1. Scope and applicability
These Terms of Service govern the use of the services and software provided by EngageBay GmbH, EngageBay Inc.,1007 North Orange Street 4th Floor #180 Wilmington, DE 19801, together referred to as the “Services”.
By creating an account or using the Services, you agree to these Terms. If you act on behalf of a company, you confirm that you are authorized to bind that company to these Terms.
2. Description of services
EngageBay provides a web‑based email marketing platform, including features such as: creating and sending email campaigns, automation workflows, contact and list management, segmentation, a drag‑and‑drop email editor, real‑time analytics and reporting, and REST API and webhook integrations.
Exact features depend on your plan (Starter, Pro, or Enterprise). EngageBay reserves the right to add, change, or discontinue features, provided that material changes are announced in advance.
3. Account registration and access
An account is required to use the Services. You must provide truthful information and keep your login credentials confidential.
You are responsible for all activity that occurs under your account. If you suspect unauthorized access or use, you must notify us immediately.
We reserve the right to suspend or terminate accounts that violate these Terms.
4. Acceptable use
You must not use the Services for illegal, harmful, or abusive purposes. In particular, you must not: send spam or unsolicited bulk emails without valid consent, send emails with fraudulent, misleading, or unlawful content, distribute malware, viruses, or other harmful code, use the Services for phishing or identity deception, or otherwise disrupt our infrastructure or other users.
Violations may result in immediate account suspension. ${n} reserves the right to report abuse or illegal activity to relevant authorities.
5. Pricing and payment
Current pricing is shown on our pricing page. All prices are exclusive of applicable taxes.
Billing is monthly or annual in advance, depending on your selected plan. Payments are processed through our payment provider, Stripe.
If payments are overdue, we may restrict access to the Services after a reminder with a 14‑day grace period.
We may adjust pricing over time. Price increases will be announced by email at least 30 days before they take effect. You may cancel your account at the time of such a change.
6. Termination
You may cancel your account at any time in your account settings. Cancellation takes effect at the end of the current billing period.
${n} may terminate the contractual relationship with 30 days’ notice. We reserve the right to terminate without notice in cases of serious breaches of these Terms.
After termination, you have 30 days to export your data. Thereafter, all account data will be permanently deleted.
7. Intellectual property
All rights in the software, marks, and content of EngageBay are exclusively owned by EngageBay GmbH. You are granted a non‑exclusive, non‑transferable license to use the Services for the term of the agreement.
Content you create (emails, templates, lists) remains your property. You grant us a limited license to use that content solely as necessary to provide the Services.
8. Liability
${n} is fully liable for damages resulting from injury to life, body, or health, and for damages caused by willful or grossly negligent conduct.
In case of slight negligence, ${n} is only liable for breaches of material contractual obligations, and liability is limited to the foreseeable, contract‑typical damages.
EngageBay is not liable for damages caused by force majeure, outages of third‑party providers, or by your unlawful or abusive use of the Services.
Total aggregate liability is limited to the amount you paid to ${n} in the preceding 12 months.
9. Availability and SLA
EngageBay targets an availability of 99.9% (Service Level Agreement). Planned maintenance is announced at least 48 hours in advance.
If uptime falls below the agreed SLA for more than 24 consecutive hours, you are entitled to a proportional service credit.
10. Final provisions
These Terms are governed by the law of the Federal Republic of Germany. The exclusive place of jurisdiction is Berlin if you are a merchant, a legal entity under public law, or a special public‑sector fund.
If any provision is or becomes invalid, the remaining provisions remain in full effect.
Changes to these Terms will be announced by email at least 30 days before they take effect. For material changes, you may terminate your account early without penalty.