Terms Of Service

Welcome to Engage Switch. These Terms of Service (“Terms”) govern your use of Engage Switch’s website, software, and services (“Services”). By accessing or using Engage Switch, you agree to be bound by these Terms. If you do not agree, you may not use our Services.

1. Account Registration

To use Engage Switch, you must create an account and provide accurate and complete information. You are responsible for keeping your account credentials secure and for any activities or actions taken under your account. Engage Switch reserves the right to suspend or terminate accounts that engage in suspicious or unauthorized activity.

2. Eligibility

You must be at least 18 years old to use our Services. By using Engage Switch, you represent that you meet this eligibility requirement.

3. Permitted Uses of Services

You may use Engage Switch to:

Send cold email outreach to legitimate business contacts who have not opted out of receiving communications from you.
Create, schedule, manage, and analyze email campaigns.
Access and use other features designed for business communication and relationship management.

You agree to use Engage Switch in compliance with all applicable laws, including but not limited to the CAN-SPAM Act, GDPR, CCPA, and other data privacy regulations.

4. Prohibited Uses of Services

You agree not to:

Use Engage Switch to send spam, mass unsolicited communications, or emails that violate any laws.
Misrepresent yourself or your organization or use misleading subject lines or content.
Harvest, scrape, or collect recipients' information without proper consent.
Use Engage Switch to store, process, or transmit any sensitive information, including but not limited to payment card data, government-issued identification numbers, or medical information.
Attempt to interfere with or disrupt the integrity or performance of Engage Switch, including by using any automated system such as bots, spiders, or crawlers.

Engage Switch reserves the right to suspend or terminate any account that violates these prohibited uses.

5. Billing and Payment

Engage Switch offers various subscription plans. Fees and billing cycles are outlined during the sign-up process. You agree to pay all fees associated with your subscription, including any applicable taxes.

5.1 Free Trials:

Some services may offer a free trial period. After the trial period ends, you will be billed according to the subscription plan you selected, unless you cancel before the trial expires.

5.2 Payment Method:

You must provide a valid payment method, which will be automatically billed according to your subscription. You may update your payment information through your account settings. Failure to provide payment will result in suspension or termination of your account.

6. Cancellation and Termination

You may cancel your subscription at any time by accessing your account settings. Upon cancellation, your subscription will remain active until the end of the current billing cycle, at which point it will not renew.

Engage Switch reserves the right to suspend or terminate your account at our discretion if we believe you have violated these Terms. In such cases, no refund will be issued.

7. Intellectual Property

All content, design, software, and technology on the Engage Switch platform are the exclusive property of Engage Switch and its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services in compliance with these Terms. Unauthorized reproduction or distribution of any part of Engage Switch’s intellectual property is strictly prohibited.

8. Data Privacy and Protection

Your use of Engage Switch is also governed by our Privacy Policy, which describes how we collect, use, and protect your data. By using our Services, you consent to our data practices as outlined in the Privacy Policy.

9. Limitation of Liability

Engage Switch and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use or inability to use our Services. This includes, without limitation, damages for loss of profits, goodwill, data, or other intangible losses.

Our total liability to you for any claim arising from or related to these Terms or your use of our Services will be limited to the amount paid by you to Engage Switch for the Services in the 12 months preceding the event giving rise to the claim.

10. Disclaimer of Warranties

Engage Switch provides its Services “as is” and “as available” without warranties of any kind, either express or implied. We do not guarantee that our Services will be uninterrupted, secure, or error-free or that results from using our Services will be accurate or reliable.

11. Indemnification

You agree to indemnify, defend, and hold harmless Engage Switch and its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from or related to your use of our Services, violation of these Terms, or infringement of any intellectual property or other right of any person or entity.

12. Modifications to Services and Terms

Engage Switch reserves the right to modify or discontinue, temporarily or permanently, any aspect of the Services with or without notice. We also reserve the right to change these Terms at any time. If changes are made, we will provide notice through our website or via email. Your continued use of the Services after any changes signifies your acceptance of the revised Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles. Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in [Insert City, State].

14. Contact Us

If you have any questions about these Terms, please contact us at:

Engage Switch
alex@enagaeswitch.com
603-249-6037
1316 Broad Street Bloomfield, NJ 07003