Effective Date: [19/11/2024]

Last Updated: [20/12/2024]

These Terms of Service (“Terms“) govern your access to and use of the EngageAm platform (the “Platform“), including any content, functionality, and services offered on or through the Platform. By accessing, browsing, registering, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Platform.

1. Acceptance of Terms

By creating an account, accessing, or using the Platform, you agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Platform. These Terms constitute a legally binding agreement between you and EngageAm.

2. Description of Service

EngageAm is a community-driven platform designed to facilitate the exchange of social media engagements among users. Through a points-based system, users can:

  • Earn Points: By engaging with other users’ social media posts (e.g., liking, commenting, viewing, following), users earn points.
  • Spend Points: Users can spend their earned points to request engagements on their own social media posts, thereby increasing their visibility and reach.

The Platform serves as an intermediary to connect users seeking mutual engagement but does not guarantee any specific outcomes or results from such engagements.

3. Eligibility

To use the Platform, you must meet the following eligibility criteria:

  • Age Requirement: You must be at least 13 years old. If you are under 18 years old (or under the age of majority in your jurisdiction), you must have the permission of a parent or legal guardian to use the Platform. By accessing or using the Platform, you represent and warrant that you meet the applicable age requirements.
  • Legal Compliance: You agree to comply with all applicable local, state, national, and international laws, rules, and regulations in connection with your use of the Platform.
  • Social Media Account: You need a social Media Account for the for ( X, Instagram and WhatsApp) to continue

4. Account Registration

To access certain features of the Platform, you must register for an account:

  • Accurate Information: You agree to provide true, accurate, current, and complete information during the registration process and to update such information to keep it accurate and complete.
  • Account Security: You are responsible for safeguarding your password and agree not to disclose it to any third party. You are solely responsible for any activities or actions under your account, whether or not you have authorized such activities or actions.
  • Notification of Breach: You agree to immediately notify EngageAm of any unauthorized use of your account or any other breach of security.
  • Social Media Linking: By linking your social media accounts to the Platform, you authorize EngageAm to access certain information from those accounts, as permitted by your privacy settings on those platforms and as allowed under the terms governing those platforms.

5. Points System

EngageAm operates on a virtual currency system (“Points“):

  • Earning Points:
    • You earn Points by performing genuine engagements with other users’ social media posts as specified on the Platform.
    • The number of Points earned per engagement may vary based on the type of engagement and current Platform policies.
  • Spending Points:
    • You may spend your Points to request engagements from other users on your own social media posts.
    • Each engagement type costs a specified number of Points per action, typically 2 Points per engagement unless otherwise indicated.
  • Points Usage:
    • Points have no monetary value and cannot be redeemed for cash or any monetary equivalent.
    • Points are non-transferable and cannot be assigned to any other user or account.
  • Purchases and Refunds:
    • All purchases of Points or any other virtual items through the Platform are final and non-refundable.
    • EngageAm reserves the right to modify the Points system, including earning and spending rates, at any time.

6. User Conduct

When using the Platform, you agree to adhere to the following standards of conduct:

  • Authentic Engagement:
    • You must perform genuine and honest engagements with other users’ social media posts.
    • Engagements should comply with the guidelines and terms of service of the respective social media platforms.
  • Prohibited Activities:
    • Fake Engagements: You must not submit false claims of engagement or fail to perform the required actions after accepting a task.
    • Automated Tools: The use of bots, scripts, or any automated methods to interact with the Platform or social media platforms is strictly prohibited.
    • Harassment and Abuse: You must not engage in any form of harassment, hate speech, bullying, or any conduct that is threatening, defamatory, obscene, or otherwise objectionable.
    • Violation of Third-Party Terms: You must not engage in activities that violate the terms of service or policies of any third-party social media platforms.
    • Illegal Activities: You must not engage in any illegal activities, including but not limited to fraud, identity theft, or intellectual property infringement.
  • Content Standards:
    • You must not post, upload, or share any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

7. Flagging and Disputes

The Platform provides mechanisms for users to flag and resolve issues related to engagements:

  • Flagging Engagements:
    • If you believe an engagement is non-genuine or not performed as required, you may flag it for review.
    • When an engagement is flagged:
      • The engager’s Points for that engagement are temporarily put on hold.
      • The engager is notified of the flag and the specific issue.
  • Engager’s Response:
    • The engager must address the flagged engagement within 24 hours by:
      • Correcting the engagement to meet the required standards.
      • Providing acceptable proof of the completed engagement.
  • Dispute Resolution:
    • If the issue remains unresolved after the initial 24-hour period, the poster may escalate the flag to a formal dispute.
    • Submission of Evidence:
      • Both parties can submit evidence to support their claims, such as screenshots or activity logs.
    • EngageAm Review:
      • EngageAm will review the submitted evidence and make a final, binding decision based on the merits of the case.
      • The decision may result in the release or forfeiture of the Points in question.
    • Timeframes:
      • Failure to respond or provide evidence within the designated timeframes may result in an automatic decision in favor of the other party.

8. Penalties and Account Suspension

To maintain the integrity of the Platform, EngageAm enforces a strict policy against violations:

  • Three-Strike Policy:
    • If an engager accumulates three disputes decided against them within a rolling 30-day period, their account may be subject to suspension or permanent banning.
  • Immediate Suspension:
    • Severe violations, such as fraudulent activities or significant breaches of these Terms, may result in immediate suspension or permanent banning without prior notice.
  • Effects of Suspension:
    • Access Loss: Suspended users will lose access to their accounts and all associated data.
    • Points Forfeiture: Any remaining Points in the suspended account will be forfeited without compensation.
  • Appeals:
    • Suspended users may submit an appeal by contacting support@engageam.com.
    • Appeals must include relevant information and any evidence that may support the reinstatement of the account.
    • EngageAm’s decision on appeals is final.

9. Reporting and Contacting

EngageAm encourages users to report any violations or issues:

  • Reporting Users:
    • If you observe any user violating these Terms, you may report them using the Platform’s reporting features.
    • All reports are confidential, and your identity will not be disclosed to the reported user.
  • Support and Assistance:
    • For any assistance, questions, or to report violations, please contact our support team at support@engageam.com.
    • Our support team will endeavor to respond to your inquiries promptly.

10. Intellectual Property Rights

EngageAm respects intellectual property rights and expects users to do the same:

  • Ownership:
    • All content, features, and functionality on the Platform (including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software) are the exclusive property of EngageAm or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  • License to Users:
    • EngageAm grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use, strictly in accordance with these Terms.
  • Restrictions:
    • You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as permitted by these Terms or with our prior written consent.

11. Privacy

Your privacy is important to us:

  • Data Collection:
    • We collect, use, and disclose personal information as detailed in our Privacy Policy, which is incorporated into these Terms by reference.
    • Information collected may include personal identification information, social media account information, usage data, and cookies.
  • Consent:
    • By using the Platform, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
  • Third-Party Services:
    • Our Platform may contain links to third-party websites or services that are not owned or controlled by EngageAm. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

12. Disclaimers

Please read this section carefully as it limits our liability to you:

  • No Guarantee:
    • EngageAm provides the Platform on an “as is” and “as available” basis without any warranties or representations, express or implied.
    • We do not guarantee that the Platform will be error-free, secure, or operate without interruptions.
  • Third-Party Services:
    • EngageAm is not responsible for the actions, content, information, or data of third parties, including social media platforms.
    • Your interactions with third-party platforms are governed by their respective terms and policies.

13. Limitation of Liability

To the fullest extent permitted by law:

  • Exclusion of Damages:
    • EngageAm, its affiliates, directors, employees, agents, licensors, or service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.
  • Maximum Liability:
    • In no event shall EngageAm’s aggregate liability exceed the total amount paid by you to EngageAm in the twelve (12) months preceding the claim.

14. Indemnification

You agree to defend, indemnify, and hold harmless EngageAm, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your violation of these Terms.
  • Your use of the Platform, including, but not limited to, your User Content, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms.
  • Your violation of any third-party rights, including any intellectual property rights or privacy rights.

15. Modifications to the Service and Terms

EngageAm reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Platform or any part of it:

  • Service Changes:
    • We may make changes to the Platform at any time without prior notice. Such changes may include updates, enhancements, or discontinuation of features.
  • Terms Updates:
    • We reserve the right to update or modify these Terms at any time. All changes are effective immediately upon posting.
    • Notice of Changes:
      • We will notify you of material changes by posting the updated Terms on the Platform or through other communication methods.
    • Acceptance of Changes:
      • Your continued use of the Platform after the posting of revised Terms constitutes your acceptance of the changes.

16. Termination

Both you and EngageAm have the right to terminate these Terms:

  • By User:
    • You may terminate your account at any time by following the account termination procedures on the Platform or by contacting support@engageam.com.
  • By EngageAm:
    • We may suspend or terminate your access to all or part of the Platform for any reason, including but not limited to violation of these Terms or any applicable law.
  • Effect of Termination:
    • Upon termination, your right to use the Platform will immediately cease.
    • All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Governing Law

These Terms and any dispute or claim arising out of or related to them shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without giving effect to any choice or conflict of law provision or rule.

18. Dispute Resolution

Please read this section carefully as it requires you to arbitrate certain disputes and claims with EngageAm:

  • Informal Resolution:
    • You agree to first attempt to resolve any disputes informally by contacting EngageAm at support@engageam.com.
  • Arbitration:
    • If a dispute cannot be resolved informally, it shall be resolved exclusively by binding arbitration administered by Nigerian Court in accordance with its rules.
    • Arbitration Location:
      • The arbitration shall take place in Ikoyi, Lagos States, or at a mutually agreed location.
    • Exceptions:
      • Either party may seek injunctive or other equitable relief in a court of competent jurisdiction for matters related to intellectual property rights or unauthorized access to the Platform.
  • Waiver of Jury Trial:
    • You and EngageAm waive any constitutional and statutory rights to go to court and have a trial in front of a judge or jury.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable:

  • Remaining Provisions:
    • The remaining provisions shall remain in full force and effect.
  • Modification:
    • Such invalid or unenforceable provision shall be modified so as to render it valid and enforceable while reflecting the intent of the original provision as closely as possible.

20. Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices published by EngageAm, constitute the entire agreement between you and EngageAm regarding the Platform:

  • Supersession:
    • These Terms supersede all prior understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
  • No Waiver:
    • No failure or delay by EngageAm in exercising any right under these Terms shall constitute a waiver of that right.

21. Contact Information

For any questions, comments, or concerns about these Terms or the Platform, please contact us at: