Terms and Conditions

These Terms and Conditions ("Agreement") govern your use of the website, platform, and services provided by Engage Flow ("Company", "We", "Us", "Our"), a marketing agency based in Maryland, USA. By accessing or using our website, services, and/or products (collectively, "Services"), you ("Client", "You", "User") agree to comply with and be bound by these Terms and Conditions.If you do not agree to these Terms and Conditions, you are prohibited from using our Services. Please read this Agreement carefully before proceeding.

1. Acceptance of Terms

1.1 Agreement: By using the Services, you agree to be bound by these Terms and Conditions, including any amendments or modifications. This Agreement also incorporates by reference any other applicable policies, including our Privacy Policy, which can be accessed on our website.1.2 Modifications: Engage Flow reserves the right, in its sole discretion, to modify, update, or revise this Agreement at any time. Any such changes will be effective immediately upon posting on our website, with the updated "Effective Date" indicated above. Your continued use of the Services constitutes acceptance of the modified Agreement.

2. Services Provided

2.1 Engage Flow offers a variety of digital marketing, advertising, automation, and analytics services, including but not limited to lead generation, campaign management, customer relationship management (CRM) systems, email automation, client engagement tools, and related services (collectively, "Services").2.2 We reserve the right to alter, suspend, or discontinue any aspect of the Services at our sole discretion, without prior notice to you. We are not liable for any interruptions, errors, or outages of the Services.

3. Eligibility

3.1 You must be at least 18 years of age or the legal age of majority in your jurisdiction to use the Services. By using the Services, you represent and warrant that you are at least 18 years old.3.2 Engage Flow reserves the right, at its sole discretion, to refuse service to anyone, for any reason, at any time.

4. Account Registration

4.1 Account Creation: To access certain features of the Services, you may be required to create an account ("Account") on our platform. You agree to provide accurate, complete, and up-to-date information during the registration process.4.2 Account Security: You are responsible for maintaining the confidentiality of your Account credentials (including username and password) and for all activities that occur under your Account. You agree to notify Engage Flow immediately if you suspect any unauthorized access or security breaches related to your Account.4.3 Responsibility: You agree to use the Services only for lawful purposes and in accordance with this Agreement. You shall be solely responsible for any activity that occurs through your Account.

5. Payment Terms

5.1 Fees: You agree to pay all fees associated with the use of the Services, as outlined on our website or in any separate agreement you enter into with Engage Flow. Fees may include charges for subscription services, transaction fees, or any additional services that are requested and provided.5.2 Payment Methods: You authorize Engage Flow to collect payment information, including credit card or other payment methods, and charge you for all applicable Fees associated with the use of the Services. All payments must be made in U.S. dollars unless otherwise specified.5.3 Billing Cycle and Payment Due: The payment cycle for the Services is typically billed on a monthly, quarterly, or annual basis, as indicated at the time of purchase. Payments are due in advance of the Service period, unless otherwise agreed upon.5.4 Late Payments: If any payment is not received by the due date, Engage Flow reserves the right to charge late fees and interest, at the rate of 1.5% per month or the maximum rate allowed by law. If payments are not made in accordance with the billing terms, we may suspend or terminate access to the Services.5.5 Refunds: All payments made for the Services are non-refundable unless otherwise expressly stated. You agree that no refunds will be provided for any unused portion of the Services unless otherwise stipulated in writing by Engage Flow.

6. User Obligations

6.1 Legal Compliance: You agree to comply with all applicable laws, regulations, and third-party agreements when using the Services. You are solely responsible for ensuring that your activities using the Services do not violate any law, statute, ordinance, or regulation.6.2 Prohibited Uses: You shall not use the Services to:

Engage in any activity that is fraudulent, deceptive, or otherwise illegal;Infringe upon the intellectual property rights of third parties;Transmit harmful, obscene, or offensive content;Interfere with or disrupt the operation of the Services or servers.

6.3 Client Content: You retain ownership of any content that you provide to Engage Flow ("Client Content"). By submitting Client Content, you grant Engage Flow a non-exclusive, royalty-free license to use, display, and distribute the Client Content as necessary to provide the Services.6.4 Accuracy of Information: You agree to provide accurate and complete information when using the Services, and you are responsible for keeping your account information up to date.

7. Privacy and Data Collection

7.1 Data Collection: Engage Flow collects personal information, including payment details and client information, in connection with providing the Services. You agree to the collection and use of such data in accordance with our Privacy Policy.7.2 Third-Party Services: Engage Flow may use third-party service providers to facilitate payments, analytics, or other aspects of the Services. These third-party providers may have access to your data. By using our Services, you consent to the sharing of your information with these third parties in connection with providing the Services.7.3 Data Security: Engage Flow employs commercially reasonable measures to protect the security of your data, but cannot guarantee complete security. You acknowledge that data transmission over the internet is inherently insecure.

8. Intellectual Property Rights

8.1 Ownership: All intellectual property rights, including but not limited to copyrights, trademarks, and patents, in and to the Services, are the exclusive property of Engage Flow or its licensors. This includes all content, software, designs, and trademarks.8.2 License: Subject to the terms of this Agreement, Engage Flow grants you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes. You may not modify, copy, distribute, or create derivative works of any part of the Services without prior written consent from Engage Flow.8.3 Client Content: You retain ownership of your Client Content. However, by submitting or uploading content to the Services, you grant Engage Flow a worldwide, royalty-free license to use, display, and distribute the content as necessary for the provision of the Services.

9. Limitation of Liability

9.1 No Indirect Damages: To the maximum extent permitted by law, Engage Flow shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to this Agreement, including but not limited to damages for loss of profit, data, or goodwill.9.2 Total Liability: Engage Flow’s total liability for any claim arising out of or related to this Agreement shall be limited to the amount paid by you for the Services during the six (6) months preceding the claim.9.3 No Guarantee: Engage Flow does not guarantee that the Services will be error-free, uninterrupted, or meet your specific needs. The Services are provided "as is" without warranty of any kind, express or implied.

10. Indemnification

10.1 Indemnification by Client: You agree to indemnify, defend, and hold harmless Engage Flow, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Services;Your breach of this Agreement;Any infringement of third-party rights, including intellectual property rights, resulting from your use of the Services.

11. Termination

11.1 Termination by You: You may terminate this Agreement at any time by ceasing to use the Services and closing your Account.11.2 Termination by Engage Flow: Engage Flow may suspend or terminate your access to the Services at any time, with or without cause, if it believes you have violated any provision of this Agreement.11.3 Effect of Termination: Upon termination, all rights and licenses granted to you will immediately cease. You must immediately stop using the Services, and you remain liable for any outstanding Fees. Any accrued obligations under this Agreement will survive termination.

12. Miscellaneous

12.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law provisions.12.2 Dispute Resolution: Any disputes arising under or in connection with this Agreement shall be resolved through binding arbitration in Maryland, in accordance with the rules of the American Arbitration Association.12.3 Force Majeure: Engage Flow shall not be liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to natural disasters, governmental actions, or technical failures.12.4 Entire Agreement: This Agreement, along with any other terms referenced herein, constitutes the entire understanding between the parties regarding the subject matter and supersedes all prior agreements, whether oral or written.12.5 Severability: If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.12.6 Waiver: No waiver of any term or condition of this Agreement shall be deemed a waiver of any other term or condition or of any subsequent breach.12.7 Assignment: You may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of Engage Flow. Engage Flow may assign this Agreement without restriction.

13. Contact Information

For any questions or concerns regarding these Terms and Conditions, please contact Engage Flow at:Email: [email protected]