Version effective: April 10, 2026
Thanks for choosing EngageRocket. We’ve tried to make these terms as clear and fair as possible
— They are here to protect both of us and set honest expectations about how we work together.
This Terms of Service (“TOS”) is entered into between EngageRocket Pte. Ltd. (UEN: 201627437H), a company incorporated in Singapore with its registered office at 78 Shenton Way, Tower 2, #07-15, Singapore 079120 (thereafter “EngageRocket”), and the customer identified in the applicable Order Form (thereafter “Customer”).
This TOS, together with any Order Forms, the Data Processing Agreement, and the Service Level Agreement, forms the entire “Agreement” between EngageRocket and the Customer. By executing an Order Form that references this TOS, or by using the Services, the Customer agrees to the terms of this Agreement.
In this Agreement, the following terms have the meanings set out below:
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
“Customer Data” means all electronic data or information submitted by or for the Customer to the Services.
“Data Processing Agreement” or “DPA” means the agreement available at EngageRocket’s Trust Center (trust.engagerocket.co), which governs the processing of Personal Data.
“Documentation” means EngageRocket’s user guides, documentation, and help and training materials, as updated from time to time.
“Order Forms” means any ordering document, quote, or proposal specifying the Services to be provided hereunder that is entered into between the Customer and EngageRocket.
“Personal Data” has the meaning given to it in the DPA.
“Privacy Policy” refers to EngageRocket’s privacy policy available at engagerocket.co/privacy, as updated from time to time.
“Services” means the products and services that are ordered under an Order Form and that EngageRocket makes available online, including associated offline or mobile components.
“Service Level Agreement” or “SLA” means the service levels set out in Schedule 1 to this Agreement, which outlines EngageRocket’s uptime commitments.
“User” means any individual authorised to access or use the Services, including account administrators, platform managers, survey respondents, and employees or personnel of the Customer’s Affiliates added to the Customer’s account.
2.1 Provision of Services.
EngageRocket will make the Services and Documentation available as described in the Agreement.
2.2 Support.
EngageRocket will provide technical support for the Services in accordance with the Service Level Agreement.
2.3 Sub-processors.
The Customer acknowledges that EngageRocket may use third-party sub-processors to deliver the Services. EngageRocket’s use of sub-processors is governed by the DPA.
2.4 Third-Party Services.
The Services may interoperate with or enable integrations with third-party services, applications, or platforms (including identity providers, email delivery services, cloud infrastructure providers, or HR systems). EngageRocket does not control such third-party services, and we do not warrant their availability, functionality, or performance. EngageRocket is not responsible for any acts, omissions, or failures of such third parties.
2.5. Beta or Preview Features.
From time to time, EngageRocket may make certain features, functionality, or integrations available on a beta, preview, early access, or experimental basis (“Beta Features”). Beta Features are provided for evaluation purposes only, may be modified, suspended, or discontinued at any time without notice, and may not be subject to the SLA or support commitments in this Agreement. Unless otherwise stated, Beta Features are provided “as-is” without any warranty and should not be relied upon in production environments where reliability or availability is critical. Beta Features may be subject to additional terms, which will be made available at the time of access.
3.1 Restricted Activities.
The Services shall not be used to:
(a) transmit any material that is unlawful, harassing, libellous, abusive, threatening, obscene, or otherwise objectionable;
(b) engage in any activity that is fraudulent, deceptive, or misleading;
(c) violate the rights of others, including any intellectual property rights, rights of privacy, or rights of publicity;
(d) transmit any material that contains software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(e) interfere with or disrupt the Services, or servers or networks connected to the Services;
(f) attempt to gain unauthorised access to the Services, other accounts, computer systems, or networks connected to the Services, through password mining or any other means;
(g) use the Services in any manner that could damage, disable, overburden, or impair any of EngageRocket’s servers, or the networks connected to them;
(h) use the Services for any purpose that is illegal or prohibited by this Agreement;
(i) probe, scan, test, or perform vulnerability or penetration testing on any of EngageRocket’s systems, networks, or infrastructure without EngageRocket’s prior written authorisation;
(j) circumvent or attempt to circumvent any usage limits, feature restrictions, or seat count limitations imposed on the Customer’s account under the applicable Order Form;
(k) collect, process, or store Customer Data through the Services without appropriate authorisation, consent, or legal basis under applicable law;
(l) use the Services to contact Users in a manner that is inappropriate, unsolicited, or in breach of any applicable workplace or communications regulations;
(m) attempt to identify, de-anonymise, or re-identify any individual survey respondent whose responses have been collected or processed through the Services; or
(n) upload, submit, transmit, or execute any malicious code, scripts, binaries, or executable programs through the Services, or attempt to manipulate, interfere with, or exploit any AI-assisted or conversational features (including through prompt injection or similar techniques) in a manner that compromises the security, integrity, or intended operation of the Services.
3.2 Customer Data
Responsibility for the accuracy, quality, and legality of Customer Data and the means by which it was acquired rests with the Customer. The Customer represents and warrants that all necessary rights to use and share Customer Data as contemplated by this Agreement have been obtained.
3.3 Survey Respondent Confidentiality
Where surveys include confidentiality or anonymity settings or notices, access to and disclosure of survey responses shall be subject to those settings within the Services.
3.4 Equipment and Access
The Customer is responsible for obtaining and maintaining any equipment and ancillary services required to access or use the Services, including hardware, software, and network infrastructure (“Equipment”). This responsibility also includes maintaining the security of such Equipment and all use of the Services through associated accounts or Equipment.
3.5 Security
Responsibility lies with the Customer for maintaining the confidentiality and security of accounts, passwords, and access credentials, and for all activities conducted through such accounts. The Customer shall promptly notify EngageRocket of any unauthorised access to or use of the Services. Administrator accounts shall not be shared.
3.6 Compliance with Laws
The Customer shall use the Services in compliance with all applicable laws and regulations, including those relating to employment, labour, workplace, and privacy. If the use of the Services requires compliance with industry-specific regulations, the Customer is solely responsible for ensuring such compliance. The Services do not constitute legal, HR, or other professional advice.
4.1 Fees
Fees specified in the applicable Order Forms are payable in accordance with this Agreement. Except as otherwise specified herein or in an Order Form, payment obligations are non-cancellable and fees paid are non-refundable.
4.2 Invoicing and Payment
Fees will be invoiced by EngageRocket in advance on a yearly basis, or as otherwise specified in the Order Form. Invoices are due net 30 days from the invoice date.
4.3 Overdue Charges
If any invoiced amount is not received by the due date, EngageRocket may: (a) charge interest at a rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by applicable law, whichever is lower; and (b) suspend access to the Services and withhold any deliverables until all outstanding amounts are paid in full, without liability to the Customer.
4.4 Taxes
Fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including value-added, sales, use, or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). The customer is responsible for paying all Taxes associated with purchases under this Agreement.
4.5 Additional Licenses
If usage of the Services exceeds the number of licences or seats specified in the applicable Order Form, EngageRocket will notify the Customer and invoice for the additional licences at the rates set out in the Order Form or, if not specified, at EngageRocket’s then-current list prices. Additional licence fees are due within 30 days of the invoice date.
4.6 Price Amendments
EngageRocket reserves the right to amend subscription fees at each renewal term by providing written notice at least 30 days prior to the end of the then-current subscription term. Continued use of the Services following renewal constitutes acceptance of the revised fees.
5.1 EngageRocket’s IP
EngageRocket owns and retains all right, title, and interest in and to the Services, the Documentation, and all underlying technology, including EngageRocket’s survey content, reports, analytics outputs, system-generated data, and all improvements, enhancements, or modifications thereto, together with all intellectual property rights related to any of the foregoing. Except for rights expressly granted, no ownership rights are transferred. Outputs may be used solely for internal business purposes, excluding Customer Data.
5.2 Customer Data
As between the parties, the Customer retains ownership of all Customer Data. A worldwide, non-exclusive, limited term licence is granted to EngageRocket and its Affiliates to host, copy, transmit, and display Customer Data as reasonably necessary to provide the Services in accordance with this Agreement.
5.3 Aggregated Data
EngageRocket may use Customer Data in de-identified, aggregated form (“Aggregated Data”) to operate, improve, and develop the Services, including for benchmarking, analytics, and service improvement. No Personal Data shall be included. EngageRocket owns all Aggregated Data created, and this right survives termination.
5.4 Partner Benchmark Data
Where participation in partner benchmarking services is elected, EngageRocket may share Aggregated Data with such partners for statistical or benchmarking purposes where reasonably necessary to obtain, maintain, or provide the applicable benchmark data. No Personal Data shall be shared, and any such partners shall be subject to confidentiality obligations no less protective than those set out in this Agreement.
5.5 Feedback
Any feedback or suggestions provided may be used without restriction or obligation.
5.6 Restrictions
The Customer shall not, and shall ensure its Users do not:
(a) copy, reproduce, modify, adapt, or create derivative works of the Services or any of EngageRocket’s technology or Documentation;
(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive or access the source code, algorithms, or underlying ideas of the Services;
(c) sublicence, sell, resell, transfer, assign, or otherwise make the Services available to any third party except as expressly permitted under this Agreement;
(d) use the Services to build a competing product or service, or to benchmark the Services against a competitor without EngageRocket’s prior written consent; or
(e) remove, alter, or obscure any proprietary notices, labels, or marks on or within the Services or Documentation.
All rights not expressly granted under this Agreement are reserved by EngageRocket.
6.1 Definition
“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. The Customer’s Confidential Information includes Customer Data; EngageRocket’s Confidential Information includes the Services and all non-public technical and business information.
6.2 Protection
The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) and will not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement.
6.3 Compelled Disclosure
The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.
6.4 Exclusions
The obligations in this Section 6 do not apply to information that: (a) is or becomes publicly known through no act or omission of the Receiving Party; (b) was rightfully known by the Receiving Party prior to disclosure without restriction; (c) is rightfully received by the Receiving Party from a third party without restriction on disclosure; or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.
7.1 General
Each party will comply with its respective obligations under applicable data protection laws, including the Singapore Personal Data Protection Act 2012 (“PDPA”) and, where applicable, the EU General Data Protection Regulation (“GDPR”). EngageRocket’s collection and use of personal data in connection with the Services is described in EngageRocket’s Privacy Policy, available at engagerocket.co/privacy. The Customer is responsible for ensuring Users are directed to review the Privacy Policy.
7.2 Data Processing Agreement
Both parties agree that the Data Processing Agreement, available at EngageRocket’s Trust Center (trust.engagerocket.co), governs the processing of any Personal Data by EngageRocket on the Customer’s behalf. The DPA is hereby incorporated by reference into this Agreement.
7.3 EU and UK Customers
Where Customer Personal Data is subject to the GDPR or UK GDPR, the Standard Contractual Clauses available at EngageRocket’s Trust Center (trust.engagerocket.co) shall apply to any transfer of such Personal Data outside the European Economic Area or the United Kingdom, and are hereby incorporated by reference into this Agreement. The Standard Contractual Clauses shall be governed by the laws of Ireland, as required by the EU Commission’s standard clauses.
7.4 Security
Customer Data will be stored and processed by EngageRocket in accordance with industry-standard security practices. EngageRocket implements appropriate technical, organisational, and administrative safeguards designed to protect the security, integrity, and confidentiality of Customer Data and to reduce the risk of unauthorised access, use, or disclosure. EngageRocket’s security measures and applicable certifications are made available at it’s Trust Center (trust.engagerocket.co).
7.5 Data Backups
EngageRocket may retain backup copies of Customer Data created in the ordinary course of business for disaster recovery, system resilience, and operational continuity. Such backups are maintained in accordance with EngageRocket’s standard backup and data retention policies and are not used for any other purpose. Backup copies may be retained for a limited period before being automatically overwritten or deleted as part of EngageRocket’s regular backup rotation processes, after which the Customer Data contained in those backups will no longer be recoverable.
8.1 Mutual Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement.
8.2 Disclaimer
Except as expressly provided herein, the Services are provided “as is” and EngageRocket makes no warranty of any kind, whether express, implied, statutory, or otherwise, and specifically disclaim all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by applicable law.
8.3 Use of Analytics and Insights
The Services may provide analytics, insights or benchmarks based on Customer Data. Such outputs are intended to support internal decision-making and may be based on statistical models or automated processing. Responsibility for evaluating and acting on such outputs remains with the customer.
9.1 Indemnification by EngageRocket
EngageRocket will defend and indemnify the Customer against any third-party claim alleging that the Services, used as permitted under this Agreement, infringe or misappropriate a third party’s intellectual property rights.
9.2 Indemnification by the Customer
The Customer will defend and indemnify EngageRocket against any third-party claim arising from Customer Data, or Customer use of the Services in breach of this Agreement, including any claim of intellectual property infringement or violation of applicable law.
9.3 Procedure
The indemnifying party’s obligations are conditioned on the indemnified party: (a) promptly giving written notice of the claim to the indemnifying party; (b) giving the indemnifying party sole control of the defence and settlement of the claim; and (c) providing to the indemnifying party all reasonable assistance, at the indemnifying party’s expense.
10.1 Liability Cap
Each party’s total aggregate liability to the other arising out of or related to this Agreement will not exceed the total fees paid in the twelve months preceding the event giving rise to the claim.
10.2 Exclusion of Consequential Damages
Neither party will be liable to the other for any lost profits, revenues, or indirect, special, incidental, consequential, cover, or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if a party has been advised of the possibility of such damages.
11.1 Term
This Agreement commences on the date first accepted or as stated in the Order Form and continues until all subscriptions hereunder have expired or been terminated. Subscriptions will be for the term specified in the applicable Order Form and will automatically renew for additional periods of one year, unless either party gives the other written notice of non-renewal at least 30 days before the end of the relevant subscription term.
11.2 Termination for Cause
EngageRocket may terminate this Agreement upon 30 days’ written notice in the event of a material breach that remains uncured within such notice period. EngageRocket may suspend or terminate access to the Services immediately upon written notice in the event of a breach of Section 3 (Acceptable Use) or Section 5.6 (Restrictions).
11.3 Effect of Termination
Upon termination or expiration of this Agreement: (a) all rights and licences granted under this Agreement shall immediately terminate; (b) all outstanding and unpaid fees covering the remainder of the subscription term shall become immediately due and payable; (c) no refunds will be issued for any unused portion of a subscription term; and (d) Customer Data shall be handled in accordance with the Data Processing Agreement, including any applicable provisions relating to access, retention, and deletion.
11.4 Survival
The sections titled “Fees and Payment,” “Intellectual Property,” “Confidentiality,” “Indemnification,” “Limitation of Liability,” and “General Provisions” will survive any termination or expiration of this Agreement.
12.1 Governing Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the Republic of Singapore, and both parties submit to the exclusive jurisdiction of the courts of Singapore. Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from any court of competent jurisdiction.
12.2 Notices
All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; or the day after it is sent, if sent for next day delivery by a recognised overnight delivery service. Notices to EngageRocket shall be sent to the address stated in the Order Form. Notices to the Customer shall be sent to the contact address specified in the applicable Order Form.
12.3 Amendments
EngageRocket may update this Agreement from time to time by publishing the updated version on its website. EngageRocket will notify the Customer of material updates by email or through the Services, except where changes are required to comply with applicable law or regulatory requirements. Continued use of the Services after such update constitutes acceptance of the updated Agreement. Any amendment not made through a published update must be in writing and signed by authorised representatives of both parties.
12.4 Entire Agreement
This Agreement, including all Order Forms and incorporated documents, is the entire agreement regarding the Customer’s use of the Services and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
12.5 Assignment
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety, without the other party’s consent, to its Affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets.
12.6 Relationship of the Parties
Both parties are independent businesses and nothing in this Agreement creates a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.
12.7 Severability and Waiver
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. No waiver of any right or remedy under this Agreement will be effective unless made in writing and signed by an authorised representative of the waiving party. No failure or delay by either party in exercising any right will constitute a waiver of that right.
12.8 Force Majeure
Neither party will be liable for any failure or delay in performance under this Agreement due to causes beyond that party’s reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, or strikes.
12.9 Publicity
The Customer grants EngageRocket the right to use the Customer’s name and logo to identify as a reference for EngageRocket’s marketing, business development, and promotional materials. Any joint public announcements shall require mutual written consent. This consent may be withdrawn at any time by contacting the Customer’s assigned Customer Success Manager.
S1.1. Uptime Commitment
The Services are designed to be highly available and reliable and EngageRocket commits to use commercially reasonable efforts to ensure that the Services are available 99.5% of the time in any given calendar month (“Uptime Commitment”), excluding any Excused Downtime as defined in clause S1.4 below.
S1.2. Definition of Downtime
“Downtime” means the complete inability to access the core functionality of the Services, as measured by EngageRocket’s monitoring systems.
S1.3. Service Credits
If the Uptime Commitment is not met in a given calendar month, a service credit may be requested as follows:
5% of the monthly fee if availability is below 99.5% but equal to or above 98.5%
10% of the monthly fee if availability is below 98.5% but equal to or above 97.0%
15% of the monthly fee if availability is below 97.0%
S1.4. Credit Claim Process
To claim a service credit, the Customer must submit a written request to compliance@engagerocket.co within 30 days of the end of the affected calendar month. EngageRocket will review the request and, if valid, apply the credit to the next invoice.
S1.5. Excused Downtime
The Uptime Commitment does not apply to, and no service credits will be issued for, unavailability caused by:
(a) scheduled or emergency maintenance, of which EngageRocket will provide reasonable advance notice where practicable;
(b) acts or omissions of the Customer or its Users, including misconfiguration or unauthorised access;
(c) Force Majeure events as described in Section 12.8 of this Agreement;
(d) third-party service failures outside EngageRocket’s reasonable control, including internet service providers, cloud infrastructure providers, or other sub-processors;
(e) the Customer’s failure to meet minimum system or browser requirements as specified in the Documentation;
(f) suspension of the Services in accordance with this Agreement; or
(g) the Customer’s systems, integrations, or configurations.
S1.6. Sole Remedy
Service credits are the Customer’s sole and exclusive remedy for any failure by EngageRocket to meet the Uptime Commitment.
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