Terms of Service

Last updated: October 2025

Agreement to Terms

By accessing or using EngiCell Technology's services, you agree to be bound by these Terms of Service ("Terms"). These terms apply to:

• Our website (engicell.com)
• Web applications (sms.engicell.com, gps.engicell.com)
• Mobile applications (Engicell SMS and Engicell GPS for Android and iOS)
• All related telecommunications and IT infrastructure services

If you disagree with any part of these terms, you may not access or use our services.

By downloading, installing, or using our mobile applications, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

About EngiCell Technology and Our Services

EngiCell Technology is a global telecommunications and IT infrastructure solutions provider. We offer:

Infrastructure Services

• Fiber optic network deployment and management
• Wireless network solutions and optimization
• Cloud infrastructure and migration services
• Cybersecurity solutions and consulting
• Data center design and management
• IT consulting and strategic planning

SaaS Applications

• Engicell SMS: Business SMS messaging platform for bulk messaging, notifications, and customer communication
• Engicell GPS: Real-time GPS tracking and fleet management solution for vehicles, assets, and personnel

Service Availability

Our services are available globally, with specific terms varying by region:

• Service availability depends on local regulations and infrastructure
• Regional pricing and terms may apply
• Local partnerships may be required for service delivery
• Compliance with local telecommunications laws is mandatory

Account Registration and Eligibility

Eligibility Requirements

• You must be at least 18 years old (16 with parental consent in EU)
• You must provide accurate and complete registration information
• You must be authorized to enter into binding contracts
• Business accounts must be authorized by the organization
• You must comply with all applicable laws in your jurisdiction

Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access
• You are responsible for all activities under your account
• Use strong, unique passwords and enable two-factor authentication
• Do not share your account credentials with others

Account Suspension and Termination

• We may suspend or terminate accounts for violation of these Terms
• You may delete your account at any time through account settings
• Accounts inactive for 24 months may be automatically deleted
• Upon termination, your data will be deleted according to our retention policy

License Grant and Restrictions

License We Grant You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our web applications through your browser
• Download, install, and use our mobile applications on your devices
• Access and use our services for their intended business purposes

Restrictions - You May Not:

• Copy, modify, distribute, sell, or lease any part of our services
• Reverse engineer, decompile, or attempt to extract source code
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use our services for any illegal or unauthorized purpose
• Interfere with or disrupt the integrity or performance of our services
• Attempt to gain unauthorized access to our systems or networks
• Use automated systems or software to extract data (scraping)
• Transmit viruses, malware, or any other malicious code
• Impersonate others or provide false information
• Violate any applicable laws or regulations

Service Level Agreements

EngiCell Technology is committed to providing reliable services:

• Uptime Guarantee: 99.9% availability for critical services
• Response Time: 24/7 support with defined response levels
• Performance Standards: Service-specific performance metrics
• Maintenance Windows: Scheduled maintenance with advance notice
• Escalation Procedures: Clear escalation paths for issues

Acceptable Use Policy

Prohibited Uses

You agree not to use our services to:

• Illegal Activities: Any unlawful purpose or to violate any laws
• Spam and Unsolicited Messages: Send spam, junk mail, or unsolicited bulk communications
• Harassment: Harass, abuse, threaten, or intimidate any person
• Fraud: Engage in fraudulent activities or misrepresentation
• Harmful Content: Transmit viruses, malware, or malicious code
• Infringement: Violate intellectual property rights
• Privacy Violation: Violate others' privacy or collect personal data without consent
• Network Abuse: Overload, disrupt, or harm our infrastructure

SMS Service Specific Rules

• Comply with TCPA, CAN-SPAM, GDPR, and other telecommunications regulations
• Obtain proper consent before sending marketing messages
• Provide clear opt-out mechanisms in all messages
• Do not send messages to phone numbers on Do-Not-Call registries without exemption
• Respect message rate limits and sending quotas
• Do not use the service for chain letters, pyramid schemes, or similar content

GPS Service Specific Rules

• Only track devices and individuals you have authorization to monitor
• Comply with privacy laws regarding location tracking
• Inform tracked individuals about monitoring (where required by law)
• Use location data responsibly and lawfully
• Do not use for stalking, harassment, or illegal surveillance

User Responsibilities

General Responsibilities

• Provide accurate and complete registration and account information
• Maintain the security of your account credentials
• Comply with all applicable laws and regulations
• Make timely payment of all fees and charges
• Use services within agreed parameters and quotas
• Report security incidents and suspicious activity promptly
• Keep your contact information current
• Backup your data regularly

Mobile App User Responsibilities

• Keep your app updated to the latest version
• Use compatible devices and operating systems
• Ensure adequate internet connectivity for app functionality
• Grant necessary permissions for app features you wish to use
• Respect device battery and data usage impacts
• Report bugs, crashes, and technical issues

Fees, Billing, and Payment

Subscription Plans

• Free Trials: Limited features or time-limited trials may be offered
• Paid Subscriptions: Monthly, quarterly, or annual billing cycles
• Pay-As-You-Go: Usage-based pricing for certain services (SMS credits, API calls)
• Enterprise Plans: Custom pricing for large organizations

Payment Methods

• Credit/Debit cards (Visa, Mastercard, American Express)
• In-app purchases (Google Play Store, Apple App Store)
• Bank transfers for enterprise accounts
• Third-party payment processors (Stripe, PayPal)
• Invoicing for corporate customers

Billing Terms

• Auto-Renewal: Subscriptions automatically renew unless cancelled
• Price Changes: We may change prices with 30 days notice
• Late Payments: Services may be suspended for non-payment after 7-day grace period
• Refunds: Refunds subject to refund policy (see below)
• Taxes: Prices exclude applicable taxes unless stated otherwise
• Currency: Prices in USD or local currency as applicable

Refund Policy

• Free Trials: No charges if cancelled before trial period ends
• Monthly Subscriptions: No refunds for partial months
• Annual Subscriptions: Pro-rated refunds within 30 days of purchase
• In-App Purchases: Subject to Google Play and Apple App Store refund policies
• Service Credits: Non-refundable unless required by law
• Technical issues preventing service use may qualify for credits or refunds

App Store-Specific Terms

• Google Play: Purchases managed through Google Play billing
• Apple App Store: Purchases managed through Apple's in-app purchase system
• Subscription management, cancellation, and refunds follow respective store policies
• App store fees may apply (handled by Google/Apple)

Intellectual Property

All intellectual property rights are reserved:

• EngiCell Technology retains ownership of proprietary technologies
• Client data remains the property of the client
• Custom solutions may have shared ownership as agreed
• Third-party software is subject to respective licenses
• Confidential information must be protected by all parties

Privacy and Data Protection

We are committed to protecting your privacy:

• Data collection and use governed by our Privacy Policy
• Compliance with applicable data protection regulations
• Secure handling and storage of client information
• Right to data portability and deletion as applicable
• Regular security audits and compliance reviews

Mobile Application Terms

App Updates and Modifications

• We may release app updates to add features, fix bugs, or improve performance
• Updates may be automatic or require manual download
• Older app versions may cease to function after updates
• We may discontinue features or services with reasonable notice
• Critical security updates may be mandatory

Device Requirements

• Android: Version 8.0 (Oreo) or higher recommended
• iOS: Version 13.0 or higher recommended
• Adequate storage space for app installation and data
• Internet connectivity (WiFi or cellular data)
• GPS-enabled device for location services (GPS app)
• SMS capability for messaging features (SMS app)

Data Usage and Charges

• Apps require internet connectivity and may consume significant data
• You are responsible for data charges from your mobile carrier
• GPS tracking and real-time updates use continuous data
• Use WiFi when possible to minimize cellular data usage
• Background location tracking may impact battery life

Third-Party App Stores

• Apps distributed through Google Play Store and Apple App Store
• Subject to respective app store terms and conditions
• App store guidelines and policies apply
• App store fees handled by Google/Apple, not by us

Service Limitations and Availability

Service Availability

• Uptime Target: 99.9% availability (excluding scheduled maintenance)
• Services may be unavailable during maintenance windows (notified in advance)
• Emergency maintenance may occur without advance notice
• Performance may be affected by internet connectivity, device capabilities, and external factors
• Geographic restrictions may apply to certain services

Usage Limits and Quotas

• SMS Service: Message quotas based on subscription plan
• GPS Service: Tracking frequency and device limits per plan
• API Rate Limits: Request limits to prevent abuse
• Storage Limits: Data and file storage based on plan
• Exceeding limits may result in additional charges or service limitations

Service Modifications

• We may modify, suspend, or discontinue services with 30 days notice
• Emergency changes for security or legal compliance may occur immediately
• Beta features provided "as-is" without guarantees
• Some services require minimum commitment periods

Disclaimers and Warranties

Service "As-Is" Provision

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

• We do not guarantee uninterrupted, error-free, or secure service
• We do not warrant that defects will be corrected
• App performance may vary based on device and network conditions
• Location accuracy depends on GPS signal and device capabilities
• SMS delivery depends on carrier networks and may be delayed

No Warranty

To the maximum extent permitted by law, we disclaim all warranties including:

• Merchantability and fitness for particular purpose
• Title and non-infringement
• Accuracy, reliability, or completeness of content
• Compatibility with all devices and operating systems
• Virus-free or error-free operation

Limitation of Liability

Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the fees you paid in the past 12 months
• For free services, liability is limited to $100 USD
• Some jurisdictions do not allow liability limitations, so these may not apply to you

Exclusion of Damages

WE ARE NOT LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or delays
• Unauthorized access to your account or data
• Errors, mistakes, or inaccuracies in content
• Personal injury or property damage from service use
• Third-party actions or content
• SMS delivery failures due to carrier issues
• GPS inaccuracies or tracking errors
• Data usage charges from mobile carriers
• Device battery drain or performance impacts

Force Majeure

• Not liable for delays or failures due to circumstances beyond our reasonable control
• Includes natural disasters, war, terrorism, riots, labor disputes, government actions
• Internet outages, power failures, telecommunications failures
• Pandemics, epidemics, and public health emergencies

Indemnification

You agree to indemnify, defend, and hold harmless EngiCell Technology from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of our services
• Your violation of these Terms of Service
• Your violation of any third-party rights
• Your violation of applicable laws or regulations
• Content you submit or transmit through our services
• Unauthorized use of your account
• SMS messages you send through our platform
• Your tracking or monitoring of individuals or devices

Termination and Cancellation

Your Right to Terminate

• Free Accounts: Delete account anytime through account settings
• Monthly Subscriptions: Cancel anytime; effective at end of billing period
• Annual Subscriptions: Cancel anytime; may be eligible for pro-rated refund within 30 days
• Mobile App Subscriptions: Manage through Google Play or Apple App Store
• Cancellation does not entitle you to a refund for current billing period

Our Right to Terminate

We may suspend or terminate your account immediately for:

• Violation of these Terms of Service or Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Non-payment or failed payment for 7 days after due date
• Breach of intellectual property rights
• Spam, harassment, or other prohibited conduct
• Security threats or compromise of your account
• As required by law or legal process

Effect of Termination

• Your right to use the services immediately ceases
• You remain liable for all fees accrued prior to termination
• We may delete your data after 90 days (export before termination)
• Outstanding balances become immediately due and payable
• Sections regarding limitation of liability, indemnification, and disputes survive termination

Governing Law

These terms are governed by:

• Local laws where services are delivered
• International telecommunications regulations
• Specific jurisdictional requirements as applicable
• Industry standards and best practices

Dispute Resolution

Disputes will be resolved through:

• Direct negotiation between parties
• Mediation by agreed neutral third party
• Arbitration as specified in service agreements
• Local court systems as a last resort

Changes to Terms

We may update these terms periodically:

• Material changes will be communicated in advance
• Continued use constitutes acceptance of new terms
• Clients may terminate if they disagree with changes
• Specific service terms may have different change procedures

Contact Information

For questions about these Terms of Service:

Export Controls and Sanctions

• Our services are subject to export control laws and regulations
• You may not use services in countries subject to U.S. or international sanctions
• You represent that you are not on any government restricted parties list
• Compliance with all applicable export laws is your responsibility

Mobile-Specific Legal Terms

Apple App Store Additional Terms

• These Terms are between you and EngiCell Technology, not Apple
• Apple has no obligation to provide support or maintenance
• Apple is not responsible for product liability claims
• Apple is not responsible for addressing user claims
• In case of intellectual property infringement, Apple is not liable
• Apple and its subsidiaries are third-party beneficiaries of these Terms

Google Play Additional Terms

• By downloading from Google Play, you agree to Google Play Terms of Service
• Google is not a party to these Terms
• Google is not responsible for the app or its content
• Google has no obligation to provide support

Regulatory Compliance

Telecommunications Compliance

• TCPA (Telephone Consumer Protection Act): U.S. regulations for SMS marketing
• CAN-SPAM Act: U.S. commercial email and messaging regulations
• CTIA Guidelines: Mobile messaging best practices
• Carrier Guidelines: AT&T, Verizon, T-Mobile messaging policies
• You are responsible for obtaining proper consent for marketing messages

Data Protection Compliance

• GDPR: EU General Data Protection Regulation
• CCPA/CPRA: California privacy laws
• LGPD: Brazilian data protection law
• PIPEDA: Canadian privacy law
• See our Privacy Policy for detailed data protection information

Location Tracking Compliance

• Comply with all applicable laws regarding location tracking and monitoring
• Obtain necessary consents before tracking individuals or vehicles
• Provide notice to tracked individuals where required by law
• Use location data only for lawful purposes
• Employer monitoring subject to employment laws and employee consent

Certifications and Standards

EngiCell Technology maintains compliance with:

• ISO 27001: Information Security Management (pursuing certification)
• SOC 2 Type II: Security, Availability, and Confidentiality
• PCI DSS: Payment Card Industry Data Security Standard (for payment processing)
• HIPAA: Healthcare data protection (for healthcare clients)
• Local telecommunications regulatory requirements
• Industry-specific compliance standards
• International quality management standards