Terms and Conditions

Welcome to Engagekart! These Terms of Service (“Terms”) govern your access to and use of Engagekart’s website, services, and platforms (“Services”). By accessing or using Engagekart, you agree to these Terms. If you do not agree, please do not use the Services.

1. Definitions

“Engagekart” refers to Engagekart, its affiliates, officers, employees, licensors, and service providers.
“User” includes any individual, entity, or organization that accesses, browses, interacts with, or utilizes Engagekart’s Services, including:
- Visitors: Individuals browsing Engagekart without creating an account.
- Registered Users: Individuals or entities who have created an account, including free trial users, beta users, and paid users.
- Subscribers/Clients: Users who have subscribed to Engagekart’s services on a paid plan.

2. Acceptance of WhatsApp Policies

As Engagekart services rely on WhatsApp as a communication channel, all Users must comply with WhatsApp’s applicable terms and policies, including but not limited to:

By using Engagekart, Users agree to abide by these terms and ensure compliance with WhatsApp’s policies. Failure to comply with these policies may result in the suspension or termination of your account.

3. Use of Services

Users agree to use Engagekart’s Services responsibly and in compliance with:

Applicable laws and regulations, including the Information Technology Act of India and rules framed thereunder.
These Terms and any updates Engagekart may make to them.

Engagekart may offer trial periods or beta versions of its Services to Users. These offerings are experimental and may not have full functionality or support. Users availing such Services acknowledge:

These are provided on an “as-is” basis with no guarantees of performance or reliability.
Trial or beta Users are considered “Registered Users” and are bound by these Terms.

Engagekart reserves the right to:

- Suspend or terminate accounts for any violations of these Terms or misuse of the Services.
- Withdraw, modify, suspend, or terminate any service, including beta or trial offerings, without prior notice, and such changes may impact availability or functionality.

4. Disclaimer of Warranties

Engagekart provides the Services on an “as-is” and “as-available” basis. Engagekart disclaims all warranties, express or implied, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Any assurance that Services will meet User expectations, operate uninterrupted, or be error-free.
Users acknowledge that their use of Engagekart is at their sole risk, and Engagekart makes no representations about reliability, timeliness, or performance.

5. Third-Party Services

- Engagekart enables integration with third-party services, which are subject to their own terms, conditions, and privacy policies. Engagekart is not responsible for any issues arising from a user’s access, use, or data processed by such services. Liability is limited to data transmitted through Engagekart’s platform.
- By authorizing third-party integrations, users permit Engagekart to access and process data shared by these services as per these Terms.
- Users are responsible for authorizing integrations, ensuring the proper transmission of data, and verifying its accuracy. Engagekart is not liable for any claims resulting from users’ actions or violations related to third-party service usage.

6. Indemnification

Users agree to indemnify, defend, and hold harmless Engagekart, its affiliates, officers, employees, agents, licensors, and partners from and against any and all claims, liabilities, damages, losses, expenses (including reasonable attorneys’ fees), or other costs arising out of or related to:

Their use or misuse of Engagekart’s Services.
Any breach of these Terms by the User.
Any content submitted by the User, including data, text, or other materials.
Actions violating third-party rights, such as intellectual property or privacy rights.

Engagekart reserves the right to assume exclusive control of its defence in such claims, and Users agree to cooperate fully in asserting available defences.

7. Limitation of Liability

To the fullest extent permitted by law:

- Engagekart shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.
- Engagekart’s liability shall not exceed the amount paid by the User for the services during the six (6) months preceding the claim.

8. Force Majeure

Engagekart shall not be liable for any delay or failure to perform due to circumstances beyond its reasonable control, including acts of God, natural disasters, strikes, government actions, power outages, or internet disruptions

9. User Responsibilities and Acceptable Use

Users are responsible for:

The confidentiality of their login credentials, including passwords, account details and API keys (if applicable) and any actions performed under their account.
Ensuring that their use of Engagekart complies with all applicable laws and regulations.
Regularly reviewing these Terms and staying informed about updates.

Prohibited Activities: You may not use Engagekart to:

Violate any laws or regulations.
Share content that is obscene, illegal, defamatory, or violates intellectual property rights.
Attempt unauthorized access to our platform or engage in activities that disrupt the normal functioning of the service.

Engagekart shall not be held responsible for any unauthorized use of a User’s account resulting from negligence or failure to maintain security. Users agree to promptly notify Engagekart of any unauthorized use of their account or suspected breach of security.

10. Intellectual Property

All content, trademarks, and materials on Engagekart’s platform are the exclusive property of Engagekart or its licensors. Users may not copy, modify, distribute, or use Engagekart’s intellectual property without prior written consent.

11. Termination

Engagekart reserves the right to terminate or suspend a User’s access to the Services, with or without notice, for violations of these Terms, misuse of the Services, or at its sole discretion. Users retain ownership of their data submitted to Engagekart’s Services. By using the platform, you grant us a license to use the data solely for the purpose of delivering the service. Upon termination of the account or subscription, Engagekart will delete or disable access to the User’s data as per applicable laws and internal data retention policies, except for logs or analytics that may be retained for legal or operational reasons. Engagekart shall not be liable for any data loss post termination. It is the User’s responsibility to ensure data backup before account closure.

12. Marketing and Promotions

By using Engagekart’s services, Users grant Engagekart the right to use their name, logo, and testimonials for marketing and promotional purposes. Users may opt out of this by notifying Engagekart in writing.

13. Governing Law and Jurisdiction

These Terms shall be governed by the laws of India. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Chandigarh, India.

14. Updates to Terms

Engagekart reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting. Users are encouraged to review the Terms regularly to stay informed.

15. Privacy Policy

Your use of Engagekart’s services is also subject to our Privacy Policy, which outlines how your data is collected, used, and protected. By using our services, you agree to the terms of the Privacy Policy. It is your responsibility to review the Privacy Policy periodically for updates. You can access the Privacy Policy here.