Terms of Service

1. Service Overview

This Terms of Service ("ToS") document, together with our Terms & Conditions and Privacy Policy, governs the specific service levels, performance commitments, and support obligations for CapEngage's AI-powered workflow automation platform.

By subscribing to our Services, you agree to the service terms outlined below. These ToS are designed to provide transparency about what you can expect from our platform and our commitment to service excellence.

2. Service Level Agreement (SLA)

2.1 Uptime Commitment

CapEngage commits to maintaining a monthly uptime of at least 99.9% for our core platform services, excluding:

• Scheduled maintenance windows (announced at least 48 hours in advance)
• Force majeure events (natural disasters, wars, government actions)
• Third-party service outages beyond our control
• Customer-caused incidents or misconfigurations
• Services marked as "Beta" or "Preview"

2.2 Uptime Calculation

Uptime is calculated monthly based on the total number of minutes in the month minus the total downtime minutes. Downtime is defined as any period when our core services are unavailable or unresponsive.

2.3 Service Credits

If we fail to meet our uptime commitment, you may be eligible for service credits:

Service credits will be applied to future billing periods and do not constitute a refund. To claim service credits, you must submit a request within 30 days of the month in question.

3. Support Services

3.1 Support Channels

We provide support through the following channels based on your subscription plan:

3.2 Support Scope

Our support team assists with:

• Platform configuration and setup
• Troubleshooting technical issues
• Feature guidance and best practices
• Integration assistance
• Billing and account inquiries

3.3 Support Exclusions

Support does not include:

• Custom development or consulting services
• Third-party application support
• Training services (available as separate purchase)
• Data migration or cleanup services

4. Communication Service Guarantees

4.1 Message Delivery

We commit to the following delivery rates for communication services:

• Email: 98% delivery rate to valid addresses
• SMS: 95% delivery rate to valid numbers
• WhatsApp: 99% delivery rate (subject to Meta's policies)
• Push Notifications: 95% delivery rate to opted-in devices

4.2 Delivery Timeframes

Target delivery times from submission to delivery:

• Email: Within 5 minutes
• SMS: Within 30 seconds
• WhatsApp: Within 1 minute
• Push Notifications: Within 1 minute

4.3 Delivery Exclusions

Delivery guarantees do not apply to messages that:

• Are sent to invalid or non-existent addresses/numbers
• Are blocked by recipient preferences or spam filters
• Violate content policies or regulatory requirements
• Are sent during third-party service outages

5. API Performance

5.1 API Response Times

Our API targets the following response times (P95):

• REST API: Under 500ms for 95% of requests
• Webhook delivery: Under 1 second for 95% of events
• Bulk operations: Under 5 seconds for standard batch sizes

5.2 Rate Limits

API rate limits vary by subscription plan:

5.3 API Versioning

We maintain API versions for at least 12 months after deprecation announcement. We provide advance notice of breaking changes and migration guides.

6. Data Security and Backup

6.1 Data Protection

We implement the following security measures:

• Encryption at rest (AES-256) and in transit (TLS 1.3)
• Regular security audits and penetration testing
• Multi-factor authentication for admin access
• Network segmentation and firewalls
• Compliance with SOC 2 Type II, ISO 27001

6.2 Data Backup

We maintain daily backups with:

• 30-day retention for standard plans
• 90-day retention for professional plans
• 1-year retention for enterprise plans
• Geographically distributed backup storage

6.3 Disaster Recovery

Our disaster recovery target is to restore services within 4 hours of a catastrophic event, with a Recovery Point Objective (RPO) of 1 hour for enterprise customers.

7. Maintenance Windows

Scheduled maintenance is performed during the following windows:

• Standard maintenance: Sundays 02:00-04:00 UTC
• Major updates: Quarterly, announced 14 days in advance
• Emergency maintenance: As needed with minimal notice

Enterprise customers may request custom maintenance windows. All scheduled maintenance is communicated via email and status page updates.

8. Service Updates and Changes

8.1 Feature Updates

We continuously improve our Services with:

• Regular feature releases and enhancements
• Performance optimizations
• Security patches and updates
• New integrations and capabilities

8.2 Deprecation Policy

When deprecating features or services, we provide:

• Minimum 90 days advance notice for non-critical features
• Minimum 180 days advance notice for major features
• Migration guides and support for affected customers
• Grace periods for transition to alternatives

9. Service Availability by Region

Our Services are available globally with the following regional considerations:

• Primary Regions: India, United States, European Union, Singapore
• Data Residency: Options available for EU and India data storage
• Performance: Latency may vary by region and network conditions
• Compliance: Regional regulatory requirements are respected

Some features may not be available in all regions due to local regulations or technical limitations.

10. Monitoring and Reporting

We provide the following monitoring and reporting tools:

• Real-time service status page (status.capengage.com)
• In-platform analytics and performance dashboards
• Monthly service reports for enterprise customers
• API health monitoring endpoints
• Webhook notifications for service events

11. Service Credits and Compensation

In addition to uptime service credits, we may provide compensation for:

• Prolonged outages exceeding 4 hours
• Data loss attributable to CapEngage systems
• Repeated service failures within a billing period

All compensation requests must be submitted within 30 days of the incident and include sufficient documentation. Compensation is provided at our sole discretion and does not waive our liability limitations.