Empower is a technology platform that supports the delivery of behavioral health services by licensed healthcare providers and their organizations. Empower itself does not provide medical advice, diagnosis, or treatment. Any clinical decisions are the sole responsibility of your treating providers.

If you are experiencing a medical or psychiatric emergency, do not use the Services. Call 911 (or your local emergency number) or dial 988 for the Suicide & Crisis Lifeline immediately.

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account in your own name. Minors may use the Services only through an account created or supervised by a parent or legal guardian, or under the direction of a covered entity authorized to provide care to that minor.

You are responsible for maintaining the confidentiality of your credentials, for enabling multi-factor authentication when available, and for all activity that occurs under your account. You agree to notify us promptly at support@empowermh.co if you suspect unauthorized access to your account.

Subject to these Terms, Empower grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose: supporting clinical care, communication, scheduling, documentation, billing, and related workflows, as applicable to your role.

You agree not to:

• Use the Services in violation of any applicable law, including HIPAA, the HITECH Act, state privacy laws, or licensing regulations;
• Access or attempt to access data you are not authorized to view;
• Reverse-engineer, decompile, disassemble, or scrape the Services, except as expressly permitted by law;
• Interfere with or disrupt the integrity, security, or performance of the Services;
• Upload viruses, malicious code, or content that infringes the rights of others;
• Share your account credentials with another person, or impersonate another user;
• Use the Services to send unsolicited communications or to harass any individual;
• Resell, sublicense, or commercialize the Services without our prior written consent.

When the Services are used in connection with the delivery of healthcare, Empower acts as a Business Associate of the covered entity (e.g., your clinic, practice, or treatment program) under HIPAA. Protected Health Information (“PHI”) is governed by HIPAA, the applicable Business Associate Agreement, and our Privacy Policy.

If you are a patient, requests to access, amend, restrict, or obtain an accounting of disclosures of your PHI should be directed to the covered entity that provides your care.

The Services include voice, video, SMS, email, and chat functionality. By using these features, you consent to receiving service-related communications from Empower and from the covered entity that provides your care.

Certain calls or video sessions may be recorded for clinical, quality-assurance, training, or compliance purposes, where permitted by applicable law and with appropriate notice or consent. Do not use the Services to record any person without the consent required by your jurisdiction.

You retain ownership of the content you upload, submit, or generate through the Services (“User Content”). You grant Empower a worldwide, royalty-free, non-exclusive license to host, store, process, transmit, and display User Content solely to operate, secure, and improve the Services and to perform our obligations to you and to our covered-entity customers.

You are responsible for the accuracy, legality, and appropriate authorization of all User Content. You represent that you have the right to upload it and that doing so does not violate any third-party rights or applicable law.

The Services may include features that use artificial intelligence to assist with tasks such as drafting clinical notes, translation, summarization, or workflow automation. AI-generated output may contain errors, omissions, or biases and must be reviewed and approved by a qualified human user before being relied upon for clinical, billing, or compliance decisions. You remain solely responsible for the final content of any record, decision, or communication that you act on.

Where applicable, fees for the Services are set forth in a separate written agreement between Empower and your organization. Patient-facing payments processed through the Services are governed by the terms of the covered entity that provides your care and by our payment processor’s terms. Unless required by law or specified otherwise, fees are non-refundable.

The Services rely on third-party providers (such as Amazon Web Services, Twilio, Daily.co, Stripe, and OpenAI) to deliver functionality. Your use of those features may also be subject to the applicable third-party terms. We are not responsible for the acts or omissions of third-party providers beyond our contractual and legal obligations to you.

The Services, including all software, designs, text, graphics, logos, and other content provided by Empower, are owned by Empower or its licensors and are protected by intellectual-property laws. Except for the limited license granted in these Terms, no rights are transferred to you. Empower’s name, logo, and product names are trademarks of Empower; you may not use them without our prior written permission.

We may suspend or terminate your access to the Services, in whole or in part, at any time, with or without notice, if we reasonably believe that you have violated these Terms, applicable law, or that suspension is necessary to protect the Services, our customers, or any individual.

You may stop using the Services at any time. Upon termination, provisions that by their nature should survive (including intellectual property, disclaimers, limitations of liability, indemnity, and governing law) will continue in effect.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, EMPOWER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EMPOWER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE FROM ALL ATTACKS, OR FREE OF HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, EMPOWER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU OR YOUR ORGANIZATION TO EMPOWER FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

You agree to defend, indemnify, and hold harmless Empower and its affiliates from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of (a) your use of the Services in violation of these Terms or applicable law; (b) User Content you submit; or (c) your violation of any third-party right.

These Terms are governed by the laws of the State of Arizona, excluding its conflict-of-laws principles. Except for claims that may be brought in small-claims court or actions for injunctive relief to protect intellectual-property rights, any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of those courts.

We may update these Terms from time to time. When we do, we will revise the “Effective Date” above and, where appropriate, provide additional notice. Your continued use of the Services after an update constitutes acceptance of the revised Terms.

Questions about these Terms can be directed to:

• Legal: legal@empowermh.co
• General support: support@empowermh.co