engageIQx Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the websites, products, and services provided by engageIQx (“engageIQx,” “we,” “us,” or “our”), including engageiqx.com and any related software-as-a-service offerings (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization and “you” refers to both you and that organization. If you do not agree to these Terms, do not access or use the Services.
1. Eligibility & Accounts
You may use the Services only if you are at least the age of majority in your jurisdiction and legally capable of entering into a binding contract. You must provide accurate and complete information when creating an account and keep that information up to date.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us promptly of any unauthorized access to or use of your account.
2. Access to the Services
Subject to these Terms and any applicable order form or subscription agreement between engageIQx and your organization (each, an “Order”), we grant you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services for your internal business purposes.
We may modify, suspend, or discontinue the Services (or any part of them) at any time, with or without notice, provided that we will use commercially reasonable efforts to avoid materially degrading the core functionality of paid subscriptions during the applicable subscription term.
3. Customer Data & Privacy
“Customer Data” means any data, content, or other information that you or your organization submits to the Services or that is imported from your systems or third-party tools at your direction.
As between you and engageIQx, you retain all rights to Customer Data. You grant engageIQx a non-exclusive, worldwide, royalty-free license to host, use, process, transmit, and display Customer Data as reasonably necessary to provide, maintain, and improve the Services and as otherwise described in these Terms and our Privacy Policy.
engageIQx will implement technical and organizational measures designed to protect Customer Data, and will handle personal information in accordance with our Privacy Policy and any data protection agreement in place with your organization.
4. Acceptable Use
You agree not to, and not to allow others to, misuse the Services. For example, you will not:
- Use the Services in violation of any applicable law or regulation;
- Upload or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable;
- Attempt to gain unauthorized access to the Services or related systems or networks;
- Interfere with or disrupt the integrity or performance of the Services;
- Reverse engineer, decompile, or attempt to extract source code from the Services except to the extent allowed by law;
- Use the Services to develop or train competing products or services;
- Resell, sublicense, or share access to the Services with any third party except as expressly permitted in an Order.
5. Fees & Payment
If you purchase a paid subscription, you agree to pay all fees specified in the applicable Order. Unless otherwise stated in the Order, fees are:
- Invoiced in advance of the subscription term;
- Due within the payment period stated on the invoice; and
- Non-refundable, except as expressly provided in these Terms or the Order.
You are responsible for all taxes, duties, and similar governmental charges associated with your use of the Services, other than taxes based on engageIQx’s net income.
6. Intellectual Property
engageIQx and its licensors retain all right, title, and interest in and to the Services, including all software, technology, algorithms, models, user interfaces, designs, and documentation, and all related intellectual property rights. These Terms do not grant you any ownership interest in the Services.
You may not remove or alter any proprietary notices on or within the Services. Any rights not expressly granted in these Terms are reserved by engageIQx.
7. Feedback
If you provide suggestions, ideas, or feedback about the Services (“Feedback”), you grant engageIQx a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback for any purpose, including to improve and develop products and services, without any obligation or compensation to you.
8. Third-Party Services
The Services may enable you to connect to or use third-party products or services (such as CRM platforms, HR systems, contact center tools, incentive and reward platforms, or other integrations). Your use of any third-party services is subject to that provider’s terms, not these Terms. engageIQx is not responsible for third-party services or for any data exchanged between you and such services.
9. Warranties & Disclaimers
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, engageIQx disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, or secure, or that the Services will meet your requirements or produce any particular business outcome or result.
10. Limitation of Liability
To the fullest extent permitted by law, in no event will engageIQx be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or related to your use of or inability to use the Services, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, engageIQx’s total aggregate liability arising out of or related to these Terms or the Services will not exceed the amount paid by you or your organization for the Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless engageIQx and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) Customer Data; or (c) your violation of these Terms or applicable law.
12. Termination
Either party may terminate access to the Services if the other party materially breaches these Terms and does not cure the breach within a reasonable cure period (if applicable) after receiving written notice. We may also suspend or terminate your access immediately if we reasonably believe that your use of the Services poses a security risk, violates applicable law, or could subject us or others to liability.
Upon termination or expiration of your subscription, your right to access and use the Services will cease. We will handle Customer Data in accordance with our standard data retention practices and any applicable agreement with your organization.
13. Governing Law & Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or the Services will be resolved in the state or federal courts located in [County, State], and each party consents to the personal jurisdiction of such courts.
14. Changes to These Terms
We may update these Terms from time to time. When we make changes, we will update the “Last Updated” date at the top of this page and, where appropriate, provide additional notice (such as by email or in-app notification). Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the changes.
15. General
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. You may not assign or transfer these Terms without our prior written consent. engageIQx may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
16. Contact Us
If you have any questions about these Terms, please contact us at:
engageIQx – Legal
Email: team@engageiqx.com