ENGAGEDAI Terms of Service

Acceptance of Terms

Important, read carefully: by creating an account or by utilizing the ENGAGEDAI website you agree to be bound by these terms and conditions.

These Terms of Service are between SocialMiningAI, Inc. d/b/a ENGAGEDAI and its subsidiaries and affiliates (collectively, "ENGAGEDAI," "we," "us," or "our") and govern your access and/or use of our website (https://engagedai.io), including its related applications, dashboards, platforms, and mobile app (the "Website"). By accessing or using the Website or Services, or by signing or clicking to accept these terms or any document referencing these terms, you agree to be bound by the following terms and conditions (together, these "Terms," or this "Agreement").

This Agreement includes and incorporates by reference any Subscription Documents executed between you and ENGAGEDAI, as well as any policies or exhibits linked to or referenced therein. Our Privacy Policy describes how we handle the information you provide when you use the Service.

1. Definitions

"Confidential Information" means code, inventions, know-how, product plans, technical, financial, business, operational or other information exchanged under this Agreement or learned during performance, or that is identified as confidential at the time of disclosure or should reasonably be considered confidential.

"Law(s)" means all applicable local, state, federal and international laws, rules and regulations including, but not limited to, the Federal Trade Commission's Telemarketing Sales Rule, the Telephone Consumer Protection Act of 1991 ("TCPA"), the Health Insurance Portability and Accountability Act of 1996, the Gramm-Leach-Bliley Act of 1999, the CAN-SPAM Act, Do Not Call rules, Canada's Anti-Spam Legislation ("CASL"), the Australian Consumer Law, the AU Privacy Act 1998, and the AU Spam Act 2023.

"Territory" means the United States, Canada, and Australia, unless otherwise set forth in the Customer's Subscription Documents.

2. Services

ENGAGEDAI provides a proprietary multi-product platform including, without limitation, appointment processing and CRM integration, reputation management tools ("Reviews" and "Feedback"), messaging and communication tools ("Inbox," "Webchat," "Automations," "Phones" and "Campaigns"), SocialMining, and any other services ENGAGEDAI may offer (together with the Website, the "Services"). Customer enters into Subscription Documents that reference this Agreement and detail the Services ordered and any Scope of Use.

ENGAGEDAI reserves the right to modify or discontinue the Service at any time. We use reasonable efforts to maintain the Services and minimize errors and interruptions; Services may be temporarily unavailable for scheduled or emergency maintenance.

3. User Rights and Restrictions

Subject to compliance with this Agreement and payment of all fees, ENGAGEDAI grants the Customer a non-exclusive, non-sublicensable, non-transferable right to access and use the Service solely for Customer's internal business purposes.

General Restrictions

You may not sell, resell, distribute, host, lease, rent, license or sublicense the Service; reverse engineer or attempt to derive its source code; build a competitive product; send material containing harmful code; interfere with Service integrity; attempt unauthorized access; or obscure proprietary rights notices.

Authorized Users

Customer is responsible and liable for all Authorized Users' use and access and their compliance with this Agreement. Each Authorized User must be over 18, must not have been previously suspended, and must comply with all Laws when using the Services.