Introduction
1.1 This MoEngage Terms of Use (the “TOU”) governs your use of MoEngage’s website and related MoEngage software and services (collectively the “Services”).
MoEngage provides a community for emerging CRM and growth leaders and a vast library of resources and certification courses on everything customer engagement and growth along with proven frameworks developed and refined by leaders and experts in the field.
1.2 The Services are provided by MoEngage, Inc. (“MoEngage”), a Delaware corporation.
1.3 Agreements entered into between MoEngage and its Developers, partners, and vendors may provide for additional terms related to the treatment of certain information of end users and data generally by MoEngage.
User account and registration
In order to participate and avail some of the Services, you will need to set up and maintain a user account. For the registration and setup process, you will be prompted to provide your existing email address and a password that is unique or your existing LinkedIn credentials.
Certain Services include premium programs such as cohort-based courses, which may carry additional fees. Upon payment of such fees, you shall obtain access to the respective Services. The invoice may be provided to you along with the email confirmation within _____.
You agree that the information provided by you upon registration and at all times thereafter will be true, accurate, current, and complete. You agree that you will never divulge or share access to your user account with any third party for any reason. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission.
Using our services
2.1 By using the Services, you agree to the terms of the TOU. Please read the TOU carefully. Do not use the Services if you do not agree to all of the terms of the TOU.
2.2 Subject to your remaining in full compliance with the TOU, MoEngage hereby grants to you a limited, non-exclusive, non-transferable, worldwide license, without the right to sublicense, solely for the purpose of enabling you to use and enjoy the benefit of Services as provided by MoEngage, in the manner permitted by the TOU. You may not copy, transfer, modify, distribute, rebrand, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
2.3 You shall not, and shall not permit any third party to:
(i) use the Services except to the extent permitted above;
(ii) use the Services for any unlawful purposes and your use of the Services shall always comply with the applicable local, state, national, or international laws;
(iii) modify or create any derivative work of any part of the Services;
(iv) permit any third parties to use the Services;
(v) market, sublicense, publish, distribute, reproduce, assign, transfer, rent, lease or loan the Services;|
(vi) break or circumvent any authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so;
2.4 Use of the Services by children under the age of 13 is prohibited. By using the Services, you warrant that you are 13 years of age or older.
2.5 Using the Services does not give you ownership of any intellectual property rights in the Services or the content you access. You may not use content from the Services unless you obtain permission from its owner or are otherwise permitted by law. The TOU does not grant you the right to use any branding or logos used in the Services. Do not remove, obscure, or alter any legal notices displayed in or along with the Services.
You acknowledge that the Services are owned and operated by MoEngage and unless otherwise provided for, all content or other material available on the platform or through the Services, including but not limited to the academy offerings, articles, courses, podcasts, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files are the property of MoEngage and are protected by copyright, patent and/or other proprietary intellectual property rights under the applicable laws.
2.6 You agree not to access (or attempt to access) the MoEngage platform and/or the materials or Services by any means other than through the interface that is provided. The use of deep-link, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the platform or Services, or in any way reproduce or circumvent the navigational structure or presentation of the platform, materials or any content or Services, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the platform. You acknowledge and agree that by accessing or using the Services, you may be exposed to content from other users that You may consider offensive, indecent, or otherwise objectionable. MoEngage disclaims all liabilities arising in relation to such offensive content on the platform. Further, You may report such offensive content.
Modification and termination of services
4.1 MoEngage may, in its sole discretion, discontinue offering the Services or terminate or suspend your access to the Services at any time.
4.2 MoEngage reserves the right to change or modify any of the terms of the TOU at any time, in its sole discretion, by posting changes at moengage.com/terms-of-use/ (or another URL that MoEngage may provide from time to time). You are responsible for regularly visiting the TOU to review any changes. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified TOU, you should discontinue the use of the Services.
Protection of personal data
MoEngage shall maintain administrative, physical, and technical safeguards designed to protect the confidentiality and integrity of your data. MoEngage will only access, use, process, modify, delete, or disclose your data (a) to provide the Services, (b) to provide support services and prevent or address service or technical problems, (c) as compelled by law in accordance with the Confidentiality section below or as required under applicable law, (d) to send to users communications (i) about the Services, such as notice of scheduled maintenance, and (ii) of educational or informational nature to optimize their use of the Services, or (e) as expressly permitted in writing by customer. The parties agree to comply with the terms of the data processing addendum at https://moengage.com/dpa (“DPA”).
Disclaimer of Warranties
6.1 Other than as expressly set forth in the TOU, the Services are provided “AS IS” and “AS AVAILABLE” and without warranty of any kind. You agree that your use of the Services is at your risk
6.2 MoEngage makes no warranties of any kind to you or any third party with respect to the services, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, operability or noninfringement, and all such warranties are hereby excluded by MoEngage and waived by you. for example, we do not make any commitments about the content within the services, the operation of the services, the output of the services, or the results from the services.
6.3 You understand and agree that any material or data downloaded or otherwise obtained through the MoEngage platform is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. MoEngage does not accept no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
Limitation of liability
7.1 In no event shall MoEngage, its agents, or employees, have any liability to you or any third party for the cost of substitute goods or any incidental, indirect, punitive, special, exemplary, or consequential damages (including lost profits, loss of data, loss of use, loss of business opportunity or claims of third parties) relating to the services, however, caused, whether by negligence or otherwise, regardless of the form of action and regardless of whether MoEngage has been advised of the possibility of such damages.
Indemnification
8.1 You and any business or third party subject to the TOU through your use shall fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) MoEngage and its directors, officers, employees, agents, stockholders, and affiliates (collectively, “indemnified parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to
(i) any violation of the TOU or Privacy
(ii) your use of the Services, including the use of any other application, software, or hardware in conjunction with the Service
(iii) the unauthorized use of the Services.
Confidentiality
Each party (as “Receiving Party”) agrees that all code, inventions, know-how, business, technical, and financial information it obtains from the disclosing party (“Disclosing Party”), constitute the confidential property of the Disclosing Party, (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any MoEngage technology, performance information relating to the Services, and the terms and conditions herein shall be deemed Confidential Information of MoEngage without any marking or further designation. Except as expressly authorized herein, the Receiving Party shall
(1) Hold in confidence and not disclose any Confidential Information to third parties and
(2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under this Agreement. The Receiving Party may disclose Confidential Information to its employees, agents, contractors, and other representatives having a legitimate need to know, provided that such representatives are bound to confidentiality obligations no less protective of the Disclosing Party and that the Receiving Party remains responsible for compliance by any such representative with the terms of this Section. The Receiving Party’s confidentiality obligations shall not apply to information that the Receiving Party can document:
(i) was rightfully in its possession or known to it prior to receipt of the Confidential Information;
(ii) is or has become public knowledge through no fault of the Receiving Party;
(iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or
(iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may make disclosures to the extent required by law or court order, provided the Receiving Party notifies the Disclosing Party in advance and cooperates in any effort to obtain confidential treatment. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.
Miscellaneous
9.1 The TOU controls the relationship between MoEngage and you. They do not create any third-party beneficiary rights
9.2 If there is a conflict between the TOU and additional terms, the additional terms will control for that conflict
9.3 If you do not comply with the TOU and MoEngage does not take action right away, MoEngage is not giving up any rights that MoEngage may have (such as taking action in the future).
9.4 If it turns out that a particular term of the TOU is not enforceable, this will not affect any other terms of the TOU.
9.5 The laws of the state of California, excluding California’s conflicts or choice of laws and rules, will apply to any disputes arising out of or relating to the TOU. All claims arising out of or relating to the TOU of the Services shall be litigated exclusively in federal courts of San Francisco, California, and you and MoEngage consent to personal jurisdiction in those courts.
Any notice or claims against MoEngage under these TOU or any Service-specific terms may be sent by email to:
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