Effective Date: June 12, 2026 Last Updated: June 12, 2026
These Terms and Conditions ("Terms") govern your access to and use of the website, platform, and services operated by ESMonte AI Agency ("ESMonte AI," "we," "us," or "our"), including:
By accessing our Services, submitting any form, booking a demo, purchasing a subscription, or otherwise engaging with ESMonte AI, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, do not access or use the Services. These Terms apply to all visitors, prospects, clients, and users of the ESMonte AI platform.
ESMonte AI is an AI-powered business automation company providing AI calling solutions designed to automate and optimize the sales process. Our Services include:
ESMonte AI is a technology and automation service provider. We are not a licensed legal, financial, or medical advisor. Our AI systems are tools to automate communication — they do not replace qualified professional advice.
To access or use the Services, you must:
We reserve the right to refuse access to any individual or business at our sole discretion. Submitting false or misleading information may result in immediate termination of your account and access to the Services.
Upon subscribing to ESMonte AI, you will be granted access to a client dashboard and associated AI system configurations. You are responsible for:
ESMonte AI is not liable for any loss or damage resulting from your failure to maintain account security. We reserve the right to suspend or terminate accounts we believe have been compromised or used in violation of these Terms.
Access to ESMonte AI's paid Services requires a subscription. By subscribing, you agree to the following billing terms:
No Refund Policy: All setup fees are non-refundable. Monthly subscription fees are non-refundable once the billing period has commenced. If you believe a charge was made in error, contact us within 14 days of the charge date.
By submitting your phone number or email address through any ESMonte AI form, booking page, or demo request, you expressly consent to receive:
This consent is not a condition of purchase. You may opt out at any time by replying STOP to any SMS, clicking "unsubscribe" in any email, or contacting us directly. Standard message and data rates may apply.
If you deploy ESMonte AI's calling system for your own customers, you are solely responsible for ensuring all required consents are obtained from your end-users in compliance with the TCPA, CAN-SPAM Act, and all other applicable laws. ESMonte AI is not liable for your failure to obtain proper consent from your customers.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
Violations of this section may result in immediate suspension or termination of your account without refund, and we reserve the right to report violations to appropriate authorities.
All content, technology, and materials associated with the ESMonte AI platform — including but not limited to software, AI models, workflows, branding, logos, website content, training materials, and documentation — are the exclusive property of ESMonte AI Agency or its licensors and are protected by applicable intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes during your active subscription period. This license does not grant you any ownership interest in the platform or its underlying technology.
You may not reproduce, redistribute, modify, create derivative works of, publicly display, or otherwise exploit any ESMonte AI content or technology without prior written permission.
Your Content: You retain ownership of all data, scripts, brand information, and content you provide to ESMonte AI for the purpose of configuring your AI system. By providing this content, you grant us a limited license to use it solely to deliver and improve the Services on your behalf.
The ESMonte AI platform integrates with and may link to third-party services including CRM platforms (GoHighLevel, Salesforce), calendar tools, payment processors, telephony providers, and messaging APIs. Your use of these third-party services is subject to their own terms of service and privacy policies.
ESMonte AI is not responsible for the availability, accuracy, security, or conduct of any third-party service. We do not endorse any third-party service simply by virtue of offering an integration with it.
If a third-party service is discontinued, changes its API, or becomes unavailable, ESMonte AI will make reasonable efforts to provide an alternative but is not liable for any disruption to your workflows resulting from third-party changes outside our control.
THE SERVICES AND ALL CONTENT, INFORMATION, AND TECHNOLOGY PROVIDED BY ESMONTE AI ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, OR NON-INFRINGEMENT.
ESMONTE AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM SECURITY VULNERABILITIES, OR THAT ANY DEFECTS WILL BE CORRECTED. AI-GENERATED RESPONSES ARE NOT GUARANTEED TO BE ACCURATE, COMPLETE, OR APPROPRIATE FOR YOUR SPECIFIC SITUATION. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF OR RELIANCE ON THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESMONTE AI AGENCY AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, MISSED LEADS, OR BUSINESS INTERRUPTION — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ESMONTE AI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT YOU PAID TO ESMONTE AI IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless ESMonte AI Agency and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
Either party may terminate the Services with written notice. You may cancel your subscription at any time by contacting [email protected]. Cancellations take effect at the end of the current billing period.
ESMonte AI reserves the right to suspend or terminate your access to the Services immediately and without prior notice if:
Upon termination, your access to the platform and all associated AI configurations will be disabled. ESMonte AI has no obligation to retain your data beyond the periods specified in our Privacy Policy. Sections 8 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Governing Law) survive termination.
These Terms are governed by the laws of the United States of America and the state in which ESMonte AI Agency is registered, without regard to its conflict of law provisions.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be addressed through good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA), conducted in English.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
ESMonte AI reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where required, notify you by email or through the platform.
Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically. If you do not agree to the updated Terms, you must discontinue use of the Services.
If you have questions, concerns, or requests related to these Terms and Conditions, please reach out to us: