Terms of Service

Last updated: November 4, 2026

These terms are the agreement between Empowner, a business operated by Mechel Berger as a sole proprietor in New York ("Empowner", "we", "us"), and the business that signs up for our services ("you"). Your order form lists your plan, add-ons and prices. If the order form and these terms differ, the order form wins. Questions: hello@empowner.com.

1. What we set up

We set up the plan you chose (Basic, Pro or Full) and any add-ons listed in your order form. We set them up in your own accounts (your business email account, website hosting, domain and phone system) and hand them over to you. The smallest plan is Basic; we do not sell a single service on its own.

2. What you own and what we own

• Yours: every account, your website content, your products, prices and photos, your customer data, your domain and your phone number. If you stop, they stay yours.
• Ours: our setup work, templates, scripts, know-how and the tools we use to build and look after your systems. They are licensed to you, not sold. While your plan is active you may use them as part of the service. When the agreement ends, the licence ends and those systems stop. You may not copy, resell, take apart or pass on our scripts and templates.
• Your part: do the setup taps on your own accounts, give us correct information, and keep your passwords private. We never ask for your passwords.

3. Fees

• Setup fee: the amount in your order form. Half is due before work starts and half at hand-over, unless your order form says otherwise.
• Monthly fee: the amount in your order form, due on the day of the month shown on your bill. It covers care, monitoring, fixes and the support level of your plan (section 6). You can pay by card, bank transfer or check, as shown on your bill.
• Add-ons: each extra system or feature has its own setup fee and monthly fee from our price list at the time you add it. It is added to your monthly bill from the next bill.
• AI is included: the AI your systems use is included in your monthly fee. You do not need an AI account or key, and there is no separate AI bill.
• Costs you pay directly (not to us): your domain, your phone number and texting fees, US carrier text registration fees, card-processing fees if you take card payments, and any app you choose to buy.
• Yearly billing: paying 12 months ahead costs 10 months. The setup fee is the same, and add-ons are billed monthly.
• Price changes: we give 30 days' written notice before a monthly price changes. Founding-customer prices are locked for the period in your order form.

4. Changing your plan

• Upgrade any time. You pay the difference between the setup fees; the new monthly fee starts with the next bill.
• Downgrade at the end of a billing month, with 7 days' notice. Systems not in the smaller plan are switched off or kept as paid add-ons, your choice.
• Add or remove add-ons any time; removal takes effect at the end of the billing month. Setup fees are not refunded.

5. Late payment, pause and restore

• A bill is late if it is not paid on its due date. We send reminders 1 and 7 days after the due date and a final notice after 12 days.
• If a bill is still unpaid 14 days after the due date, we may pause the services we run for you. While paused, the systems show a polite "temporarily paused" notice or stop their automatic replies (for example online ordering, AI chat, AI email replies and text-back). Nothing is deleted, and your accounts, website content and data stay yours.
• Every system we install checks a status link on our side to know whether it may run. You agree not to remove or get around that check while you are a customer. If it is removed, we may end the agreement and our licence (section 2).
• Restore: once the open amount is paid, we switch everything back on, normally the same business day. There is no restore fee and no late fee.
• If a bill is unpaid for 60 days, we may end the agreement (section 8).

6. Support levels

• A small change is about 15 minutes of work: a price, hours, a photo, a short text, one FAQ answer. Unused small changes do not roll over. Extra small changes are $49 each. Bigger work is quoted first.
• Business hours: Sunday–Thursday 9 AM–6 PM, Friday 9 AM–12 PM, closed Saturday and on Jewish holidays (Eastern Time). Response times are targets, not guarantees.
• On every plan we check your systems every day and keep backups in your own account.

7. AI answers and outside services

AI replies can be wrong. Email replies start as drafts for you to read; you decide when automatic sending starts and you can stop it any time. A privacy filter blocks words on your private list, but no answer is guaranteed to be perfect. You are responsible for what your business sends to your customers.

Your systems run on outside providers (for example hosting, email, phone, text and payment providers). We are not responsible for their outages, price changes or rule changes, but we will help you adapt.

8. Term and cancellation

• Minimum term: 6 months after hand-over, then month to month.
• After the minimum term, either side can cancel with 30 days' written notice (email is fine). If you cancel during the minimum term, the monthly fees for the rest of the minimum term are due.
• On cancellation your accounts, website content and data stay with you. We give you a short written guide, switch off our licensed systems (for example AI replies, chat and reports) and remove our access within 10 business days. Monthly fees already paid are not refunded. Setup fees are not refunded once work has started.
• We may end the agreement with 30 days' notice, or at once for non-payment over 60 days, removal of the status check, or misuse (for example spam or anything illegal).

9. Privacy

We use your information and your customers' information only to set up, run and support your systems. We do not sell it. Our Privacy Policy explains the details.

10. Limit of liability

We do our work with care, but we provide the systems "as is". We are not liable for lost profits, lost sales or indirect damages. Our total liability for any claim is limited to the fees you paid us in the 3 months before the claim. Nothing in these terms limits liability that the law does not allow us to limit.

11. Changes to these terms

We may update these terms. We will email you at least 30 days before a change that affects you takes effect. The date at the top shows the latest version.

12. Law

These terms are governed by the laws of the State of New York. Any dispute will be handled in the courts of New York State.

Contact

Empowner · operated by Mechel Berger · New York · hello@empowner.com

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