Engyne CRM Terms & Conditions

Last Updated: June 27, 2025

1. Introduction

This Agreement ("Agreement") is between Robertson Solutions, LLC dba Engyne (“Engyne,” “we,” “us”) and you (“User,” “you”), governing your access to the white-labeled Engyne CRM built on the Lofty platform. By using Engyne, you agree to these terms.

2. Definitions

“Lofty Platform”: The CRM platform provided by Lofty Inc.

“Engyne System”: Engyne's white-labeled CRM service, including templates, workflows, and automations.

“User Content”, “Your Content”: All data, information, and material submitted or uploaded by you into the Engyne System.

3. Services & Platform Relationship

3.1 Subscription Plans: Tier-based access with user limits, SMS/call limits, add-ons, and support packages as outlined in your subscription agreement.

3.2 Platform Provider: Engyne operates on the Lofty platform. Changes, outages, or pricing updates initiated by Lofty are beyond Engyne’s control.

3.3 No Liability for Lofty: Engyne disclaims responsibility for downtime, limitations, or performance issues stemming from Lofty or any third-party integrated services.

3.4 Service Transfers: Data migrations from Lofty accounts may result in partial or full data loss. Engyne is not responsible for such losses and may require a separate transfer agreement.

4. Account Use & Acceptable Conduct

4.1 User Credentials: Users are responsible for safeguarding login credentials and must notify Engyne immediately of any unauthorized access.

4.2 Acceptable Use: Users may not reverse-engineer, replicate, redistribute, or use the platform or its contents in a way that violates the intellectual property of Engyne or Lofty, or that creates or supports a competing service.

5. Licensing & Proprietary Rights

5.1 Grant of License: Engyne grants Users a non-exclusive, revocable license to use its proprietary tools, templates, and workflows solely within the Engyne System.

5.2 Ownership Assertion: Engyne retains full intellectual property rights to all original content, including workflows, automations, scripts, and marketing materials.

5.3 Use Restrictions: Users may not copy, distribute, or adapt Engyne’s proprietary materials for resale, redistribution, or use in any competing CRM, SAAS, or consulting product.

5.4 Damages for Violations: Unauthorized use or redistribution will result in a minimum liquidated damages fee of $25,000, plus any actual damages incurred.

5.5 Investigation Rights: Engyne may conduct forensic reviews or audits in cases of suspected competitive misuse, provided such actions comply with applicable privacy laws.

6. Third‑Party Services & Integrations

6.1 Third‑Party Risk: Use of third-party services (such as Lofty or MLS integrations) is at the User’s own risk. Engyne is not liable for performance, security, or data issues caused by these services.

6.2 User Compliance: Users are responsible for ensuring that use of all integrated tools and services complies with relevant laws and data protection rules.

7. Data Ownership & Privacy

7.1 User Data: Users retain ownership of all data submitted into the Engyne System, including leads, contacts, and communication history.

7.2 Data Export: Data export functionality may be limited by the Lofty platform. Engyne is not responsible for these limitations or associated fees.

7.3 Analytics & Aggregate Data: Engyne may analyze anonymized, aggregate usage data for performance monitoring, research, and future development. Personally identifiable information is never sold or shared without consent.

8. Fees, Billing & Term

8.1 Billing Terms: Users are billed on the 25th of each month for the upcoming billing period. Payment is due within 10 days. Late payments are subject to a 5% fee. Access may be suspended after 30 days of nonpayment.

8.2 Annual Commitment & Renewal: All users agree to a one-year subscription term that auto-renews annually unless canceled with proper notice. Rate changes will be communicated at least 90 days in advance.

8.3 Cancellation & Refunds: Subscriptions are non-cancelable. All fees for the term are due regardless of usage or early termination. Refunds are only issued under promotional terms or as required by law.

9. Disclaimers & Limitations of Liability

9.1 As‑Is Service: Engyne and its services are provided “as-is” without warranties of any kind.

9.2 Third‑Party Disclaimers: Engyne is not liable for system failures, data loss, or outages caused by the Lofty platform or any third-party services integrated within the CRM.

9.3 Indirect Damages: Engyne disclaims liability for indirect, incidental, punitive, or consequential damages arising from use or inability to use the platform.

10. Indemnification

You agree to indemnify and hold harmless Engyne, its affiliates, officers, employees, and platform partners from any claims or losses arising out of your misuse of the platform, violation of this Agreement, or breach of law.

11. Dispute Resolution

All disputes shall be resolved through binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures in the state of Florida. A single arbitrator will be appointed, and each party will bear its own costs. Before arbitration, the parties must engage in good faith mediation. Users waive any right to participate in class action lawsuits.

12. Use of User Likeness

By using the Engyne System, you grant Engyne the right to use your name, logo, testimonials, and success stories in marketing materials. If you wish to opt out, you must email [email protected] with the subject line “Likeness Opt-Out Request.” Opt-out requests will be processed within 10 business days and do not affect previously published materials.

13. Modifications & Notice

Engyne may revise these Terms & Conditions with at least 30 days’ notice. Your continued use of the platform after the effective date of any changes constitutes acceptance of those changes.

14. Severability, Assignment & Governing Law

If any provision is deemed invalid, the remaining provisions shall remain in full force and effect. Users may not assign or transfer this Agreement without Engyne’s prior written consent. This Agreement is governed by the laws of the State of Florida.

15. Contact Information

Support: [email protected]

Mailing Address: 12161 Mercado Drive, Suite 221, Venice, FL 34293