Terms of Use for www.engagett.com

Last Updated: June 27, 2025

1. Introduction and Acceptance

Welcome to www.engagett.com (the “Platform”), a civil engagement ecosystem operated by ThaVibes Inc, a company registered under the laws of Florida, United States with its principal office at 111 NE St, 8th Floor, 8832, Miami, FL 33132. These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and ThaVibes Inc governing your access to and use of the Platform, including its website, mobile applications, APIs and integrated services (collectively, the “Services”), primarily used in Trinidad and Tobago.

By accessing, browsing, registering for or using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must immediately cease using the Platform and its Services.

The Platform facilitates civil engagement through polls, surveys, leaderboards and a hotspot map feature for reporting community issues in Trinidad and Tobago. ThaVibes Inc reserves the right to modify these Terms at any time with material changes communicated via email, in-app alerts or a Platform notice at least 14 days prior, unless legally mandated otherwise. Continued use of the Platform after such changes constitutes acceptance of the updated Terms.

2. Eligibility

To use the Platform, you must:

Be at least 13 years old. Users aged 13-17 require verifiable parental consent as outlined in the Privacy Policy.
Reside in Trinidad and Tobago or another jurisdiction where the Platform is lawfully accessible.
Not be barred from using the Services under applicable laws, including those of Trinidad and Tobago, Florida or the United States.

ThaVibes Inc may refuse access or terminate accounts for users who fail to meet these criteria.

3. Account Registration and Responsibilities

To access certain features (e.g. polls, hotspot map submissions), you must register an account by providing accurate and complete information, including demographic data, email address, and/or phone number. You are responsible for:

Maintaining the confidentiality of your account credentials.
All activities conducted under your account.
Promptly updating any changes to your information.
Notifying ThaVibes Inc of unauthorized account use at connect@engagett.com.

ThaVibes Inc reserves the right to suspend or terminate accounts for misuse, fraud or violation of these Terms.

4. Permitted Use and Restrictions

4.1 Permitted Use

You may use the Platform to:

Participate in polls, surveys and leaderboards.
Submit community issue reports via the hotspot map feature.
Engage with content and services provided by ThaVibes Inc and its Partners (e.g. government agencies, NGOs).

4.2 Restrictions

You shall not:

Use the Platform for illegal, harmful or unauthorized purposes.
Post or submit content that is defamatory, obscene, harassing or violates third-party rights.
Attempt to reverse-engineer, hack or disrupt the Platform’s functionality.
Misrepresent your identity or impersonate others.
Use automated tools (e.g. bots, scrapers) to access or collect data without permission.
Violate any applicable laws, including those of Trinidad and Tobago, Florida or the United States.

5. Data Ownership and Use

By using the Platform, you grant ThaVibes Inc a perpetual, irrevocable, worldwide, royalty-free license to collect, store, process, analyze and use all data you provide or generate (including Personal Information, user-generated content and usage data) for the following purposes:

Core Service Delivery: Operating and enhancing the Platform’s functionality, including polls, surveys, leaderboards and hotspot map features.
Civilian, Military, National Security and Government Collaboration: Sharing data with Trinidad and Tobago government agencies (e.g. Trinidad and Tobago Police Service), U.S. authorities or other Partners for public safety, national security, infrastructure planning, disaster relief or policy development, in compliance with applicable laws, including the Data Protection Act of 2011 (Trinidad and Tobago) and Florida Information Protection Act.
Private Data Mining and Analytics: Conducting internal data mining, analytics and research to develop new services, improve algorithms or generate insights with ThaVibes Inc retaining full ownership of all data and derived outputs.
Other Purposes: As outlined in the Privacy Policy or with your explicit consent (e.g. promotional campaigns).

ThaVibes Inc owns all data collected through the Platform, including anonymized and aggregated data and may use it indefinitely for the above purposes, subject to the Privacy Policy’s safeguards and legal requirements.

6. Intellectual Property

All content, trademarks, designs, code and other materials on the Platform (excluding user-generated content) are owned by or licensed to ThaVibes Inc and are protected by U.S., Trinidad and Tobago and international intellectual property laws. You may not copy, reproduce, distribute or create derivative works without prior written consent from ThaVibes Inc.

User-generated content (e.g. hotspot map submissions, survey responses) remains your intellectual property, but you grant ThaVibes Inc a license to use, modify and distribute such content as described in Section 5.

7. Third-Party Services and Links

The Platform may integrate with or link to third-party services, websites or applications (e.g. social media platforms, Partner systems). ThaVibes Inc is not responsible for their content, functionality or privacy practices. Your use of such services is subject to their respective terms and policies.

8. Data Sharing and Disclosure

As detailed in the Privacy Policy, ThaVibes Inc may share your data with:

Service providers for hosting, analytics and support, under strict confidentiality agreements.
Government agencies and NGOs in Trinidad and Tobago, the U.S. or other jurisdictions for civilian, military, national security or public policy purposes.
Other entities with your explicit consent or as required by law (e.g. subpoenas, court orders).

Data sharing complies with Trinidad and Tobago’s Data Protection Act of 2011, Florida laws, GDPR (for EU users) and other applicable regulations with safeguards like anonymization and Standard Contractual Clauses for international transfers.

9. User Rights

You have rights to access, correct, delete, restrict or port your Personal Information, as outlined in the Privacy Policy, subject to legal obligations under Trinidad and Tobago and U.S. laws. To exercise these rights, contact connect@engagett.com.

10. Termination

ThaVibes Inc may suspend or terminate your access to the Platform for:

Violation of these Terms.
Suspected illegal activity or misuse.
Protection of the Platform, its users or public safety.

Upon termination, your account data may be retained or deleted as per the Privacy Policy and applicable laws. Sections 5, 6, 8, 11 and 12 survive termination.

11. Limitation of Liability

To the fullest extent permitted by law, ThaVibes Inc, its affiliates and Partners are not liable for:

Indirect, incidental or consequential damages arising from your use of the Platform.
Errors, interruptions or loss of data, despite our security measures.
Actions of third parties, including Partners or other users.

The Platform is provided “as is,” with no warranties of fitness for a particular purpose or uninterrupted access, subject to applicable laws in Trinidad and Tobago and Florida.

12. Indemnification

You agree to indemnify and hold harmless ThaVibes Inc, its affiliates and Partners from any claims, damages or losses arising from your violation of these Terms, misuse of the Platform or infringement of third-party rights.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of Florida, United States with due regard to Trinidad and Tobago laws for Platform operations in that jurisdiction. Any disputes shall be resolved through:

Negotiation: Contact connect@engagett.com to address concerns.
Arbitration: If unresolved, disputes will be settled by binding arbitration in Miami, Florida, under the rules of the American Arbitration Association, unless otherwise required by Trinidad and Tobago law.

14. Miscellaneous

Severability: If any provision is unenforceable, the remainder remains effective.
Entire Agreement: These Terms and the Privacy Policy constitute the full agreement between you and ThaVibes Inc.
Language: These Terms are in English, which prevails over translations.
Contact: For inquiries, contact connect@engagett.com.

15. Amendments

ThaVibes Inc may update these Terms at any time. Material changes will be communicated as described in Section 1. Check the “Last Updated” date regularly.

By using the Platform, you acknowledge ThaVibes Inc’s rights to own and use data as described, in alignment with our Privacy Policy and mission to foster civil engagement in Trinidad and Tobago.