Terms & Conditions

1. Agreement to Terms

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and CapEngage Technology Solutions Private Limited ("CapEngage," "we," "us," or "our"). By accessing or using our AI-powered workflow automation platform, SaaS services, and related products (collectively, the "Services"), you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use our Services. Please read these Terms carefully before using our platform.

2. Acceptance of Terms

You accept these Terms by:

• Creating an account on our platform
• Using or accessing our Services
• Purchasing subscriptions or credits
• Integrating third-party applications with our platform
• Clicking "Accept" or similar confirmation during signup

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Description of Services

CapEngage provides an AI-powered workflow automation platform that includes:

• Omni-channel Communication: WhatsApp, Email, SMS, and push notification automation
• AI Agents: Intelligent automation agents for customer engagement and support
• CRM Integration: Customer relationship management and data synchronization
• Workflow Automation: No-code workflow builder and process automation
• API Access: RESTful APIs for custom integrations and developer access
• Analytics & Reporting: Real-time analytics, insights, and performance metrics
• Third-party Integrations: Integration with popular SaaS applications and services

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

4. User Accounts and Registration

4.1 Account Creation

To use certain features of our Services, you must create an account. You agree to:

• Provide accurate, complete, and current information during registration
• Maintain and update your account information as needed
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

4.2 Account Eligibility

You must be at least 16 years old to create an account. By creating an account, you represent and warrant that you meet this age requirement. If you are under 18, you may only use our Services with the consent of a parent or legal guardian.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, abuse of our Services, or any other reason at our sole discretion.

5. Subscription Plans and Billing

5.1 Subscription Plans

We offer various subscription plans with different features, limits, and pricing. Current plans include:

• Free Tier: Limited access with feature restrictions and usage limits
• Starter Plan: Basic features with monthly/annual billing
• Professional Plan: Advanced features with higher limits
• Enterprise Plan: Custom solutions with dedicated support

5.2 Credit System

Certain services operate on a credit-based system:

• Credits are consumed based on usage (messages sent, API calls, AI processing)
• Credit rates vary by service type and destination
• Purchased credits are non-refundable unless required by law
• Credits expire according to the terms of your subscription plan

5.3 Payment Terms

By subscribing to our Services, you agree to:

• Pay all fees associated with your chosen subscription plan
• Provide accurate billing information
• Authorize automatic recurring charges for monthly/annual subscriptions
• Pay any applicable taxes, fees, or surcharges

5.4 Free Trials

Free trial periods are available for certain plans. Trial periods are limited to one per customer. If you do not cancel before the trial ends, you will be automatically charged for the subscription at the then-current rate.

6. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Send unsolicited commercial messages (spam) or marketing communications
• Use our Services for harassment, abuse, or threatening behavior
• Transmit content that is illegal, harmful, obscene, or offensive
• Violate any applicable laws, regulations, or third-party rights
• Attempt to circumvent security measures or exploit vulnerabilities
• Use our Services to create deepfakes, misinformation, or deceptive content
• Scrape, harvest, or collect data without proper authorization
• Reverse engineer, decompile, or attempt to derive source code
• Use our Services to compete with CapEngage or disrupt our operations
• Exceed usage limits or engage in abusive consumption of resources

We reserve the right to investigate and take appropriate action against any user who violates these restrictions.

7. Communication Services

7.1 WhatsApp Business API

When using our WhatsApp integration, you must comply with Meta's WhatsApp Business Policy and Commerce Policy, including:

• Obtain proper opt-in consent before sending messages
• Honor message templates and formatting requirements
• Respect message quality and response time requirements
• Allow users to opt-out of communications

7.2 Email Services

Email communications must comply with anti-spam laws including CAN-SPAM Act, GDPR, and local regulations. You must:

• Include accurate sender information and physical address
• Provide clear opt-out mechanisms in every email
• Honor unsubscribe requests promptly
• Use only consented email lists

7.3 SMS Services

SMS messaging must comply with TCPA and local regulations. You must obtain express written consent before sending marketing SMS messages and honor opt-out requests.

8. AI Services and Automation

Our AI-powered features are provided "as is" and may produce errors or inaccuracies. You acknowledge that:

• AI-generated content should be reviewed before use
• AI recommendations are not professional advice
• You are responsible for all AI-generated communications sent through our platform
• AI training data may be anonymized and used to improve our services
• We do not guarantee AI outputs will be error-free or suitable for all purposes

9. Intellectual Property Rights

9.1 CapEngage Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, code, and designs, are the exclusive property of CapEngage and protected by intellectual property laws.

9.2 Your Content

You retain ownership of content you upload or create through our Services. By using our Services, you grant us a license to:

• Store, process, and transmit your content as necessary to provide the Services
• Create backup copies for operational purposes
• Analyze anonymized data to improve our Services

You represent and warrant that you have all necessary rights to upload and use your content through our Services.

10. Third-Party Integrations

Our Services integrate with third-party applications and APIs. You acknowledge that:

• Third-party services are subject to their own terms and privacy policies
• We are not responsible for third-party service availability or functionality
• You must comply with third-party terms when using their services through our platform
• Third-party integrations may require separate accounts or subscriptions

11. Service Availability and Uptime

We strive to maintain high availability but do not guarantee uninterrupted service. Our Services may be temporarily unavailable for:

• Scheduled maintenance and updates
• Emergency repairs and security updates
• Third-party service outages
• Force majeure events beyond our control

We will provide advance notice for scheduled maintenance when possible. Our target uptime is 99.9% excluding scheduled maintenance.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAPENGAGE SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, business opportunities, or goodwill
• Damages resulting from service interruptions, errors, or delays
• Damages from third-party actions or services
• Damages exceeding the amount you paid to CapEngage in the 12 months preceding the claim

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

13. Indemnification

You agree to indemnify, defend, and hold harmless CapEngage and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload or transmit through our Services

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

• Accessing account settings and selecting "Cancel Subscription"
• Contacting our support team at support@capengage.com

14.2 Termination by CapEngage

We may terminate or suspend your account immediately if:

• You violate these Terms
• You engage in fraudulent or abusive activity
• Your payment method is declined or invalid
• We reasonably believe termination is necessary to protect our Services or users

14.3 Effect of Termination

Upon termination, your right to use the Services will cease immediately. We will delete your data according to our data retention policy. You will remain responsible for all charges incurred prior to termination.

15. Dispute Resolution

Any disputes arising from these Terms shall be governed by the laws of India. You agree to submit to the exclusive jurisdiction of the courts in Raigad, Maharashtra, India for resolution of any disputes.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or prominent notice on our platform. Continued use of our Services after modifications constitutes acceptance of the updated Terms.