These Terms of Service (“Terms”) govern your access to and use of the Nurture Engine website, client portal, and managed email and SMS campaign services.
Please read them carefully. They describe what we provide, what we ask of you, how billing works, and how disputes are handled.
1. Acceptance of These Terms
By accessing our website, creating an account, purchasing a plan, or using any Nurture Engine service, you agree to these Terms of Service.
If you are entering into these Terms on behalf of a business, you represent that you are authorized to bind that business to these Terms.
If you do not agree to these Terms, you may not use Nurture Engine.
2. Our Services
Nurture Engine provides managed email and SMS campaign services, including campaign strategy, list preparation, sequence creation, sending infrastructure setup and warm-up, campaign monitoring, reporting, and account support.
Services are performed on your behalf using the information, contact lists, and instructions you provide.
We may modify, improve, or discontinue features of the services at any time. Where a change materially affects your plan, we will make reasonable efforts to notify you.
3. Eligibility and Accounts
You must be at least 18 years old and operating a legitimate business to use Nurture Engine.
You are responsible for the accuracy of the information in your account, for maintaining the confidentiality of your login credentials, and for all activity that occurs under your account.
Notify us promptly if you believe your account has been accessed without authorization.
4. Customer Responsibilities
You are responsible for:
- The accuracy and lawfulness of all contact data you upload
- Obtaining any consent required before messages are sent to your contacts
- The content, claims, and offers included in your campaigns
- Honoring opt-out, unsubscribe, and do-not-contact requests
- Complying with applicable marketing, telecommunications, and privacy laws
- Any licenses, permits, or disclosures your industry requires
Nurture Engine may provide guidance or tooling to assist with compliance, but you remain responsible for the legality of the data and instructions you provide.
5. Acceptable Use
You may not use Nurture Engine to:
- Send unlawful, deceptive, harassing, or fraudulent messages
- Upload purchased, scraped, or otherwise unlawfully obtained contact lists
- Promote illegal products or services
- Impersonate another person or business
- Infringe the intellectual property or privacy rights of others
- Attempt to disrupt, reverse engineer, or gain unauthorized access to our systems
We may pause or terminate campaigns that we reasonably believe violate these Terms, applicable law, or the policies of our delivery partners.
6. Fees, Billing, and Renewal
Plan pricing is presented at checkout and in your account. Subscriptions are billed in advance on a recurring basis and renew automatically until cancelled.
Payments are processed by our third-party payment provider. You authorize recurring charges to your selected payment method.
Fees are non-refundable except where required by law or expressly stated in writing. Failed or overdue payments may result in suspension of service.
We may change pricing with reasonable advance notice, effective on your next billing cycle.
7. Cancellation and Suspension
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period, and service continues until then.
We may suspend or terminate an account for non-payment, violation of these Terms, misuse of the services, or risk to our sending infrastructure or other customers.
8. Data and Privacy
Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.
You retain ownership of the contact data and campaign content you provide. You grant Nurture Engine a limited license to use that material solely to deliver, support, secure, and improve the services you request.
Privacy questions may be sent to privacy@nurtureengine.io
9. Intellectual Property
Nurture Engine and its licensors own the platform, software, templates, workflows, branding, and all related intellectual property.
These Terms do not transfer ownership of any Nurture Engine intellectual property to you. You may not copy, resell, or create derivative works from our platform without written permission.
10. Third-Party Services
Our services depend on third-party providers, including hosting, email delivery, SMS delivery, analytics, and payment processing.
Those providers operate under their own terms, and we are not responsible for outages, restrictions, or actions taken by them.
11. No Guarantee of Results
Campaign performance depends on many factors outside our control, including your list quality, offer, market, pricing, and response handling.
Nurture Engine does not guarantee any specific number of replies, appointments, sales, revenue, deliverability rate, or return on investment.
12. Disclaimers
The services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the services will be uninterrupted, error-free, or that every message will be delivered.
13. Limitation of Liability
To the maximum extent permitted by law, Nurture Engine will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption.
Our total aggregate liability arising out of or relating to the services will not exceed the amounts you paid to Nurture Engine in the three months preceding the event giving rise to the claim.
14. Indemnification
You agree to indemnify and hold harmless Nurture Engine and its officers, employees, and contractors from claims, damages, penalties, and expenses (including reasonable legal fees) arising from your contact data, campaign content, instructions, use of the services, or violation of these Terms or applicable law.
15. Changes to These Terms
We may update these Terms from time to time.
When we do, we will update the “Last Updated” date on this page and may notify you through the website, client portal, or email.
Continued use of the services after an update constitutes acceptance of the revised Terms.
16. Governing Law and Disputes
These Terms are governed by the laws of the United States and the state in which Nurture Engine is established, without regard to conflict-of-law rules.
The parties will first attempt to resolve any dispute informally by contacting each other. Disputes that cannot be resolved informally will be handled in the courts located in that jurisdiction.
17. SMS Messaging Terms
By providing your mobile number and affirmatively opting in to receive SMS messages from Nurture Engine, you agree to receive recurring marketing and customer-care text messages from Nurture Engine.
Messages may include:
- Lead follow-up
- Customer reactivation messages
- Promotional offers
- Service information
- Account-related communications
- Campaign-related updates
- Responses to customer inquiries
Message frequency may vary.
Message and data rates may apply.
Consent to receive marketing SMS messages is not a condition of purchase.
You may opt out at any time by replying STOP.
You may request assistance by replying HELP.
After opting out, you may receive a confirmation message confirming that you have been unsubscribed.
For assistance, contact support@nurtureengine.io or visit https://nurtureengine.io
Nurture Engine may use third-party telecommunications and messaging service providers to deliver SMS communications.
Your participation in the SMS program is also subject to our Privacy Policy at /privacy and our Cookie Policy at /cookies