Terms of Service

3.1 Account Creation

To access certain features of the Service, you must create an account and provide accurate, current, and complete information.

You agree to maintain and promptly update your account information as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account.

You agree to immediately notify Culture Engine at hello@cultureengine.ai of any unauthorized use or suspected security breach relating to your account.

Culture Engine is not responsible for losses arising from unauthorized access caused by your failure to safeguard account credentials.

3.3 Eligibility

The Service is intended solely for businesses and their authorized personnel.

You represent and warrant that:

• you are at least eighteen (18) years old;
• you have the legal authority to enter into these Terms; and
• your use of the Service complies with all applicable laws and regulations.

4.1 Subscription Plans

Culture Engine offers subscription plans with varying features, functionality, and pricing.

Subscription details may be displayed on our website, checkout flow, or applicable order page.

4.2 Billing

Subscription fees are billed in advance on a recurring monthly or annual basis, depending on the subscription plan selected.

All fees are quoted and payable in U.S. dollars (USD) unless otherwise specified at checkout. All fees are non-refundable except where required by applicable law or expressly stated otherwise by Culture Engine.

4.3 Automatic Renewal

Unless cancelled prior to the end of the applicable subscription term, subscriptions automatically renew for successive renewal terms equal to the original subscription term.

You authorize Culture Engine to charge the payment method on file for all applicable renewal fees, taxes, and charges.

4.4 Failed Payments

Culture Engine may suspend or restrict access to the Service for failed, declined, overdue, or unpaid charges.

4.5 Price Changes

Culture Engine reserves the right to modify pricing at any time.

For existing paid subscriptions, Culture Engine will provide at least thirty (30) days’ prior notice of material pricing changes.

If you do not accept a material price change, you may cancel your subscription before the change takes effect.

4.6 Taxes

You are solely responsible for all applicable taxes, duties, levies, or governmental assessments associated with your use of the Service, excluding taxes based on Culture Engine’s net income.

5.1 Coins

The Service may enable Customers to allocate, award, distribute, or facilitate internal recognition units (“Coins”) to Authorized Users. “Authorized Users” means employees, contractors, or other personnel of Customer who are granted access to the Service under Customer’s account.

Coins are discretionary recognition tools only and are not cash, currency, legal tender, wages, salary, compensation, employee benefits, stored value, securities, or property rights.

Coins have no independent cash value and may only be redeemed through authorized reward mechanisms within the Service.

5.2 Redemption Providers

Reward redemption functionality may be provided through third-party providers, including but not limited to Tango Card, Tremendous, or similar providers (“Reward Providers”).

Culture Engine is not the issuer, seller, bank, financial institution, money transmitter, or provider of any gift card, prepaid card, reward, or financial product made available through a Reward Provider.

Reward fulfillment, availability, expiration policies, redemption restrictions, and related terms are controlled by the applicable Reward Provider.

Culture Engine makes no guarantee regarding the continued availability of any specific reward, vendor, or redemption option.

5.3 Customer Responsibility

Customer is solely responsible for:

• determining eligibility for Coins and rewards;
• administering its employee recognition and rewards programs;
• compliance with all applicable employment, labor, payroll, compensation, tax, privacy, workplace, and benefits laws and regulations;
• any payroll reporting, tax withholding, or employee disclosures relating to rewards or redemptions; and
• communicating applicable reward policies to Authorized Users.

Culture Engine does not provide payroll, tax, accounting, legal, employment, HR, or financial advisory services.

5.4 Fraud and Abuse

Culture Engine reserves the right to suspend, reverse, invalidate, withhold, remove, or adjust Coins, rewards, or redemptions where it reasonably suspects:

• fraud;
• abuse;
• manipulation;
• unauthorized activity;
• violations of these Terms; or
• conduct that may expose Culture Engine or its users to legal, regulatory, or security risk.

5.5 Expiration and Forfeiture

Coins may expire, be forfeited, or become unavailable due to:

• account termination;
• Customer policy changes;
• Service termination;
• inactivity;
• suspected abuse; or
• other operational or legal reasons.

Authorized Users have no vested or guaranteed rights in Coins.

5.6 Tax Compliance and Reporting

Customer acknowledges and agrees that the tax treatment of Coins, rewards, redemptions, and any related distributions is determined by the substance of the transaction and not by any name, label, or terminology used within the Service. Tax authorities in jurisdictions including but not limited to the United States, Canada, the United Kingdom, Australia, and New Zealand may classify rewards, gift cards, cash equivalents, or similar distributions made to employees, contractors, or other personnel as taxable income, taxable benefits, fringe benefits, or compensation, regardless of how such items are described within the Service.

Customer is solely and exclusively responsible for:

• determining the correct tax classification of any Coins, rewards, redemptions, or related distributions made to its Authorized Users;
• all tax reporting, withholding, remittance, and disclosure obligations applicable to Customer or its Authorized Users in any jurisdiction;
• compliance with applicable employment, labor, payroll, fringe benefit, social security, and tax laws and regulations;
• maintaining records sufficient to support Customer’s tax positions; and
• responding to any inquiries, audits, assessments, or proceedings by any tax authority concerning Coins, rewards, or redemptions.

Culture Engine does not provide tax, accounting, payroll, or legal advice and makes no representation regarding the tax characterization of Coins, rewards, redemptions, or any other aspect of the Service. Customer should consult its own tax advisors regarding the proper treatment of rewards and recognition activities under applicable law.

Customer agrees to indemnify, defend, and hold harmless Culture Engine and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, taxes, penalties, interest, fines, costs, or expenses (including reasonable attorneys’ fees and accountants’ fees) arising out of or relating to: (a) any failure by Customer to properly report, withhold, remit, or disclose taxes; (b) any tax authority inquiry, audit, assessment, or proceeding concerning Customer’s recognition or rewards programs; or (c) any claim by an Authorized User concerning the tax treatment of Coins or rewards received through the Service.

7.1 Culture Engine Intellectual Property

The Service, including all software, technology, content, functionality, designs, graphics, interfaces, trademarks, logos, and related intellectual property, is owned by Culture Engine or its licensors and is protected by applicable intellectual property laws.

Except for the limited rights expressly granted under these Terms, no rights are granted to you.

7.2 Customer Data

You retain ownership of all data, content, and information submitted to the Service (“Customer Data”).

You grant Culture Engine a limited, non-exclusive, worldwide license to host, process, transmit, store, and use Customer Data solely as necessary to provide, maintain, secure, support, and improve the functionality of the Service and related operations.

Culture Engine will not use Customer Data for any purpose beyond what is described in these Terms and the Privacy Policy.

Culture Engine will not use Customer Data to train generalized artificial intelligence models unless expressly authorized by Customer.

7.3 Feedback

If you provide feedback, suggestions, ideas, or recommendations regarding the Service (“Feedback”), you grant Culture Engine a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such Feedback without restriction or obligation.

14.1 Indemnification by Customer

You agree to indemnify, defend, and hold harmless Culture Engine and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• your use of the Service;
• your violation of these Terms;
• your violation of applicable law;
• your Customer Data;
• your administration or operation of rewards programs; or
• your violation of third-party rights.

14.2 Indemnification by Culture Engine

Culture Engine will defend Customer against any third-party claim alleging that Customer’s authorized use of the Service infringes a valid intellectual property right, and will pay damages or settlement amounts finally awarded against Customer in such claim, provided that Customer (a) promptly notifies Culture Engine in writing of the claim, (b) gives Culture Engine sole control of the defense and settlement, and (c) provides reasonable cooperation at Culture Engine’s expense.

Culture Engine has no obligation under this Section 14.2 for claims arising from: (i) Customer Data or content submitted by Customer; (ii) modifications to the Service not made or authorized by Culture Engine; (iii) combination of the Service with products or services not provided by Culture Engine; (iv) Customer’s use of the Service in violation of these Terms or applicable law; or (v) Customer’s continued use of an allegedly infringing version of the Service after Culture Engine has provided a non-infringing alternative.

If the Service becomes, or in Culture Engine’s opinion is likely to become, the subject of an infringement claim, Culture Engine may, at its option and expense, (a) procure for Customer the right to continue using the Service, (b) modify the Service to be non-infringing while preserving substantially equivalent functionality, or (c) terminate the affected portion of the Service and refund any prepaid fees for the unused portion of the subscription term. This Section 14.2 states Culture Engine’s entire liability and Customer’s sole and exclusive remedy for any infringement claim.

15.1 Term

These Terms remain in effect for as long as you access or use the Service.

15.2 Termination by You

You may terminate your subscription at any time through your account settings or by contacting hello@cultureengine.ai.

Termination does not relieve you of outstanding payment obligations.

15.3 Suspension and Termination by Culture Engine

Culture Engine may suspend or terminate access to the Service immediately if:

• you violate these Terms;
• payment obligations remain overdue;
• your use of the Service presents a security risk;
• fraudulent, abusive, or unlawful activity is suspected; or
• required by law or third-party provider obligations.

Culture Engine may also discontinue the Service or any portion of the Service upon reasonable notice.

15.4 Effect of Termination

Upon termination:

• your right to access and use the Service immediately ceases; and
• certain Customer Data may be deleted in accordance with the Privacy Policy and applicable retention practices.

Sections that by their nature should survive termination shall survive, including provisions relating to intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, and dispute resolution.