Please read these Terms of Service carefully before using our website or engaging our services. By booking a call, signing an agreement, or using any Empire Digital Agency service, you agree to be bound by these terms.
1. About Us
Empire Digital Agency ("Company," "we," "us," or "our") is an AI automation and web design agency based in Long Island, New York. We provide AI agent pipelines, website design, and digital marketing services to local businesses. These Terms govern your use of our website at empiredigitalny.com and any services we provide to you.
2. Services
We offer the following services, as described on our website and in any separate service agreement:
- AI lead generation and outreach pipelines
- AI reply handling and booking automation
- Website design and development
- AI social media management
- Google Ads optimization and management
- Ongoing monthly retainer services
The specific scope, deliverables, timeline, and pricing for your engagement are outlined in the proposal or agreement provided to you prior to the start of services.
3. Payment Terms
- Monthly retainer plans are billed on a recurring monthly basis. The first payment is due before work begins.
- One-time projects (website design, custom builds) require a 50% deposit before work begins, with the remaining balance due upon project completion and before the final deliverable is transferred.
- All payments are due within 7 days of invoice. Late payments beyond 14 days may result in a pause of services.
- All fees are in U.S. dollars and are non-refundable once work has begun, except as outlined in Section 5.
4. Client Responsibilities
To deliver our services effectively, you agree to:
- Provide accurate business information, including your target industry, location, and services offered
- Grant us access to necessary accounts (Google Business, Airtable, Twilio, etc.) as required for setup
- Review and approve outreach copy and messaging before live deployment when requested
- Ensure any phone numbers, email addresses, or domains we use on your behalf comply with applicable laws and carrier regulations
- Respond to onboarding requests within a reasonable timeframe to avoid project delays
5. Cancellation & Refunds
- Monthly plans can be cancelled at any time with 7 days' written notice. Cancellation takes effect at the end of your current billing cycle. No partial-month refunds are issued.
- One-time projects: The 50% deposit is non-refundable. If we fail to deliver an agreed scope without cause, we will refund the remaining balance paid.
- We reserve the right to terminate services immediately and without refund if a client violates these Terms, engages in illegal activity, or provides false information.
6. Intellectual Property
- Your content: You retain ownership of all content, branding, logos, and business information you provide to us.
- Deliverables: Upon full payment, you own the final website and any custom code or assets we build exclusively for you.
- Our tools & systems: The underlying AI pipeline architecture, agent frameworks, and proprietary processes we use remain our intellectual property. You receive a license to the output, not the underlying system.
- We reserve the right to display completed work in our portfolio unless you request otherwise in writing.
7. Compliance & Outreach
AI-powered outreach services (SMS and email) are subject to applicable laws including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and carrier regulations. You agree to:
- Use our outreach services only for lawful B2B communications to businesses with publicly listed contact information
- Honor all opt-out requests immediately — our systems are designed to do this automatically
- Not use our services to send spam, deceptive messages, or communications to consumer lists
- Accept responsibility for ensuring your outreach campaigns comply with the laws of your jurisdiction
We configure our systems with compliance in mind, but you remain the sender of record and bear ultimate legal responsibility for outreach conducted under your business name.
8. Limitation of Liability
Empire Digital Agency provides services on an "as is" basis. We do not guarantee specific results, revenue, lead volume, or booking rates — these depend on market conditions, industry, location, offer quality, and other factors outside our control.
To the maximum extent permitted by law, our total liability to you for any claim arising from our services shall not exceed the total fees you paid us in the 3 months preceding the claim. We are not liable for indirect, incidental, or consequential damages of any kind.
9. Confidentiality
Both parties agree to keep confidential any non-public business information shared during the course of the engagement, including pricing, strategies, client lists, and technical processes. This obligation survives termination of services for 2 years.
10. Governing Law
These Terms are governed by the laws of the State of New York, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Suffolk County, New York, or through binding arbitration if both parties agree.
11. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last updated" date. Continued use of our services after changes are posted constitutes your acceptance of the updated Terms.
12. Contact Us
Questions about these Terms? Reach out: