Effective: May 6, 2026
Last reviewed: May 6, 2026
IMPORTANT — READ BEFORE USE
These Terms include (a) a binding arbitration agreement and a class action waiver in Section 18, (b) a TCPA indemnification obligation in Section 12, and (c) limitations on Agency Engine's liability in Section 13. Read them carefully. By creating an account or otherwise using the Platform, you agree to be bound by these Terms.
These Terms of Service ("Terms") form a legally binding contract between you ("you," "your," or "Agent") and Agency Engine Inc., a New Mexico C corporation ("Agency Engine," "we," "us," or "our"), governing your use of the Platform at agencyengine.app, my.agencyengine.app, and any successor domains (the "Platform").
Acceptance. You accept these Terms by (a) clicking "I agree" or a similarly labeled checkbox or button during account creation or upon presentation of revised Terms; (b) accessing or using the Platform; or (c) executing a separate written order form referencing these Terms. You represent that you are at least 18, have authority to bind yourself or any entity on whose behalf you are acting, and are not barred from receiving services under the laws of the United States.
Authority and capacity. If you accept these Terms on behalf of an agency, brokerage, or other entity, you represent and warrant that you have the legal authority to bind that entity. References to "you" include both you individually and any entity you represent.
The Platform is a software-as-a-service customer relationship management product designed for licensed insurance producers and agencies. It includes contact management, pipeline tracking, AI-assisted communication drafting, voice and SMS messaging through Twilio, email through SendGrid, calendar and meeting tools, lead capture funnels, prospectus generation, advertising integrations, and reporting. Specific features are described at the Platform.
What we are not. Agency Engine is a software tool. We are not (a) a licensed insurance producer, broker, agency, or carrier; (b) a law firm or provider of legal advice; (c) a tax advisor or accountant; (d) a debt collector; (e) a financial advisor; (f) a telecommunications carrier; or (g) a guarantor of any business outcome. All insurance, regulatory, financial, and operational decisions are yours. Recommendations and outputs from our AI features are suggestions only — never instructions, never compliance opinions, never legal advice.
You must hold all licenses, registrations, appointments, and authorizations required by law to conduct your insurance business in every state and jurisdiction in which you operate. You must maintain those credentials in good standing throughout your use of the Platform. If any required credential is suspended, revoked, or lapses, you must notify us within seven (7) days and cease using the Platform for any activity in the affected jurisdiction.
You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. Notify us immediately at security@agencyengine.app of any unauthorized access. You are responsible for losses caused by unauthorized use until you have notified us and we have had a reasonable opportunity to act.
New accounts may receive a free trial of up to fourteen (14) days. A valid payment method is required at signup; your card is not charged during the trial period unless you elect early activation. The trial converts to a paid subscription on the fifteenth day unless canceled.
Current subscription pricing is published on the Platform. Fees are charged through Stripe and recur on the same day each month (or year, for annual plans) until canceled. You authorize us to charge your payment method for all fees owed. Pricing may change with at least 30 days' notice; continued use after the effective date constitutes acceptance of the new price.
Overages. Each subscription includes set monthly allotments of voice minutes, SMS segments, video meeting hours, and AI processing units. Usage above included allotments is billed as itemized overages on the next invoice at rates published in your billing dashboard. Service is not interrupted at allotment exhaustion — there are no hard usage walls.
You may cancel at any time from the Billing page. Cancellation takes effect at the end of the then-current billing period; access continues through that period. No refunds are issued for partial billing periods, unused allotments, or unutilized features. If we materially change these Terms or the Platform to your detriment, you may cancel within 30 days of the change for a prorated refund of the unused portion of any prepaid annual subscription.
You agree to use the Platform only for lawful business purposes and to comply with all laws and regulations applicable to your activities, including but not limited to:
You will not:
We may suspend or terminate your account immediately, without refund, if we have reasonable cause to believe you have violated this Section 4, including specifically any conduct that could subject Agency Engine to TCPA, state-AG, FCC, FTC, or carrier-aggregator enforcement. We will, where reasonably practical, notify you and provide an opportunity to cure before suspension, except where immediate action is required to protect Platform integrity, our other users, or third-party rights.
The Platform includes compliance assistance features including but not limited to consent capture forms, opt-out processing, message-content review, time-zone-aware send scheduling, suppression lists, and audit logs. These tools are provided as aids to help you operate within the law. They are not legal advice and do not guarantee compliance.
You retain sole responsibility for compliance with all laws applicable to your communications, including responsibility to obtain and maintain valid consent for every contact, to honor every opt-out request, and to respond to consumer complaints and regulatory inquiries. We may rely on the consent representations you record in the Platform; we do not independently verify those representations.
Ownership. You retain all rights, title, and interest in and to all data, content, files, contact information, communications, and other information you upload, input, or transmit through the Platform ("Customer Data").
License to us. You grant Agency Engine a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and otherwise use Customer Data solely as necessary to provide the Platform, comply with law, and improve service quality through aggregated and de-identified analytics that cannot reasonably be re-linked to any individual.
Service provider role. With respect to personal information of Subjects (your prospects and clients), we act as a service provider under Cal. Civ. Code § 1798.140(ag) and as a data processor under GDPR Art. 4(8). The terms of our Data Processing Agreement — agencyengine.app/dpa — are incorporated by reference and apply to all such processing.
AI processing. Customer Data may be sent to third-party AI providers under zero-data-retention contracts to power features such as call summaries, draft messaging, and lead scoring. Customer Data is not used to train any AI model.
Agency Engine and its licensors own all rights, title, and interest in and to the Platform, including software, interfaces, design, branding, "Ace," documentation, and all derivative works. These Terms grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform for your internal business purposes during your active subscription. All rights not expressly granted are reserved.
Feedback. If you provide suggestions, feedback, or ideas ("Feedback"), you grant Agency Engine an unrestricted, perpetual, irrevocable, royalty-free license to use and incorporate the Feedback into the Platform without compensation or attribution.
We make commercially reasonable efforts to keep the Platform available. We do not guarantee any specific uptime percentage, and the Platform is provided "as is" and "as available." We may temporarily suspend the Platform for scheduled maintenance, security incidents, or circumstances beyond our reasonable control. Where practical, we will provide advance notice.
Program name: Agency Engine Producer Messaging Program. Subscribing insurance producers use the Platform to send SMS messages to prospects and clients who have provided prior express written consent through (a) a Web form opt-in with a required, unchecked-by-default consent checkbox containing all required disclosures, (b) verbal consent on a recorded call, or (c) signed paper enrollment.
Message types: insurance quote follow-ups, appointment reminders, policy updates, document requests, account servicing.
Message frequency: typically 2 to 8 messages per month per Subject.
Message and data rates may apply.
Opt-out: Reply STOP to any message. Other accepted opt-out keywords: STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT.
Help: Reply HELP for support information or contact the Agent who messaged you.
Support: support@agencyengine.app.
Mobile information is not shared with third parties or affiliates for marketing purposes. See our Privacy Policy.
Carrier disclaimer: Mobile carriers are not liable for delayed or undelivered messages.
The Platform integrates with third-party services (including Twilio, SendGrid, Stripe, Google, Microsoft, Discord, Anthropic, Supabase, and others listed at agencyengine.app/subprocessors). Your use of those services is subject to each provider's own terms and privacy policy. We are not responsible for third-party services, their availability, or their handling of data outside the scope of our service-provider relationship with them.
The Platform is provided "as is" and "as available," with all faults and without warranty of any kind. To the maximum extent permitted by law, Agency Engine disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment.
Without limiting the foregoing, we do not warrant that (a) the Platform will meet your requirements; (b) it will operate uninterrupted or error-free; (c) AI-generated outputs will be accurate, complete, or appropriate for any purpose; (d) any specific business outcome will result from its use; (e) communications sent through the Platform will be delivered, received, or read; or (f) the Platform will be free of vulnerabilities, malware, or third-party interference.
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions above apply to the maximum extent permitted by law.
You will indemnify, defend, and hold harmless Agency Engine, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, losses, damages, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
We will promptly notify you of any indemnifiable claim, give you reasonable cooperation to defend it (at your expense), and tender control of the defense to you, except that we may participate in the defense at our own expense and may assume sole control of any matter that, in our judgment, materially affects our reputation, the Platform, or other users. You will not settle any indemnifiable claim in a manner that imposes any obligation on or admits liability for Agency Engine without our prior written consent.
This indemnification is in addition to, and does not limit, any other remedies available to us at law or equity. Notwithstanding the foregoing, this Section 12 will not require you to indemnify Agency Engine for liabilities arising solely from our gross negligence or willful misconduct.
To the maximum extent permitted by law, Agency Engine and its affiliates, officers, directors, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, business opportunities, data, goodwill, or other intangible losses, arising out of or related to these Terms or the Platform, regardless of legal theory and whether or not we have been advised of the possibility of such damages.
Agency Engine's total cumulative liability for all claims arising out of or related to these Terms or the Platform will not exceed the greater of (a) the amount you paid Agency Engine in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars ($100).
The limitations in this Section 13 will not apply to (i) your indemnification obligations under Section 12, (ii) your breach of Section 4 (Acceptable Use) or Section 7 (Intellectual Property), or (iii) liabilities that cannot be limited under applicable law (such as gross negligence or willful misconduct in jurisdictions that prohibit their limitation).
The parties acknowledge that the limitations in Sections 11, 12, and 13 are essential bases of the bargain, that the fees Agency Engine charges reflect their allocation of risk, and that the limitations would be enforced even if any limited remedy fails of its essential purpose.
Either party may terminate this agreement at any time effective at the end of the then-current billing period. We may terminate or suspend your account immediately for material breach of these Terms, regulatory or carrier compliance risk, non-payment, or extended inactivity (no login for 12+ months on a free trial).
On termination, your right to use the Platform ends. Sections 6 (license back to us), 7 (IP), 11 (Disclaimers), 12 (Indemnification), 13 (Limitation of Liability), 18 (Arbitration), and any other provision that by its nature should survive will survive termination.
You will have 30 days following termination to export your data through the Platform's export tools. Thereafter, we will delete or anonymize Customer Data in the ordinary course as described in our Privacy Policy and DPA, except where retention is required by law.
We may modify these Terms from time to time. When we make material changes, we will (a) post the updated Terms with a new "Effective" date; (b) notify Agents by email at the address on file at least 30 days before the changes take effect; and (c) require Agents to affirmatively accept the updated Terms before continued use. If you do not accept the updated Terms, you may cancel your subscription and we will refund the unused, prepaid portion of any annual subscription. Continued use of the Platform after the effective date constitutes acceptance.
Non-material changes (typo corrections, clarifications, changes to URLs or contact details, or changes that expand your rights) take effect on posting without further notice.
These Terms are governed by the laws of the State of New Mexico, USA, without regard to conflicts-of-law principles. Subject to Section 18 (Arbitration), any action that may be brought in court must be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, and you consent to personal jurisdiction in those courts.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
We may give you notice through the Platform, by email to the address on file, or by any other reasonable means. You may give notice to us by email to legal@agencyengine.app with a copy to Agency Engine Inc., Attn: Legal, 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM, 87110.
Read this Section carefully. It limits how you can resolve disputes with Agency Engine.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or our relationship with you (a "Dispute") will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes if applicable, except as modified by this Section. The arbitration will be conducted by a single arbitrator. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
Before initiating arbitration, you must send a written notice of Dispute to legal@agencyengine.app describing the nature of the Dispute and the relief sought. The parties will attempt in good faith to resolve the Dispute informally for at least 60 days from receipt of the notice before either party may initiate arbitration.
You and Agency Engine each waive the right to participate in a class action, class arbitration, mass arbitration, consolidated arbitration, or representative proceeding. Disputes will be resolved on an individual basis only. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding. If this class action waiver is held unenforceable, then the entirety of this Section 18 will be null and void, but the remainder of these Terms will remain in effect.
Arbitration will be held in Albuquerque, New Mexico, or at another location mutually agreed by the parties, or conducted by telephone or video where AAA rules permit. The arbitrator will apply the substantive law of New Mexico. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Costs. Each party will bear its own attorneys' fees and costs except as otherwise recoverable under applicable law. AAA filing fees and arbitrator fees will be allocated according to AAA rules, except that for any Dispute where you seek total damages of $10,000 or less, Agency Engine will pay all AAA fees, regardless of outcome, unless the arbitrator determines your claim was frivolous.
The following are not subject to arbitration: (a) claims for injunctive or other equitable relief to protect intellectual property rights or to enforce confidentiality; (b) small claims court actions within that court's jurisdiction; (c) any claim that under applicable law cannot be made subject to mandatory arbitration.
You may opt out of this arbitration agreement by sending a written notice within 30 days of first acceptance of these Terms to legal@agencyengine.app stating your name, account email, and that you are opting out of arbitration under Section 18.6. Opting out does not affect any other provision of these Terms. If you opt out, disputes will be resolved exclusively in the courts specified in Section 16.
Entire agreement. These Terms, together with our Privacy Policy, DPA, and any order forms or addenda, constitute the entire agreement between you and Agency Engine and supersede all prior agreements regarding the Platform.
Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.
No waiver. Failure to enforce any right or provision is not a waiver. Waivers must be in writing and signed by the waiving party.
Assignment. You may not assign these Terms or any rights or obligations without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Independent contractors. You and Agency Engine are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship.
Force majeure. Neither party will be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor disputes, internet or utility failures, or third-party service outages.
Headings. Section headings are for convenience only and do not affect interpretation.
Contact. Questions about these Terms: legal@agencyengine.app.