Terms of Service

1. Acceptance of These Terms

These Terms of Service (the "Terms") are a binding agreement between you (or the entity you represent) ("you" or "Customer") and Engentfy LLC, a Florida limited liability company ("Engentfy," "we," "us," or "our"). By creating an account, accessing, or using the Sites or Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Sites or Services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity.

2. Definitions

• "Sites" — engentfy.com and Engentfy's subdomains.
• "Services" — the Engentfy software products, including Workforce, Suppliers, Community, and Newsletter, together with related APIs, tools, content, documentation, and support.
• "Customer Data" — all data, content, files, communications, and information that you or your Authorized Users submit to or generate through the Services, including Lead Data and Customer Communications.
• "Lead Data" — personal information about prospects, leads, clients, or other contacts that you upload, import, capture, or otherwise provide to the Services.
• "Customer Communications" — emails, text messages, calls, chat messages, voicemails, and other communications you originate or receive through the Services.
• "Authorized Users" — your employees, contractors, or other individuals you authorize to use the Services under your account.
• "Applicable Laws" — all applicable federal, state, local, and foreign laws, rules, regulations, and orders, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Telemarketing Sales Rule, state telemarketing and consumer protection statutes, the Fair Housing Act, RESPA, GDPR / UK GDPR, CCPA / CPRA and other U.S. state privacy laws, and laws governing real estate brokerage, advertising, and licensing.

3. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract. The Services are not available to anyone previously suspended or removed by Engentfy. By using the Services, you represent that you meet these requirements and that your use will not violate Applicable Laws.

4. Accounts

You must provide accurate, complete, and current information when creating an account and keep it updated. You are responsible for all activity under your account, for safeguarding your credentials, and for the actions of your Authorized Users. Notify us immediately at [email protected] of any unauthorized access or security incident affecting your account.

5. Subscriptions, Fees, Billing & Renewals

Some Services are offered on a paid subscription basis. By subscribing, you agree to pay the fees listed at checkout in U.S. dollars, plus applicable taxes. Unless stated otherwise, subscriptions automatically renew at the end of each billing period at the then-current rate, until cancelled by you or terminated by us.

• Auto-renewal & cancellation. You may cancel at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period; you remain responsible for fees already incurred.
• No refunds. Except where required by Applicable Law, fees are non-refundable, including for partial periods, downgrades, and cancellations made before the end of a billing period.
• Price changes. We may change pricing for future billing periods on at least 30 days' notice (which may be by email or through the Services). Continued use after the change constitutes acceptance.
• Late payment. Past-due balances accrue interest at 1.0% per month (or the maximum permitted by law, whichever is lower) and we may suspend the Services until the balance is paid.
• Taxes. Fees are exclusive of taxes. You are responsible for sales, use, VAT, and similar taxes other than taxes on Engentfy's net income.
• Disputes. Billing disputes must be raised in good faith within 30 days of the invoice date.

6. Free Trials, Free Plans & Beta Features

We may offer free trials, free plans, or beta or early-access features. Free trials and free plans may be modified or discontinued at any time. Beta features are provided "as is" for evaluation only, may contain bugs, and are not subject to any service-level commitment. We may discontinue beta features at any time without liability.

7. License Grant; Restrictions

Subject to your compliance with these Terms and payment of all fees, Engentfy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes during your subscription term.

You will not, and will not permit any Authorized User or third party to:

• Copy, modify, translate, or create derivative works of the Services;
• Reverse engineer, decompile, disassemble, or attempt to derive source code, except as Applicable Law expressly permits;
• Resell, sublicense, rent, lease, or provide the Services to a third party as a service bureau or commercial offering;
• Use the Services to build a competing product, or benchmark the Services for competitive purposes;
• Scrape, crawl, or use automated means to access the Services beyond rate limits we publish or set;
• Interfere with or disrupt the Services, or attempt to gain unauthorized access to any system, account, or data;
• Remove or alter any proprietary notices in the Services;
• Use the Services in a manner that violates Applicable Laws or third-party rights.

8. Customer Data; License to Engentfy

As between you and Engentfy, you own all Customer Data. You grant Engentfy a worldwide, non-exclusive, royalty-free license to host, store, transmit, copy, display, and otherwise process Customer Data solely as necessary to (a) provide and improve the Services to you, (b) prevent or address technical or security issues, (c) comply with Applicable Laws and lawful requests, and (d) create aggregated or de-identified data that does not identify you, your Authorized Users, or any individual.

You represent and warrant that (i) you have all rights, consents, and authority necessary to upload Customer Data and permit the processing described in these Terms and our Privacy Policy, and (ii) Customer Data does not violate Applicable Laws or third-party rights.

9. Acceptable Use

You will not use the Services to:

• Send unlawful, deceptive, harassing, defamatory, threatening, obscene, or discriminatory content;
• Send spam or bulk unsolicited communications in violation of CAN-SPAM, the TCPA, or any anti-spam law;
• Engage in phishing, pretexting, fraud, identity theft, or any deceptive practice;
• Upload viruses, worms, malware, or any code that may damage or disrupt systems;
• Discriminate against any person on the basis of race, color, religion, sex, familial status, national origin, disability, or any other characteristic protected by the Fair Housing Act or other Applicable Laws;
• Misrepresent your identity, affiliation, license status, or the source of any communication;
• Violate the rights (including privacy and intellectual property rights) of any third party.

10. Communications Compliance — TCPA, CAN-SPAM & State Laws

You represent, warrant, and covenant that, with respect to every Customer Communication you originate through the Services:

• You have the prior express consent (and, where required, prior express written consent) of each recipient as required by the TCPA, the FCC's implementing rules, and applicable state laws;
• You will honor opt-out, do-not-call, do-not-text, do-not-email, and unsubscribe requests promptly and at minimum as required by Applicable Laws;
• You will scrub against the federal Do-Not-Call Registry and any applicable state DNC lists at the frequency required by law;
• You will not initiate calls or texts to wireless numbers using any automatic telephone dialing system, artificial or prerecorded voice, or A2P 10DLC infrastructure without proper consent;
• You will identify yourself or your business in commercial messages and provide a functional opt-out mechanism in marketing emails as required by CAN-SPAM and CASL;
• You will maintain documentation of consent, opt-outs, and DNC scrubbing for at least 5 years (or longer if required by law);
• You will comply with all carrier and messaging provider requirements (including registration, content policies, and throughput limits) for SMS, MMS, RCS, and voice traffic;
• You are solely responsible for any fines, penalties, carrier surcharges, or claims arising from your communications, and you will reimburse Engentfy for any such amounts assessed against us due to your activity.

11. Fair Housing & Anti-Discrimination

Real estate is subject to fair housing and anti-discrimination laws including the federal Fair Housing Act, state and local fair housing statutes, and (where applicable) the Equal Credit Opportunity Act and REALTOR® Code of Ethics. You are solely responsible for ensuring that your use of the Services — including audience targeting, segmentation, content, and outreach — complies with these laws. You will not use the Services to make, print, or publish any notice, statement, or advertisement that indicates a preference, limitation, or discrimination on the basis of race, color, religion, sex, familial status, national origin, disability, or any other protected characteristic.

12. Real Estate Licensing, MLS & Brokerage Compliance

You represent and warrant that you hold all real estate licenses, brokerage authorizations, MLS memberships, and other professional credentials required by Applicable Laws and the rules of your jurisdiction and any MLS, association, or franchise to which you belong. You are solely responsible for compliance with MLS, IDX, VOW, RESPA, advertising-disclosure, escrow, agency-disclosure, and similar rules applicable to your business.

13. Third-Party Services & Integrations

The Services may interoperate with third-party services that you choose to enable. Those services are provided by third parties, are governed by their own terms, and are not Engentfy's responsibility. We may suspend, modify, or discontinue any integration at any time. You are responsible for your agreements with any third-party service provider and for any data you choose to share with them.

14. Intellectual Property

Engentfy and its licensors own all right, title, and interest in and to the Services, including all software, content, designs, trademarks, service marks, logos, and documentation, and all intellectual property rights therein. Except for the limited license granted in Section 7, no rights are granted to you by implication, estoppel, or otherwise.

15. Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant Engentfy a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use that feedback for any purpose without restriction or compensation to you.

16. Confidentiality

Each party may disclose confidential information to the other in connection with the Services. The receiving party will (a) protect the confidential information using at least the same care it uses for its own confidential information of similar sensitivity (and no less than reasonable care), (b) use it solely to perform under these Terms, and (c) disclose it only to personnel and contractors who need to know and are bound by confidentiality obligations. Confidential information does not include information that is public, independently developed, or rightfully obtained from a third party without confidentiality obligations.

17. Privacy & Data Processing

Engentfy's collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms. To the extent Engentfy processes personal information from individuals located in the EEA, UK, Switzerland, California, or other jurisdictions whose laws require a written data processing agreement, the parties agree that the Engentfy Data Processing Addendum (available on request at [email protected]) is incorporated by reference and applies.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, SITES, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ENGENTFY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

ENGENTFY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. ENGENTFY DOES NOT PROVIDE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR FINANCIAL ADVICE, AND NOTHING IN THE SERVICES SHOULD BE CONSTRUED AS SUCH. YOU ARE SOLELY RESPONSIBLE FOR YOUR BUSINESS DECISIONS AND FOR YOUR COMPLIANCE WITH APPLICABLE LAWS.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENGENTFY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, REPUTATION, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ENGENTFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ENGENTFY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO ENGENTFY UNDER THE APPLICABLE SUBSCRIPTION IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). MULTIPLE CLAIMS DO NOT ENLARGE THIS CAP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW. THE LIMITATIONS IN THIS SECTION FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

20. Indemnification

You will defend, indemnify, and hold harmless Engentfy and its officers, directors, employees, agents, affiliates, suppliers, and licensors from and against any third-party claims, demands, suits, proceedings, losses, damages, liabilities, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer Data; (b) Customer Communications and your use of the Services to communicate with consumers; (c) your violation of Applicable Laws, including the TCPA, CAN-SPAM, the Fair Housing Act, real estate licensing rules, and privacy laws; (d) your breach of these Terms; (e) your violation of any third-party rights; (f) any dispute between you and a third party (including any of your leads, clients, Authorized Users, or counterparties); and (g) any access to or use of the Services using your credentials.

Engentfy may, at its option, assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate in asserting any available defenses. You will not settle any claim that imposes any obligation or liability on Engentfy without our prior written consent.

21. Term, Suspension & Termination

These Terms remain in effect while you have an account or use the Services. Either party may terminate these Terms at any time by closing your account (you) or providing notice (Engentfy). Engentfy may also suspend or terminate your account or access immediately, with or without notice, if we reasonably believe (a) you have violated these Terms or any Applicable Law, (b) your use creates risk to Engentfy, other users, or third parties, (c) we are required to do so by law or a regulator, or (d) your account is past due.

Upon termination: (i) your right to use the Services ends immediately; (ii) all unpaid fees become immediately due; (iii) you may request export of Customer Data within 30 days; (iv) we may delete Customer Data thereafter, subject to backup roll-off and legal retention obligations. Sections that by their nature should survive termination (including Sections 8, 14–17, 18–20, 22–24, and 26) will survive.

22. Governing Law; Mandatory Arbitration; Class-Action Waiver

Governing law. These Terms and any dispute arising out of or related to them or the Services are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Mandatory arbitration. Except as set forth below, any dispute, claim, or controversy between you and Engentfy arising out of or relating to these Terms or the Services (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Consumer Arbitration Rules (as applicable), in Orange County, Florida, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. YOU AND ENGENTFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable, then the entirety of this arbitration agreement is null and void.

Exceptions. Either party may (a) bring an individual action in small-claims court for disputes within its jurisdiction; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality, or these Terms; and (c) bring an enforcement action, validity determination, or claim arising from or relating to theft, piracy, or unauthorized use in any court of competent jurisdiction.

Opt-out. You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms, stating your name, account email, and clear intent to opt out. Opting out will not affect any other provision of these Terms.

Forum for non-arbitrable claims. For any Dispute not subject to arbitration, you and Engentfy submit to the exclusive jurisdiction of the state and federal courts located in Orange County, Florida and waive any objection to venue or inconvenient forum.

23. DMCA & Copyright

We respect intellectual property rights and respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA). To submit a notice, contact our designated agent at [email protected] with: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material that is claimed to be infringing and where it is located on the Services; (d) your contact information; (e) a statement that you have a good-faith belief that use of the material is not authorized; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on behalf of the owner. We may terminate the accounts of repeat infringers.

24. Export Controls & Sanctions

You will comply with all U.S. and other applicable export control and economic sanctions laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government denied-party list. You will not access or use the Services from any embargoed country or in violation of any export law.

25. Force Majeure

Neither party will be liable for any delay or failure to perform (other than payment obligations) due to events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, pandemic, epidemic, government order, internet or utility outage, or third-party service provider failure.

26. Modifications to the Services and Terms

We may modify, suspend, or discontinue any part of the Services at any time. We may also revise these Terms from time to time by posting the updated Terms with a new "Last updated" date and, where appropriate, providing notice through the Services or by email. Material changes will take effect no earlier than 30 days after notice unless they relate to legal or security matters that require immediate effect. Your continued use of the Services after the effective date constitutes acceptance.

27. Notices

We may provide notices to you by email to the address associated with your account or by posting in the Services. You may provide legal notices to Engentfy at:

Engentfy LLC
407 Wekiva Springs Rd., Ste. 207
Longwood, FL 32779, United States
Email: [email protected]

28. Assignment

You may not assign these Terms or any of your rights or obligations without Engentfy's prior written consent; any unauthorized assignment is void. Engentfy may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of all or part of its business, or otherwise on notice to you.

29. Severability; Waiver

If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect. No waiver of any provision is a continuing waiver, and Engentfy's failure to enforce any right is not a waiver of that right.

30. Entire Agreement

These Terms, together with the Privacy Policy and any order forms, addenda, or policies expressly incorporated by reference, constitute the entire agreement between you and Engentfy regarding the Services and supersede all prior or contemporaneous agreements, communications, and proposals on the subject.

31. Contact

Questions about these Terms? Contact us at [email protected].