their permission for those too. You need to keep a record of each consent, like a copy of the form they signed or a time stamp when they completed a sign-up process.

If you don’t get proper permission, your number or service might be blocked or stopped by mobile carriers or EngageCloud. EngageCloud can also stop or close your account if you break these rules or this Acceptable Use Policy.

Opt-out rules

The first message you send must include the words “Reply STOP to unsubscribe” or another standard opt-out word like STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT. You must let people cancel their permission anytime by using one of these words. When someone cancels, you can send one last message to confirm they’ve opted out, but you can’t send any more messages after that.

 Prohibited campaigns

Even though SMS is a great way to reach customers who have given their permission, there are certain rules about what kinds of messages can be sent and what content is allowed.
The following types of campaigns are not allowed:

– Ads for alcohol, tobacco, or firearms
– Ads for pharmaceuticals, vitamins, or other drugs
– Ads for cannabis or prescription medicines that can’t be sold without a doctor‘s prescription
– Campaigns that are similar to any of the above

Note: EngageCloud cannot make exceptions for these prohibited campaigns.
Messages that are similar in nature might be blocked by EngageCloud or the phone carriers without any notice. This list of content restrictions is not complete, and the rules set by phone carriers and industry standards can change over time. EngageCloud  has the final say on whether a campaign breaks any content guidelines or standards, and they may block a campaign or stop your service if there’s a violation.

Prohibited content

The following types of messages are also not allowed and could result in your service being blocked or suspended by the carriers or EngageCloud:

– Messages that involve illegal activities or break our terms of service, including the acceptable use policy
– Messages that promote or involve adult entertainment, regardless of whether it’s legal
– Messages that include text or references to violence, hate speech, or any threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent behavior
– Messages that mention substances classified as controlled under federal law, even if they are legal, including marijuana (cannabis)
– Messages that include links to third–party affiliates or lead generation sites
– Messages that use hidden links to try to trick the user, or links that don’t match what the message says
– Messages that are designed to avoid this policy or the carrier‘s policies (like using misspellings or unusual capitalization)

EngageCloud can add to this list anytime or decide that certain messages are not allowed in their judgment.

 Carrier fees and account restrictions

If an account breaks EngageCloud’s rules or the carrier‘s rules, it might face problems like fewer messages being delivered, extra steps needed to run campaigns, extra fees, service being paused, or the account being ended.
Also, there could be fines or other penalties that the carriers pass on to EngageCloud.

It’s your job to know any extra limits when sending text messages and to follow all rules about the phone numbers you’re sending to.

Phone Numbers

EngageCloud gives you phone numbers to use with their service, or you can bring your own number over to EngageCloud (called a “Number“).
Once you register for the paid plan, you become the owner of the number you get from EngageCloud.

You can ask for a specific phone number, and EngageCloud will try to give it to you. But they can’t promise it will be available. Don’t make any printed materials, like business cards or letterhead, or spend money on ads or events, or arrange any publicity that shows a phone number until the number is active in your account. EngageCloud isn’t responsible for reimbursing you for any of these if the number isn’t available.

If you want to take your number from EngageCloud to another provider, it’s seen as asking to end your account with EngageCloud.
If you decide to move your number, you still owe EngageCloud  any unpaid balances. You must pay all bills before moving the number. Your account must stay active until the transfer is done. After the transfer, you’re still responsible for ending any services linked to that number, or you’ll keep getting service charges. If your service ends before the transfer, you lose the number and it can’t be moved later.

Call related compliance

“Do Not Call” Compliance

If You are advised by any party that it does not wish to receive communications from You via the Services, You agree, to the extent required by applicable laws or Your’ policies, to promptly honor such do-not-contact requests, including where possible by adding the party to its internal do not call list, and thereafter refrain from calling that party. You are solely responsible for obtaining any required consent of or a release from persons or entities to whom or to which You intend to send communications using the Services. You agree to contact only those persons who You are legally permitted to contact and only in the manner permitted under applicable law.

Call Recordings

You acknowledge and understand that, if it subscribes to and uses call recording features of the Services, (i) recordings and transcripts of such calls are Customer Data, and (ii) calls will be recorded at all times, including when a call is placed on hold or after a call is transferred to another party. You agree that when using the call recording features, it will comply with all notice, consent, and privacy requirements pursuant to any applicable laws. 

Voicemails and other Data

You acknowledge that the Service is not intended to be used for storage and that voicemails, recorded conversations, settings, configuration and other files and data stored contained in the Service are not backed up by us. Any files and data stored in the Service may be lost and we will have no liability for its loss.

Service limitations

Phone call duration is limited to 90 consecutive minutes due to technical reasons. By default, the number of team members (users) per one calling group is limited to 20 users. If you require a change to this limitation, please reach out to EngageCloud customer service for assistance.

Calls recorded within the EngageCloud system are stored for 1 year before being automatically removed.
Each extension on the EngageCloud account has a limit of 500 stored voicemails. Voicemails have a length cap of 3 minutes each.

Privacy

You acknowledge that the Service relies, in whole or in part, on the public Internet and third party networks to transmit voice and other communications. For this reason, we cannot guarantee and do not warrant that your calls or other communications and transmissions using the Service will be secure or private. You understand that we may preserve voicemails, recorded phone calls and other user content and may review and disclose this content, your name, telephone number, credit card and/or PayPal/Apple Pay account information and other personal information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) comply with law enforcement or other governmental agency requests;
(b) comply with laws, regulations, rules, subpoenas, search warrants, or court orders;
(c) investigate, identify, contact, or bring legal action against someone who may be misusing the Service or violating the terms of our agreements;
(d) investigate and protect the rights, property, or personal safety of EngageCloud, its users, and the public; or
(e) respond to support requests.

Please refer to our Privacy Policy for additional information.

 License to Software

If we provide the Software to you, your use of it is governed by the license agreement (if any) that comes with it.

If there is no license agreement, then your use is subject to these Terms of Service. In that case, you are only given a non–exclusive right to install and use one copy of the Software (in object code format) for your own use of the Service. We keep all other rights to the Software. This limited permission does not let you change, adapt, or share the Software, combine it with other programs, or create new works based on it. You can’t and won’t allow others to do any of these things:

(a) make copies, change, translate, improve, break down, or reverse engineer the Software, or create anything based on it,
(b) rent, lease, or share the Software, or
(c) get around or stop any security or technical features in the Software.

Unless we tell you otherwise, your license to use the Software ends when your Service ends. You must then quickly remove the Software from your device.

Disclaimer of Warranties; Limitation of Liabilities; Indemnification

Disclaimer of Warranties

Using the Service is at your own risk

We offer the Service as it is and as available. We and our suppliers and licensors do not promise any guarantees, whether stated or implied. This includes, but is not limited to, guarantees that the Service is good for its intended purpose, has the right title, or doesn’t infringe on others’ rights. We don’t promise that the Service will be always working, fast, secure, or have no mistakes. We also don’t say the Service will meet your needs or work without interruptions. We are not responsible for messages or information that might be lost or misrouted because of service disruptions or internet problems. We also aren’t responsible for the content or features of any third–party networks that are used with the Service. We don’t promise that the results from using the Service or any data or information you get through it will be accurate or reliable. You must understand that any data or information you get through the Service is at your own risk, and we won’t be liable for any harm or damage you or your property might suffer. Any advice or information you get from us or through the Service doesn’t create any warranties not clearly stated in these Terms of Service. Some places don’t allow us to say we aren’t responsible for certain implied warranties, so in those cases, we may not be able to say we don’t have them to that extent.

Limitation of Liability

We and our suppliers and licensors won’t be responsible for any damages, including but not limited to, loss of profits, reputation, use, data, or other intangible losses, that result from your use of the Service.
This includes even if we were told about the possibility of such damage. No matter what, our total responsibility for all kinds of damages from your use of the Service (including but not limited to those from warranty claims) can’t be more than the greater of $100 or the amount you’ve paid us for using the Service in the twelve months before the event that caused the damage. This applies even if any remedy we offer fails to do what it was supposed to. In some places, you can’t exclude or limit responsibility for consequential or incidental damages, so the above limits may not apply to you. In those cases, you agree that these limits reflect a fair and reasonable way of sharing risk between you and EngageCloud, and they are basic parts of our agreement. So, EngageCloud’s responsibility will be limited to the maximum allowed by law.

Indemnity

You agree to protect and keep us, our suppliers and licensors, and our related companies, officers, agents, employees, representatives, and assigns free from any costs, damages, expenses, or liabilities that result from your use of the Service (including related to 911 calls), your failure to follow these Terms of Service, or your violation of any rights of a third party through the use of the Service.

EngageCloud’s Special Rights

We own and will always keep full and sole rights to the Service, including the Software. This includes all copyrights, trademarks, trade secrets, and other types of intellectual property connected to the Service and the Software. We also keep all rights that are not specifically given in these Terms of Service. Any new features we add will also be considered part of the Service and must follow these Terms of Service.

Access to 911 or Other Emergency Services

Emergency 911 services through EngageCloud are different from those offered by a regular phone company.
These differences might make it harder or slower for emergency responders to reach you or others during an emergency.

You promise and agree that you have and will keep a working wireless or landline phone so you can call 911 and any other emergency number.
You also promise not to use these services in places where a failure could cause serious harm, like death, injury, or major damage.

Apple Terms on the App Store

These Terms apply to your use of all EngageCloud services, including the iPhone app available on the Apple App Store.
Additional terms also apply specifically to the app:

Both you and EngageCloud agree that the Terms are between you and EngageCloud only, not Apple.
Apple is not responsible for the app or its content.
The app is only licensed to you for limited, non–exclusive use on your own Apple device for personal, non–commercial purposes.

You must use the app only with an Apple device you own or control, as allowed by Apple’s App Store terms.

Apple isn’t required to offer support or maintenance for the app.

If the app doesn’t work as promised, you can report the issue to Apple, and they may refund the app’s price.
Apple will not offer any other guarantees.
You agree that EngageCloud, not Apple, is responsible for any issues with the app, including: (i) product liability claims; (ii) claims that the app doesn’t follow laws or rules; (iii) claims under consumer protection laws.

If a third party says the app breaks their rules or owns the rights to the app, EngageCloud, not Apple, will handle the situation.

You agree that you’re not in a country banned by the U.S. government or on any restricted list.

You both agree to follow any other terms that might be affected by your use of the app.

Both you and EngageCloud agree that Apple and its subsidiaries are third–party beneficiaries of these Terms.
If you accept them, Apple has the right to enforce them.
If you have any questions, complaints, or issues with the app, contact EngageCloud at +1 888-231-5088 or via email at support@engagecloud.ai.

 Additional Terms

The Service might connect to websites or apps run by other companies (“Third Party Services”).
We are not responsible for those services and don’t support them. You can choose whether to buy or use any Third Party Services. Your use of them is only governed by their own terms and conditions.

Miscellaneous

Force Majeure

We won’t be held responsible for any delays or failures in performing our duties if they are caused directly or indirectly by events beyond our control.
These include things like fire, flood, accidents, riots, war, government actions, embargoes, strikes, labor issues, equipment breakdowns, late delivery from suppliers, or other similar events.

Governing Law and Venue

These Terms of Service will be understood, interpreted, and followed according to the laws of the State of Washington, but not including its conflict of laws rules. Any legal issues related to these Terms of Service or your use of the Service will be handled in the state and federal courts in Seattle, Washington. You agree to accept the authority of these courts.

Entire Agreement and Severability

These Terms of Service, along with any policies and the Privacy Policy, make up the full agreement between you and us about the Service. If any part of these Terms of Service is found to be invalid or not enforceable, the rest of the document will still be valid and in effect.

No Waiver
If we don’t enforce a right or part of these Terms of Service, it doesn’t mean we give up that right or part unless we agree to do so in writing.

No Assignment
These Terms of Service are personal to you (or the company you work for) and can’t be transferred or given to someone else without our written permission.

Informational Messages
By signing up for EngageCloud’s service, you agree to receive messages from the company through text, email, or other methods.

Survival
Any provision in these Terms of Service that by its nature should survive the termination of your rights to access the Service or any termination of these Terms of Service (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.

Communications Assistance for Law Enforcement Act (“CALEA”)

EngageCloud intends to fully comply with the Communications Assistance for Law Enforcement Act (“CALEA”). By using the Service, you hereby agree and consent to EngageCloud’s right to monitor and otherwise disclose the nature and content of your communications if and as required by CALEA without any further notice to you.

Notices
You agree that we will communicate with you via e-mail sent to the email address associated with your account. You are responsible for notifying us of any changes to your e-mail address by updating your account profile on the web site. We use e-mail to communicate important information about the service, billing, changes to the service and other information. The information is time-sensitive in nature. You must read all email we send to you in a timely manner.

Contacting Us
If you have any questions or concerns about the Service or these Terms of Service, you may contact us at:
+1 888-231-5088
Email: support@engagecloud.ai