Enggage provides you with a web and mobile platform to communicate and provide customer service. You can use Enggage’s services to send messages through push notifications, schedule agendas and provide chat between users. You can invite anyone in your organization to use the system, and you can invite customers to share content.
When you create content through Enggage’s services, you retain all your rights in such content, and you may be allowed (to the extent the system enables you to) to change its availability to other users, i.e. make it available only to your organization, selected people in it, or other definitions.
Enggage is meant to be used for sharing content to invited people. Enggage allows the administrators of your organization to moderate this, add users, and track the audience of messages.
Enggage operates its services with best efforts, and takes steps to make sure your information is protected. However, because of the nature of Enggage’s services, which combine public and private information that is conveyed over the public internet, Enggage shall not be liable for any damage caused as a result of your use of the services, their unavailability, any error or faults in the services.
We request that you read the full terms, as it is the sole agreement between yourself and Enggage.
1. Registration, Eligibility: In order to register to the services, Enggage may perform several actions to verify your identity, including the authentication of your email account, or validation of other information. When you register, you state and warrant that you adhere to Enggage’s eligibility terms, as stated hereunder:
1.1. Who Can Register?
1.1.1. Admins: If you are the authorized agent of your corporation, and you are the first to register, you shall be deemed as the first Administrator of your Enggage account, which you may share later with other employees. When you open the account, it shall be under your corporate name, and you shall be designated as “Administrator”.
126.96.36.199. Corporation: You hereby warrant that you are a valid corporation, business, partnership, non-profit entity and/or government agency, which is solvent and may enter into these binding terms. You hereby warrant the following:
188.8.131.52.1. Designated Agent: The first administrator who opened an account is the designated agent who is authorized to enter into these terms on your behalf.
184.108.40.206.2. Credit Card: You own a valid credit card and/or visa debit, which shall be used to pay for the services, if purchased. The credit and/or debit card is under your name.
220.127.116.11.3. Owner of the Domain: You are the owner of the domain name which was used to register your account at Enggage, and no other third party has made any claims in regards to ownership of such domain and/or trade name.
18.104.22.168. No Enemy State: You do not reside in any proscribed state nor in any state that is embargoed by the United States department of commerce or any applicable law.
22.214.171.124. Solvency: You are solvent and have not filed for bankruptcy, liquidation, debt arrangement or otherwise lost your ability into entering into agreements such as these terms.
126.96.36.199. Previously Blocked: You were not previously blocked by Enggage from having an account.
1.1.2. Users: If you are a user, then you hereby warrant the following:
188.8.131.52. Age: You are over 18 years of age, or if you are a corporation, the corporation is valid and allowed to enter into this agreement. If you are under 18 and over 13, you obtained your parents consent to these terms of service. If you’re under 13, don’t use the Enggage service.
184.108.40.206. Position: You hold a position in the entity which own the Enggage account or you are invited by some Administrator.
220.127.116.11. Email Address: You hold and manage a valid email address.
1.2. Administrative Tasks: If you are the account’s administrator, you may perform the following tasks which shall apply to the entire account:
1.2.1. Moderate Content: You may, according to the service’s functionality, moderate content created by other users in your account.
1.2.2. Invite: You may, according to the service’s functionality, invite other users, which may or may not be employees of your entity, as guests and/or users to your account.
1.2.3. Manage the Look and Feel: You may manage, according to the service’s functionality, the look and feel of your account.
1.2.4. API: You may access, according to the specifications set forth by Enggage, the Application Programming Interface (API) and perform several automated tasks.
1.2.5. Administer the Service: You may administer, according to the service’s functionality, the accounts and services.
1.3. Members: If you are a member, then you may, according to the service’s functionality, perform the following activities:
1.3.1. Post Content: You may post content and interact with other users’ content, such as text, images, videos, polls and other content types as available through the service’s functionality.
1.3.2. View Information: You may view content posted by other users, as well as your content. Provided, however, that such viewing is not restricted by the other users and/or the administrators.
1.4. Securing Your Account: When registering to the services, you shall be required to provide Enggage with some information, and Enggage may request to access additional information.
1.4.1. Strong Password: Due to the sensitivity of information stored on your behalf on service and the potential risk if it is exposed, you are required to use a strong password. If you don’t know how to choose a strong password, then don’t use any of the following: (i) your name with “123” added; (2) your phone number, or any other number; (iii) any word which appears in the dictionary; (iv) anything like “password1234” or “q1w2e3r4t5y6” even if it is a mix of name and numbers. A good password is something that is easy to remember but hard to guess; things like “It1was2a3moonlit4night5in6old7Mexico” is a great password.
1.4.2. don’t Share Login Details: Please do not allow others to use your account. You are required to inform Enggage, immediately, upon any case where you believe that your account was breached and in any case you are in knowledge of any unauthorized use of any Enggage account. Such notification shall be by email to support@Enggage.com.
1.4.3. If You Forgot Your Password: don’t worry! Should you forget your password you can request or replace it by pressing the “forgot password” link.
1.5. Reclaiming Your Domain: If, by any chance, some other person claimed your domain name, let Enggage know, and it can assist you in reclaiming a domain which was falsely used by other people.
2. The Services: Enggage provides the following services as a part of the “service” and or “services”; where these Terms refer to the term “Services” and/or “Service” they refer to the services provided under this agreement and defined in this article. It may add other services and functionality and/or modify some of the services according to future decisions. However, material changes in the service shall be posted.
2.1. Communication: Enggage’s main service is the creation and post of messages sent through push notifications (ande mail in some cases) to segments os users. You may share different content through those messages, such as text, images, audio, video or other types of content.
2.2. Invite Others: You can invite other people to join Enggage, if they are working and/or engaged by your corporation.
2.3. Audit Tools: If you are an administrator, Enggage may provide you with tools to manage your account and view reports of activities performed.
2.4. Branding: If you are the administrator of the account, Enggage may allow you to brand and design your account.
2.5. Intellectual Property Rights: Enggage retains all applicable intellectual property rights, as well as other rights, in the service. Your use of the services does not grant you any title or right in the services which is not specified in these terms. It is anticipated that You may provide suggestions, comments or other feedback to the Enggage Service (“Feedback”). Feedback shall be deemed the sole property of Enggage. Without derogating from the above, Enggage will be free to adopt such Feedback for any of its products or services, use it in any other manner, disclose, reproduce, license or otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. You and Your organization hereby waive any right to the Feedback, including but limited to, any right for royalties or any other consideration.
3. Support: Enggage provides you with various means of support. The support itself is provided by Enggage’s trained staff and includes the following support services:
3.1. Internal Manuals: Enggage shall avail you to internal manuals written by its experts who provide instruction for most of your needs: from basic setup and use to the most detailed advanced uses.
3.2. Videos: Enggage shall avail you to videos which include audiovisual instruction material.
3.3. Phone & Email Support: Enggage shall also provide you support through phone and email. Such support shall be provided in Enggage’s regular business hours. Enggage’s support shall assist you in any service related question and shall also provide you with workthroughs in the service. In any case of service malfunction, Enggage’s support shall also attempt to resolve the malfunction in a timely manner.
3.4. User Generated Support: Enggage may allow you to provide other users with support through its on-line forums and/or methods. Enggage does not endorse, nor does it warrant, for any user generated support.
3.5. Restrictions. You shall not: (i) copy, distribute or modify any part of the Enggage service without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (as defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Enggage service; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Enggage service; and/or (v) disable or otherwise interfere with security-related features of the Enggage service or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Enggage service.
4. Content Policy: By either providing Enggage with visual, textual, audiovisual, or other material or by using Enggage’s Service to create content, You hereby accept Enggage’s User Generated Content Policy as set forth. You acknowledge that any violation of the User Generated Content Policy may cause termination of Your service, removal of your content and legal action by both Enggage and the person whose rights were infringed.
4.1. What is “Content”? For the purpose of this policy, the term Content shall refer to: (i) images and/or text and/or videos used in creating content through the service, as well as comments; (ii) images or videos retrieved from 3rd parties in such items; (iii) description, text and information processed through Service; (iv) submissions made through Service.
4.2. Guidelines: You hereby warrant that Your Content is not offensive in any way and without derogating from the generality above you further warrant the following:
4.2.1. Intellectual Property Infringing: Your Content does not infringe any 3rd party copyright, design, patent, trademark, trade secrets or any other intellectual property rights.
4.2.2. Pornography: Your Content does not contain any text, image or depiction including nudity, profanity, sexual activity, sexual innuendos, sexually offensive or otherwise obscene.
4.2.3. Slanderous: Your Content does not slander, defame or otherwise harm the good name of others.
4.2.4. Hate Speech and Racism: Your Content does not include any hate speech or racist opinions, as well as does not incite others to violent acts against persons solely based on their inclusion in a specific group.
4.2.5. Scams: Your Content is not used to initiate or encourage any participation in a scam, market manipulation, pyramid scheme, religion, alcoholics anonymous meetings, cults, phishing or otherwise any use which may be used to extract goods and/or money from others, including any virtual property.
4.3. License: You hereby warrant that you are the sole owner and proprietor of any content you distribute through the service. For the service, You hereby grant Enggage license to use your Content to provide other users within your organization, or those invited from outside the organization by you, with the Services. It does not mean that Enggage may publish it publicly, it means that Enggage can provide others, inside your organization, with the contents of your post.
4.4. Warranty: You hereby warrant that you are either the sole proprietor or a designated licensee of any content you post through the service and that no other party’s rights are infringed or violated by your use of the content and the Service. You moreover warrant that no legal claim, dispute or lawsuit was filed against you or threatened against you for publishing content through the Service.
4.5. Administration and Policy: It is Enggage’s policy that each administrator is the sole person in charge of moderating users’ content. This means that your account may be moderated by the administrators, and that they may remove content you provided. In extreme cases, if Enggage receives a 3rd party notice about content which is in violation of this policy, it shall act according to applicable laws and moderate and/or remove said content. Please note that if Enggage shall find repeat violations of this policy, it may block your account permanently. Notwithstanding the above, it is hereby clarified that Enggage shall not monitor and/or moderate your Content or other users’ content and there shall be no claim against Enggage of not acting so.
5. Fees: In consideration for its services, Enggage may charge you fees as detailed in its website.
5.1. Trial Period: During the trial period, you will not be charged. Following it, however, Enggage may suspend your account or may choose, according to its sole discretion, to re-allow you to enter into a trial period.
5.2. Payments: The payments made to Enggage shall be made on a recurring basis, and shall be changed in accordance to your usage of the service.
5.3. Automated Upgrades: Should your use of the service be in excess of your purchased package, for example by adding users and/or accounts, your payment shall be recalculated according to the time remaining in your outstanding balance and the addition shall be charged on your next billing cycle.
5.4. Downgrades: Should you require to downgrade your account, you should contact Enggage and it may change your package.
5.5. Storing Your Credit Card: As Enggage uses 3rd party services to provide billing services, it may store your credit card information at such party’s premises. Enggage shall only use 3rd party services who are compliant with professional standards and the law.
5.6. Refunds: as Enggage provides you with tailored services, you are not entitled for any refunds under applicable laws. However, Enggage may refund you according to its sole discretion.
5.7. Sponsorship and special projects: in exchange for sponsorships and other services, Enggage’s fees can be reduced or waived for a limited period of time. Following it, however, Enggage may suspend your account or may choose, according to its sole discretion, to extend service availability.
6.1. Information Enggage Collects: Enggage collects some information, both personally identifiable and non-personally identifiable, according to the following criteria:
6.1.1. Information You Provide Enggage: Enggage may retain information you voluntarily provide it, such as your name, email address, profile photo, and other information you submit through the services.
6.1.2. Information Enggage Collects Through Your Use of the Services: Enggage may also retain information it gathers through your use of the services such as your device’s type, browser type, screen resolution, operating system, system preferences, the pages you viewed, the content you submitted and other information it collects through your use of the services, which may be personally identifiable.
6.2. How Does Enggage Use The Information? Enggage uses your personally identifiable information to provide you with the services, such as to let other users to view your content and contact information. Enggage also uses aggregated, non-personally-identifiable information to provide improvement in the services and to perform random tests for additional features. Enggage shares your information inside your organization, and may share information with third parties you requested it to share through its API and/or third party applications.
6.3. Your Privacy Settings: Enggage uses some third party services to provide with parts of the services and therefore shall make best efforts to comply with all privacy settings set in your account. However, as your information travels through various networks and servers, Enggage cannot ensure that it shall remain private at all times.
6.4. Who Has Access To Your Information? Enggage uses selected third parties to provide you with the service, and shall share some information with them, under strict confidentiality obligations, to provide you with the services. Such service providers shall include Amazon AWS Cloud Platform, Sendgrid, App Store and Google Play. Moreover, Enggage’s employees and agents, who are under the most strict confidentiality obligations, also have monitored access to some of your information. Enggage’s employees undergo casual and routine monitoring. Lastly, your information will be shared with people you specifically ask to share.
6.5. How Is Your Information Secured? Your information is secured in Enggage’s servers, which is secured under industry standards. Enggage also performs occasional penetration tests, to make sure your information is secure.
6.6. How Can You Review Your Information? You can review all your information using Enggage’s web panel.
6.7. How Can You Remove Your Information? Should you request to remove your account, please contact Enggage at email@example.com.
6.8. Can Enggage Contact You? Enggage may send you periodic updates regarding the service, your use and other information relating to the service as well as promotional messages. You can opt-out of these messages at any time.
6.9. What Can You Do If You Feel That Your Privacy Was Violated? If you feel your privacy was compromised, you can contact Enggage’s privacy officer at firstname.lastname@example.org and request that he’ll review your complaint.
7. Indemnification: Your organization and you hereby warrant and agree to hold Enggage harmless and to indemnify Enggage for any damage, loss, expense, legal expense or cost incurred as a result of (i) your use of the services in direct violation of these terms, including any false representation; OR (ii) any claim, complaint or notification filed maliciously or negligently against any Enggage or other Enggage user where no such claim had any legal standing.
8. Warranty: ENGGAGE DOES NOT WARRANT FOR SERVICE AND SUPPLIES IT ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF SERVICE IS AT YOUR OWN RISK AND UNDER YOUR LIABILITY. ENGGAGE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS AND (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE AND (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
9. Liability: FOR NO CASE AND FOR NO REASON SHALL ENGGAGE BE HELD LIABLE FOR ANY DAMAGE, DIRECT OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PHYSICAL OR SPECIAL, TO YOU, ANY OTHER USER OR ANY 3RD PARTY DUE TO ITS MISPERFORMANCE OF DUTIES HEREIN. ENGGAGE PROVIDES SERVICE ON AN AS-IS BASIS AND SHALL NOT BE HELD LIABLE, TO THE EXTENT PERMITTED BY LAW, BY ANY CASE OF MISCONDUCT, NEGLIGENCE, GROSS NEGLIGENCE, MALICE OR ANY OTHER MEAN, TO ANY DAMAGES OR LOSS OF PROPERTY, VIRTUAL PROPERTY, REPUTATION AND BUSINESS REPUTATION, USER ACCOUNT INFORMATION INCLUDING LOGIN INFORMATION, LOSS OF PROFIT, LOSS OF GOOD NAME, ALL RESULTING FROM THE USE OR INABILITY TO USE ENGGAGE’S SERVICES. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATION OF LIABILITY. IN SUCH CASE, THEN ENGGAGE’S LIABILITY SHALL BE LIMITED SOLELY TO THE SUMS PAID BY YOU TO ENGGAGE DURING THE 6 MONTHS PRIOR THE EVENT CAUSING THE DAMAGE. YOU ACKNOWLEDGE THAT THIS DISCLAIMER OF LIABILITY WAS A MATERIAL PART OF ENGGAGE’S TERMS AND THAT IF ENGGAGE WOULD HAVE BEEN REQUIRED TO BE LIABLE FOR SOME PART OF THE SERVICE AND/OR TO PROVIDE ANY WARRANTIES, THEN THE FEES SET FORTH IN THIS AGREEMENT WOULD HAVE BEEN MATERIALLY AND SIGNIFICANTLY HIGHER. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU AFTER THE EARLIER OF (A) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN, OR (B) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.
10. Amending these terms: Enggage may amend these terms from time to time, provided that the administrator of your organization shall be informed by electronic mail upon such change. Such changes shall not come into effect until at least 14 days following the amendment and shall not have any retroactive effect on your rights. If you are the Administrator, you should notify all the users in your organization immediately upon any change that you will be informed on.
11. Terminating Your Service: Enggage shall have the right to terminate your use of the Enggage Service or to terminate the Enggage Service at any time and by providing you, or the entirety of users, a 7 day prior notice. Notwithstanding, Enggage may terminate your use of the Enggage service at any time and without prior written notice in any case where it believes that you breached these terms and such breach may cause Enggage irreparable harm unless your account is terminated immediately. Upon termination of these terms, you shall cease all use of the Enggage services. The Content shall be available for you for thirty (30) days following the termination of the Enggage Service and thereafter may be deleted by Enggage.
12. Survival: Upon termination of these Terms of Service, the stipulations relating to limitation of user generated content, liability, warranty, indemnification, governing law and jurisdiction shall survive.
13. Third Party Advertisements: Enggage’s services may contain advertisements made by third parties. Enggage is not affiliated to, nor it endorses, these ads.
14. Assignment: You may not assign any of your rights and/or obligations under these terms to any third party. Enggage may assign its rights and obligations under these terms, by providing you with a 30 day written notification.
15. Governing Law, Jurisdiction: The laws of the state of Israel shall govern your use of the Services and these Terms of Service. Any dispute arising between Enggage and yourself shall solely be brought to the competent courts of the Tel-Aviv District. You hereby agree and acknowledge that you may only bring claims against Enggage on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.