Last updated July 4, 2026 · Version 1.0
These Terms of Service ("Terms") form a binding agreement between Enginely ("Enginely," "we") and the company or individual accepting them ("Customer," "you") governing use of the Enginely software-as-a-service platform (the "Service").
By checking "I agree to the Terms of Service and Privacy Policy" during account setup, you accept these Terms on behalf of yourself and, if applicable, the company you represent. Continuing to use a link on this page without checking that box is not acceptance. If you do not agree, do not create an account.
Enginely provides a web-based business-operations tool — weekly meeting rhythm, scorecards, priorities tracking, and issues lists — delivered as a hosted, multi-tenant SaaS application. Enginely may modify, add to, or remove features at its discretion, provided such changes do not materially reduce the core functionality Customer is paying for during a committed term.
An authorized representative of Customer must accept these Terms before any account is provisioned. Enginely records the timestamp, user identity, and version of the Terms accepted. If Enginely materially changes these Terms, Customer will be asked to re-accept before continuing to use the Service.
Customer is responsible for all activity under its account and for maintaining the confidentiality of login credentials, including those of its own invited team members.
"Customer Data" means all data Customer or its team members submit to the Service, including names, survey/pulse responses, scorecard metrics, and organizational structure data. As between the parties, Customer owns all Customer Data; Enginely holds only a limited license to host, process, and display it to provide the Service.
Where Customer Data includes personal data of Customer's employees or other individuals, Customer is the data controller and Enginely is the data processor, as described in our Privacy Policy and, for business customers, our Data Processing Agreement (available on request via Support).
Third-party beneficiaries. Customer's employees and other end users who access the Service through Customer's account are not parties to this agreement and have no direct contractual claim against Enginely arising out of these Terms. Customer is solely responsible for any notice, consent, or disclosure obligations it owes to its own employees or end users, including data breach notification to those individuals under applicable law.
Fees are as set out on the Pricing page or an applicable order form. Fees are non-refundable except as expressly stated in a refund policy or required by law. Enginely may suspend access for accounts more than 30 days past due on payment, upon prior notice.
Enginely uses commercially reasonable efforts to make the Service available 99.5% of the time in each calendar month, excluding scheduled maintenance and events outside Enginely's reasonable control.
Sole remedy. Customer's sole and exclusive remedy for any failure to meet this availability commitment is a service credit against future subscription fees, not to exceed one month's fees per incident.
Force majeure. Enginely is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including outages of underlying third-party cloud infrastructure (e.g., Google Cloud Platform / Firebase), internet backbone failures, or other force majeure events.
Enginely warrants the Service will perform materially in accordance with its published documentation. Except as expressly stated, the Service is provided "as is," and Enginely disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
Except for breaches of confidentiality, indemnification obligations, or gross negligence/willful misconduct, neither party is liable for indirect, incidental, consequential, or punitive damages, or any loss of profits, revenue, or data.
Except for those carve-outs, each party's total aggregate liability arising out of these Terms will not exceed the fees paid by Customer in the twelve (12) months preceding the event giving rise to the claim. This cap applies to all claims regardless of legal theory, including contract, tort, negligence, and unjust enrichment, and is Customer's sole monetary remedy for any such claim.
Enginely will defend Customer against third-party claims that the Service infringes a valid patent, copyright, or trademark. Customer will defend and indemnify Enginely against claims arising from Customer Data, Customer's misuse of the Service, or Customer's failure to obtain consents needed from its own employees/end users.
Each party will protect the other's confidential information with at least the same care it uses for its own confidential information, and not less than reasonable care.
Either party may terminate for the other's uncured material breach after 30 days' written notice. On termination, Enginely makes Customer Data available for export for 30 days before it may be deleted.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Any dispute not otherwise resolved will be brought exclusively in the state or federal courts located in Texas, and each party consents to personal jurisdiction there.
Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition, or sale of substantially all assets. These Terms, our Privacy Policy, and any order form constitute the entire agreement between the parties regarding the Service.