Terms of Service

Last updated: October 3, 2026

The short version. Energy Maxx AI gives you an AI sales and marketing operator (“Maxx”) with its own phone number and computer. You tell Maxx what to do, approve quoted spend, and Maxx acts for you inside the limits you set. Payments are handled through the Resolution Center rules in Section 9 — there are no refunds for work you approved and we performed, or because a call, message, or campaign did not produce the result you hoped for. Narrow refunds can be approved only for the specific failures listed in Section 9, and approved refunds are issued in 15–20 business days.

1. Who we are and who may use Energy Maxx AI

Energy Maxx AI is operated by Energy Engine AI, Inc. d/b/a Energy Maxx AI (“Energy Maxx AI”, “we”, “us”, or “our”) at energymaxx-ai.com. “Maxx” is our AI agent service. These Terms are an agreement between you and us.

You must be 18 or older and legally able to enter this agreement. Accounts are individual accounts tied to a phone number. If you use Energy Maxx AI for a business, you represent that you are authorized to act for that business and to direct outreach, spending, and use of its accounts and contact data.

2. Your account

Keep your phone, verification codes, portal access, and payment method under your control. You are responsible for activity through your account. Tell us immediately at support@energymaxx-ai.com if you suspect unauthorized use. Do not create a new account to evade a suspension or ban unless we give written permission.

Never paste a password, verification code, API key, or full payment-card number into a chat with Maxx. Credentials are provided only through the secure connector or credential-vault flow in your portal.

3. What Maxx does

Maxx can communicate by iMessage, SMS, WhatsApp, phone, and email; follow up leads; book and reschedule appointments; perform research; create content; build or update pages; coordinate campaigns; use connected services; and carry out other sales, marketing, operations, recruiting, customer-service, and business tasks you request.

You provide instructions, information, files, contacts, account access, and other material (“Input”). Maxx produces messages, content, records, recommendations, and other material (“Output”) and may take actions (“Actions”) based on your Input.

4. You appoint Energy Maxx AI as your limited agent

Appointment. When your account is active, you appoint Energy Maxx AI and Maxx as your limited agent to perform Actions you request or authorize. Within your instructions, approvals, budgets, connected accounts, and account settings, Maxx may:

send and receive calls, texts, emails, and other communications in your name or in the name you direct, including in an “own identity” or assistant identity mode you select;
access and interact with services you connect, exchange data with them, and create, update, send, schedule, or organize information in them;
confirm your acceptance of a third-party service’s terms when you first approve that kind of action, and thereafter act under that approval;
purchase tools, data, media, advertising, or services for you using your funded wallet or approved payment method; and
enter routine agreements, bookings, orders, or commitments that are reasonably responsive to your instructions and within your approved limits.

An agreement, purchase, booking, or commitment made by Maxx within this authority is treated as made by you and is binding on you as if you had taken the action directly. Energy Maxx AI is facilitating and operating the agent service; for a purchase from a third party, that third party remains the seller and its terms govern the purchased product or service.

Limits. A direct command authorizes spending from funds already in your wallet. Maxx must obtain your approval before accepting new legal terms, signing an agreement, or making a promise of a kind that is not already covered by your instructions and settings. You may narrow or revoke Maxx’s authority through your portal settings, by telling Maxx to stop a task, by opting out of communications, or by cancelling. Revocation applies going forward and does not undo completed Actions.

5. Instructions, approvals, and AI risk

AI can make mistakes. Output may be incomplete or wrong, and an Action may not always be reversible. Review important Output before relying on it, promptly review records of Actions, and verify appointments, prices, representations, and other consequential details. You are responsible for your Input and for using Output lawfully and appropriately.

Energy Maxx AI may use confirmation steps, budgets, spending limits, and other safeguards, but safeguards cannot guarantee that every unintended or erroneous Action will be prevented. Maxx is not a lawyer, accountant, financial adviser, medical professional, or other licensed professional, and Output is not professional advice.

When Maxx is uncertain about a material fact, it should tell you it does not want to guess, investigate, and continue only the parts that can be done safely.

6. Connected services and credentials

You authorize us to access and interact with each service you connect on your behalf. You are responsible for ensuring that your use and Maxx’s use comply with that service’s terms. Connected-service data you make available is Input; information Maxx creates or sends there is Output or part of an Action.

We use tap-to-connect authorization where available. Where no suitable authorization flow exists, passwords are accepted only through the secure credential vault. Vault credentials are used only to provide the service to you. Disconnecting a service revokes future access through that connection; indexed data remains subject to the Privacy Policy until you request deletion or delete your account data.

7. Your contacts, leads, and outreach

Only provide or ask Maxx to contact people and businesses you have a lawful basis to contact. You are responsible for the accuracy and lawful collection of contact lists, CRM records, consent records, suppression lists, and instructions you supply. Do not ask Maxx to make fake reviews or testimonials, unsupported claims, deceptive impersonations, unlawful recordings, spam, or communications that violate law or a recipient’s rights.

We honor STOP and other opt-outs. If a recipient asks not to be contacted, do not direct Maxx to contact them again through Energy Maxx AI.

8. Paid services, wallet, and approvals

Activation and wallet

Your dedicated Maxx line is activated after the applicable activation payment is successfully settled. The activation amount presented during onboarding is payable in U.S. dollars through our payment processor. Amounts you fund for work are held and applied as wallet credits according to the records shown in your portal.

Wallet credits are prepaid service credits, are not a bank account or stored-value account, do not earn interest, and are generally not redeemable for cash except where Section 9 or applicable law requires otherwise.

Quotes and authorization

Work with an additional cost is quoted before it runs. Your approval authorizes us to debit your wallet and incur the quoted third-party and service costs. If the wallet is short, we may offer a top-up link for the shortage. A daily spending limit, where set, means the maximum amount that may be charged to your bank/payment method per calendar day.

Prices, taxes, provider charges, and payment-processor fees may change. Your access to paid features may begin only after payment settles. Payment processors may place holds; those holds are between you and the processor.

9. Refunds, billing problems, and the Resolution Center

General rule: payments are non-refundable. This includes activation, wallet funding, subscription or service amounts, and amounts spent on approved work, except as required by applicable law or expressly approved through the Resolution Center under this Section. The reason is practical: activation provisions a real phone line and account, and approved work often immediately incurs telecom, data, model, media, advertising, and other third-party costs that cannot be recovered.

Use the Resolution Center first

For any billing concern, contact the Resolution Center through your Maxx agent, your portal support feature, or support@energymaxx-ai.com before filing a payment dispute. Include your account phone number and enough detail for us to investigate. Every case is reviewed against account records, quotes, approvals, receipts, call and message logs, usage records, and provider records. We may first cure the problem, re-perform the work, correct the ledger, provide a replacement, or issue wallet credit where that resolves the issue.

The only circumstances eligible for a cash refund

A cash refund may be approved only where our review verifies one or more of these specific circumstances:

Activation failure: you paid for activation, your dedicated line or agent was not activated, and we cannot activate it within a reasonable time;
Our duplicate or incorrect charge: our system charged you twice, charged an amount materially different from the approved quote without your approval, or debited you for a paid task that our system never started;
Material platform failure: a verified Energy Maxx AI glitch, outage, or emergency made the paid service materially unusable or prevented a paid deliverable from being provided, and we cannot cure it;
Our security incident: an emergency or confirmed data/security incident caused by our systems directly caused the charge or loss at issue, to the extent a refund is an appropriate remedy; or
A specific written promise we failed to deliver: we promised a specific included deliverable in writing, failed to provide it, and cannot provide or cure it.

What is not refundable

The following are not grounds for a refund: you dislike the wording, style, tone, judgment, or outcome of a call, message, draft, design, or campaign; a prospect did not answer, reply, book, buy, or convert; expected revenue, appointments, ranking, or engagement were not achieved; the instructions or information supplied were incomplete or changed; a third-party service rejected, restricted, or changed an Action; third-party costs were already incurred for approved work; work was completed materially as quoted; or you changed your mind after activation or after work began. In those situations, we may still help revise, re-run, or improve the work under a new or existing authorization.

Timing and method

If, and only if, a refund is approved through the Resolution Center, we will issue it to the original payment method where reasonably possible. Approved refunds are issued within 15–20 business days after approval, subject to processor and bank posting times outside our control. Submitting a request does not guarantee approval, and the 15–20 business-day period begins on approval, not on the request date.

Payment disputes and chargebacks

Contact us first so records can be reviewed and an avoidable dispute prevented. If a chargeback or payment dispute is filed, we may pause wallet spending and agent Actions to prevent further charges while the dispute is investigated, suspend the dedicated line, and submit approval, receipt, usage, and delivery records to the payment processor. A chargeback does not itself establish that a refund is due under this Section or applicable law.

10. Cancellation and data choice

You may request cancellation through your agent, portal, or Resolution Center. We may first offer a resolution. If you confirm cancellation, you will be asked whether we may keep your data in de-identified or otherwise protected form to improve the technology. The choice is presented as an option you may leave selected to permit that use, or unselect to request deletion, subject to legal, security, payment, fraud-prevention, and record-retention obligations.

On cancellation, Maxx stops new work, your dedicated number is held for a 24-hour change-your-mind period and may then return to the number pool, and unused wallet credits are governed by Section 9. Data is handled according to your choice and the Privacy Policy.

11. Acceptable use

Do not use Energy Maxx AI to break the law; infringe rights; harass, threaten, deceive, or discriminate unlawfully; create fake reviews or unsupported factual claims; send unlawful marketing; impersonate a person without authority; gain unauthorized access; introduce malware; scrape or overload our systems; probe another customer’s account or data; reverse engineer the service except where law gives that right; train a competing AI model from our service or Output; or ask Maxx to conceal that content is AI-generated where disclosure is legally required or where Maxx has told you disclosure is required.

Customer data is isolated by account. Do not attempt to access, infer, or use another customer’s messages, contacts, credentials, files, wallet, or agent.

12. Ownership and feedback

We and our licensors own Energy Maxx AI, Maxx’s underlying systems, branding, and technology. We do not claim ownership of your Input merely because you provide it. As between you and us, you may use Output for your lawful business and personal purposes, subject to third-party rights and these Terms. AI Output may be similar to output generated for others, and we cannot guarantee that intellectual-property rights will vest in particular Output.

If you give feedback, you grant us the right to use it to operate and improve Energy Maxx AI without owing you compensation for the feedback itself.

13. Third-party services

Energy Maxx AI works through telecom, payment, AI-model, connector, data, hosting, and other third-party providers. We are not responsible for a third party’s service, pricing, availability, terms, or decisions. Your purchases and accounts with those providers remain subject to their terms. We may substitute providers where needed to provide the service.

14. Beta and changing features

Some features may be offered as tests or beta features. They may be incomplete, change, or be withdrawn. We may update features, providers, limits, and prices with notice where required. Continued use after an update takes effect means you accept the updated feature or price for future work; it does not retroactively change an already-approved quote.

15. Disclaimers

To the maximum extent permitted by law, Energy Maxx AI is provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted service, any number of leads or appointments, revenue, carrier delivery, third-party approvals, or that Output will be accurate or suitable for a particular use.

16. Liability and indemnity

To the extent not prohibited by law, neither party will be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, or lost profits, revenue, data, or business opportunity arising from the service. Our total liability for claims relating to Energy Maxx AI will not exceed the greater of $100 or the amounts you paid us for Energy Maxx AI in the six months before the event giving rise to the claim. Nothing in this Section limits liability that cannot lawfully be limited.

You agree to defend and indemnify us against claims, damages, and reasonable costs arising from your Input, contacts and lists, instructions, Actions you authorized, misuse of Energy Maxx AI, violation of these Terms, or violation of another person’s rights or applicable law.

17. Dispute resolution; arbitration and class-action waiver

Informal resolution first. Before arbitration or court, the complaining party must contact the other through the Resolution Center or by email and allow 30 days for a good-faith attempt to resolve the dispute. This informal step is required before filing, except where urgent injunctive relief is needed.

Binding individual arbitration. After the informal period, disputes relating to Energy Maxx AI will be resolved by binding arbitration administered by JAMS under its applicable rules, in English, by one arbitrator. The Federal Arbitration Act governs arbitrability. The arbitrator may award relief available to an individual under applicable law.

No class actions. Disputes must be brought only in an individual capacity. Neither party may participate in a class, consolidated, collective, or representative action, and the arbitrator may not combine claims or preside over a class proceeding. If this class waiver is found unenforceable for a claim, that claim must be brought in court and the arbitration agreement will not apply to that proceeding.

Exceptions. Either party may bring an individual claim in small-claims court, seek injunctive relief in a court of competent jurisdiction, or bring an intellectual-property claim in court.

Opt out. You may opt out of arbitration (but not separately from the class waiver as described above) by emailing support@energymaxx-ai.com within 30 days after first accepting these Terms. If you opt out, we are also not bound by the arbitration provision for your claims.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Where arbitration does not apply, venue will be in the state or federal courts located in Travis County, Texas, unless applicable law requires otherwise.

18. Calls, texts, and email

By providing a phone number or asking Maxx to contact you, you consent to calls and texts from Energy Maxx AI about your account and service, including by automated technology where permitted. Message frequency varies. Message and data rates may apply. Reply STOP to stop texts, HELP for help, or contact support@energymaxx-ai.com. Consent to service communications is not a condition of purchase except where a dedicated agent line and account communications are part of the service you bought. Wireless carriers are not liable for delayed or undelivered messages.

19. Changes, suspension, and termination

We may update these Terms by posting the revised version and updating the date above. For material changes, we will use reasonable efforts to notify you by email, portal, message, or another appropriate method. Continued use after the effective date is acceptance of the updated Terms for future use.

We may suspend or terminate access for breach, suspected fraud or abuse, legal requirements, non-payment or chargeback investigation, or risk to Energy Maxx AI, customers, or third parties. Provisions that by their nature should survive termination will survive.

20. Accessibility, miscellaneous, and contact

We aim for our web pages to be usable with a keyboard, have clear labels and sufficient contrast, and include alternative text for meaningful images. If you encounter an accessibility barrier, contact us and we will work to provide the information another way.

These Terms are the entire agreement about Energy Maxx AI and supersede prior understandings on the same subject. If a provision is unenforceable, it will be modified or severed to the minimum extent needed and the rest remains in effect. We may assign these Terms in connection with a business transaction. You may not assign them without our written consent. Headings are for convenience only.

Questions about these Terms or the service: support@energymaxx-ai.com.