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Essential Engine Terms of Service

Last update: April 23, 2024

The following terms of service govern the Services and Platform use of Crescendo Business Services LLC, DBA Essential Engine (“Company,” “we,” “our,” or “us”). By accessing the marketing platform website (“Platform”) or using any of our associated services (collectively, the “Services”), Customer (“Customer”, “they”, “their”, “them”) agree to comply with and be bound by these Terms of Service (“Terms”). Please read these Terms carefully before accessing or using the Platform or Services.

  1. Account Registration

1.1 In order to access certain features of the Services, Customer may be required to register an account. By registering an account, Customer agrees to provide accurate, current, and complete information as prompted by the registration form, and to maintain and promptly update such information to ensure its accuracy.

1.2 Customer is responsible for maintaining the confidentiality of their account credentials and is solely responsible for all activities that occur under their account. Customer agrees to notify Company immediately of any unauthorized use of their account or any other breach of security.

  1. Limited License.

2.1 Company grants Customer a limited, revocable, non-transferable license to access and use the Platform for their own purposes to receive Services, as outlined in the Terms. This license includes the use of executable object code and markup code provided by Company, excluding access to any source code.

  1. Permissible Use of the Platform and Services

3.1 Our Services are intended for professionals seeking marketing services for their business. Customer agrees to use the Platform and Services only for lawful purposes and in accordance with these Terms.

3.2 Customer may use the Platform to create content and manage the distribution and publication of our marketing services including but not limited to: Essential Living personally branded magazine direct mail service, Escapes + Experiences personally branded magazine direct mail service, managed social media services, managed testimonial content and delivery services, and managed email newsletter services.

  1. Restricted Uses of the Platform

Customer agrees not to engage in the following restricted uses of the Platform or Services:

4.1 Customer may not use the Platform or Services to engage in any illegal or unauthorized activities, including but not limited to:

  • Violating any applicable laws or regulations;
  • Infringing upon the intellectual property rights of others;
  • Uploading or distributing malicious software or content;
  • Engaging in any fraudulent activities.

4.2 Competitive Use: Customer shall not use the Platform or Services to build a competitive product or service. This includes but is not limited to using the Platform to develop, promote, or distribute a product or service that directly competes with the offerings of Company.

4.3  Violation of Legal Rights: Customer shall not use the Platform to violate any legal right of any third party, including but not limited to intellectual property rights, privacy rights, and contractual rights.

4.4  Misrepresentation: Customer shall not misrepresent their identity or affiliations with any person or entity while using the Platform or Services. This includes but is not limited to falsely claiming to be affiliated with Company or any of its partners or clients.

4.5  Disruption or Interference: Customer shall not attempt to disrupt, alter, or interfere with the normal functioning of the Platform or Services. This includes but is not limited to engaging in any activity that may overload, disable, or impair the Platform’s infrastructure or interfere with other users’ access to the Services.

4.6 Customer shall not access or use any password-protected, secure, or nonpublic areas of the Platform or Services, or access data on the Platform or Services not intended for Customer.

4.7  Prohibited Content: Customer shall not post, upload, or create any content to the Platform or Services that is profane, obscene, threatening, discriminatory, harassing, or violent. This includes content that promotes hate speech, violence, or illegal activities.

4.8  Company reserves the right to suspend or terminate Customer access to the Services and Platform at any time if we believe, in our sole discretion, that Customer has violated these Terms or engaged in any prohibited activities.

  1. Disclaimer Regarding Third-Party Content

5.1 The Services may include content provided by third parties. We do not control or endorse any third-party content and make no representations or warranties regarding its accuracy, completeness, or reliability.

  1. Modification to the Platform or Services

6.1 Customer acknowledges and agrees that the Platform and Services provided by Company are subject to ongoing development and improvement. As such, Customer understands that the Platform and Services may change at any time.

6.2 Company reserves the right to modify, update, or enhance the Services and the Platform, or any part thereof, at any time and without prior notice. This includes, but is not limited to, adding or removing features, changing functionality, and suspending certain features or services.

6.3 Customer acknowledges that such modifications may result in temporary unavailability of the Services or Platform and may affect Customer’s ability to access or use certain features or functionalities.

6.4 Company shall not be liable to Customer or any third party for any modifications, suspension, or discontinuation of the Services or Platform, except as expressly provided for in these Terms.

6.5 Customer agrees that it is their responsibility to regularly check for updates or changes to the Services and Platform, and the continued use of the Services following any modifications shall constitute acceptance of such modifications.

  1. Copyright Policy

7.1 Customer is solely responsible for the content they create and distribute using the Services and Platform. Customer represents and warrants that they have all necessary rights, permissions, and licenses to use and distribute the content they upload or create through the platform or share directly with representatives of Company.

7.2 Company respects the intellectual property rights of others and expects our Customers to do the same. Customer agrees not to infringe upon the copyrights or other intellectual property rights of third parties while using the Services.

7.3 If there is a claim that copyrighted work has been used or distributed in a manner that constitutes copyright infringement, please contact our designated Copyright Agent at customerservice@essentialengine.com. Please include the following information in your notification:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the allegedly infringing material is located on the Platform;
  • Your contact information, including your name, address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

7.4 Upon receipt of a valid copyright infringement notification, we may remove or disable access to the allegedly infringing material and may terminate the accounts of Customers who repeatedly infringe upon the copyrights of others.

  1. Subscription Terms, Fees, and Cancellation

8.1 Company will make reasonable efforts to communicate any applicable fees to Customer. However, Customer acknowledges and agrees that all fees and fee structures are subject to change at the discretion of Company.

8.2 By using the Services or Platform, Customer accepts and agrees to any potential changes in fees. Company shall not be liable to Customer or any third party for any modifications to fees or fee structures.

8.3 Services provided under each Subscription order shall be provided for the term stated in
the Subscription order. The Agreement will remain in full force and effect while Customer uses
the Platform or receives Services according to any applicable Order.

8.4 Customer may cancel subscription to the Services at any time by contacting an Account Manager employee of Company. Upon cancellation, Customer may lose access to certain features of the Services, and any fees paid are non-refundable.

  1. Dispute Resolution and Arbitration


    9.1 Choice of Law. The Agreement is governed by the laws of the State of Minnesota, without regard to conflict of law provisions. The parties agree to waive and opt-out of any application of the Uniform Computer Information Transactions Act (UCITA), or any version thereof, to the extent it may in any way be applicable.

9.2 Internal Dispute Resolution. In the event of any dispute arising in connection with the Agreement, it shall be brought to the attention of the respective senior executives of both Company and Customer for deliberation and resolution. Subsequently, Company and Customer mutually agree to initially pursue mediation for the resolution of any dispute or claim arising from the Agreement. Any costs associated with mediation shall be evenly distributed among the involved parties. If mediation fails to yield a resolution, either party may elect to escalate the matter to arbitration by serving the other party with a written Notice of Dispute via certified mail. The Notice of Dispute directed towards us should be sent to:

Essential Engine

2117 Cliff Drive

Eagan, MN 55122

9.3 Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association, in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted between an individual Customer and Company, and Customer expressly agrees that no arbitration shall include any class or group of representatives. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

9.4 The arbitration shall take place in Dakota County, MN and shall be conducted in English.

9.5 Each party shall bear its own costs and expenses associated with the arbitration, including attorney’s fees, unless otherwise awarded by the arbitrator(s).

9.6 All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

  1. Miscellaneous

10.1 These Terms constitute the entire agreement between Customer and Company regarding Customer use of the Services and supersede any prior or contemporaneous agreements between Customer and Company.

10.2 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

10.3 Customer acknowledges that Company reserves the right to amend these Terms of Service at any time. This may involve adding new terms or revising or removing existing ones. Any such modifications will become effective upon the updated terms being posted on Company’s website or through the Platform (“Effective Date”). By continuing to access and use the Platform or Services after the Effective Date, Customer confirms their awareness of these modifications and agrees to comply with, and be bound by, the revised Terms of Service.

10.4 Access to and use of the Platform and Services are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement.



  1. Indemnity

11.1 Customer agrees to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to:

  • (a) Customer’s use of the Services or Platform;
  • (b) Customer’s violation of these Terms or any applicable law or regulation;
  • (c) Customer’s violation of any rights of any third party, including but not limited to intellectual property rights or privacy rights;
  • (d) any content or materials uploaded, posted, or transmitted by Customer through the Platform or Services;
  • (e) any negligent or wrongful act or omission of Customer.

11.2 Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer agrees to cooperate with Company in asserting any available defenses.

11.3 This indemnity clause shall survive the termination or expiration of these Terms and Customer’s use of the Services or Platform.

Contact Us

If Customer have any questions or concerns about these Terms, please contact us at customerservice@essentialengine.com.