Terms of Service

1. Who provides Engage

EngageMoe is a brand of The Web Corner, Inc. Engage is our email and SMS marketing product. These Terms of Service cover the EngageMoe website and the Engage services, including tools, APIs, integrations, and features made available under your plan. “We,” “us,” and “our” mean The Web Corner, Inc. “You” means the person or business using the service.

When adopted, these terms form an agreement when you expressly accept them through an account or order process. A signed service order or separately accepted agreement controls over conflicting provisions in these terms. A data processing agreement, if executed, controls the processing matters it addresses. Marketing demonstrations and this draft do not create a paid subscription.

2. Accounts, people and brands

You must be at least 18 and have authority to enter a business agreement. Keep account, company, billing and sender information accurate. Protect your login and API credentials, promptly remove access that is no longer needed, and tell us if you suspect unauthorized use.

You control the employees, contractors and agents you authorize. Their permitted actions are treated as actions of your account, subject to applicable law. Access to one company or brand does not grant access to another. Do not share credentials across organizations or bypass brand boundaries.

3. Plans, charges and setup

Your accepted order or checkout must identify the price, billing period, usage limits, renewal terms and any setup charges. We will not treat a pricing calculator, illustrative saving, product concept or future roadmap as a quote. Taxes and disclosed third-party usage charges may be additional.

Email usage, SMS segments, destinations, carrier charges, registration and phone-number costs may be priced differently. Messages can be split into multiple billable segments. The applicable plan or order determines how provider submissions, unsuccessful attempts and credits are charged.

Standard onboarding and advanced migrations, integrations or custom work may have separate charges agreed before work begins. Recurring billing applies only as disclosed and authorized when you subscribe. We will give notice of a price change before it applies to a renewal or later usage, as required by your agreement and law.

You can request cancellation through available account controls or the contact details below. The accepted order determines when cancellation takes effect. Completed setup, performed work and incurred usage charges are not refundable unless the order or applicable law provides otherwise. Treatment of unused prepaid balances and service credits must be stated in the order. These terms do not override mandatory refund rights.

4. Your audience and your permission to contact it

You are responsible for having the rights, notices and permissions required to upload personal information and communicate with recipients. Keep evidence of consent and provide it when reasonably requested. An imported contact, a purchase, an email subscription or possession of a phone number does not automatically authorize SMS marketing.

For this service, do not use purchased, rented, scraped or otherwise unsolicited marketing lists. Respect email and SMS permissions separately, preserve suppression records, and do not re-subscribe a recipient without the required new permission. Do not disguise an opt-out change as a profile update.

5. Email marketing rules

Identify the actual sender. Use accurate routing details and honest subject lines. Include the sender’s valid postal address, required advertising disclosures and a clear, usable unsubscribe method. Honor opt-outs promptly and within applicable deadlines. Do not charge for unsubscribing, require account creation or make a recipient answer a survey to stop marketing.

You must comply with applicable marketing, advertising and privacy rules, including CAN-SPAM where relevant. Our platform rules may be stricter than a legal minimum. Using a vendor or AI agent does not remove your obligations or our own responsibilities under applicable law.

6. Text marketing and phone numbers

SMS requires appropriate recipient permission and compliance with applicable law and messaging-provider and carrier rules. Obtain prior express written consent where required for marketing texts. Explain the sender, message purpose, expected frequency, applicable message and data rates, how to get help, and how to opt out. Do not make marketing consent a condition of purchase where prohibited.

Provide STOP or another supported opt-out method and honor other valid revocation requests. Apply required quiet hours and location-specific restrictions. A carrier may filter, delay or block messages. Registration or approval does not guarantee delivery.

You must supply accurate business information for registration and use only authorized numbers and sender identities. Number availability, registration, porting and release depend on provider rules and your order. SMS is not an emergency service. Do not use it to send emergency alerts that require guaranteed delivery.

7. Acceptable use

Do not use the service for unlawful, deceptive, abusive or harmful activity, spam, phishing, malware, harassment, infringement, impersonation or attempts to obtain data without authority. Do not evade usage limits, security controls, account restrictions or carrier rules. Content and industries restricted by our configured messaging providers are also restricted here.

Do not upload payment-card security codes, government identification documents, health records or other highly sensitive or regulated data unless a separate written agreement expressly permits that data and use. We do not provide a regulated-data service merely because another provider we use offers one.

8. Your content and our platform

You retain your rights in your customer lists, branding and campaign content. You give us permission to process, host, transmit and display that information only as needed to provide the service, follow your authorized instructions, protect the service and meet legal obligations. This permission does not authorize us to sell your audience or market another customer’s products to it.

We retain our rights in the platform, software, documentation, designs, EngageMoe branding and Moe character artwork. Your subscription gives you a limited right to use the service, not ownership of the software. You must have permission to use uploaded images, templates, trademarks and other materials.

9. AI assistants and agent tools

AI tools can make mistakes, produce similar output for different people and suggest content that is inaccurate or unsuitable. Review facts, offers, rights, audience, consent and timing before using output. We do not guarantee that an output is original, legally compliant or eligible for intellectual property protection.

Only grant an agent access appropriate to its task. Markdown instructions do not grant permission, connect an agent or override account controls. Keep secrets out of prompts and agent files. Existing campaign-writing API access may be draft-only; a draft is not authorization to send. Available features and your agreed configuration determine what an agent can do.

Do not send personal information to an external AI provider without authority and the required contractual protections. Any built-in AI feature must be used under its disclosed data-processing terms. These terms do not give us a general right to train public AI models on customer audiences or campaign content.

10. Integrations, APIs and reporting

You choose which integrations and webhook destinations to authorize. Use supported endpoints, documented scopes and reasonable request rates. Protect credentials, verify callbacks using the applicable documentation, and design integrations to handle retries safely. Disconnecting a tool may stop future access but does not erase data previously received by that tool.

Service providers and integrations may include SendGrid, Twilio and Shopify when configured. Third-party services have their own terms and privacy practices. Our use of vendors does not eliminate responsibilities we have under applicable law or our agreements.

Reports reflect the available data and its limitations. Provider acceptance is not the same as delivery. Opens, clicks and attributed revenue can be incomplete or affected by automated activity, privacy settings and attribution assumptions. No report, AI suggestion or promotional example guarantees sales, profit or savings.

11. Privacy and confidential information

Our Privacy Policy describes the proposed handling of personal information. Each party must protect the other’s nonpublic business information with reasonable care and use it only for the relationship, except with permission or as legally required.

When we process your audience on your behalf, you remain responsible for your notices and lawful instructions, and we remain responsible for our obligations as a service provider or processor. Where the law or relationship requires a data processing agreement or international-transfer terms, those must be in place before the affected processing begins. This draft is not a substitute for such an agreement.

12. Availability, suspension and ending service

Features, trials and demonstrations may change. Purchase based on the capabilities and commitments in your accepted order, not an illustration or a future-year theme. We do not promise uninterrupted availability unless a separate service-level agreement says otherwise.

We may restrict sending or access where reasonably necessary to address suspected unlawful use, consent failures, abuse, provider restrictions, security risk, nonpayment or a legal requirement. We will provide notice and an opportunity to resolve issues when reasonably practical; urgent risks may require immediate action.

Either party may end the relationship under the applicable order or for a material breach that remains unresolved after reasonable notice. On cancellation, arrange an authorized export before access ends. Data handling after closure follows the Privacy Policy, applicable law and any data processing agreement. Suppression, security, billing and legal records may need to be retained.

13. Service disclaimers

To the extent permitted by law, the service is provided on an “as available” and “as is” basis, without implied warranties of merchantability, fitness for a particular purpose or non-infringement. We do not guarantee delivery, recipient engagement, revenue, savings, uninterrupted operation or error-free AI output.

These disclaimers do not exclude an express promise in an accepted agreement or rights and remedies that applicable law does not allow us to exclude.

14. Responsibility for claims and limits

To the extent permitted by law, neither party is liable to the other for indirect or consequential losses, such as lost business opportunities or anticipated savings. The proposed total liability cap for claims arising from the service is the amount you paid The Web Corner, Inc. for Engage during the 12 months before the event giving rise to the claim.

The exclusions and cap do not apply to fraud, willful misconduct, gross negligence, payment obligations or liability that cannot lawfully be limited. A separately signed agreement may provide different protections, including for privacy, confidentiality or intellectual property claims.

You agree to defend and reimburse us for third-party claims arising from your unlawful campaign content, infringement or failure to obtain required recipient permission, to the extent caused by your conduct. We will notify you promptly, cooperate reasonably and allow you to control a reasonable defense. No settlement may impose an admission or nonmonetary obligation on us without our consent. This does not shift responsibility for our own unlawful conduct to you.

15. Law, disputes and changes

California law governs the agreement, without overriding mandatory protections under applicable law. Subject to those protections, disputes may be brought in the state or federal courts serving Los Angeles County, California. Before filing, contact us so we can try to resolve the issue in good faith. These draft terms do not impose mandatory arbitration or a class-action waiver.

We will post updated terms with a revision date and provide notice of material changes through an appropriate account or contact channel before they apply, except where an earlier change is legally necessary. Changes do not retroactively alter an existing dispute. If a provision cannot be enforced, the remaining provisions continue to the extent permitted by law.

16. Contact The Web Corner

The Web Corner, Inc.
Attn: EngageMoe Legal & Privacy
15300 Ventura Blvd., Suite 400
Sherman Oaks, CA 91403, United States

Local: (818) 345-7443
Toll free: (877) 345-7688
Online: EngageMoe contact page