1. Introduction

These Terms of Service (“Terms”) govern access to and use of AiEngage CRM’s websites, software, mobile applications, APIs, CRM, AI functionality, communication tools, integrations and related services (“Services”).

By creating an account, accepting an order form, purchasing a subscription, accessing or using the Services, you agree to these Terms.

If you use AiEngage CRM on behalf of a company or other organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, do not use the Services.

Electronic contracts and electronic records are recognized under India’s Information Technology Act, 2000, including provisions concerning electronic records and contracts formed electronically.

2. AiEngage CRM Services

AiEngage is an AI-powered customer relationship management and business automation platform.

Services may include:

CRM
Lead management
Sales pipelines
Meta/Google lead integrations
WhatsApp communication
Email communication
SMS
Voice calling
Call recording where enabled
AI calling
AI agents
AI-powered conversations
Lead qualification
Meeting scheduling
Workflow automation
Customer segmentation
Marketing automation
Analytics
Reporting
Integrations
APIs
Other related functionality

Features may vary by plan, country, integration and availability.

3. Account Responsibility

Customers are responsible for:

Providing accurate account information;
Maintaining account security;
Protecting passwords and credentials;
Configuring appropriate employee permissions;
Removing access when employees leave;
All activity conducted through authorized accounts; and
Immediately notifying AiEngage of suspected unauthorized access.

Customers must not share accounts in ways prohibited by their subscription.

4. Subscription, Billing & Payment

Customers agree to pay all subscription, onboarding, implementation, usage and other charges specified in their applicable plan, quotation or order form.

Unless otherwise stated:

Fees exclude applicable taxes.
Subscription fees are payable in advance.
Usage charges may be billed in arrears.
Setup and implementation fees are non-refundable after work begins.
Third-party communication charges may be billed separately.
Failure to pay may result in suspension.

5. Usage-Based Charges

WhatsApp, SMS, voice calls, email delivery, AI models, storage and other features may incur usage charges.

Third-party providers may modify their pricing.

AiEngage may consequently modify corresponding usage pricing without being responsible for third-party price changes.

6. Renewals and Cancellation

Subscriptions may renew automatically according to the applicable order form or billing arrangement.

Cancellation prevents future renewal but does not ordinarily entitle the Customer to refunds for periods already purchased.

7. Customer Data

As between AiEngage and Customer, Customer retains its rights in data uploaded to the platform.

Customer authorizes AiEngage and its subprocessors to process Customer Data as necessary to:

Provide Services;
Execute automations;
Deliver communications;
Provide AI functionality;
Maintain security;
Prevent abuse;
Troubleshoot;
Provide support;
Maintain and improve reliability; and
Comply with law.

8. Customer’s Legal Responsibility

Customer represents that it has a lawful basis and all required rights, notices, permissions and consents necessary to collect and process Customer Data and use AiEngage to communicate with individuals.

AiEngage provides technology. The Customer determines whom to contact, why to contact them, what to communicate and which workflows to activate.

9. Communication Compliance

Customers using WhatsApp, calling, SMS, email or similar communication functionality must comply with all applicable:

Privacy laws;
Telecom regulations;
Anti-spam laws;
DND/UCC requirements;
Consent requirements;
Marketing regulations;
Platform policies; and
Industry-specific regulations.

TRAI currently requires commercial senders to satisfy applicable sender/Principal Entity registration, header, content-template and consent requirements.

10. AI Services

AI-generated content can be inaccurate, incomplete or inappropriate.

Customers must independently review AI outputs where appropriate, particularly before using them for consequential decisions.

AiEngage does not guarantee the accuracy of:

AI responses;
AI summaries;
AI qualification;
AI recommendations;
AI-generated content;
Transcriptions;
Sentiment analysis; or
Automated classifications.

11. Third-Party Services

AiEngage may connect with Meta, WhatsApp, Google, telecom providers, email providers, AI providers, cloud infrastructure and other third parties.

AiEngage is not responsible for third-party:

Downtime;
API changes;
Account suspensions;
Policy changes;
Price changes;
Data availability;
Feature removals; or
Service interruptions.

12. No Guaranteed Results

AiEngage does not guarantee:

Revenue;
Leads;
Conversions;
ROI;
Appointments;
Site visits;
Sales;
Customer retention; or
Business growth.

Case studies and performance metrics are illustrative and not guarantees.

13. Prohibited Uses

Customers may not use AiEngage for fraud, phishing, spam, harassment, unlawful surveillance, illegal goods/services, unauthorized databases, malware, impersonation, intellectual-property infringement or unlawful automated communication.

AiEngage may suspend accounts where it reasonably believes abuse or legal risk exists.

14. Intellectual Property

AiEngage retains all rights in its:

Software;
APIs;
Designs;
Branding;
AI workflows;
Algorithms;
Documentation;
Platform architecture; and
Proprietary technology.

No ownership is transferred through a subscription.

15. Confidentiality

Each party will reasonably protect non-public confidential information received from the other and use it only for purposes connected with the Services.

16. Service Availability

AiEngage aims to provide reliable service but does not guarantee uninterrupted availability unless expressly stated in a separate SLA.

Maintenance, security events, internet failures and third-party outages may temporarily affect availability.

17. Suspension

AiEngage may suspend Services for:

Non-payment;
Spam;
Security threats;
Fraud;
Abuse;
Legal requirements;
Third-party policy violations; or
Material violation of these Terms.

18. Termination and Data

Upon termination, access to the platform may cease and active automations may stop.

Customers are responsible for exporting required information before termination.

AiEngage may delete Customer Data according to its applicable retention schedule, contractual commitments and legal requirements.

19. Disclaimer

To the maximum extent permitted by law, Services are provided “as is” and “as available.”

AiEngage disclaims implied warranties to the extent legally permitted.

20. Limitation of Liability

To the maximum extent permitted by applicable law, AiEngage shall not be liable for indirect, incidental, consequential, exemplary, special or punitive damages, or loss of profits, revenue, goodwill, customers, opportunities or data.

Unless otherwise agreed in writing, AiEngage’s aggregate liability relating to the Services shall not exceed the amount actually paid to AiEngage for the affected Services during the three months preceding the event giving rise to the claim.

21. Indemnity

Customer agrees, to the extent permitted by law, to indemnify AiEngage against third-party claims arising from Customer’s:

Unlawful communications;
Spam;
Customer Data;
Products/services;
Lack of consent;
Violation of law;
Violation of platform policies; or
Infringement of third-party rights.

22. Governing Law

These Terms are governed by Indian law.

Subject to applicable mandatory law and any separately agreed dispute-resolution procedure, courts in Indore, Madhya Pradesh shall have jurisdiction.

23. Enterprise Agreements

A signed MSA, DPA, SLA or Order Form may modify these Terms.

Where a signed agreement expressly conflicts with these Terms, the signed agreement controls regarding that conflict.