These Terms of Service ("Terms") are an agreement between PoweAI legal entity name ("PoweAI," "we," "us") and the business or organization that creates a PoweAI account or signs an order form with us ("Customer," "you"). If you accept these Terms for a business, you confirm you are authorized to bind that business.
Who can use PoweAI
PoweAI is a business tool for business owners and their teams. It is not a consumer product.
You may use PoweAI only for business purposes and only if you are at least 18 years old and able to form a binding contract. You are responsible for your account, for keeping credentials secure, and for everything that happens under your account, including activity by team members you invite ("Authorized Users"). Tell us promptly at support@poweai.com if you suspect unauthorized access.
The Service
PoweAI connects to the tools you choose, learns how your business works, and helps you run it through briefs, drafts and approved actions.
"Service" means PoweAI's website, platform, AI Business Brain, mobile and messaging experiences, and related support. With your authorization, the Service connects to third-party tools such as Gmail, Google Calendar, accounting software, a CRM, your website, SMS and WhatsApp (each a "Connected Service"). It builds and maintains a private memory of your business (the "Business Brain") and uses it to provide insights, briefs, drafts and, if you enable them, actions.
We continuously improve the Service and may add, change or retire features. Features labeled preview, beta or design partner are provided for evaluation, may change quickly, and are provided "as is." Design partner programs are also governed by your order form.
Connected Services
You choose what PoweAI can access, and you can disconnect anything at any time.
You authorize PoweAI to access each Connected Service you connect, within the permissions (scopes) you approve. You confirm you have the right to grant that access. Connected Services are provided by third parties under their own terms, including Google, Meta (WhatsApp), Twilio and your accounting or CRM provider, and we are not responsible for them. You can disconnect a Connected Service at any time in your settings or through that provider's security settings. Disconnecting stops new data access; deletion of data already collected is described in our Privacy Policy.
Information we receive from Google APIs is handled under the Google API Services User Data Policy, including its Limited Use requirements, as described in our Privacy Policy.
Autonomy and approvals
PoweAI only does what you have allowed. You can narrow or pause its permissions at any moment.
PoweAI works in stages you control: Observe, Recommend, Draft, Act with approval and Autonomous, as explained on our AI Transparency page. You choose which stage applies to which kinds of actions.
- Any action PoweAI takes within the permissions you have enabled, or that you approve (for example, by replying "YES"), is treated as authorized by you.
- You may pause, narrow or revoke permissions at any time. Changes apply to future actions.
- We keep a log of actions the Service takes, with the reason for each, so you can review them.
AI outputs
AI can be wrong. Review important outputs before you rely on them.
The Service uses artificial intelligence to generate insights, summaries, classifications, drafts and recommendations ("Outputs"). Outputs are generated automatically and may be inaccurate, incomplete or out of date. Outputs are not legal, tax, accounting, financial, medical or other professional advice. You are responsible for reviewing Outputs and for the decisions you make and the actions you approve.
Examples, figures and demo scenarios on our website illustrate how the Service works. They are not promises of specific business results.
Your data
You own your business data. We use it only to provide PoweAI to you, and we never sell it or use it to train general AI models.
"Customer Data" means data the Service receives from your Connected Services, content you or your Authorized Users submit, and the Business Brain derived from them. As between the parties, you own Customer Data. You grant PoweAI a limited, non-exclusive license to host, process, transmit and display Customer Data only as needed to provide, secure and support the Service for you and as described in our Data Processing Addendum ("DPA"), which forms part of these Terms.
- We do not sell Customer Data.
- We do not use Customer Data to develop, improve or train generalized or non-personalized AI or machine-learning models, and we require our AI model providers not to use it to train theirs.
- Your Business Brain is used only for your business.
"Usage Data" means technical and operational information about how the Service performs (for example, feature usage, error rates and latency). Usage Data does not include the content of Customer Data or any data received from Google APIs. We may use Usage Data to operate, secure and improve the Service.
Your responsibilities
You are responsible for having the right to message people and for following the laws that apply to your business.
You agree to:
- Provide accurate account information and keep it current.
- Have all consents and lawful bases needed for the data you connect and for every message the Service sends on your behalf, including under the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state telemarketing laws and carrier rules.
- Make any disclosure that a message or conversation is AI-generated where the law requires it, such as under Maine, California and Utah law.
- Not use PoweAI to make consequential decisions about individuals, such as decisions about employment, credit, housing, insurance, education, health care or legal services, without meaningful human review.
- Comply with our Acceptable Use Policy and SMS & WhatsApp Terms.
Fees and payment
You pay the fees in your plan or order form. Taxes are extra.
Fees, billing frequency and any design partner pricing are set out in your order form or the plan you select. Unless stated otherwise, fees are billed in advance, are non-refundable except where required by law or expressly stated, and exclude taxes, which you are responsible for. We may suspend the Service for invoices more than 15 days overdue after notice. We may change fees for a future renewal term with at least 30 days' notice.
Term, renewal and cancellation
Subscriptions renew until cancelled. You can export your data after you leave.
Your subscription starts on the date in your order form and renews for successive terms of the same length unless either party cancels before the renewal date. You can cancel in your account settings or by emailing support@poweai.com. Either party may terminate for a material breach that is not cured within 30 days of notice.
When your subscription ends, access stops. For 30 days afterward you may request an export of your Customer Data. We then delete Customer Data as described in the DPA.
Confidentiality
Each side protects the other's confidential information.
Each party will use the other party's non-public information only to perform under these Terms and will protect it with at least reasonable care. This does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully received from a third party. A party may disclose confidential information when required by law after giving notice where legally permitted.
Intellectual property
We own the PoweAI platform. You own your data and your Outputs.
PoweAI and its licensors own the Service, including software, models configurations, prompts, designs and trademarks. Subject to these Terms, you may use the Service during your subscription. You own the Outputs generated for you, to the extent permitted by law. You will not copy, reverse engineer, resell or build a competing product from the Service. If you send us feedback, we may use it without obligation to you.
Warranties and disclaimers
Each party represents that it has the authority to enter into these Terms. We will provide the Service in a professional manner consistent with these Terms.
Except as expressly stated, the Service and Outputs are provided "as is" and "as available." To the maximum extent permitted by law, PoweAI disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and does not warrant that the Service will be uninterrupted, error-free, or that Outputs will be accurate or achieve any particular business result.
Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility. Each party's total liability arising out of these Terms will not exceed the fees paid or payable by you to PoweAI in the 12 months before the event giving rise to the claim (or US $100 if no fees apply).
These limits do not apply to your payment obligations, a party's indemnification obligations, a party's breach of confidentiality, or liability that cannot be limited by law.
Indemnification
By PoweAI. We will defend you against third-party claims alleging that the Service, as provided by us, infringes their intellectual property rights, and pay resulting damages finally awarded or agreed in settlement.
By you. You will defend PoweAI against third-party claims arising from your Customer Data, messages sent on your behalf (including missing consents or required disclosures), or your use of the Service in violation of law or these Terms, and pay resulting damages finally awarded or agreed in settlement.
The indemnified party must give prompt notice, reasonable cooperation and control of the defense to the indemnifying party.
Suspension
We may suspend all or part of the Service if needed to prevent harm to the Service, other customers or third parties, to comply with law or a platform provider's requirements (for example, carrier or WhatsApp rules), for a material violation of our Acceptable Use Policy, or for overdue payment. Where practical, we will give advance notice and restore access promptly once the issue is resolved.
Changes to these Terms
We may update these Terms. If a change is material, we will give at least 30 days' notice by email or in the Service before it takes effect. If you continue to use the Service after the effective date, the updated Terms apply. If we want to use data received from Google APIs in a new way, we will ask for your consent first.
Governing law and disputes
Georgia law applies. We try to resolve issues informally first.
These Terms are governed by the laws of the State of Georgia, excluding its conflict-of-laws rules. Before filing a claim, each party will try to resolve the dispute informally for 30 days after written notice. The state and federal courts located in Fulton County, Georgia have exclusive jurisdiction, and each party consents to them. Each party waives any right to a jury trial to the extent permitted by law.
General
- Order of precedence. If documents conflict, this order applies: your order form, the DPA, these Terms, then other referenced policies.
- Assignment. Neither party may assign these Terms without consent, except to a successor in a merger or sale of substantially all of its business, with notice.
- Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
- Compliance. Each party will comply with export control and sanctions laws.
- Publicity. We will not use your name or logo as a customer reference without your permission.
- Entire agreement. These Terms, with the documents they reference, are the entire agreement on this subject. If any provision is unenforceable, the rest remains in effect. A failure to enforce is not a waiver. There are no third-party beneficiaries.
Contact
PoweAI legal entity name
Registered business address, Atlanta, GA
Legal notices: legal@poweai.com · Support: support@poweai.com