Terms of Service – EngageMinty

About these Terms

These Terms of Service govern technology, CRM, automation, AI-assisted, website, search, advertising, managed and related professional services supplied by ENGAGEMINTY LTD to business customers only. They do not govern purchases made wholly or mainly outside a trade, business, craft or profession.

ENGAGEMINTY LTD is registered in England and Wales under company number 15450941. Its registered office is 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX. General enquiries may be sent to hello@engageminty.com.

A business accepts these Terms by accepting a proposal or order, purchasing or subscribing to a service, creating or using an EngageMinty account, or continuing to use a service after being given these Terms.

Orders, scope and contract priority

Customer-specific scope, price, dates, assumptions, dependencies and exceptions are set out in the accepted proposal or order. Work outside that scope requires written agreement and may change the price or timetable.

If documents conflict, the order of priority is: the accepted proposal or order; an applicable service schedule; these Terms of Service; then website descriptions and general marketing material. Marketing copy does not silently expand the agreed scope.

Technology Discovery is a bounded £399 discovery service, not a prototype or production build. Bespoke implementation follows Discovery → Scope → Proposal → Build and remains individually scoped. Any project credit applies only under the conditions stated in the accepted proposal or service description.

Prices and payment timing

One-time services and setup fees are paid upfront unless an order specifies milestones. Subscriptions and managed services are paid in advance for each billing period. Advertising spend and substantial third-party costs must be funded before they are incurred. A larger project proposal may expressly use another arrangement.

Communications, telephone, AI, licences, media spend and other metered or third-party usage are separate unless expressly included. Stripe processes online card payments. EngageMinty does not receive or store complete card numbers or card security codes.

Fees for properly completed work, committed capacity and non-cancellable supplier costs are non-refundable except where the contract expressly says otherwise or applicable law requires it.

Platform wallet and usage

CRM and related platform customers fund a platform wallet held by EngageMinty. Eligible communications, telephone, AI and other metered usage is deducted from the available balance. A service may stop when the balance is insufficient.

Wallet credits are prepaid service credits, not a bank account. They do not earn interest, cannot be transferred and cannot be exchanged for cash. Wallet credits are generally non-refundable once credited, except where required by law or an underlying provider, or where EngageMinty agrees that a payment was duplicated or made in error.

Automatic top-up is optional and disabled by default. Before activation, the customer chooses the trigger balance and top-up amount. Each charge generates a receipt, and the customer can disable automatic top-up. Rapid usage or a faulty workflow may trigger multiple top-ups. Monthly limits or usage ceilings may be available where technically supported, but controls and warnings are safeguards rather than guarantees.

Customer-generated usage

The customer must review, test and monitor workflows that it or its users create, import, activate or materially change. Charges caused by customer configuration, imported lists, customer-supplied data, compromised customer credentials or third-party integrations outside EngageMinty’s control remain payable, including unintended bulk messages, calls or AI usage.

EngageMinty is not required to detect every configuration mistake or abnormal-use event. This does not exclude responsibility for usage caused directly by EngageMinty’s failure to exercise reasonable care and skill when performing an agreed managed configuration service.

Failed subscription payments

A failed subscription payment causes immediate suspension. Workflows and outgoing communications stop; websites, funnels and forms hosted on the CRM go offline. The customer may log in only to update payment details and reactivate the account.

During suspension, the customer cannot access incoming messages, emails or other account data. EngageMinty does not promise that incoming communications will continue to be received or retained while an account or underlying communication service is suspended.

If payment remains overdue for more than 48 hours, EngageMinty may apply a one-time late-payment fee equal to the greater of £10 or 5% of the overdue amount. It is applied once to each overdue payment and does not recur daily, weekly or monthly.

After seven days of non-payment, existing telephone numbers may be released. After 14 days with neither payment nor customer contact, EngageMinty may terminate the account and delete its customer data. These outcomes may be irreversible.

Temporary financial difficulty

EngageMinty exists to help businesses grow. A customer experiencing temporary financial difficulty is encouraged to contact us as early as possible. EngageMinty may, at its discretion and without creating an entitlement, consider temporary support such as a reduced fee or alternative payment arrangement.

Any arrangement must be confirmed in writing. Contact, silence or an informal discussion does not by itself pause payment, suspension, number-release or termination deadlines.

Cancellation, termination and customer data

Monthly rolling services require 30 days’ notice. Fixed-term services continue until the end of the committed term; cancellation stops renewal but does not remove payments committed for that term. One-time project cancellation follows the accepted proposal, and completed work, committed time and non-cancellable third-party costs remain payable.

Cancellation must be submitted through an available account-cancellation function or another written method EngageMinty accepts. For email cancellation, an email acknowledgement of cancellation must be received from EngageMinty. Saying an email was sent, or producing a sent-email record, is not sufficient confirmation.

The 30-day notice begins when EngageMinty sends its acknowledgement. EngageMinty should normally acknowledge a valid request within two business days. Stopping use or removing a payment method does not cancel a service.

Voluntary exit and export

The customer is responsible for exporting required data before service ends. EngageMinty will provide available standard export tools or a standard export where reasonably practical. Custom migration, data cleaning, transformation or transfer assistance is separately chargeable.

Account access ends with the service. EngageMinty may delete account data 30 days after voluntary termination unless law or an agreed Data Processing Agreement requires otherwise. Backups may remain temporarily until overwritten through the normal backup cycle. Released telephone numbers, domains and third-party assets may not be recoverable. This voluntary-exit window is separate from the 14-day non-payment process.

Delivery, changes and acceptance

Delivery dates are estimates unless an accepted proposal expressly guarantees a deadline. Timelines depend on timely payment, access, materials, decisions, feedback and approvals.

Customer-caused delay extends the timetable, and EngageMinty may reschedule work when required information or approval is late. Materially additional requirements need written change control and may produce revised fees and timing. Silence does not authorise additional work.

Included revisions and acceptance criteria are set out in the proposal. A customer cannot withhold approval because of requirements or preferences outside the agreed scope.

When a project deliverable is presented for acceptance, the customer has five business days to report specific material failures against the agreed scope. If no material issue is reported, the deliverable is treated as accepted. Publishing, launching, using or commercially relying on it also constitutes acceptance.

EngageMinty will correct verified scope failures within a reasonable period. New preferences, additional features and later changes are not defects and may be charged separately. A hidden defect that could not reasonably have been identified during review is not waived solely because the review period ended.

Customer responsibilities and acceptable use

The customer confirms that it owns or has permission to use all data, branding, content, contact lists and other materials it supplies; that its instructions and intended use are lawful; and that imported contacts were collected lawfully with the permissions required for each communication channel.

The customer is responsible for supplied information and final approval of claims, prices and content. EngageMinty may rely on instructions from authorised customer representatives unless there is an obvious concern.

EngageMinty may refuse or suspend work that reasonably appears unlawful, deceptive, infringing, unsafe or contrary to the Acceptable Use Policy. The customer is responsible for claims arising from its supplied materials or instructions except to the extent EngageMinty independently introduced the problem.

The customer remains responsible for business decisions, legal and regulatory duties, account security, internal approvals, reviewing significant AI outputs and verifying information before relying on it.

Intellectual property and licences

Customers retain ownership of their pre-existing data, branding and materials. Ownership of final agreed genuinely bespoke deliverables transfers only after full payment unless the proposal expressly says otherwise. Drafts, rejected concepts and unpaid work remain EngageMinty property.

EngageMinty retains its pre-existing code, tools and systems, reusable templates and workflow frameworks, general methods, knowledge and experience, and components developed for use across multiple customers. The customer receives the licence reasonably required to use retained EngageMinty components embedded in a fully paid deliverable.

Third-party software, CRM functionality, plugins, fonts, media and open-source components remain subject to their respective licences. Subscription-platform configurations remain usable only while the relevant subscription and third-party services are active.

Service standard, outcomes and Fit Guarantee

EngageMinty provides services with reasonable care and skill but does not promise uninterrupted or error-free operation.

Unless an accepted written guarantee expressly says otherwise, EngageMinty does not guarantee leads, appointments, rankings, traffic, revenue, profit, savings, reviews, AI accuracy, message delivery or response rates, reduced no-shows, regulatory approval or platform acceptance. Forecasts, estimates and recommendations are professional opinions based on available information, not guaranteed outcomes.

60-Day Fit Guarantee for the Solo offer

This is a partial Fit Guarantee, not a full money-back guarantee. The customer must complete onboarding within 14 days; configure the agreed core features; use the platform for genuine business activity; permit inspection of relevant configuration and usage records; request, book and attend the free 30-day and 60-day review calls; and complete reasonable relevant actions agreed during the reviews.

The 60-day review must be requested before day 60. The customer must attend the earliest reasonably available appointment and submit its claim within seven calendar days after that review.

An eligible claim refunds 50% of the recurring Solo subscription fees paid during the first 60 days and ends the remaining commitment. Setup fees, wallet and communications usage, third-party purchases and bespoke work are non-refundable. The optional free 90-day review applies only to customers who continue after the guarantee period.

Third-party services

Third-party services remain governed by their own terms, policies, availability and approval decisions. EngageMinty cannot guarantee that a provider will approve, retain or continue an account, number, integration, message route or feature. Providers may change pricing, functionality, limits and policies.

EngageMinty may pass through resulting usage-price changes or propose a reasonable substitute. If a critical provider discontinues something, EngageMinty may migrate, modify or withdraw affected functionality. Customers must maintain third-party accounts, permissions and payment methods assigned to them.

EngageMinty remains responsible for reasonable care when selecting, configuring or managing providers within the agreed service, but not for a provider’s independent failure.

Confidentiality, data protection and publicity

Each party must protect the other’s confidential business, technical and commercial information and use it only to perform or receive the services. Access is limited to personnel, contractors and professional advisers who need it and are bound by confidentiality duties.

This does not cover information already lawfully known, independently developed, publicly available without breach or lawfully received from another source. Legally required disclosure is permitted, with advance notice where legally allowed.

On termination, confidential information should be returned or deleted where reasonably requested, subject to legal retention and routine backups. General confidentiality continues for five years after termination. Trade secrets remain protected while they remain trade secrets. Personal data is governed by the Privacy Policy and any applicable Data Processing Agreement.

EngageMinty may not publicly use a customer’s name, logo, testimonial, project details or results without explicit permission. Permission may be limited to approved wording, assets and channels; materially changed copy, new metrics or new quotations require fresh approval. Permission may be withdrawn for future publicity but does not require recalling printed material or reversing completed lawful publication.

Liability

EngageMinty is not liable for indirect or consequential losses, lost profits, lost opportunities, loss of goodwill or anticipated savings.

Total liability for a recurring service is capped at fees paid for the affected service during the previous 12 months. Liability for a one-time project is capped at fees paid for the affected project.

EngageMinty is not responsible for failures caused by customer actions, unsupported changes, third-party platforms, internet or carrier outages, or events outside its reasonable control. Nothing excludes liability that cannot legally be excluded, including death or personal injury caused by negligence, fraud or fraudulent misrepresentation. Data-protection liability remains subject to applicable law and any agreed Data Processing Agreement.

Events outside control and general terms

Neither party is liable for delay or failure caused by events reasonably outside its control, including major internet or carrier outages, cyberattacks not caused by its own failure, natural disasters, war, civil disturbance, government action, labour disruption or widespread supplier failure.

The affected party must notify the other and take reasonable steps to reduce disruption. Deadlines extend for the duration. Payment remains due for completed services and incurred usage. If a material service cannot continue for 30 consecutive days, either party may terminate it in writing. Prepaid amounts for undelivered future service will be credited or refunded where appropriate, excluding committed third-party costs.

Disputes and governing law

The contract is governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction. Before ordinary proceedings, authorised representatives should try in good faith to resolve a dispute for 14 days. Mediation is available if both agree. This does not prevent urgent court action, protection of confidential information or intellectual property, or recovery of an undisputed overdue debt.

Changes and closing provisions

EngageMinty may update these Terms for legal, security, supplier or service changes. Material changes normally receive 30 days’ advance notice and cannot retroactively change completed orders or incurred fees. Continued use after the effective date accepts revised Terms. A customer may cancel an affected monthly service before a materially adverse change takes effect.

Customers may not transfer the contract without EngageMinty’s written consent. EngageMinty may transfer it as part of a restructuring, merger or sale if customer rights are not materially reduced. An invalid provision is removed or narrowed without invalidating the remainder. Delayed enforcement is not a waiver. The contract creates no partnership, employment or agency relationship, and only the contracting parties may enforce it.

Formal notices use the details in the accepted order or the latest details properly notified by either party.