Empowerkit Site Owner Terms of Use

  1. By using the Services, You are agreeing to be bound by the following terms and conditions (“Site Owner
    Terms of Use”).

  2. We reserve the right to update and change the Site Owner Terms of Use from time to time without notice.
    Any new features that augment or enhance the current Service, including the release of new tools and
    resources, shall be subject to the Site Owner Terms of Use. Continued use of the Service after any such
    changes shall constitute Your consent to such changes. You can review the most current version of the
    Site Owner Terms of Use at any time at: http://empowerkit.com/ek-terms-of-use

  3. Violation of any of the terms below will result in the termination of Your Account. While We prohibit
    such conduct on the Service, You understand and agree that We cannot be responsible for Your Data posted
    on the Service and You nonetheless may be exposed to such materials. You agree to use the Service at
    Your own risk.

  4. You may not access the Services if You are Our Direct Competitor (as hereinafter defined), except with
    Our prior written consent. In addition, You may not access the Services for purposes of monitoring their
    availability, performance or functionality, or for any other benchmarking or competitive purposes.

Account Terms

  1. You must be 13 years or older to use this Service.

  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

  3. You must provide your legal full name, a valid email address, and any other information reasonably
    requested in order to complete the signup process.

  4. You are responsible for maintaining the security of your Account and password. We cannot and will not be
    liable for any loss or damage from your failure to comply with this security obligation.

  5. You are responsible for all Your Data posted and activity that occurs under your Account.

  6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the
    Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

API Terms

  1. We may make available partial access to the Service and/or Your Data via an API (Application Program
    Interface). Any use of the API, including use of the API through a third-party product that accesses the
    Service, is bound by the terms of this agreement plus the following specific terms:

  2. You expressly understand and agree that We shall not be liable for any direct, indirect, incidental,
    special, consequential or exemplary damages, including but not limited to, damages for loss of profits,
    goodwill, use, data or other intangible losses (even if We has been advised of the possibility of such
    damages), resulting from Your use of the API or third-party products that access data via the API.

  3. Abuse or excessively frequent requests to the Service via the API may result in the temporary or
    permanent suspension of Your Account’s access to the API. We, in Our sole discretion, will determine
    abuse or excessive usage of the API. We will make a reasonable attempt via email to warn the Account
    owner prior to suspension.

  4. We reserve the right at any time to modify or discontinue, temporarily or permanently, Your access to
    the API (or any part thereof) with or without notice.

Third-party Software

  1. If development of the Service relies on usage of a third-party software’s API (Application Program
    Interface), any downtime that any such API experiences may affect Your ability to use the Service. We
    will communicate such instances to You as they may occur. Note: the length of API downtime instances
    does not always directly equate to the resulting delays in the use of the Service. You have the right to
    request for a list of the third-party software that We use to provide the Service at anytime upon
    written notice to Us.

Payment Terms

  1. A valid credit card is required for paying Accounts.

  2. Product Website(s) that are created under Your Account, and/or paid feature(s) or service(s) that You
    opt-in to use, will be billed to You in accordance with the pricing shown on the sign-up, billing,
    and/or pricing page(s) on empowerkit.com, or through the Service, if applicable.

  3. Notwithstanding anything to the contrary contained herein, in no event shall any fees which are prepaid
    by You for Service provided under the Site Owner Terms of Use be refunded to You for any reason,
    including any termination of Your Account.

  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be
    responsible for payment of all such taxes, levies, or duties.

  5. From time to time, We may make additional Services available for optional purchase by You.

Accreditation and Promotion

  1. We retain the right to reproduce, publish, and/or display the Service in Our portfolios and websites for
    the purposes of recognition of creative excellence or professional advancement, and to be credited with
    authorship of the Service in connection with such uses. You hereby approve Our inclusion of any visual
    representation of the Service and a description of the Service in Our portfolios and websites. We also
    reserve the right to include “Powered by Empowerkit” label at the bottom of all Product Websites.

Advertising & Communication

  1. If You opt-in for the Affiliate Program or otherwise promote others to signup for the Service, You
    assume responsibility for communicating what the Service, including Product Websites, entails to those
    who You promote to. You shall not use the word “Empowerkit” in any advertising or other forms of
    communication without Our prior written approval, other than wording and/or graphic representations that
    We provide on Our website or explicitly provide in other forms. For any advertising or other forms of
    communication, You agree to only represent the Service in a manner that is consistent with materials We
    have published or provided to You. If You misrepresent the Service in any way, including but not limited
    to making false or misleading claims about the performance or results that can be gained from use of the
    Service, We reserve the right to terminate Your Account immediately and You shall be liable for, and
    shall indemnify Us against, any and all claims, losses, damages and expenses (including attorney’s fees)
    relating to or arising from the termination of the Service provided to You.

Support & Requests

  1. We shall use reasonable efforts to respond to Bugs found in the Service reported by Users through the
    designated support system within 24 hours between 9 a.m. and 6 p.m. Monday through Friday, excluding
    national holidays designated in the United States and Mexico.

Cancellation and Termination

  1. We, in Our sole discretion, have the right to suspend or terminate Your Account and refuse any and all
    current or future use of the Service for any reason at any time. Such termination of the Service will
    result in the deactivation or deletion of Your Account or Your access to Your Account, and the
    forfeiture and relinquishment of all Your Data in Your Account. We reserve the right to refuse service
    to anyone for any reason at any time. For example, We may terminate this agreement immediately upon
    written notice to You in the event (a) You fail to pay any amounts due hereunder, (b) We determine, in
    Our sole discretion, that the content provided by You on a Product Website is unacceptable, offensive,
    immoral, illegal, misleading or untrue in any respect, or (c) You are using the Service for any
    offensive, immoral or illegal purpose or is otherwise abusing its use of the Service, (d) You are
    engaged in fraudulent behaviour, (e) You are using the service in breach of applicable laws and
    regulations including international trading sanctions, as We may determine, in Our sole discretion. An
    abuse of the Service shall include, without limitation, spamming by You. You shall also have the right
    to terminate this agreement for any reason or no reason upon written notice to Us (which termination
    shall be effective as of the last day of the then current Billing Cycle), and in such an event the
    parties shall be released from all further liabilities hereunder, except those liabilities which
    expressly survive the termination hereof. In the event this agreement is terminated, Your Product
    Website(s) and any other services for which You have opted to use will also be terminated, and all of
    Your Data will be immediately deleted from the Service upon termination. This information cannot be
    recovered once Your Account is terminated.

  2. Upon any termination by You (with or without cause), You shall forfeit any prepaid fees which are paid
    by You prior to the effective date of termination (even if such fees are for the Service to be provided
    after the effective termination date). In no event shall any termination relieve You of the obligation
    to pay any fees payable to Us for the period prior to the effective date of termination.

Modifications to the Service and Prices

  1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or
    permanently, the Service (or any part thereof) with or without notice.

  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are
    subject to change upon 30 days notice from Us. Such notice may be provided at any time by posting the
    changes to the Empowerkit website (https://empowerkit.com), or the Service itself.

  3. We shall not be liable to You or to any third party for any modification, price change, suspension or
    discontinuance of the Service.

Copyright and Data Ownership

  1. All of Your Data posted on the Service must comply with any applicable copyright law.

  2. We claim no intellectual property rights over Your Data. However, by setting Your Product Website(s) to
    be publicly viewable, You agree to allow others to view and share Your Data.

  3. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without
    express written permission from Us.

Reservation of Rights

  1. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in
    and to the Service, including all related intellectual property rights. No rights are granted to You
    hereunder other than as expressly set forth herein.

Suggestions and Requests

  1. You hereby grant to Us a royalty-free, worldwide, transferable, sub-licenseable, irrevocable, perpetual
    license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or
    other feedback provided by You, relating to the operation of the Service. We will accept any special
    requests You make, however, We reserve the exclusive right, in Our sole discretion, to implement or
    reject such requests, determine the specific execution and implementation of such requests, and elect
    whether or not additional fees will be required to be paid by You for such requests that result in
    additional Service. You will always need to approve such additional fees and terms in advance of the
    implementation and billing of such Service.

Intellectual Property Rights

  1. We shall retain all intellectual property rights to the platforms, software, applications, and services
    that are executed within them, excluding those who are owned by third-party vendors.

Marketing of Services

  1. We reserve the right to market and sell the Service to any individual or company in the future,
    including but not limited to Independent Representatives. If You are an Independent Representative, We
    reserve the right to market and sell the Service at prices solely determined by Us to any individual or
    company in the future, including but not limited to other Independent Representatives.

Manner of Giving Notice

  1. Except as otherwise specified herein, all notices, permissions and approvals hereunder sent to You from
    Us shall be in writing and shall be deemed to have been given upon the first business day after sending
    by email. Notices to You shall be sent to the email address that You enter upon signup or which You
    specify in Your Account.

General Conditions

  1. Your use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available”

  2. Technical support is only provided to paying Account holders and is only available via email and the
    provided support ticketing system included in the Service.

  3. You understand that We use third party vendors and hosting partners to provide the necessary hardware,
    software, networking, storage, and related technology required to run the Service.

  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it
    is associated with the Service or Us.

  5. ou agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of
    the Service, or access to the Service without the express written permission by Us.

  6. We may, but have no obligation to, remove Your Data and Accounts containing Your Data that We determine
    in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene
    or otherwise objectionable or violates any party’s intellectual property or these Site Owner Terms of

  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of Our
    customers, employees, members, or officers will result in immediate Account termination.

  8. You understand that the technical processing and transmission of the Service, including Your Data, may
    be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to
    conform and adapt to technical requirements of connecting networks or devices.

  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

  10. You must not transmit any worms or viruses or any code of a destructive nature.

  11. We do not warrant that (i) the Service will meet Your specific requirements, (ii) the Service will be
    uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the
    Service will be accurate or reliable, (iv) the quality of any products, services, information, or other
    material purchased or obtained by You through the Service will meet Your expectations, and (v) any
    errors in the Service will be corrected. In some places there may be non-excludable warranties,
    guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify
    non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are
    bound only by the express promises made in these terms. Our liability for breach of a non-excludable
    consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the service,
    (unless the non-excludable consumer guarantee says otherwise).

  12. You expressly understand and agree that We shall not be liable for any direct, indirect, incidental,
    special, consequential or exemplary damages, including but not limited to, damages for loss of profits,
    goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such
    damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement
    of substitute goods and services resulting from any goods, data, information or services purchased or
    obtained or messages received or transactions entered into through or from the Service; (iii)
    unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any
    third party on the Service; (v) or any other matter relating to the Service.

  13. Our failure to exercise or enforce any right or provision of the Site Owner Terms of Use shall not
    constitute a waiver of such right or provision. The Site Owner Terms of Use constitutes the entire
    agreement between You and Us and governs Your use of the Service, superseding any prior agreements
    between You and Us (including, but not limited to, any prior versions of the Site Owner Terms of Use).

  14. If You currently have an active agreement with Us governing Your terms of use of the Service, the only
    terms that survive such agreement are those that reflect Your responsibilities and/or Our agreement
    regarding the following: billing and payments, account fee minimum, duration of the agreement, and any
    custom and/or complementary services. Notwithstanding the foregoing, all other terms stated herein
    override any previous agreements between You and Us which were intended to govern Your use of the

  15. Governing Law and Venue: The laws of Victoria, Australia govern these terms, and you submit to the
    jurisdiction of the courts there for the resolution of any dispute between us.

  16. Export: You agree, in connection with your use of the Empowerkit and any Service, to comply with all
    applicable export and re-export control laws and regulations. US-specific controls: This service is not
    available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury
    Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export
    Envato Elements Items to a U.S. sanctioned country or to anyone on the SDN list. You warrant that You
    are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that
    You will not purchase the Empowerkit services using funds sourced from a sanctioned country.

  17. Questions about the Site Owner Terms of Use should be sent to hi@empowerkit.com


  1. “Affiliate”means any entity that directly or indirectly controls, is controlled by, or
    is under common
    control with the subject entity. “Control,” for purposes of this definition, means direct or indirect
    ownership or control of more than 50% of the voting interests of the subject entity.

  2. “Affiliate”means any entity that directly or indirectly controls, is controlled by, or
    is under common
    control with the subject entity. “Control,” for purposes of this definition, means direct or indirect
    ownership or control of more than 50% of the voting interests of the subject entity.

  3. “Affiliate Program”means a offer You opt-in for, whereby you promote signups of the
    and are compensated at a commission rate for the signups that result from your promotion. Specific terms
    for the Affiliate Program may be presented when you opt-in for the Affiliate Program, however we reserve
    the right to discontinue the Affiliate Program at any time.

  4. “Billing Cycle”means the recurring period of time during which You have paid for
    use of the Service, which starts on the date stated on the sign-up page.

  5. “Bug”or“Bugs”is when a functionality not labeled as an “Alpha Feature”
    or “Beta Feature”
    breaks, interrupts You in the middle of the process and/or crashes in one of the browsers that We

  6. “Direct Competitor”means any third party company, software, or other service
    that provides website replication solutions to businesses or individuals.

  7. “Free Account”means the use of free components and features of the Service, for
    which You do not pay Us for such use.

  8. “Independent Representative”means an independent contractor of the company with which
    You represent, if applicable.

  9. “Product Websites”means the websites that are created and managed using the Service,
    which are also part of the Service.

  10. “Service”means services which may be described, in part, on
    https://empowerkit.com and/or on the webpage where you sign-up, if applicable, and made accessible to
    You through a web-based login provided to You by Us.

  11. “We” , “Us” or “Our” Envato Pty Ltd having its offices at 121 King St
    Melbourne, Victoria 3000 Australia.

  12. “Your” or “Your” means the person or other legal entity for which you
    are accepting this agreement, and Affiliates of that person or entity.

  13. “Your Data” means all electronic data or information submitted by You to or for the