1. Acceptance of Terms

You accept these Terms by any of the following: creating an account, paying an invoice or setup fee, placing or accepting a call to/from EmpowerTalk.ai or any of our AI assistants, sending or receiving SMS from our programs, interacting with our AI chat assistants on any website we operate, or otherwise using the Services. If you are agreeing on behalf of a business, you represent that you have authority to bind that business.

2. Definitions

• Services: all products and platforms operated by Empowering Humans, LLC, including Empower Suite, Empower Agents, EmpowerTalk.ai, AI chat assistants, SMS programs, websites, and related services.
• Client: any business or individual who has a paid subscription or signed service agreement with us.
• Visitor: any person who interacts with our websites, AI assistants, SMS, or voice services without a paid account.
• Client Data: information, contacts, content, and materials you upload, import, or input into the Services.
• AI Assistants: the voice callers (EmpowerTalk.ai) and chat assistants we deploy on our own sites or provide to Clients.
• Signed Agreement: a written service contract between a Client and Empowering Humans (for example, SEO, SMM, AEO, PPC, or custom engagement), which controls over these Terms where conflicts exist.

3. Accounts & Eligibility

You must be at least 18 years old and legally able to enter a binding contract to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately of any unauthorized access.

You agree to provide accurate, current, and complete information during registration and to keep it current. We may suspend or terminate accounts with inaccurate, outdated, or fraudulent information.

4. Description of Services

Empowering Humans provides digital marketing infrastructure, AI automation, and related professional services, including:

• Empower Suite / Empower Agents: CRM, marketing automation, calendar, funnel, and pipeline platform.
• EmpowerTalk.ai: AI voice caller used for inbound reception, outbound outreach, lead qualification, and follow-up.
• AI Chat Assistants: website chat widgets that engage visitors using conversational AI.
• SMS Programs: message-based marketing, notifications, and automation (see our SMS Terms).
• Professional Services: SEO, Social Media Management (SMM), Answer Engine Optimization (AEO), Pay-Per-Click (PPC), custom website builds, and other engagements defined in Signed Agreements.

We may add, modify, or discontinue features at any time. Material changes affecting paid Clients will be communicated in advance where reasonably possible.

5. Subscription & Billing

5.1 Month-to-Month by Default

Unless otherwise specified in a Signed Agreement, all AI Services (including Empower Suite, Empower Agents, and EmpowerTalk.ai) are billed on a month-to-month basis. There is no long-term contract for AI Services except as set forth in a Signed Agreement.

5.2 Long-Term Agreements

SEO, Social Media Management, Answer Engine Optimization, Pay-Per-Click advertising, and similar professional services are generally governed by a separate Signed Agreement with its own term, pricing, renewal, and termination provisions. Where a Signed Agreement exists, its terms control over these Terms for the specific services covered.

5.3 Fees & Payment

You authorize us to charge the payment method on file for all applicable fees, including recurring subscription fees, setup fees, usage-based fees (such as SMS, voice minutes, email sends, or AI usage), and any fees for additional services you request.

5.4 Auto-Renewal

Subscriptions automatically renew on the same day each billing cycle unless cancelled in accordance with Section 6. Fees for usage-based services are billed as incurred.

5.5 Price Changes

We may change fees for future billing cycles with at least thirty (30) days' notice for month-to-month Clients. Long-term Signed Agreement pricing is governed by that agreement.

5.6 Failed Payments

If a payment fails, we may suspend or terminate the Services, disable AI assistants, pause SMS programs, and retain Client Data pending payment. Accounts more than ten (10) days past due may be terminated.

5.7 No Refunds

Except as required by law or expressly stated in a Signed Agreement, all fees are non-refundable, including setup fees and partial-month usage.

6. Cancellation & Termination

6.1 Client-Initiated Cancellation

Clients must provide written notice of cancellation at least fourteen (14) days before the desired end date. Notice must be sent to [email protected] and include the account name and services to be cancelled. Services will continue and fees will accrue through the end of the 14-day notice period.

6.2 Cancellation of Long-Term Agreements

Cancellation of services governed by a Signed Agreement is controlled by the terms of that agreement, including any early termination fees, liquidated damages, or renewal notice requirements.

6.3 Termination by Us

We may suspend or terminate the Services immediately, without refund, if you: (a) breach these Terms or a Signed Agreement, (b) fail to pay when due, (c) violate the Acceptable Use Policy or Prohibited Industries section, (d) expose us to legal liability, carrier penalties, or reputational harm, or (e) engage in fraud, abuse, or activity that threatens the security of the Services.

6.4 Data Export Window

Upon termination for any reason, Clients will have thirty (30) days to export Client Data from the platform. After 30 days, we may permanently delete Client Data, and we have no obligation to retain it. It is your responsibility to export your data within this window.

7. Acceptable Use Policy

You agree not to use the Services to:

• Violate any law, regulation, or third-party right;
• Send spam, unsolicited messages, or violate the TCPA, CAN-SPAM Act, or state telemarketing laws;
• Harass, threaten, intimidate, or abuse any person;
• Scrape, crawl, reverse engineer, decompile, or attempt to extract source code of the Services;
• Circumvent rate limits, authentication systems, or security measures;
• Resell, white-label, or sublicense the Services without an express written reseller agreement;
• Use the Services to build a competing product or service;
• Upload malware, viruses, or malicious code;
• Impersonate any person or entity;
• Use the Services to defraud, deceive, or mislead consumers;
• Use AI Assistants to impersonate a real human without AI disclosure (see Section 9);
• Create voice clones, deepfakes, or synthetic likenesses of real people without their documented consent.

8. Prohibited Industries & Content

You may not use the Services, including EmpowerTalk.ai voice calling, SMS programs, or AI chat assistants, in connection with any of the following industries or content types:

• Political campaigns, PACs, issue advocacy, or political polling;
• Third-party debt collection or debt settlement;
• Adult content, pornography, escort services, or sexual services;
• Cannabis, CBD, THC, kratom, or similar products outside of fully licensed states and only where lawful;
• Firearms, ammunition, explosives, or weapons sales;
• Predatory lending, payday loans, short-term high-interest loans, or loan consolidation schemes;
• Cryptocurrency promotion, ICOs, NFT promotion, or speculative investment pitches;
• Gambling, sports betting, lotteries, sweepstakes, or fantasy sports;
• Multi-level marketing (MLM), pyramid schemes, or "get rich quick" programs;
• Pharmaceuticals, prescription drugs, or unapproved health products;
• Hate speech, extremist content, or incitement to violence;
• Any activity deemed illegal or high-risk by our carriers, payment processors, or sub-processors.

We reserve the right, in our sole discretion, to determine whether content or a use case falls within a prohibited category and to terminate accounts that violate this section.

9. AI Services & Disclosures

9.1 Nature of AI Output

Our Services use artificial intelligence, including large language models and voice synthesis. AI outputs are generated probabilistically and may contain errors, inaccuracies, hallucinations, or outdated information. AI output is not a substitute for professional legal, medical, financial, tax, or other advice. You are responsible for reviewing and verifying any AI-generated content before relying on it or sharing it with third parties.

9.2 AI Disclosure Required

When our AI Assistants (voice or chat) interact with consumers, they will identify themselves as AI where required by applicable law (including but not limited to California's Bolstering Online Transparency Act and similar laws). Clients using EmpowerTalk.ai or our AI chat assistants to contact their own leads agree to honor these disclosure requirements and not configure the AI to deny being AI.

9.3 No Voice Cloning or Deepfakes

You may not use the Services to clone the voice of, or create synthetic likenesses of, real people (including celebrities, public figures, business contacts, or any identifiable person) without that person's documented, written consent. You may not use the Services to generate deepfakes, impersonate real humans, or mislead consumers about who they are communicating with.

9.4 AI Training & Model Improvement

We may use aggregated, de-identified interaction data (including transcripts of AI calls and chats) to improve the Services, train internal models, and develop new features. We do not use identifiable Client Data to train public or third-party foundation models without consent. Clients may request opt-out from training use by emailing [email protected].

9.5 Hallucination & Error Disclaimer

AI-generated content may confidently state inaccurate facts. You acknowledge this risk and agree that we are not liable for business decisions, communications, or actions taken in reliance on AI output without independent verification.

10. Call & Chat Recording

ALL CALLS AND CHATS WITH OUR AI ASSISTANTS AND OUR TEAM ARE RECORDED. By placing a call to, receiving a call from, or chatting with any Empowering Humans AI assistant, team member, or platform, you consent to the recording of the entire interaction for:

• Quality assurance and service improvement;
• Training of AI models and human staff;
• Compliance with legal and regulatory obligations;
• Dispute resolution and evidence preservation;
• Verification of consent, agreements, and instructions.

This recording consent applies in all jurisdictions, including states with "two-party consent" or "all-party consent" laws such as California, Florida, Illinois, Massachusetts, Maryland, Montana, New Hampshire, Pennsylvania, and Washington. If you do not wish to be recorded, do not place or accept calls with our AI assistants or team, and do not engage with our AI chat assistants.

Recordings and transcripts are retained as described in our Privacy Policy and are treated as confidential Client Data where applicable.

11. EmpowerTalk.ai Voice Services

11.1 Calling Our AI

When you call or are called by EmpowerTalk.ai, you acknowledge that: (a) you are speaking to an artificial intelligence, not a human; (b) the call is being recorded and transcribed; (c) your spoken content may be processed by third-party AI providers such as OpenAI and Anthropic; and (d) information you provide may be stored and used to follow up with you.

11.2 Client Use of EmpowerTalk.ai

When Clients use EmpowerTalk.ai to contact their own leads and customers, the Client is the sender of record and is solely responsible for:

• Obtaining all required prior express written consent under the TCPA;
• Complying with state telemarketing laws, the Do Not Call (DNC) registry, and state-specific DNC lists;
• Calling only within permitted hours (generally 8 AM to 9 PM recipient local time);
• Honoring revocation requests and opt-outs promptly;
• Providing clear AI disclosure where required by law;
• Maintaining records of consent.

We provide tools to support compliance but do not guarantee the legality of any specific campaign configured by a Client. Clients indemnify Empowering Humans for TCPA, state telemarketing, and DNC violations arising from their campaigns.

12. AI Chat Assistants

AI chat assistants on our websites and Client websites are provided to answer questions, qualify leads, schedule appointments, and collect contact information. By engaging with an AI chat assistant, you:

• Acknowledge you are chatting with AI, not a human;
• Consent to the transcript being recorded, stored, and used for quality, training, and follow-up;
• Understand that information you provide (name, email, phone, preferences, questions) will be saved to the CRM of the website operator and may be used to contact you;
• Acknowledge that AI responses may be incorrect and should not be relied upon for legal, medical, financial, or other professional advice.

If you do not wish to interact with AI, close the chat window. You may opt out of future contact by replying STOP to any SMS, unsubscribing from any email, or emailing [email protected].

13. Client Compliance Obligations

Clients are solely responsible for:

• Obtaining all consents required by law for communications with their leads and customers (TCPA, CAN-SPAM, state laws, GDPR where applicable);
• Maintaining accurate suppression and opt-out lists;
• Honoring DNC requests, STOP keywords, and unsubscribe links;
• Complying with industry-specific regulations (real estate, finance, healthcare, etc.);
• Obtaining a Business Associate Agreement (BAA) before transmitting any Protected Health Information through the Services;
• A2P 10DLC registration and brand/campaign compliance for SMS;
• Content they create or publish using the Services.

14. Intellectual Property

Empowering Humans owns all right, title, and interest in the Services, including the Empower Suite platform, the Empower Agents brand, the EmpowerTalk.ai technology, our AI prompts, workflows, automations, templates, training materials, and associated trademarks and copyrights. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services during your active subscription.

Nothing in these Terms transfers ownership of our intellectual property to you. You may not copy, modify, distribute, or create derivative works of the Services except as expressly permitted.

15. Client Data & Content

You retain ownership of Client Data. You grant Empowering Humans a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and modify Client Data solely to provide and improve the Services, comply with law, and enforce these Terms.

You represent and warrant that you have all necessary rights and consents to upload Client Data and to authorize its processing through the Services.

16. Confidentiality

Each party agrees to protect the other's confidential information with at least the same degree of care as it uses for its own confidential information, and to use it only to perform its obligations under these Terms. This obligation survives termination.

17. Third-Party Services

The Services rely on third-party sub-processors (see our Privacy Policy). We are not responsible for third-party outages, changes, or failures. You agree that your use of third-party integrations you enable (such as Stripe, Google, Meta, Twilio, or IDX providers) is governed by those providers' own terms.

18. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT AI OUTPUTS WILL BE ACCURATE, COMPLETE, OR FIT FOR YOUR PURPOSE.

We do not guarantee any specific business result, lead volume, conversion rate, search ranking, or return on investment from the Services.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMPOWERING HUMANS, LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST LEADS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

These limitations do not apply to liability arising from our gross negligence or willful misconduct.

20. Indemnification

You agree to indemnify, defend, and hold harmless Empowering Humans, LLC and its officers, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services, (b) your Client Data, (c) your violation of these Terms or any law, (d) your violation of any third-party right (including TCPA, DNC, CAN-SPAM, and privacy laws), (e) your campaigns, messages, or calls sent through the Services, and (f) any content you create, publish, or transmit using the Services.

21. Arbitration & Class Action Waiver

21.1 Binding Arbitration

Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in Yellowstone County, Montana, or by videoconference at the arbitrator's discretion.

21.2 Class Action Waiver

YOU AND EMPOWERING HUMANS AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive the right to participate in a class action, class arbitration, or representative proceeding.

21.3 Small Claims Exception

Either party may bring a claim in small claims court, provided the claim qualifies under that court's rules and remains in that court.

21.4 Injunctive Relief Exception

Either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information.

21.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you opt out.

22. Governing Law & Venue

These Terms are governed by the laws of the State of Montana, without regard to conflict of law principles. For any dispute not subject to arbitration, the exclusive venue is the state or federal courts located in Yellowstone County, Montana, and you consent to their jurisdiction.

23. Changes to Terms

We may update these Terms from time to time. Material changes will be posted on this page with an updated "Last Updated" date, and we may provide additional notice by email or in-platform notification. Your continued use of the Services after the effective date of revised Terms constitutes acceptance.

24. Contact Us

For questions about these Terms:

• Empowering Humans, LLC
• 4282 US HWY 89 S. #26, Livingston, MT 59047
• Email: [email protected]
• Phone: 888-205-9657