Enga.gd Terms of Service

Last updated: 12 May 2025

Welcome to Enga.gd ("we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of the Enga.gd website, web application, APIs, and related services (collectively, the "Service"). By creating an account, scanning a QR code, clicking "I agree," or otherwise using the Service, you agree to be bound by these Terms. If you do not accept the Terms, do not use the Service.

1. Definitions

Term Meaning
"Account" The registered profile you create to access the Service.
"Event Host" The paying customer or organization that sets up an event or campaign in Enga.gd.
"Participant" An end user who interacts with an event by scanning a QR code, clicking a link, or completing a form.
"Content" All data, text, images, video, code, and other material uploaded to or generated in the Service.
"Subscription" A paid plan granting time‑limited access to premium features of the Service.

2. Eligibility & Account Registration

  1. You must be at least 18 years old (or the age of majority in your jurisdiction) to create an Account or become an Event Host.
  2. You agree to provide accurate, current, and complete information during registration and to keep your Account information up to date.
  3. You are responsible for all activities that occur under your credentials. Keep your password secure and notify us immediately of any unauthorized use.

3. Subscriptions, Fees & Billing

  1. Plans & Pricing. Details of current Subscription tiers, features, and prices are displayed within the Service or on our pricing page.
  2. Billing Cycle. Subscriptions automatically renew at the end of each billing period (monthly or annually, as selected) unless you cancel before renewal.
  3. Payment Method. You authorize us (and our third‑party payment processors) to charge your chosen payment method for all applicable fees and taxes.
  4. Refunds. All payments are non‑refundable, except where required by law.
  5. Price Changes. We may change Subscription prices with at least 30 days' notice sent to your Account email or displayed in the Service.

4. Cancellation & Termination

  1. By You. You may cancel a Subscription at any time in Account settings; access continues until the current billing period ends.
  2. By Us. We may suspend or terminate your access immediately if:
    • (a) you breach these Terms or our Acceptable‑Use Policy; or
    • (b) continuing to provide the Service could create legal, security, or technical risk.
  3. Upon termination, your right to use the Service ceases. Sections that by their nature should survive (e.g., User Content license, indemnity, limitation of liability) will remain in effect.

5. Acceptable‑Use Policy

You agree not to:

  • Violate any applicable law or regulation.
  • Upload, transmit, or promote content that is unlawful, harmful, defamatory, obscene, or hateful.
  • Send spam, phishing messages, or unsolicited promotional content through the Service.
  • Introduce malware, scraping, or other automated systems that degrade Service performance.
  • Harvest or misuse personal data of Participants without lawful basis and consent.
  • Interfere with or disrupt the integrity or performance of the Service or third‑party services it depends on.

We reserve the right to remove Content, suspend events, or terminate Accounts for violations.

6. User Content & License

  • Ownership. You retain all rights in Content you submit.
  • License to Us. You grant Enga.gd a worldwide, non‑exclusive, royalty‑free license to host, reproduce, display, and otherwise use your Content solely to operate and improve the Service.
  • Event Host Responsibilities. Event Hosts represent that they have obtained all rights, consents, and permissions necessary to upload Content and to allow Participants' data to be collected and processed.
  • DMCA Policy. If you believe Content infringes your copyright, send a notice to legal@enga.gd with the information required by the Digital Millennium Copyright Act; we will respond as required by law.

7. Third‑Party Services & Integrations

The Service may integrate with Zoom, Stripe, Google APIs, or other third‑party services ("TPS"). Your use of any TPS is governed solely by that provider's terms and policies, and Enga.gd is not liable for acts or omissions of any TPS.

8. Privacy, Cookies & Security

  • Privacy. How we collect, use, and share personal information is described in our Privacy Policy.
  • Cookies. How we use cookies and similar technologies is described in our Cookie Policy. You control cookie preferences in your browser.
  • Security. Our technical and organizational security measures are described in our Security page. You acknowledge that no Internet transmission is 100% secure and share responsibility for safeguarding access credentials.

9. Intellectual Property

The Service, including its software, design, graphics, and trademarks, is owned by Enga.gd or its licensors and protected by intellectual‑property laws. Except for the limited licence granted in section 6, no rights are granted to you by implication or otherwise.

10. Feedback

If you provide comments, ideas, or suggestions ("Feedback"), you grant us an unlimited, irrevocable, royalty‑free license to use the Feedback for any purpose without attribution or compensation.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ENGA.GD, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED (A) CAD $100 OR (B) THE AMOUNT YOU PAID TO ENGA.GD IN THE 12 MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold Enga.gd and its affiliates harmless from any claim, demand, loss, or damages (including reasonable legal fees) arising out of or related to: (a) your events or Content; (b) your use or misuse of the Service; or (c) your breach of these Terms.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict‑of‑law provisions. The parties irrevocably submit to the exclusive jurisdiction of the courts in Toronto, Ontario for any dispute arising out of these Terms or the Service.

15. API Licence & Usage Limits

  • Licence Grant. Subject to these Terms, Enga.gd grants you a non-exclusive, revocable licence to access and use the API solely to integrate your Enga.gd Organization with approved third-party services (e.g., Zapier, Make, or Zoom).
  • Authentication & Security. You must keep API keys and webhook URLs confidential and rotate them promptly if you suspect compromise.
  • Rate Limits. Unless otherwise agreed in writing, you will not exceed 10 requests per second or 1 000 requests per day. Enga.gd may modify limits or throttle requests that degrade Service performance.
  • Prohibited Uses. You may not (a) reverse-engineer the API, (b) resell, sublicence, or expose the API to untrusted parties, or (c) use the API to violate applicable law, including spam or privacy regulations.
  • Termination. Enga.gd may revoke API access at any time for misuse or security risk without affecting other contractual rights.

16. Changes to Terms

We may modify these Terms from time to time. Material changes take effect 30 days after we notify you by email or post a notice in the Service. Your continued use after the effective date constitutes acceptance. If you disagree, stop using the Service before the new Terms become effective.

17. Entire Agreement & Severability

These Terms, together with the Privacy Policy, Cookie Policy, and any applicable Subscription order form, constitute the entire agreement between you and Enga.gd regarding the Service. If any provision is held unenforceable, the remaining provisions remain in full force.

18. Contact Us

Questions about these Terms? Reach us at ltrahan@learngistics.com or by mail:

Enga.gd (Learngistics)

750 Sammon Avenue

Toronto, ON M4C 2E5

Canada

Thank you for using Enga.gd and making events more engaging!