General

Use of Empire AI products and services (including but not limited to the Empire AI platform) constitutes your acceptance of and agreement to comply with Empire AI's billing policy.

All accounts are set up on a prepaid basis. Payment must be received by Empire AI before any billable product or service is provided/activated. In the event of a trial period, payment information must be on file before your account is created. You are required to keep a valid credit/debit card on file to charge for recurring monthly subscription and overage fees. All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.

Trial subscriptions are limited to one trial per person, per product. The purchase and subsequent cancellation of multiple trials may result in permanent closure of the account.

If it is determined that any user fails to pay the agreed upon monthly or annual payments by exploitation of any self billing feature, all associated accounts may be terminated immediately, without warning, and the user will be billed for all unpaid usage.

Subscription billing is based on the availability of products and services within the parameters defined by their packages. Certain fees may be usage-based (e.g. in Empire AI for e-mail, texts, phonecalls, hosting/bandwidth, domain names overages, courses, training, events, etc.).

Payment receipts are provided electronically with each purchase, and may also be provided upon customer request.

Billing Cycle

Credit/Debit Card Billing: All credit/debit cards are automatically charged on the customer's specific billing cycle date.

•Payment failure: In the event a credit/debit card fails to charge successfully, access to the product will immediately cease.

•Deactivation: Empire AI reserves the right to remove customer application data from its servers after nonpayment.

•Cancellation of a subscription immediately closes access to the account. If there is time remaining on a subscription year, please contact support to re-instate access.

Fees

•Collections Fee: In the event an account is submitted to a third-party collections service, a $35.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account.

•Chargebacks: If a customer initiates a chargeback, Empire AI may assess a $50.00 processing fee for each individual chargeback.

•Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.

Payment Methods

Empire AI accepts payments from most major credit cards, and in some cases, PayPal.

Subscription Billing

Invoices are generated and payments are collected at the beginning of each billing period. Customer billing periods typically begin on the day of the month (or year for yearly plans) in which the customer purchased the Empire AI subscription. Customers must request to cancel their subscriptions at least 10 days prior to their next billing date in order to avoid being charged on the billing date. Empire AI will not prorate any portion of unused subscription services. All subscription fees are nonrefundable except as described below.

Account Limits

Every Empire AI package or plan comes with a set amount of email, text, and telephony credits. You are responsible for the cost/charge of any use above that and will be billed automatically for that usage.

Email/Text/Telephony consumption limits: amount of system resources you may consume, without extra charge, through a standard monthly billing cycle.

Read below under the "Overage Billing" section for details on the overage fees.

•Basic package: Approximately 1,000 emails OR 95 texts OR 85 min of calls or any combination thereof.

•Standard package: Approximately 10,000 emails OR 933 texts OR 823 min of calls or any combination thereof.

•Premium package: Approximately 25,000 emails OR 2300 texts OR 2000 min of calls or any combination thereof.

Overage Billing

Basic, Standard and Premium packages

Empire AI has established monthly usage allotments and additional usage fees for certain features of the Software, based on factors including usage, demands, and third party charges. At present, email, text, and telephony (calls) are the only features for which monthly allotments have been established and additional usage fees apply. Note that any Empire AI refund policies that exist DO NOT APPLY to usage fees.

These fees are indicated here below. The fees and limitations will be updated from time to time. Your continued use of the Software is your agreement to the current rates. Empire AI strives to keep the fees fair for all who require additional usage:

•Email: As a User of the Empire AI Software, you can send a specific number of emails per month depending on the package purchased without additional fees. For each additional 1 thousand emails, you will incur a charge of US $2.10.

•Text/Calls: Phone/SMS services are billed at the rate of $0.026/min outbound calls, $0.017/min inbound calls, $0.015 text messages. $10.00 gives approximately 255 outbound call minutes OR 390 inbound call minutes OR 455 text segments. A text segment is 160 characters or less sent in one SMS text. Outbound SMS from the US to Canada will be billed at $0.0237 per segment. All rates are based on US calls from a US number. International call rates may be different and vary.

•Once you have used your monthly credits, you will be billed in increments of $10.00 (or more) to establish a new credit for calls and SMS texts. If you go over your allocated amount for any of the above services (Email, Calls, SMS), the corresponding overage fee will be charged to your account. You can review and monitor for overages in your billing profile. Your account will continue working without any change provided overages are paid when due.

•Note that the minimum dollar amount Empire AI can charge a credit card for is US$ 1.00. Therefore, if your overage charges for any given 30-day period is between US$ 0.01 and US$ 0.99, Empire AI will default the charge to US$ 1.00.

Basic, Standard and Premium packages

​Empire AI has established packages that contain exclusive features for that level. A subscriber will only have access to the features available in their package level.

Normal, Reasonable Business Use

Empire AI offers unlimited features within normal and reasonable business use limits. The unlimited features are plan specific. Normal and reasonable use of unlimited plans must be consistent with the type and level of usage per typical customers in the particular plan.

Excessive Use Of Unlimited

Businesses engaging in these practices may cause a degradation in the service Empire AI provides. Unauthorized or excessive use beyond that normally experienced by business customers may lead to account throttling, suspension, or termination. Unlimited is not to be shared with any other independent or separate account, individual or user by any means. For this reason, Empire AI may consider “excessive” and per its sole discretion including, but not limited to:

•Unreasonable number of requests to our servers

•Volume of page views

•Volume of video views

•Video streaming bandwidth consumed

•Number of Videos uploaded per day, week, month...

•Number of emails sent per day, week, month...

•In addition, plans with unlimited access to features cannot, under any circumstances, be used for providing a video service, email service, or other high volume or multi-person video or email purposes.

Empire AI further reserves the right to withdraw or change any unlimited feature at any time. If Empire AI makes any change(s) to an unlimited feature, you will receive a notification describing the change(s) to the relevant unlimited feature and the date such changes take effect.

Package Upgrade/Downgrade

Empire AI subscriptions are purchased on a fixed-term basis: monthly, yearly or bi-yearly, depending on the plan you registered for.

When an account is upgraded to a higher tier, the system will run a one-off pro-rated charge for the remaining days of the current billing period. From there after, the standard fees for your newly upgraded package will become effective. Overages are charged based on the package subscription active at the time of them being incurred.

Account downgrades require communication with Empire AI's support portal (find the link at the footer of the page) to ensure your account assets are reduced below package requirements. They will also go into effect the following billing cycle. Downgrading an account will also result in the loss of package features such as Calendars, Memberships, or other package benefits. It is up to the subscribing member to ensure that they have removed any data that might be lost due to a downgrade.

Refund Policies

Empire AI has a strict NO REFUND policy. Access to the software constitutes access to proprietary information, training, resources, and materials that can be downloaded and used by the subscriber. Therefore REFUNDS are not granted for any reason. If you have problems with the software, please communicate with our excellent support staff available in our support system, live chat, zoom support, office hours calls, and email at [email protected]

Empire AI may either refuse a refund request or disallow repurchase of a previously refunded product if we find any evidence suggesting fraud, refund abuse, trial abuse, or other manipulative behavior that allows use of the product without payment.

Cancellation Process

Creating a Cancellation request: A request to cancel a Empire AI application must be initiated at least 10 days prior to the next invoice date. Any request to cancel a Empire AI application must be made via email to [email protected] or via our customer support portal (support widget inside application) with a Empire AI representative. Customers are encouraged to keep records of all communications regarding cancellation. Until a cancellation request is made Empire AI will continue to treat it as an open account. Unless cancelled, the billing cycle will continue, possibly resulting in a past due account that may be turned over to a third party collection service. It is imperative that you chat with a Empire AI representative or email [email protected] if you wish to initiate cancellation of your Empire AI account.

Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be turned over to a third-party collection service.

Billing Disputes

Each Empire AI customer agrees to provide Empire AI 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should Empire AI receive a chargeback from a third-party credit/debit card company or bank on the customer's behalf before Empire AI has been given a chance to resolve the issue, Empire AI has the right to charge the customer for its time spent in resolving such disputes and any associated fees incurred by Empire AI, in addition to the $50 chargeback fee mentioned above. Regardless of the outcome of the chargeback, Empire AI retains the right to collect on any Services or fees that are due. Empire AI may submit any disputed amounts to a collection agency. Once a chargeback has been received, Empire AI has the right to suspend the account until the matter is resolved.

Applicable Taxes

The Fees do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). Customer agrees to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent Empire AI is legally required to collect the same, will be itemized on the product invoice. If Customer has an obligation to withhold any amounts under any law or tax regime (other than U.S. income tax law), Customer will gross up the payments so that Empire AI receives the amount actually quoted and invoiced. If Empire AI has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount will be invoiced and paid by the Customer, unless, prior to the invoice date, the Customer provides Empire AI with a valid tax exemption certificate authorized by the appropriate taxing authority.

This document was last updated on January 1, 2024