Your Partner Through The Digital Age

Your Partner Through The Digital Age

Terms & Conditions

Introduction

This website is operated by Exponentia Datalabs Private Limited, and its subsidiaries and/or affiliates (collectively “engagely.ai”). This website, including all information, tools, and services available from this website offered to you is conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms, including any additional terms and conditions and policies referenced herein and/or available by hyperlink (collectively the “Terms”). The Terms may have changed since your last visit to this website and/or to the products or service offerings of engagely.ai. By visiting this website and/ or purchasing our services, you agree to be bound by the following terms. These Terms apply to all users of this website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms carefully before accessing or using our website. You need to agree to both terms of Service and our Privacy Policy. If you do not agree to all the terms and conditions of these Terms, then you may not access the website or use any services.

Our website provides you with access to a variety of resources on our CX Automation Platform, engagely.ai, including documentation and other product information (collectively the “Documentation”), download areas, and other services (collectively “Web Services”), software, including developer tools and sample code (collectively “Software”), training courses and other learning materials (collectively, “Academy”), and Application Program Interface information (“APIs”). The Documentation, Web Services, Software, Academy, and APIs (including any updates, enhancements, new features, and/or the addition of any new web properties to the website) as detailed on this website, are subject to the Terms unless we have provided those items to you under more specific terms under a written agreement, in which case, those more specific terms will apply to the relevant item.

These Terms with the Privacy Policy govern your use of this website and its offerings. If you are using this website and/or products and services offered therein, on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these Terms on the organization’s behalf. In that case, “you” and “your” will refer to that organization. We reserve the right to periodically revise these Terms. If a revision is a material, as determined solely by us, we will notify you via email or through pop-up notifications.

Use of Software

Any software that could be made available to download within the Site (the “Software”) is the copyrighted work of engagly.ai or its suppliers. Your use of the Software is subject to the terms of the software license agreement (the “License Agreement”) that accompanies or is included with the Software, service orders, and other terms and conditions that apply. You must read the License Agreement and confirm your agreement to its terms and conditions prior to installing or using the Software.

Trademarks

“engagely.ai Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations we use in connection with its products and services. You may not remove or alter any engagely.ai Trademarks, or co-brand your own products or material with engagely.ai Trademarks, without the prior written consent of engagely.ai. You acknowledge engagely.ai’s rights in the engagely.ai Trademarks and agree that any use of engagely.ai Trademarks by you shall inure to the sole benefit of engagely.ai. You agree not to incorporate any engagely.ai Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with a computer or internet-related products, services or technologies.

Documentation Available on the Website

All Documentation is the copyrighted work of engagely.ai and/or its suppliers. Use of the Documentation is governed by the terms of the License Agreement, of the terms that accompany or are included with the Documentation (“Documentation License Agreement”) when applicable. If Documentation is made available to you on this Website without a Documentation License Agreement, then you may annotate, translate, and make a reasonable number of copies of the Documentation for your internal use in designing, developing, and testing your software, products and services, and you may distribute a reasonable amount of portions of the Documentation as necessary to document your software, products, and services. You may not publish any such annotations or translations. You must preserve the copyright notice in all copies of the Documentation and ensure that both the copyright notice and this permission notice appear in those copies.

THE DOCUMENTATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THIS WEBSITE.  ENGAGELY.AI AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEBSITE AT ANY TIME.

Notices regarding Software, Documentation, APIs, Content and Web Services Available on Websites

THE USE OF THE WEBSITE AND CONTENT IS AT THE YOUR OWN RISK.IN NO EVENT SHALL ENGAGELY.AI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM, BUT NOT LIMITED TO, LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE WEBSITES, SOFTWARE, DOCUMENTATION, APIS, WEB SERVICES, OR INFORMATION AVAILABLE FROM ANY OF THE WEBSITES.

Member Account, Password, and Security

If any of our services require you to create an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form or you may login through a third-party processor such as your google account. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your engagely,ai account. Your member account will include a username and password of your choosing.

You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are solely responsible for any and all activities that occur under your member account. If you notice any unusual activities or suspect unauthorised activity on your member account or any other breach of security, you agree to immediately notify engagely.ai by reaching us at . engagelya.i will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by engagely.ai or our suppliers due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Prohibited User Conduct

While using the Site, including services and features offered on or through the Site, you will not in whatever manner or form, directly or indirectly:

  • Use the Site or any Online Community in connection with, or for the purpose of, surveys, contests, solicitation of funds, chain letters, junk email, spamming or any duplicative or unsolicited messages;
  • Upload Content that contains viruses, Trojan horses, time bombs, corrupted files or any other equivalent software or programs that may damage the operation of the Site (or any part of it) or another’s (including engagely.ai’s) computer or property;
  • Defame, abuse, harass, invade, threaten or otherwise violate the legal rights of other users;
  • Restrict or inhibit another user from using and enjoying the Site or any Online Community;
  • Transmit or facilitate the transmission, distribution or dissemination of any Content which is false or misleading; promotes bigotry, racism, hatred or harm against any group or individual; or is obscene or indecent;
  • Infringe another’s rights such as, but not limited to, intellectual property rights;
  • Falsify or delete any copyright management information including material contained in a file that is uploaded;
  • Attempt to gain unauthorized access to part of the Site, another’s user account, computer systems, or networks connected to a engagely.ai’s server;
  • Attempt to damage, disable, overburden, or impair the Site or a engagely.ai’s server or any network connected to a engagely.ai’s server;
  • Download any file posted by another user that you know, or reasonably should know, cannot be lawfully reproduced, displayed, performed, and/or distributed in such manner;
  • Harvest or otherwise collect information about others, including email addresses or other personal information;
  • Impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  • Create a false identity for the purpose of misleading others; or
  • Violate any applicable laws, regulations, or codes of conduct.

Right to Monitor and Remove Submissions

engagely.ai reserves the right, but has no obligation, to monitor the Online Communities, and engagely.ai reserves the right to review any Content uploaded, posted, or sent, and to remove any Content in engagely.ai sole discretion.

Your Content

engagely.ai does not claim title to or ownership of the Content. However, by uploading, posting, sending or otherwise transmitting any Content to any part of the Site, including the Online Communities, or submitting any Content to engagely.ai:

  • You grant engagely.ai any sublicensees elected by engagely.ai a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, copy, reproduce, publicly display or perform, modify, adapt and/or reformat, translate, publish, transmit and distribute such Content (or any part of it) in any form, medium, or technology now known or later developed with the right to sublicense any or all of such rights;
  • At engagely.ai or sublicense’s’ option, you agree to have your name published in connection with your Content or you agree to waive such right;
  • You warrant and represent that you own, control or have all the necessary rights to the Content including, but not limited to, the rights necessary to upload, post, send or otherwise transmit the Content and to grant licenses and sublicenses such as those set forth above; and

Any ideas, suggestions, or other information submitted or sent to engagely.ai, including comments to blogs or posts in the Online Communities, will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the engagely.ai Privacy Policy.

Inactive User Accounts

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 90 (ninety) days. In the event of such termination, all data associated with such a user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the services on this website. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

  • You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Voicebot, Edge Lens LLC, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
  • You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.

You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service

No Unlawful or Prohibited Use

As a condition of your use of this website, you will not use the information, Documentation, Software, training courses and materials, products, APIs, or Web Services obtained from the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the information, Documentation, Software, training courses and materials, products, APIs, or Web Services in any manner that could damage, disable, overburden, or impair any engagely.ai server, or the network(s) connected to any engagely.ai server, or interfere with any other party’s use and enjoyment of any information, Documentation, Software, training courses and materials, products, APIs, and Web Services available from the website. You may not attempt to gain unauthorized access to any information, Documentation, Software, training courses and materials, products, APIs, or Web Services obtained from the website, other accounts, computer systems or networks connected to any engagely.ai server or to the website, information, Documentation, Software, training courses and materials, products, APIs, and Web Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

Violation of Terms of Service

We reserve the right to terminate your user account or otherwise suspend use and access of our services if you are found in violation of these Terms. Further, we reserve the right to pursue any and all legal and equitable remedies against you for such violations.

Privacy Policy

Our Privacy Policy governs how we protect your privacy and handle your personal information we may have access to, when you use this website or any of our product or service offerings. You agree that your use of our website and/or our products and services indicate your acceptance to the processing of your personal information in accordance with our Privacy Policy.

Links to third-party sites

This website may contain links to websites owned and operated by third parties. These links are provided for informational or advertising purposes only. The linked sites are not under the control of engagely.ai and engagely.ai is not responsible for the contents of any linked sites. The inclusion of any link does not imply engagely.ai endorsement of such site and/or its contents.

Confidentiality

Confidential Information: From time to time, either party (the “Disclosing Party”) may disclose or make available to the other party (the “Receiving Party”) non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information.

Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party’s possession prior to the Disclosing Party’s disclosure hereunder, or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.

Protection and Use of Confidential Information: The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.

Compelled Access or Disclosure: If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party’s sole cost and expense, a protective order or other remedy.

Support

engagely.ai provides Technical Support to its paid users as per the Support and SLA Policy at Support & SLA Policy. For any further queries on the support, you may email us at .

Term & Termination

We may terminate or modify your access to and use of this website, at our sole discretion, at any time and without notice to you in case of violation of these Terms. Likewise, you may cancel your account at any time, although we will be sorry to see you go.

If we suspend or terminate your user account use of services for inactive user status or your notice to terminate the use of our services, we will let you know in advance and assist you to retrieve data.

We reserve the right to suspend your account with immediate effect if we find that you have violated the Terms or other Subscription Terms; if you are suspected of illegal activity; or in compliance with requests by law enforcement or other government agencies. You may object to such suspensions by contacting us at engagely.ai within thirty days of notification of suspension.

Warranty Disclaimer

engagely.ai services are provided “AS IS”. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of this website or products.

Indemnity and Release

You will indemnify and release engagely.ai, its directors, officers, employees, contractors and consultants, and hold them harmless from any and all claims and expenses, including legal fees arising from your use of this website, violation of these Terms including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Limitation of Liabilities

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENGEGELY.AI, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ENGAGELY.AI HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO ENGEGELY.AI SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ENGEGELY.AI FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

Governing Law and Jurisdiction

All matters relating to these Terms, your access to and/or use of this website are governed by the laws of the India without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to or use of this website shall be instituted in a state or federal court in Mumbai, India and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You agree to submit to the jurisdiction of and agree that the venue is proper in these courts.

Entire Agreement

Unless you and engagely.ai enter into a valid subscription agreement or similar service agreement, these Terms constitute the entire and exclusive agreement between you and engagely.ai and supersede and replace any other agreements, terms and conditions. These Terms do not create third-party beneficiary rights.

Publicity

Unless otherwise specified, engagely.ai reserves the right to use your name, logo and marks (including marks on Customer Properties) to identify you as a engagely.ai customer on this website and other marketing materials.

Waiver

Failure to enforce any right or provision by engagely.ai in these Terms shall not constitute a waiver of such right or provision or of any other rights or provisions present in these Terms.

Severability

If a provision of these Terms is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

Assignment

You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. engagely.ai reserves the right to assign or transfer its obligations under these Terms without restriction.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Termination & Cancellation

We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases.  Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

Corrections and Changes

While we will endeavour to keep this website up to date, engagely.ai cannot assume responsibility for any errors or omissions in these materials made available on this website. engagely.ai further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. engagely.ai may make changes to the materials, or to the products and/or service offerings described herein, at any time without notice, and makes no commitment to update the information contained herein. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Documentation, Software, training courses and materials, products, APIs, engagely.ai Trademarks or service offerings obtained from this website except as permitted by these Terms. Your use of the websites after modifications and/or corrections made by us shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

Contact Information

We welcome your comments and feedback regarding these Terms, please reach out to us at