General Terms and Conditions

PLEASE REVIEW THESE ENGAGIVE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND ENGAGIVE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE SERVICES (AS DEFINED IN SECTION 1 "DEFINITIONS" BELOW).

THE SERVICES ARE INTENDED FOR BUSINESS USE OR USE IN CONNECTION WITH AN INDIVIDUAL'S TRADE, CRAFT, OR PROFESSION ONLY.

If you have a separate written agreement with Engagive for your use of the Services, these Terms of Service will not apply to you to the extent of conflict, unless that written agreement does not cover a particular Service — in which case these Terms apply solely to your use of that particular Service.

These Engagive Terms of Service ("Agreement") set forth the terms for your use of the Services and are effective as of the date you accept or otherwise agree to the terms of this Agreement ("Effective Date"). This Agreement is between Engagive ("Engagive", "we", "us", or "our"), with operations at 2nd Floor, 160-D Commercial Broadway, DHA Phase 8 Lahore, Pakistan, and you or the organization on whose behalf you are accepting or otherwise agreeing to the terms of this Agreement ("you", "your", "yours", or "Customer").

We may, from time to time, revise this Agreement, related policies, or Regulatory Policies to comply with Applicable Law or meet requirements from Third-Party Providers. For material changes, we will inform you by posting an announcement on our platform and/or sending you an email, and will provide at least thirty (30) days' notice before such material changes take effect, unless Applicable Law or a Third-Party Provider requirement requires a shorter period. By continuing to use the Services after the effective date of the updated terms, you indicate your acceptance of the revised terms.

If you have the right under Applicable Law to terminate this Agreement upon receiving such notice, any previously invoiced fees are non-refundable unless required by law or expressly agreed in writing, and any outstanding fees for Services provided under an applicable Order Form remain due and payable.

If you transfer your account to a third-party reseller or partner for administrative reasons, such transfer does not release you from your responsibilities under this Agreement unless we agree otherwise in writing.

1. Definitions

These definitions apply to capitalized terms used repeatedly in this Agreement. Additional terms may be defined in the body of this Agreement.

• Affiliates means any entity that directly or indirectly controls, is controlled by, or is under common control with a party. For this definition, "control" means direct or indirect ownership of more than fifty percent (50%) of the voting interests of the subject entity.
• API means an application programming interface made available by Engagive as part of the Services.
• Agreement means these Terms of Service, any applicable Order Form, and any Service Specific Terms incorporated by reference.
• Applicable Law means all legislation, regulations, statutes, orders, and other laws of any relevant governmental authority relating to the Services in the jurisdiction where the Services are provided or used, including data protection, consumer protection, and telecommunications rules as applicable.
• Authorised Users means the employees, directors, agents, consultants, or representatives of the Customer that manage and use the Services on behalf of the Customer through the Engagive Portal.
• Confidential Information has the meaning ascribed to it in Section 7 of this Agreement.
• Electronic Message means a digital communication transmitted or intended to be transmitted through the Services, including WhatsApp messages, In-App Chat messages, templates, campaign messages, interactive messages, and similar communications.
• End User(s) means the party who receives or is intended to receive an Electronic Message as a result of the Customer's use of the Services, or the party who initiates a conversation with the Customer through the Services.
• Fee or Fees means the fees outlined in the applicable Order Form, plan assignment, invoice, or other commercial materials agreed with Engagive.
• Force Majeure Event means an event or circumstance beyond a party's reasonable control that could not have been prevented by the exercise of reasonable care, including acts of government; natural disaster or extreme weather; pandemic or epidemic; war, terrorism, or civil unrest; failure of utilities or networks; and non-performance by a Third-Party Provider beyond the affected party's reasonable control.
• Intellectual Property Rights means all intellectual and industrial property rights worldwide, including copyright, patents, designs, trademarks, trade secrets, know-how, and goodwill, whether registered or unregistered.
• Order Form means an order form, proposal, plan assignment confirmation, statement of work, or other written commercial agreement between the Customer and Engagive that specifies Fees, plan limits, Term, and related commercial terms.
• Privacy Policy means the Engagive privacy policy available at /privacy.
• Regulatory Policies means policies and terms that apply to use of the Services, including the Privacy Policy, acceptable-use rules, and terms established by Third-Party Providers (such as Meta WhatsApp Business policies), as updated from time to time.
• Services means the products and services provided by Engagive or its Affiliates that (a) the Customer uses, including trial or otherwise free-of-charge access where offered; or (b) the Customer orders under an Order Form. Live Services today typically include WhatsApp Business messaging, In-App Chat (AppChat), shared inbox, campaigns, AI knowledge and replies, AppChat session push, Meta WhatsApp Flows, Public APIs and business webhooks, Flutter SDK / widget, and Automations (beta). Roadmap channels or applications shown on the marketing site are not production Services unless expressly stated as live.
• SLA means any service level agreement that applies to the relevant Services as provided with or referenced in an Order Form.
• Service Specific Terms means the additional rules in Section 12 of this Agreement (and any later published service-specific addenda) for particular Services.
• Term means the term length of the Service as specified in the applicable Order Form or plan assignment.
• Third-Party Provider means any person authorized to provide cloud computing, telecommunication, messaging, or other services used in part or in whole to provide the Services, which may include Meta / WhatsApp, hosting providers, and similar vendors.
• Engagive Account means the Customer's registered account used to access the Services.
• Engagive Portal means Engagive's business portal and related interfaces through which Authorised Users configure channels, manage conversations, campaigns, AI, Automations, billing usage views, and other features of the Services.

2. Provision of Services

Subject to this Agreement and timely payment of Fees, Engagive will make the Services available to the Customer during the Term. We will use commercially reasonable efforts to provide the Services in a professional manner consistent with industry practice.

We do not guarantee uninterrupted or error-free operation. Availability may be affected by scheduled maintenance, Third-Party Providers (including Meta / WhatsApp), network issues, or Force Majeure Events. Where an SLA applies to your account, that SLA controls for uptime commitments and remedies.

Engagive may modify, enhance, or discontinue features of the Services from time to time, provided that we will not materially reduce core paid functionality during a paid Term without reasonable notice, except where required by Applicable Law or a Third-Party Provider.

Trial, beta, or preview features (including Automations marked beta) are provided "as is" and may change, be limited, or be withdrawn without liability. Roadmap or "coming soon" products on our marketing site are not commitments to deliver unless confirmed in an Order Form.

Use of WhatsApp and other third-party messaging platforms is also subject to those providers' terms, policies, and technical limits. Engagive does not control those Third-Party Providers.

3. Your Responsibilities

The Customer undertakes that it will:

• Provide accurate, current, and complete registration and account information and keep it updated
• Safeguard credentials used to access the Services and promptly notify Engagive of unauthorized access
• Be responsible for all activity under its Engagive Account and for Authorised Users and roles it invites into its workspace
• Use the Services only for lawful business purposes and in compliance with Applicable Law and Regulatory Policies
• Obtain all required consents, permissions, and notices for messaging End Users and for personal data uploaded or processed through the Services
• Configure channels (including WhatsApp Business accounts and In-App Chat widgets / SDKs) correctly and maintain any required Third-Party Provider approvals
• Not use the Services to send spam or unauthorized messages, or messages that violate channel-provider policies
• Not transmit material that is unlawful, defamatory, harmful, or otherwise objectionable
• Not impersonate any person or entity, or interfere with the integrity or performance of the Services
• Not attempt unauthorized access to the Services or related systems, introduce Viruses, or probe for Vulnerabilities except with our prior written consent under a coordinated disclosure arrangement
• Not reverse engineer, copy, or create derivative works of the Services except as permitted by Applicable Law
• Not resell or sublicense the Services except as expressly authorized in writing by Engagive

4. Account Registration and Access

To use certain features of the Services, you must register for a Engagive Account or be invited by a Customer that holds an account. You agree that registration information will be accurate and that you have authority to bind the organization you represent.

Business owners are responsible for Authorised Users, permissions, and channel accounts connected under their workspace. We may suspend access where we reasonably believe credentials have been compromised or the Account is being used in breach of this Agreement.

5. Fees and Payment Terms

Engagive products (including In-App Chat / AppChat and WhatsApp) are commercially offered under plans that may be described on /pricing and in the Engagive Portal. Marketing plan catalogs are informational; commercial pricing, limits, and entitlements are confirmed with Engagive via an Order Form or admin plan assignment.

Billing is admin-assigned: there is no self-serve checkout or card payment processor on this marketing website for plan purchase. Fees, invoices, and payment methods are handled as agreed with Engagive (for example offline invoice or contract).

Plan limits, included usage, and any overage terms are described in materials we provide and/or in your Portal. Usage beyond included limits may incur additional charges when overage is enabled for your plan. You agree to pay all Fees in accordance with the pricing and payment terms presented to you.

We may change published marketing pricing at any time. If we change pricing for your current contracted subscription, we will provide at least thirty (30) days' notice before the new pricing takes effect ("Pricing Change Notice Period"), unless your Order Form says otherwise or Applicable Law / a Third-Party Provider cost change requires a different timeline.

Except as required by Applicable Law or expressly stated in an Order Form, Fees are non-refundable. Late amounts may accrue interest or suspension rights as stated in your Order Form or invoice terms.

6. Intellectual Property

The Services and their original content, features, documentation, branding, and functionality are and will remain the exclusive property of Engagive and its licensors. The Services are protected by Intellectual Property Rights. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable (except as permitted), non-sublicensable right during the Term to access and use the Services for your internal business purposes.

You retain ownership of content and data you submit ("Customer Content"). You grant Engagive a limited license to host, process, transmit, and display Customer Content solely to provide, secure, support, and improve the Services, and as otherwise described in the Privacy Policy. Third-party marks (such as WhatsApp or Meta) belong to their respective owners.

Feedback you provide about the Services may be used by Engagive without obligation or compensation to you.

7. Confidentiality

"Confidential Information" means non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") that is marked confidential or that a reasonable person would understand to be confidential, including business plans, pricing, technical information, account credentials, and Customer Content that is not public.

The Receiving Party will use Confidential Information only to perform under this Agreement, protect it with reasonable care, and not disclose it to third parties except to personnel and contractors who need to know and are bound by confidentiality obligations no less protective than these.

Confidential Information does not include information that is or becomes public through no fault of the Receiving Party; was rightfully known without restriction before disclosure; is independently developed; or is rightfully received from a third party without restriction. Disclosure required by law is permitted if the Receiving Party gives reasonable notice (where legally allowed) so the Disclosing Party may seek a protective order.

8. Data Processing and Privacy

Our collection and use of personal information is described in the Privacy Policy, which forms part of this Agreement by reference.

Where you use Engagive to message or support your End Users, you are typically the controller of that End User data and Engagive acts as a processor / service provider on your instructions, subject to Applicable Law and any data processing terms we agree with you. You are responsible for obtaining consents and providing notices required for your use of messaging channels and for personal data you upload or process through Engagive.

You will not upload sensitive personal data to the Services unless necessary for your lawful use case, permitted under Applicable Law, and consistent with channel-provider rules. You remain responsible for lawful bases and End User notices for AI features you enable.

9. Mutual Indemnification

By Customer. You will defend, indemnify, and hold harmless Engagive, its Affiliates, and their directors, employees, and agents from and against claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) Customer Content or End User communications; (b) your use of the Services in breach of this Agreement or Applicable Law; (c) your failure to obtain required consents or comply with Third-Party Provider policies; or (d) claims by Authorised Users or End Users relating to your messaging or data practices.

By Engagive. Subject to the limitations in Section 10, Engagive will defend, indemnify, and hold you harmless from third-party claims that the Services as provided by us infringe that third party's Intellectual Property Rights, excluding claims arising from Customer Content, combinations with non-Engagive products, or unauthorized modifications. If infringement is alleged, we may modify the Services, procure a license, or terminate the affected Service with a pro-rata refund of prepaid Fees for the unused portion of the Term, where applicable.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ENGAGIVE DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENGAGIVE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENGAGIVE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO ENGAGIVE FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR, IF NO FEES WERE PAID, ONE HUNDRED US DOLLARS OR LOCAL CURRENCY EQUIVALENT).

Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under Applicable Law (including for fraud or willful misconduct where such exclusion is prohibited).

11. Term, Suspension, and Termination

This Agreement starts on the Effective Date and continues for the Term in the applicable Order Form, or until terminated as provided herein. Subscription Terms may renew as stated in the Order Form.

We may suspend or terminate your Account and access to the Services immediately, without prior notice where reasonably necessary, if you breach this Agreement, fail to pay Fees when due, create risk to the Services or Third-Party Providers, or if required by Applicable Law or a Third-Party Provider.

You may terminate for convenience as permitted in your Order Form, or if we commit a material breach and fail to cure within thirty (30) days after written notice (or such other period stated in the Order Form).

Upon termination, your right to use the Services ceases. You may request export of your data within thirty (30) days of account termination, subject to legal retention requirements and technical feasibility. Sections that by their nature should survive (including Fees owed, IP, confidentiality, indemnities, limitations of liability, and governing law) will survive termination.

12. Service Specific Terms

The following additional terms apply to the extent you use the relevant Service. If there is a conflict between this Section 12 and the general terms, this Section 12 controls for that Service.

12.1 WhatsApp

WhatsApp messaging depends on Meta / WhatsApp Business Platform rules, templates, quality ratings, messaging windows, and account status. You must comply with Meta's WhatsApp Business terms and policies. Engagive is not responsible for Meta outages, policy enforcement, template rejections, or account bans imposed by Meta. Embedded Signup and WABA configuration remain subject to Meta's processes.

12.2 In-App Chat (AppChat)

In-App Chat includes widget and Flutter SDK integration, identify tokens, and related portal features. You are responsible for integrating the SDK / widget securely in your applications, protecting identify secrets on your backend, and obtaining End User notices required for in-app messaging and push (where enabled).

12.3 Campaigns

Campaigns for WhatsApp and AppChat are subject to plan limits, template rules (for WhatsApp), and acceptable-use requirements. You are solely responsible for campaign content, targeting, and compliance with marketing and spam laws.

12.4 AI Chatbot / AI Features

AI bindings, knowledge bases, reply queues, and follow-ups are optional features you configure. AI outputs may be inaccurate or incomplete. You are responsible for reviewing AI behavior, knowledge content you upload, and how replies are presented to End Users. AI usage may consume plan entitlements and safety limits as described in the Portal and your Order Form.

12.5 Flows and Automations

Meta WhatsApp Flows and Engagive Automations (including beta features) allow interactive and workflow experiences. You are responsible for Flow / workflow design, End User experience, and compliance. Automations marked beta may change without notice and are not covered by production SLAs unless expressly stated.

12.6 Public API, Webhooks, and SDKs

Public WhatsApp APIs, business webhooks, and SDKs must be used in accordance with our documentation, authentication requirements, and rate limits. You must protect API keys and secrets, validate webhook signatures where provided, and not abuse endpoints. We may throttle or revoke credentials that threaten platform stability or security.

12.7 Roadmap Channels

SMS, Voice, Messenger, Instagram, and similar channels or applications may appear on our marketing site as roadmap or coming soon. They are not offered as fully live production Services under this Agreement unless we expressly enable them for your account and confirm commercial terms.

13. General

13.1 Notices

Notices under this Agreement may be given by email to the addresses associated with your Account, by posting in the Engagive Portal, or by writing to 2nd Floor, 160-D Commercial Broadway, DHA Phase 8 Lahore, Pakistan. Notices to Engagive should be sent to it@engagive.io. Material updates to this Agreement will be communicated as described in the introduction.

13.2 Governing Law and Disputes

This Agreement shall be governed and construed in accordance with the laws of Pakistan, without regard to its conflict of law provisions. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Lahore, Pakistan, unless your Order Form specifies otherwise.

13.3 Force Majeure

Neither party is liable for delay or failure to perform due to a Force Majeure Event, except for payment obligations that have already accrued. The affected party will use reasonable efforts to mitigate and resume performance.

13.4 Assignment

You may not assign this Agreement without our prior written consent, except to an Affiliate or successor in connection with a merger or sale of substantially all assets, provided the assignee is not a competitor and assumes this Agreement. We may assign this Agreement to an Affiliate or in connection with a corporate transaction.

13.5 Severability and Waiver

If any provision of this Agreement is held unenforceable, the remaining provisions will continue in effect. Failure to enforce a provision is not a waiver of the right to enforce it later.

13.6 Relationship of Parties

The parties are independent contractors. This Agreement does not create a partnership, joint venture, employment, or agency relationship.

13.7 Whole Agreement

This Agreement, including the Privacy Policy, any Order Form, and any Service Specific Terms, constitutes the entire agreement between you and Engagive regarding the Services and supersedes prior or contemporaneous agreements on the same subject, except that a separately signed written agreement covering the same Services will control to the extent of conflict as described in the introduction. Marketing materials and website copy are not contractual commitments unless expressly incorporated in an Order Form.

13.8 Changes to Terms

We reserve the right to modify or replace these Terms as described in the introduction. The updated version supersedes previous versions. If you do not agree to an updated version, you must discontinue using the Services before the effective date.

14. Contact Us

If you have any questions about these Terms of Service, please contact us at it@engagive.io, call +92 3321866306, or write to us at 2nd Floor, 160-D Commercial Broadway, DHA Phase 8 Lahore, Pakistan.