Terms of Service
Effective Date: August 19, 2026
These Terms of Service (“Terms”) govern your access to and use of the websites, software, AI systems, automation services, products, and related services provided by New Empire AI Agency (“New Empire AI,” “we,” “us,” or “our”).
By accessing our website, purchasing our services, creating an account, signing an agreement, or using any of our services, you agree to be bound by these Terms.
If you do not agree with these Terms, you should not use our services.
1. About New Empire AI
New Empire AI Agency is a sole proprietorship based in:
Ha Mabote, Maseru, Lesotho
Email: [email protected]
Phone: +266 5609 8706
Website: newempireai.com
New Empire AI provides AI-powered software, automation, consulting, implementation, and related services to individuals, businesses, and organizations worldwide.
2. Our Services
Our services may include, without limitation:
AI chatbots
AI voice agents
Lead follow-up automation
Appointment-setting systems
Customer support automation
SMS, WhatsApp, and social-media automation
Website AI widgets
AI-powered review and reputation systems
Lead engagement systems
Business workflow automation
AI integrations
AI consulting
Custom AI development
Software and automation implementation
Other AI-powered products and services
The exact services, features, pricing, deliverables, and limitations applicable to a customer may be described in an order, proposal, invoice, statement of work, subscription plan, or other written agreement.
If a written agreement specifically conflicts with these Terms, the written agreement will control to the extent of the conflict.
3. Eligibility
You must generally be at least 18 years old to purchase or independently use our services.
If you are under 18, you may only use or purchase our services with the involvement and authorization of a parent, legal guardian, or other person legally authorized to enter into the applicable agreement.
If you use our services on behalf of a business or organization, you represent that:
You are authorized to act on behalf of that business or organization;
You have authority to accept these Terms on its behalf; and
Your acceptance legally binds the business or organization to these Terms.
You may use our services from countries around the world, subject to applicable laws and any service-specific restrictions.
4. Acceptance of Electronic Agreements
You agree that electronic acceptance, including clicking an acceptance button, submitting an online order, signing electronically, paying an invoice, or otherwise affirmatively agreeing to an applicable agreement, may constitute acceptance of these Terms where legally permitted.
You agree that electronic records of transactions and communications may be used as evidence of the applicable agreement.
5. Accounts and Access
Certain services may require you to create an account or provide information necessary to provide the service.
You agree to:
Provide accurate and current information;
Keep account credentials secure;
Not share account credentials with unauthorized persons;
Notify us of suspected unauthorized access;
Be responsible for activity occurring through your account; and
Follow any applicable security requirements.
We may suspend access where reasonably necessary to protect our systems, users, or third parties.
6. Free Trials
We may offer free trials for certain services.
Unless otherwise stated, a free trial will generally last 14 days.
Where a free trial requires payment information, the applicable subscription may automatically begin at the end of the trial period unless you cancel before the trial ends.
The specific terms of a trial, including duration and conversion to a paid subscription, will be disclosed before or when the trial begins.
We may limit one free trial per person, business, or payment method.
We reserve the right to modify or discontinue free trials at any time.
7. Pricing and Payment
7.1 Payment Due
Unless otherwise agreed in writing:
One-time project fees are due according to the applicable invoice or proposal.
Monthly subscriptions are billed in advance.
Annual subscriptions are billed in advance for the applicable annual period.
Custom services are billed according to the applicable proposal, statement of work, or invoice.
Payment must be made using an available payment method.
We may accept payments through methods including:
Stripe
PayPal
Bank transfer
Other payment methods we make available
7.2 Subscription Billing
Monthly subscriptions generally renew automatically each month unless cancelled before the next billing date.
Annual subscriptions generally renew automatically each year unless cancelled before the renewal date.
The applicable billing date will normally be established when you purchase or activate the subscription.
7.3 Failed Payments
If a payment fails, we may:
Attempt to process the payment again;
Notify you of the failed payment;
Temporarily restrict access;
Suspend services;
Charge applicable fees where legally permitted; or
Terminate the applicable service after reasonable notice.
You remain responsible for amounts properly owed under your agreement.
7.4 Taxes
Unless otherwise stated, prices may not include applicable taxes, duties, levies, or government charges.
You are responsible for taxes applicable to your purchase where required by law.
Where New Empire AI is legally required to collect a tax, we may add the applicable amount to your invoice.
7.5 Price Changes
We may change our prices from time to time.
For recurring subscriptions, we will provide reasonable notice of material price increases where required by applicable law.
Unless otherwise agreed, price changes will apply to future billing periods rather than periods that have already been paid.
8. Refunds
We aim to provide fair and reasonable refund practices while respecting applicable consumer-protection laws.
Unless otherwise required by law or expressly stated in a written agreement:
Subscription fees are generally non-refundable once the applicable billing period has begun.
One-time services may be non-refundable once substantial work has begun.
Custom AI development, setup, implementation, and configuration fees are generally non-refundable once work has begun.
Unused portions of a subscription are generally not refundable after cancellation unless required by law or agreed otherwise.
Nothing in this section is intended to remove or restrict mandatory consumer rights that cannot legally be waived.
Where applicable law provides a cancellation, cooling-off, refund, or other consumer right, that right will apply.
9. Cancellation
You may cancel a recurring subscription by following the cancellation process we provide or by contacting us.
Unless otherwise stated:
Cancellation will take effect at the end of the current paid billing period.
You will generally retain access to the applicable service until the end of that billing period.
Cancellation does not automatically entitle you to a refund for unused time.
Custom projects may be subject to separate cancellation terms contained in the applicable proposal, statement of work, or agreement.
10. Suspension and Termination by New Empire AI
We may suspend or terminate your access to some or all services if:
You fail to pay amounts due;
You violate these Terms;
You engage in illegal activity;
You use our services for fraud, abuse, spam, or harmful activity;
You misuse AI systems;
You infringe intellectual-property rights;
You create a security risk;
You attempt unauthorized access to our systems;
You interfere with our services;
You violate applicable communication, privacy, or consumer-protection laws;
Your use creates unreasonable technical or operational risk; or
We are legally required to do so.
Where reasonably possible, we may provide notice and an opportunity to remedy the violation before termination.
We may immediately suspend access where necessary to address security threats, illegal activity, serious abuse, or other circumstances requiring immediate action.
11. Acceptable Use
You agree not to use New Empire AI's services to:
Violate applicable law;
Commit fraud or facilitate fraudulent activity;
Conduct scams or deceptive schemes;
Send unlawful spam;
Harass, threaten, or abuse others;
Distribute malware or malicious code;
Conduct phishing attacks;
Gain unauthorized access to systems or accounts;
Circumvent security controls;
Infringe intellectual-property rights;
Violate privacy rights;
Impersonate individuals or organizations for deceptive purposes;
Create or distribute unlawful content;
Conduct unlawful automated calling, texting, emailing, or messaging;
Use AI to generate deceptive communications where prohibited by law;
Exploit or harm minors;
Conduct discriminatory or unlawful high-impact decision-making;
Interfere with the operation of our systems;
Reverse engineer or attempt to extract proprietary technology except where legally permitted;
Circumvent usage limits or technical restrictions;
Resell access to our services without authorization; or
Use our services in a manner that creates unreasonable risk to New Empire AI, its providers, clients, or other users.
We may take appropriate action, including suspension or termination, if we reasonably believe the services are being misused.
12. AI-Specific Restrictions
You may not use New Empire AI services to make or automate decisions that have legal or similarly significant effects on individuals in areas such as:
Employment;
Credit;
Insurance;
Housing;
Healthcare eligibility;
Education admissions; or
Other high-impact decisions where automated decision-making is restricted by applicable law,
unless such use has been expressly approved by New Empire AI in writing and appropriate legal, technical, and human-review safeguards are in place.
You remain responsible for ensuring that your particular use of AI complies with applicable laws and regulations.
13. AI Output and Accuracy
AI systems can produce outputs that are inaccurate, incomplete, outdated, misleading, or inappropriate.
Accordingly:
AI-generated outputs should be reviewed before being relied upon;
You are responsible for verifying important information;
You are responsible for reviewing customer-facing communications before or after deployment where appropriate;
AI-generated recommendations should not automatically be treated as professional advice;
AI outputs should not be relied upon as legal, medical, financial, tax, or other professional advice unless separately reviewed by a qualified professional.
You are responsible for determining whether an AI-generated output is suitable for your intended purpose.
New Empire AI does not guarantee that AI-generated outputs will always be accurate, complete, appropriate, or error-free.
14. Customer Responsibilities
You are responsible for:
Ensuring that information you provide to us is accurate;
Ensuring that you have the legal right to provide data to us;
Ensuring that customer information has been collected lawfully;
Obtaining required consents;
Having permission to contact your customers and leads;
Complying with applicable SMS, WhatsApp, email, telephone, and marketing laws;
Ensuring your marketing communications comply with applicable requirements;
Ensuring your content does not infringe third-party rights;
Ensuring your AI systems are configured appropriately;
Reviewing AI-generated outputs where appropriate;
Providing required privacy notices;
Responding appropriately to customer privacy requests;
Maintaining appropriate security for your accounts; and
Using our services in accordance with applicable laws.
If you provide us with customer or third-party data, you represent that you have the appropriate legal basis and authority to do so.
15. Intellectual Property
15.1 New Empire AI Property
New Empire AI retains all rights, title, and interest in its pre-existing and proprietary intellectual property, including:
Software;
AI systems;
Automation workflows;
Templates;
Prompts;
Processes;
Methodologies;
Documentation;
Website content;
Branding;
Proprietary technology;
System architecture;
Tools and integrations; and
Improvements to these materials.
Nothing in these Terms transfers ownership of New Empire AI's underlying intellectual property to a customer unless expressly agreed in writing.
15.2 Customer Property
Subject to the rights necessary for us to provide the services, customers retain ownership of content and information they provide to New Empire AI, including:
Business data;
Customer lists;
Documents;
Images;
Brand assets;
Marketing materials;
Customer information; and
Other materials supplied by the customer.
15.3 License to Customer Materials
You grant New Empire AI a limited, non-exclusive, worldwide license to access, copy, process, transmit, store, modify, and otherwise use your content only as reasonably necessary to:
Provide the contracted services;
Operate and maintain your AI systems;
Troubleshoot problems;
Provide customer support;
Maintain security; and
Fulfill our contractual obligations.
We do not obtain ownership of your customer content through this license.
16. AI-Generated Outputs
Ownership and rights relating to AI-generated outputs may depend on the applicable service, third-party AI provider, and applicable law.
To the extent legally permitted and subject to third-party rights and provider terms, New Empire AI intends for customers to be able to use outputs generated specifically for their account in connection with the services.
However, we do not guarantee that every AI-generated output is exclusively owned by the customer or that the output is free from third-party rights.
Customers are responsible for reviewing outputs before commercial use.
17. Confidentiality
Each party agrees to use reasonable care to protect confidential information received from the other party.
Confidential information may include:
Business strategies;
Customer information;
Pricing;
Credentials;
Technical information;
Non-public product information;
Trade secrets; and
Other information reasonably understood to be confidential.
Confidential information should only be used for purposes related to the applicable business relationship.
Confidentiality obligations do not generally apply to information that:
Is publicly available without breach;
Was already lawfully known;
Is independently developed;
Is lawfully received from another source; or
Must be disclosed by law or legal process.
18. Data Protection and Privacy
Your use of New Empire AI may involve the processing of personal information.
Our collection and use of personal information are described in our Privacy Policy, which forms part of these Terms by reference.
Our Privacy Policy is available on our website and explains how we collect, use, retain, protect, and disclose personal information.
Where New Empire AI processes personal information on behalf of a business client, additional contractual terms or data-processing agreements may apply.
19. Third-Party Services
Our services may depend on third-party platforms and providers, including:
OpenAI;
Google;
GoHighLevel;
Stripe;
PayPal;
Zapier;
Make;
Meta/WhatsApp;
BuildMyAgent.io;
Cloudflare;
Vercel;
CRM providers;
Hosting providers;
Communication providers; and
Other third-party services.
Third-party services may change, become unavailable, modify their APIs, impose restrictions, experience outages, or discontinue features.
New Empire AI is not responsible for failures, interruptions, price changes, policy changes, outages, or other issues caused by third-party providers.
Where a third-party service is essential to a particular service, we will make reasonable efforts to provide an appropriate alternative where commercially and technically feasible.
20. Service Availability
Unless we expressly provide a separate written service-level agreement, we do not guarantee a specific uptime percentage.
We aim to provide reliable and commercially reasonable service but cannot guarantee that services will always be:
Available;
Uninterrupted;
Secure;
Error-free; or
Free from delays.
Maintenance, technical problems, third-party outages, security incidents, network failures, and other circumstances may temporarily affect availability.
21. Beta and Experimental Features
We may occasionally offer beta, experimental, preview, or newly released features.
Such features may:
Contain errors;
Change without notice;
Be temporarily unavailable;
Have limited functionality;
Produce unexpected results; or
Be discontinued.
Beta and experimental features are provided on an “as available” basis unless otherwise agreed.
We may use feedback about such features to improve our services.
22. Changes to Services
We may modify, improve, add, remove, replace, or discontinue features or services from time to time.
Where a material change affects an active paid subscription, we will provide reasonable notice where appropriate and required by law.
We may change pricing for future billing periods subject to applicable notice requirements.
Nothing in this section permits us to remove mandatory consumer rights.
23. Professional Advice Disclaimer
New Empire AI provides AI technology and automation services.
Unless expressly agreed otherwise, our services do not constitute:
Legal advice;
Medical advice;
Financial advice;
Tax advice;
Investment advice;
Accounting advice; or
Other professional advice.
You should consult an appropriately qualified professional where professional advice is required.
24. No Guarantee of Business Results
We do not guarantee that our services will produce a particular:
Revenue increase;
Number of leads;
Conversion rate;
Appointment volume;
Cost reduction;
Customer-retention rate;
Return on investment; or
Business result.
Results depend on numerous factors outside our control, including your market, offer, pricing, sales process, lead quality, advertising, customer demand, staff performance, and implementation.
25. Disclaimer of Warranties
To the maximum extent permitted by applicable law, our services are provided “as is” and “as available.”
We disclaim warranties to the extent legally permitted, including implied warranties relating to:
Merchantability;
Fitness for a particular purpose;
Non-infringement;
Accuracy;
Availability; and
Uninterrupted operation.
Nothing in these Terms excludes a warranty or consumer right that cannot legally be excluded.
26. Limitation of Liability
To the maximum extent permitted by applicable law, New Empire AI will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including damages arising from:
Lost profits;
Lost revenue;
Lost customers;
Lost business opportunities;
Business interruption;
Loss of anticipated savings;
Loss or corruption of data; or
Other consequential losses.
To the maximum extent permitted by applicable law, New Empire AI's total aggregate liability arising out of or relating to a service will generally not exceed the greater of:
(a) the amount you paid to New Empire AI for the applicable service during the 12 months immediately preceding the event giving rise to the claim; or
(b) the amount you paid for the specific service giving rise to the claim.
This limitation does not apply where liability cannot legally be limited or excluded.
Nothing in these Terms is intended to exclude liability for fraud, intentional misconduct, or other liability that applicable law prohibits us from excluding.
27. Customer Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless New Empire AI and its representatives from claims, damages, losses, liabilities, costs, and reasonable expenses arising from:
Your unlawful use of the services;
Your violation of these Terms;
Your content or data;
Your violation of third-party rights;
Your violation of applicable laws;
Your unauthorized communications;
Your misuse of AI outputs; or
Your failure to obtain required permissions or consents.
We will provide reasonable notice of a claim where practicable.
28. Force Majeure
New Empire AI will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including:
Natural disasters;
Internet or telecommunications failures;
Power outages;
Cyberattacks;
Government action;
War;
Civil unrest;
Labor disputes;
Pandemics;
Third-party service outages; or
Other circumstances beyond our reasonable control.
29. Dispute Resolution
If a dispute arises, the parties should first attempt to resolve it through good-faith communication.
Before initiating formal proceedings, either party may provide written notice describing the dispute and the requested resolution.
The parties should attempt to negotiate a resolution for at least 30 days after notice, unless urgent legal relief is required.
If the dispute cannot be resolved through good-faith negotiation, either party may pursue available legal remedies.
Nothing in this section prevents a party from seeking urgent court relief where necessary to protect intellectual property, confidential information, security, or other legally protected rights.
30. Governing Law
These Terms are governed by the laws of Lesotho, subject to mandatory consumer-protection and other mandatory laws that may apply to a customer based on their location.
Where a mandatory law gives a consumer rights that cannot legally be waived, those rights remain unaffected.
31. International Customers
Because New Empire AI serves customers worldwide, additional laws may apply depending on where a customer is located.
Nothing in these Terms is intended to deprive consumers of mandatory rights provided by the laws applicable to them.
Business customers agree that, to the extent legally permitted, the contractual relationship will be interpreted consistently with the governing-law provision above.
32. Notices
We may provide notices through:
Email;
Your account;
The New Empire AI website;
In-product notifications; or
Other reasonable electronic means.
You agree that electronic notices may satisfy written-notice requirements where legally permitted.
33. Assignment
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law permits otherwise.
New Empire AI may transfer or assign these Terms in connection with a business restructuring, merger, acquisition, sale of assets, or similar transaction.
34. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable where legally possible.
The remaining provisions will continue in effect.
35. No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision later.
36. Entire Agreement
These Terms, together with applicable order forms, proposals, statements of work, subscription agreements, and our Privacy Policy, constitute the agreement governing your use of the applicable New Empire AI services.
If a specific written agreement between New Empire AI and a customer conflicts with these Terms, the specific written agreement will control to the extent of the conflict.
37. Changes to These Terms
We may update these Terms from time to time.
When we make material changes, we may provide reasonable notice through our website, email, account notifications, or other appropriate means.
The updated Terms will become effective on the date stated in the updated Terms, subject to any notice or consent requirements imposed by applicable law.
Your continued use of the services after the effective date of updated Terms constitutes acceptance where legally permitted.
38. Contact Us
If you have questions about these Terms, our services, billing, or your account, contact:
New Empire AI Agency
Address: Ha Mabote, Maseru, Lesotho
Email: [email protected]
Phone: +266 5609 8706
Website: newempireai.com
Effective Date: August 19, 2026
Last Updated: August 19, 2026