CXENGAGE Privacy Policy and Terms & Conditions

1.Definitions

CXENGAGE is a cloud communications platform that enables businesses to manage and streamline customer communication across various channels including SMS, Smart Messaging, WhatsApp Business (WABA), Communication Centers, and Business Intelligence tools. Services are delivered via a web-based portal, APIs, and SDKs, allowing seamless integration into business operations.

This Privacy Policy applies to CXENGAGE’s customers, prospective customers, their end-users, and visitors to www.cxengage.ai. By accessing or using CXENGAGE’s services or website, you agree to this Privacy Policy. If you disagree, you should not use our services or engage with our platform.

Note: If you are using a third-party application integrated with CXENGAGE, please refer to that application’s privacy policy. CXENGAGE is not responsible for how third-party developers or customers use or process personal data.

Our platform is intended for business use only. By using our services, you accept full responsibility for any content transmitted and for compliance with applicable regulations and ethical standards. Misuse or illegal use may result in service suspension and liability.

2.Information We Collect

We collect the following types of information to deliver and support our services:

   a.Communications Usage Data

Includes time, duration, source/destination identifiers, completion status, location, IP address, and volume of communications handled via CXENGAGE’s platform.

   b.Communications Content

We process content transmitted through our platform—this includes messages, calls, voicemails, and call recordings.

   c.Information Provided by You

This includes personal and business information shared when signing up, contacting support, or interacting with our platform. Examples: name, email, phone number, job title, company name, payment details, and submitted documentation.

   d.Automatically Collected Information

CXENGAGE and its analytics/advertising partners collect information such as IP addresses, browser types, cookies, and usage patterns when visiting our website.

 

3.How We Use Your Information

How your data is used depends on the services you use and your configuration. Uses include:

  • Service Delivery: Processing Customer Usage Data and Content to operate and maintain our platform.
  • Legal Compliance: To meet regulatory data retention or disclosure requirements.
  • Business Interests: To protect legal rights, comply with audits, or support merger/acquisition due diligence.

We do not sell or share your end users’ personal data for third-party marketing without explicit instruction or consent. Similarly, CXENGAGE does not use your customer data for its own marketing unless agreed.

  1. WABA & SMS Terms of Use – CXENGAGE

4.1. Definitions

  • Agreement: The contract between CXENGAGE and the client, including appendices.
  • Applicable Law: All relevant regulations or operator rules in jurisdictions where services are delivered.
  • Client: The business contracting with CXENGAGE.
  • End User: A natural person using Client’s service through CXENGAGE’s platform.
  • Platform: CXENGAGE’s cloud infrastructure for communication delivery.
  • Operator: A mobile or fixed network service provider.
  • Traffic: All communications data (e.g., SMS, MMS, OTT, RCS, voice, push).
  • Working Day: Monday–Friday, 08:30 to 17:00 CET, excluding Dutch public holidays.
  1. Scope and Applicability
  • These Terms & Conditions apply to all dealings between CXENGAGE and the Client, unless agreed otherwise in writing.
  • Any general terms from the Client are excluded unless expressly accepted.
  • Communications in electronic or written format are considered “in writing.”
  1. Offers and Pricing
  • All CXENGAGE offers are non-binding unless confirmed in writing.
  • Pricing is in the agreed currency (default: USD). VAT and other taxes are not included.
  • Pricing may change due to operator rates, legal changes, or annual CPI adjustments.
  • Payment terms: 14 days from invoice date unless otherwise agreed.
  1. Client Obligations
  • Maintain secure access to the CXENGAGE Platform.
  • Use services lawfully and with proper user consent.
  • Ensure communications are ethical and compliant with Applicable Law.
  • Cooperate with CXENGAGE and Operators by providing accurate business details.
  • Support audits and share required compliance data upon request.
  1. Warranties and Indemnity
  • Client warrants all content and usage complies with IP rights and laws.
  • Client indemnifies CXENGAGE against any claims, fines, or damages due to non-compliance.
  • CXENGAGE is not liable for losses from Client’s misuse or breach of contract.
  1. Suspension of Services
  • CXENGAGE may suspend services for violations of the Agreement, non-payment, or regulatory breaches.
  • The Client remains liable for charges during suspension.
  • Services may be permanently terminated if violations are repeated or severe.
  1. Platform Responsibilities
  • The Client is responsible for traffic up to the point of delivery to the CXENGAGE Platform.
  • CXENGAGE does not guarantee delivery by Operators or downstream connectivity.

 

  1. Payments and Disputes
  • Invoices must be paid in full unless validly disputed.
  • Disputes are allowed only for amounts exceeding €150 and 3% of the invoice total.
  • Disputed payments may be suspended only if exceeding 5% of the invoice.
  • Disputes unresolved after 20 Working Days may be escalated to a third-party expert.
  1. Confidentiality and Data Use
  • Both parties agree to keep confidential data private for at least one year post-contract.
  • Client data is used for service delivery, credit checks, fraud prevention, and may be shared with partners for those purposes.
  • CXENGAGE acts as Controller for the processing of data needed to deliver its services and complies with all relevant privacy laws.
  1. Liability
  • 13.1–13.3: CXENGAGE limits its liability, particularly for issues outside its control (like network outages), and excludes liability for indirect damages such as loss of profit, data, or goodwill.
  • 13.4: CXENGAGE’s total liability is capped at the average monthly invoice (max €50,000).
  • 13.5: The cap and exclusions don’t apply in cases of gross negligence, willful misconduct, or bodily harm.
  • 13.6: Beta services are “as-is”—CXENGAGE assumes no liability for issues from using them.
  • 13.7: Claims must be made within 10 working days of the damage, and the other party has 10 days to fix it.

Comment: The short claim notification window (10 days) is stricter than usual and may limit recourse. The liability cap is fairly typical for enterprise SaaS/service contracts, but make sure it aligns with the potential impact to your business.

  1. Force Majeure
  • Summary: CXENGAGE isn’t liable for delays or failures due to force majeure (e.g., strikes, terrorism, energy issues, supplier failures). Must notify the client within 10 working days.
  • Comment: Standard, but the list is very broad, including third-party failures, which may affect service reliability.
  1. Duration and Termination
  • 15.1–15.2: Default term is 1 year, auto-renewable unless agreed otherwise. Requires 3 months’ notice to terminate after the initial term.
  • 15.3: CXENGAGE can unilaterally terminate based on economic infeasibility with written notice.
  • 15.4–15.5: Either party can terminate for material breach (with notice/cure period) or insolvency, long-term force majeure, or regulatory change.
  • 15.6–15.7: Services already rendered remain payable even after termination. Key obligations (e.g., IP, confidentiality, liability) survive termination.

Comment: The unilateral termination on “economic grounds” (15.3) is unusual—vague and potentially risky for the client. You may want clearer limitations on this right.

  1. Transfer/Subcontracting
  • Summary: Assignment requires consent, except for affiliates or asset sales. CXENGAGE may freely subcontract, including to affiliates.
  • Comment: Fairly standard but means client has limited control over who processes its data or delivers services.
  1. Law and Disputes
  • Summary: Dutch law applies; disputes go to the Amsterdam court.
  • Comment: Standard for contracts with EU-based vendors.
  1. Miscellaneous
  • 18.3: CXENGAGE can unilaterally change terms, and if the client doesn’t object within 1 month, they are deemed accepted. If the client does object, CXENGAGE may cancel the agreement.
  • Comment: This is one-sided. The client’s only real power is to object or accept termination.

Part II: Data Processing

  1. Definitions & Scope
  • Covers processing of Personal Data where the client is the Controller, and CXENGAGE is the Processor.
  • Service Data (e.g., bounce rates, message volumes) is not considered personal and is owned by CXENGAGE.
  1. Client Obligations
  • Must ensure lawful processing, gain consent, and maintain records.
  • Must provide evidence of legal basis (e.g., consent or contract) if requested.
  1. CXENGAGE as Processor

21.1–21.4: CXENGAGE processes data only on the client’s instructions, must ensure confidentiality, and implement appropriate technical and organizational measures (TOMs).

21.5: CXENGAGE must help with Data Subject Requests (DSRs) like access or deletion. Client bears any resulting costs.

21.6–21.7: CXENGAGE must help with DPIAs, regulatory requests, and allows audits (with conditions, limited to once/year, reimbursed by client).

21.8: Maintains detailed records of processing.

21.9: May use affiliates or third-party sub-processors, but must ensure equivalent data protection terms.

21.10: In the case of a personal data breach, CXENGAGE must notify within 48 hours and assist with required reports.

 

Notable/Unusual Points in Part II:

  • Service Data carve-out: CXENGAGE explicitly claims ownership of aggregated usage data. Standard, but important for analytics and potential product development.
  • Audit terms: Heavily constrained and cost-reimbursable. You only get one audit per year and must agree on scope.
  • Sub-processor transparency: Acceptable, but no detailed list of sub-processors is provided in the terms.
  • Breach reporting timeline (48h): Solid and aligns with GDPR expectations.

 

  1. Data Retention & Deletion
  • Retention: Personal data is stored only as long as necessary for service delivery and legal compliance.
  • Post-retention: Data will be anonymized after the retention period ends.

 

23–24. Description & Purpose of Processing

  • Nature: CXENGAGE processes personal data strictly to provide services as per the agreement and client instructions.
  • Data Subjects: May include clients’ customers, employees, partners, and users.
  • Data Types: Name, contact info, and IP addresses.
  • Purpose: Solely to deliver the agreed services.

 

Part III – Messaging Services

25–26. SMS Messaging

  • Content Responsibility: Client is fully responsible for SMS content and legal compliance.
  • Message Limit: Standard limit is 50,000 messages. Notifications are sent at 75% usage.
  • Exceeding Limits: Additional payments or formal requests are required; CXENGAGE can suspend services if unpaid.
  1. Social Media & Push Messaging
  • Client Responsibility: Ensuring data security, compliance, and lawful consent from End Users.
  • CXENGAGE Disclaimer: Provides access “as-is” and is not responsible for platform rules or message content.
  • Platform Terms: Client must comply with each social media platform’s terms.

 

Part IV – Voice Services

  1. Voice Communication
  • Prohibited Uses: No spam, fraud, misuse of access codes, intellectual property infringement, etc.
  • Security: Clients must protect their networks and ensure responsible calling.
  • Caller ID: Must include accurate caller location; failure can result in surcharges or disconnection.
  • Indemnity: Clients must defend CXENGAGE against any legal claims arising from misuse.

 

Part V – Premium SMS, DCB, and Voice

  1. General Provisions
  • Applicable Laws: Includes country-specific codes (e.g., Dutch payinfo.nl, Belgian Decree).
  • No Gambling: Explicit prohibition unless separate agreement is made.
  • Transaction Abuse: High rate of unsuccessful transactions may incur penalties.
  • Service Reporting: Clients must notify CXENGAGE in advance of changes to End User Services.
  1. Revenue and Payments
  • Revenue Basis: Only amounts actually received from operators are paid out.
  • Delayed or Partial Operator Payments: CXENGAGE isn’t liable to pay more than it receives.
  • Payment Disputes: Must be raised within 10 days with supporting documentation.
  • Chargebacks: Clients are liable for any End User chargebacks and associated fees.
  • Right of Offset: CXENGAGE can deduct owed amounts from revenue payments.
  • Tax Responsibility: Each party is responsible for its own taxes; CXENGAGE may withhold taxes as required.
  1. End User & Operator Complaints
  • Client Role: Must handle End User complaints in local language.
  • Deadlines: Legal timelines for complaints must be followed.
  • Fees: CXENGAGE may charge administrative fees for handling complaints or refunds.
  • Refund Campaigns: Misconduct may lead to €5,000 fine for campaign costs.

 

Part VI – Prepaid Accounts

  1. Prepaid Terms
  • Definition: Clients pay upfront, which is credited to their account.
  • Expiration: Credit expires after 12 months and is non-refundable unless requested upon termination.
  • Chargebacks: May result in account closure.
  • Account Misuse: Clients are responsible for third-party misuse.
  • Registration: CXENGAGE may refuse or terminate accounts without explanation.

Part VII – Tickets

  • Ticketing Services: Governed by separate CXENGAGE Tickets terms.

 

Overall Observations

  • The agreement is strictly service-based, with CXENGAGE primarily acting as a platform provider.
  • Client accountability is emphasized throughout — especially in areas of data, communication content, legal compliance, and financial responsibility.
  • CXENGAGE retains broad rights to suspend, withhold payments, or impose penalties in the event of non-compliance, fraud, or breach of terms.
  • Operator dependencies are clearly stated — if operators don’t pay CXENGAGE, the client doesn’t get paid.