Terms & Conditions

Last updated: July 9, 2026

1. Agreement to these terms

These Terms & Conditions ("Terms") govern your use of the website at emberion.ai (the "Site") and the services and communications provided by Emberion, an agentic automation studio operated by The Golden Curtain LLC, based in Katy / Houston, TX ("Emberion," "we," "us," or "our"). By using the Site, contacting us, or receiving text messages from us, you agree to these Terms. If you do not agree, please do not use the Site or our services. "Services" as used below is defined more fully in Section 2.

2. Services we provide

Emberion designs, builds, and operates custom AI-assisted agents and automations for small and mid-sized businesses — including SMS/text receptionists, web chat, voice assistants (where available), scheduling, and related back-office workflows ("Services"). We offer three stages of engagement, described below. The specific deliverables, fees, and timelines for any Build or ongoing engagement are set out in a separate written proposal or agreement between you and The Golden Curtain LLC (an "Engagement Agreement"). Nothing on this Site is an offer capable of acceptance by using the Site alone — a Build or retainer engagement begins only when both parties sign a written Engagement Agreement.

a. The Diagnostic (paid, one-time)

The Diagnostic is a paid, one-time working session (typically 90 minutes) in which we review your current lead-handling, scheduling, and follow-up process and identify concrete gaps and opportunities. Pricing is tiered by the size and scope of your operation, as shown on the Diagnostic page at the time of purchase:

• Solo ($500) — businesses with roughly 1–5 people.
• Growing ($1,500) — roughly 6–20 people.
• Established ($3,000) — 21 or more people.
• HIPAA-capable — Standard ($2,500) and Advanced ($5,000) — for healthcare and other regulated operations. The tier is based on the operational scope questions answered on the Diagnostic page (locations/staff size, systems that would each require their own Business Associate Agreement, and similar factors — never on patient information). See Section 10 below.

Every Diagnostic tier's deliverable is the same in kind: a working session plus a written summary of findings (a "Fix-Spec" or equivalent written summary) that is yours to keep, whether or not you engage us for a Build. See Section 11 for what that does and does not include.

b. The Build

A Build is the custom development and deployment of one or more AI-assisted agents for your business (for example, an SMS receptionist, web chat widget, or voice assistant). Build pricing is quoted individually per engagement (published reference range: $7,000–$9,000) and documented in your Engagement Agreement, which controls over any range stated on the Site or in marketing materials.

c. Care plans and add-on packages

Ongoing monthly care-plan retainers (Keeper, Operator, and Commander) and optional add-on packages (for example, missed-call text-back, reminder sequences, a review-request engine, a Spanish bilingual pack, after-hours emergency triage, a voice channel once available, an AI Tune-Up audit, or a rush-build surcharge) are shown with reference pricing on the Diagnostic page, but are not sold through this Site's checkout. They are arranged during or after your Diagnostic and are governed by a separate written Engagement Agreement or retainer addendum, not by these Terms alone — and remain subject to change before you sign one.

3. Diagnostic fee, credit, and cancellation terms

You may cancel your Diagnostic and receive a full refund if you notify us in writing (email is fine) within 7 calendar days of purchase and before your scheduled session has taken place. Once your session has taken place, the Diagnostic fee is fully earned and is not refundable, but it is credited in full toward the cost of a Build under a written Engagement Agreement signed within 60 days of your Diagnostic session. If no Engagement Agreement is signed within that 60-day window, the credit expires and the fee is retained as payment for the Diagnostic session already delivered. We may extend this window at our discretion; any extension will be confirmed to you in writing. If, for reasons within our control, we are unable to deliver your scheduled Diagnostic session at all, you will receive a full refund.

The tier you select (or that our scope-check tool recommends) at checkout is the tier you are charged. If you believe you were charged the wrong tier, contact us within 14 days of purchase at theguardians@thegoldencurtain.com and we will review your scope-check answers and correct any billing error.

If you place a deposit through deposit.html to lock in a Diagnostic slot booked by text, chat, or phone, that deposit is credited in full toward the Diagnostic tier you select at the time you pay it. Any remaining balance for that Diagnostic tier is due at your scheduled session. Once your Diagnostic session has taken place, the deposit (like the Diagnostic fee generally) is credited in full toward the cost of a Build under a written Engagement Agreement signed within 60 days of your Diagnostic session, on the same terms as the paragraph above; if no Engagement Agreement is signed within that window, the credit expires and the deposit is retained as partial payment for the Diagnostic session already delivered.

4. Text messaging (SMS) program

You opt in to text (SMS) messages in one of two ways: (1) you text us first — sending us a message is your consent to receive text replies about your request; or (2) you check the optional, unchecked-by-default consent box on the contact form on our Site. Calling us, or submitting the form without checking the box, does not enroll you in text messages. Messages relate to your request, such as appointment scheduling and confirmations, responses to inquiries and inbound leads, and quote, service, and follow-up messages.

• Message frequency varies depending on your interaction with us.
• Message and data rates may apply, according to your mobile carrier and plan.
• Reply STOP to any message to opt out at any time; reply HELP for help, or contact us at theguardians@thegoldencurtain.com.
• Carriers are not liable for delayed or undelivered messages.

We do not sell, rent, or share your phone number or your SMS opt-in consent with any third party or affiliate for their marketing purposes. Full details are in our Privacy Policy & SMS Terms.

5. Communications channels — scope and sensitive information

Section 4 above covers our text-messaging program specifically. This section applies to every way you can reach us or be reached by an Emberion-operated system — SMS/text, our website chat widget, phone, and email.

• You may be talking with an AI. Replies you receive by text or web chat from Emberion may be generated by an AI system, with human review and oversight as described in Section 7 below. We will not represent that a human wrote a message that was actually AI-generated.
• Do not send us patient information or other protected health information (PHI) through text, chat, or web forms. These channels are for general business inquiries, scheduling, and Diagnostic/Build questions only. Even where you are asking about a HIPAA-capable engagement, do not include patient names, health conditions, treatment details, or other PHI in a text, chat message, or web form — describe your business's operations and needs in general terms instead, or ask to schedule a call. See Section 10 for how PHI is handled once a HIPAA-capable engagement is actually underway.
• Any information you or your customers send us through these channels is handled as described in our Privacy Policy & SMS Terms, which remains the controlling document for data-handling and SMS-consent mechanics.

6. Acceptable use

You agree to use the Site and our services only for lawful purposes, and not to disrupt the Site, access it without authorization, or use it to transmit unlawful, harmful, or infringing content. This includes not submitting protected health information (PHI) or other legally sensitive personal data through the Site, text messages, or web chat, except as expressly permitted under a written Engagement Agreement with HIPAA-specific terms in place (see Section 10).

7. AI-assisted services: capabilities, limitations, and human oversight

Our Services use AI language models (including models provided by Anthropic) to draft replies, propose scheduling actions, and assist with customer communication. We design our systems so that final actions with real-world effect — such as confirming a booking or quoting a price — are carried out by fixed, deterministic rules that we write and control, not by free-form AI output. That said, AI-generated text can still be imperfect, incomplete, delayed, or occasionally wrong, and any specific escalation, triage, or emergency-routing behavior exists only to the extent it is actually built and confirmed in writing for your engagement — general descriptions of planned or in-progress capabilities are not a substitute for the specific, tested feature set defined in your Engagement Agreement.

Our AI-assisted Services are not an emergency system and do not replace calling 911 or another appropriate emergency number. Neither Emberion nor any agent we build is a substitute for direct human contact in a genuine emergency (for example, gas leaks, fire, medical emergencies, or immediate safety threats), unless and until a specific, tested escalation feature for that purpose is built, confirmed operational, and described in your written Engagement Agreement — and even then, it supplements, and does not replace, your own emergency procedures and direct lines to 911 or local first responders.

You are responsible for reviewing AI-drafted or AI-assisted communications sent on your behalf where you have the ability to do so, for maintaining your own emergency and safety procedures independent of any Emberion system, and for promptly notifying us of any AI output you believe is inaccurate, inappropriate, or malfunctioning.

8. No guarantee of results

Every business is different, and results depend on factors outside our control — your market, staff, existing systems, call/message volume, and how consistently the tools we build are used and maintained. We do not guarantee any specific number of leads booked, calls answered, jobs won, revenue increase, cost savings, or other business outcome from the Diagnostic, a Build, or any retainer service. Any example numbers, demos, or case studies we share are illustrative and are not a promise of similar results for your business. Specific, measurable commitments (if any) exist only where explicitly stated in a written Engagement Agreement.

Any performance claims we do make (including specific test results, such as an internal QA pass rate) reflect a point-in-time internal evaluation of a specific version of our systems, are updated as our systems change, and are not a warranty that future performance will be identical.

9. Third-party dependencies and services

Our Services rely on third-party infrastructure we do not own or control, including (as applicable) Anthropic (Claude AI models), Telnyx (SMS delivery and 10DLC campaign registration), Stripe (payment processing), Supabase (data storage), Vercel (hosting), and Vapi (voice, where enabled). We select these providers carefully, but we do not control their uptime, delivery rates, pricing, or policies, and we are not liable for outages, delays, message-delivery failures, data-processing errors, or service changes caused by a third-party provider. Where a provider outage or failure affects your Service, we will make commercially reasonable efforts to restore functionality or notify you, but we do not guarantee a specific response time or uninterrupted delivery unless stated in your written Engagement Agreement.

Carriers (for SMS) are, separately and independently, not liable for delayed or undelivered messages, as stated in Section 4 above.

10. HIPAA boundary: PHI-free Diagnostic; Business Associate Agreements

Where we describe a Diagnostic tier as "HIPAA-capable," that description refers to our ability to later build systems intended to operate within a HIPAA-compliant environment — it does not mean the Diagnostic itself is, or is conducted within, a HIPAA-covered process.

• The Diagnostic session is a PHI-free business-process consultation. It is scoped and priced using operational facts about your business (number of locations and staff, which systems you use, how many vendor systems would each require their own Business Associate Agreement, and whether an audit-logging deliverable is in scope) — never patient names, health information, or other protected health information (PHI). Do not share PHI with us during a Diagnostic, by any channel (see Section 5 above).
• HIPAA infrastructure is provisioned at the Build/engagement stage, not during the Diagnostic. If you proceed to a Build involving PHI, Emberion will, before that Build begins handling PHI, put in place the Business Associate Agreements (BAAs) reasonably necessary with the relevant subprocessors, and configure the technical and administrative safeguards (such as data isolation and retention limits) called for by that engagement, all as documented in your written Engagement Agreement. Your first month’s HIPAA-compliant infrastructure setup (BAAs, isolation, and retention configuration — typically $3,000 or more) is invoiced at the time your Build engagement begins and is due before we provision that infrastructure.
• Your responsibilities. If you are, or your business is, a HIPAA covered entity or business associate, you remain responsible for your own HIPAA compliance obligations, including determining whether a given use case requires a BAA, providing accurate information about your systems and workflows, and not transmitting PHI to us outside the channels and safeguards specified in your Engagement Agreement. We are not your compliance or legal advisor, and nothing here is a substitute for your own HIPAA counsel.
• Until a written Engagement Agreement with HIPAA-specific terms and any required BAA is fully executed, no Emberion system (including our text, chat, or Diagnostic-booking tools) should be treated as suitable for PHI, regardless of which Diagnostic tier you purchased.

11. Intellectual property

The Site and its content — including text, design, graphics, and the Emberion artwork and brand — are owned by The Golden Curtain LLC or its licensors and are protected by applicable law. You may not copy, reproduce, or redistribute them without our prior written permission.

Diagnostic deliverables

The written summary or Fix-Spec we prepare for you as part of a paid Diagnostic session is yours to keep and use in your business, whether or not you engage us for a Build — including sharing it with, or having it implemented by, another provider. This deliverable does not include our underlying methods, templates, prompt libraries, or software; see below.

Build deliverables and underlying platform

Unless your written Engagement Agreement states otherwise: (a) Emberion retains ownership of its underlying platform, reusable software components, prompt libraries, internal tools, and methodologies used to deliver any Build ("Platform IP"); (b) you receive a perpetual, non-exclusive, royalty-free license to use the specific configured agent(s), workflows, and prompts we build and deliver for your business, for your business's own internal use; and (c) you own your own business data, customer data, call/message transcripts generated through your deployment, and any content you provide to us ("Client Data"). We may use anonymized, aggregated data derived from Client Data to improve our Platform IP, but will not sell or share your identifiable Client Data with unrelated third parties. Specific ownership and license terms for a given Build (including any assignment of custom code, if agreed) are set out in your Engagement Agreement, which controls over this general provision.

12. Independent contractor status

Emberion (The Golden Curtain LLC) provides Services as an independent contractor, not as your employee, agent (except as expressly authorized in a written Engagement Agreement for a specific purpose, such as sending messages through a system we configure on your behalf), partner, or joint venturer. Nothing in these Terms or any Engagement Agreement creates an employment, partnership, franchise, or joint-venture relationship between you and Emberion. Each party is responsible for its own employees, contractors, taxes, and benefits.

13. Term; suspension; termination

These Terms apply for as long as you use the Site or receive communications from us. A Build or retainer engagement's specific term, renewal, and termination provisions (including notice periods and any wind-down obligations) are set out in your Engagement Agreement. Absent a different provision there:

• Either party may terminate an ongoing retainer or care-plan engagement with 30 days' written notice.
• We may suspend or terminate any Service immediately, without notice, if we reasonably believe you have violated Section 6 (Acceptable use), used the Services for an unlawful purpose, sent us content in violation of Section 5 (including PHI outside an authorized channel), or failed to pay amounts due.
• You may stop receiving text messages from us at any time by replying STOP, as described in Section 4.
• Sections that by their nature should survive termination — including Section 11 (Intellectual property), Section 15 (Limitation of liability), Section 16 (Indemnification), and Section 17 (Governing law) — survive any termination or expiration of these Terms or an Engagement Agreement.

14. Disclaimers

The Site is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. We do not warrant that the Site will be uninterrupted or error-free. See also Section 7 (AI-assisted services) and Section 8 (No guarantee of results) for additional limitations specific to our AI-assisted Services.

15. Limitation of liability

To the fullest extent permitted by law: (a) neither The Golden Curtain LLC nor Emberion will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost data, or business interruption, arising out of or relating to the Site, the Services, or any Engagement Agreement, even if advised of the possibility of such damages; and (b) our total aggregate liability arising out of or relating to the Site, the Services, or any Engagement Agreement — for all claims combined — will not exceed the total fees you actually paid to The Golden Curtain LLC for the specific Service giving rise to the claim in the 12 months before the claim arose.

This limitation does not apply to: (i) either party's indemnification obligations under Section 16; (ii) liability that cannot be limited or excluded under applicable law; or (iii) a party's fraud, willful misconduct, or gross negligence.

Liability terms for a specific engagement may be further addressed in the applicable written Engagement Agreement, which controls over this general provision to the extent of any conflict.

16. Indemnification

You agree to indemnify, defend, and hold harmless The Golden Curtain LLC and Emberion, and our officers, contractors, and personnel, from and against any third-party claims, damages, fines, and reasonable expenses (including attorneys' fees) arising out of: (a) your breach of these Terms or your Engagement Agreement; (b) your violation of any law, including consent, do-not-call/do-not-text, or data-privacy laws, in connection with contact lists, customer data, or messaging content you provide to us or direct us to use; (c) your failure to obtain or maintain valid, documented consent from your own customers for messages sent through any Emberion-built or Emberion-operated agent on your behalf; or (d) content or instructions you provide that we reasonably rely on in configuring or operating your Service.

In turn, we will indemnify, defend, and hold you harmless from third-party claims arising from our gross negligence or willful misconduct in providing the Services, subject to the limitations in Section 15. Specific representations about consent records, 10DLC/carrier campaign registration responsibilities (including that you register and own your own campaign under your own EIN where messages go out to your customers, rather than reusing Emberion's first-party registration), and contact-list provenance for any messaging campaign built on your behalf are addressed further in your Engagement Agreement, and you agree to maintain your own consent records separate from Emberion's own first-party registration and consent records.

17. Governing law; venue; dispute resolution

These Terms and any Engagement Agreement (unless it states otherwise) are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Any dispute relating to these Terms, the Site, or the Services is subject to the exclusive jurisdiction of the state and federal courts located in Harris County or Fort Bend County, Texas, and each party consents to personal jurisdiction and venue there.

18. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Site after an update means you accept the revised Terms. For an active Build or retainer engagement, material changes to these Terms that reduce your rights will not apply retroactively to that engagement unless we provide direct written notice (email is fine) and a reasonable opportunity to object, except where a change is required by law or by a change in a third-party provider's own terms.

19. Contact us

The Golden Curtain LLC (operating as Emberion)
Katy / Houston, TX
Email: theguardians@thegoldencurtain.com
Phone: (713) 742-2234