Terms of Service

Last updated: 27 June 2026

These Terms of Service (the "Terms") form a binding agreement between you and EngageXS ("EngageXS", "we", "us" or "our") and govern your access to and use of the EngageXS customer relationship management platform, websites, applications and related services (together, the "Service"). Please read them carefully. This page is provided for general information and is not legal advice.

Agreement to terms

By creating an account, subscribing to a plan, or otherwise accessing or using the Service, you agree to be bound by these Terms and by any policies referenced in them, including our Privacy Policy. If you do not agree to these Terms, you may not use the Service. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms, and "you" refers to that organisation.

Eligibility & accounts

To use the Service you must be able to form a legally binding contract and provide accurate, complete and current registration information. You are responsible for your account, including all activity that occurs under it and the conduct of every user or seat you authorise.

Keep your account details accurate and up to date.
Keep login credentials confidential and do not share them.
You are responsible for the actions of all users and seats you provision, and for ensuring they comply with these Terms.
Notify us promptly of any unauthorised use of your account or any security breach.

Subscriptions & billing

The Service is offered on a subscription basis with flat monthly plans: Free, Pro and Enterprise. Free plans are provided at no charge and may be subject to usage limits. Paid plans (Pro and Enterprise) are billed through our third-party billing provider.

Fees are charged per plan according to the billing cycle you select, and are exclusive of taxes unless stated otherwise; you are responsible for applicable taxes and duties.
Paid subscriptions renew automatically for successive billing periods at the then-current rates until cancelled, and you authorise us and our billing provider to charge your payment method on each renewal.
You may upgrade or downgrade your plan or change the number of seats; changes may adjust your charges, and added seats or upgrades may be billed on a prorated basis.
Except where required by law, fees are non-refundable and we do not provide refunds or credits for partial billing periods, unused seats, or features not used.

Acceptable use

You agree not to misuse the Service. In particular, you must not:

Use the Service for any unlawful, fraudulent or harmful purpose.
Abuse, disrupt, overload, or attempt to gain unauthorised access to the Service or its systems.
Reverse engineer, decompile or attempt to extract the source code of the Service, except as permitted by law.
Resell, sublicense or commercially exploit the Service without our prior written permission.
Upload malware or content that infringes the rights of others or violates applicable law.

Customer data & ownership

As between you and us, you own the data you and your users submit to the Service ("Customer Data"). You grant us a worldwide, non-exclusive licence to host, store, process, transmit and display Customer Data solely as needed to provide, secure and improve the Service and to comply with the law. You are responsible for your Customer Data, including its accuracy and legality, and you represent that you have all rights and permissions necessary to provide it to us.

Intellectual property

The Service, including its software, platform, design, documentation, and the EngageXS name, logos and brand, is owned by us and our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to access and use the Service during your subscription. No rights are granted to you other than as expressly set out in these Terms.

Service availability

The Service is provided on an "as is" and "as available" basis. We aim for high availability and work to keep the Service running smoothly, but we do not guarantee any specific uptime on Free or lower-tier plans. Service-level commitments, if any, apply only where expressly agreed in writing for Enterprise plans. We may perform scheduled or emergency maintenance, which can cause temporary interruptions.

Disclaimers & limitation of liability

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue or data. To the extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the total fees you paid to us for the Service in the twelve (12) months immediately before the event giving rise to the claim.

Termination

You may stop using the Service and cancel your subscription at any time. Either party may terminate these Terms if the other materially breaches them and fails to cure the breach within a reasonable period, and we may suspend or terminate access where required by law or to protect the Service.

On termination, your right to access and use the Service ends.
For a reasonable export window after termination, you may retrieve your Customer Data; after that window we may delete it in line with our retention practices.
Provisions that by their nature should survive termination will survive.

Changes to the service and to these terms

We continually improve the Service and may add, change or remove features over time. We may also update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, for example by posting the updated Terms with a new "Last updated" date or by other means. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

Governing law & dispute resolution

These Terms are governed by the laws of Malaysia, without regard to conflict-of-laws rules. You and we agree to submit to the exclusive jurisdiction of the courts of Malaysia for any dispute arising out of or relating to these Terms or the Service. The parties will first attempt to resolve any dispute informally and in good faith before pursuing formal proceedings.

Contact

Questions about these Terms can be sent to legal@engagexs.com.