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Terms of Service

Effective Date: April 22, 2026  ·  Version 2.1

These Terms of Service govern your use of Empowered Sessions, operated by Empowered Applications LLC. By accessing or using the platform, you agree to be bound by these terms. Please read them carefully.

These terms constitute a legal agreement between you (and, if applicable, the organization you represent) and Empowered Applications LLC. If you are using Empowered Sessions on behalf of an organization, you represent that you have authority to bind that organization to these terms.

1. Description of Service

Empowered Sessions is a service delivery management and compliance documentation platform designed for education, therapy, developmental disability, and related service providers. The platform enables organizations to:

  • Track session attendance and service delivery
  • Manage client and student records and documentation
  • Store and organize service authorization records and compliance documents
  • Generate, review, and export compliance reports and progress documentation
  • Manage billing workflows, timesheets, and invoicing
  • Store and review session recordings (MP4 files)
  • Coordinate with state and agency billing requirements (DDD, Regional Center, etc.)
  • Facilitate team communication and approval workflows

2. Account Registration & User Responsibilities

To use Empowered Sessions, you must:

  • Be at least 18 years of age
  • Provide accurate, complete, and current registration information
  • Maintain the confidentiality of your account credentials and not share your login with others
  • Notify us immediately at security@empoweredsessions.app of any unauthorized access to your account
  • Accept responsibility for all activities conducted under your account
  • Ensure that all staff members in your organization are authorized to use the platform and have agreed to these terms

Organization administrators are responsible for managing team member access, assigning appropriate roles, and revoking access when staff members leave or no longer require access.

3. Data Ownership & Your Responsibilities

You Own Your Data

You and your organization retain full ownership of all data, content, and documents you upload or create in Empowered Sessions. We do not claim ownership of client records, session notes, recordings, or any other content you submit. By using the platform, you grant Empowered Applications LLC a limited license to store, process, and display your content solely for the purpose of providing the service.

Your Data Responsibilities

You are responsible for:

  • Ensuring you have legal authority to upload and store all content, including documents about minors and individuals with disabilities
  • Obtaining required consents from clients, families, or guardians before storing their information
  • Ensuring the accuracy of data you enter, including service authorization dates, attendance records, and billing amounts
  • Complying with all applicable laws regarding the data you store (HIPAA, FERPA, state regulations, etc.)
  • Maintaining appropriate internal policies for staff use of the platform
  • Not uploading malicious files, viruses, or content that violates third-party rights

Sensitive Data Notice

Empowered Sessions is designed to store sensitive records including IEPs, ISPs, 504 Plans, medical records, service authorization documents, and session recordings. You acknowledge that storing this data creates legal obligations for your organization. We provide the technical safeguards described in our Privacy Policy; your organization is responsible for the legal and compliance framework governing that data.

Platform Administrator Access

Important Disclosure: By using Empowered Sessions, you acknowledge that a designated Platform Administrator employed by Empowered Applications LLC has access to all data within your organization for the purposes described below.

Empowered Applications LLC maintains a designated Platform Administrator role (internally called "App Developer") with access to all organizations on the platform. This access is necessary for platform operation and is governed by the following terms:

  • Scope of Access: The Platform Administrator can access all data within any organization, including client records, student records, session documentation, uploaded files, billing data, recordings, and user account information. Access is scoped per organization — the administrator views one organization's data at a time using the same tenant isolation mechanisms as all other users.
  • Permitted Purposes: Technical support, platform maintenance, security and compliance monitoring, data integrity verification, and onboarding assistance. Access is limited to the minimum necessary for these purposes consistent with HIPAA requirements.
  • Mandatory Justification: The Platform Administrator is required to provide a categorized reason and written justification before accessing any organization. These records are immutable and cannot be altered after creation.
  • Admin-Visible Access Log: Organization administrators have direct access to the Platform Administrator Access Log through Organization Settings. Each entry shows the date, time, reason category, written justification, and session duration. No request to Empowered Applications LLC is needed to view these records. All additional data changes are recorded in the main audit log.
  • BAA Obligations: The Platform Administrator's access to Protected Health Information (PHI) is governed by the same Business Associate Agreement obligations that apply to all platform operations, including breach notification, prohibition on unauthorized disclosure, and minimum necessary access standards.
  • Prohibited Uses: The Platform Administrator may not use organization data for marketing, sales, cross-organization data sharing, data mining, or any purpose unrelated to platform operation and support.

For complete details on Platform Administrator safeguards and your rights, see our Privacy Policy (Section 2: Platform Administrator Access).

4. HIPAA & Regulatory Compliance Obligations

Important: If your organization is a HIPAA Covered Entity or Business Associate and you use Empowered Sessions to store or process Protected Health Information (PHI), you must execute a Business Associate Agreement (BAA) with Empowered Applications LLC before storing PHI. Contact us at legal@empoweredsessions.app.

By using Empowered Sessions for professional service delivery, you acknowledge and agree that:

  • HIPAA: You are solely responsible for your organization's compliance with HIPAA, including workforce training, Notice of Privacy Practices, and breach notification procedures. Empowered Sessions's technical safeguards support but do not guarantee HIPAA compliance.
  • FERPA: If you store student educational records, you are responsible for compliance with FERPA, including maintaining records of disclosures and responding to parent/eligible student requests.
  • State Regulations: You are responsible for ensuring your use of the platform complies with all applicable state regulations, including DDD provider agreements, Regional Center vendor requirements, and any other licensing or regulatory requirements applicable to your services.
  • Billing Accuracy: You are responsible for the accuracy of all billing submissions, timesheet records, and service delivery documentation generated through the platform. Empowered Sessions provides tools to support billing workflows but does not verify that submissions meet payer requirements.
  • Professional Standards: The platform is a tool — not a substitute for professional judgment. You remain responsible for the quality and appropriateness of services documented in the platform.

5. Acceptable Use

You agree not to use Empowered Sessions to:

  • Conduct any illegal activity or violate any applicable law or regulation
  • Upload, store, or transmit content that infringes on intellectual property rights
  • Attempt to gain unauthorized access to the platform, other organizations' data, or other users' accounts
  • Circumvent, disable, or interfere with security features
  • Upload malware, viruses, or any malicious code
  • Falsify service delivery records, attendance, or billing information (including fabricating sessions or inflating hours)
  • Store data about individuals without proper authorization or consent
  • Share account credentials with unauthorized individuals
  • Use the platform to harass, abuse, or harm any person
  • Attempt to reverse engineer, copy, or create derivative works of the platform
  • Use automated scripts or bots to access the platform

6. Subscription, Plans & Payment

Free & Paid Plans

Empowered Sessions offers both free and paid subscription plans. Free plan features are available without payment. Premium features require a paid subscription. Current pricing and feature availability are displayed on the Pricing page within the platform.

Subscription Billing

  • Paid subscriptions are billed monthly or annually depending on your selected plan
  • Payments are processed through Stripe, a PCI-compliant payment processor. We do not store credit card numbers.
  • Subscriptions renew automatically unless cancelled before the renewal date
  • Prices may change with 30 days' advance notice
  • Refunds are evaluated on a case-by-case basis; contact support within 14 days of a charge for refund requests

Plan Limits

Each plan includes limits on the number of students, clients, and tutors. Exceeding plan limits may restrict the ability to add new records until the plan is upgraded. We will notify you when you approach these limits.

7. AI-Assisted Features

AI Provider Notice: Empowered Sessions's AI features are powered by Anthropic's Claude API. Before any content is sent to Anthropic, Empowered Sessions automatically removes client names, dates of birth, identification numbers, and other direct identifiers, replacing them with anonymous placeholders. Only de-identified narrative content is transmitted. See our Privacy Policy (Section 3) for complete details on what is and is not sent.

Empowered Sessions includes optional AI-assisted features including document parsing, goal drafting, progress report generation, transcript analysis, and activity screenshot analysis. When using these features:

  • All AI-generated content is clearly marked as a draft and requires your review and approval before use
  • You are responsible for the accuracy, appropriateness, and clinical validity of all AI-assisted output before finalizing
  • Client names, dates of birth, diagnoses, identification numbers, and other direct identifiers are automatically removed and replaced with anonymous placeholders before any content is sent to Anthropic's Claude API. Only de-identified narrative text (session descriptions, goal language, progress observations) is transmitted. See our Privacy Policy (Section 3) for full details.
  • AI features are optional. No AI processing occurs without your explicit initiation of an AI feature.
  • AI output does not constitute professional advice, clinical recommendations, or legal documentation
  • You are responsible for not manually typing client names or direct identifiers into free-text AI drafting fields. Use the structured fields provided — Empowered Sessions handles pseudonymization automatically.

8. Third-Party Integrations

Empowered Sessions connects with multiple third-party services to provide core functionality. By enabling these integrations, you acknowledge and agree that:

Zoom (Meeting Integration)

If you connect a Zoom account, Empowered Sessions will store Zoom OAuth credentials and automatically import meeting history, participant attendance, and related data. You are responsible for ensuring your use of Zoom complies with HIPAA, FERPA, and any other applicable regulations. Zoom's own privacy policy and terms of service govern their handling of your data.

Stripe (Payment Processing)

Subscription payments are processed by Stripe. Empowered Sessions stores Stripe customer and subscription identifiers but not credit card information. Stripe's privacy policy and PCI compliance standards govern payment data. You agree to Stripe's terms of service when making a payment through Empowered Sessions.

External Learning & Progress Platforms

Empowered Sessions can receive and sync student progress data from external educational platforms (e.g., Quest of the Mind, BrainHQ, and other registered vendor applications). When you enable these integrations, student identifiers and performance data are exchanged between systems. You are responsible for ensuring these platforms comply with FERPA, HIPAA, and other applicable laws before enabling integration. You must have appropriate authorization from clients, families, or guardians before linking their data to external platforms.

Your Responsibility for Third-Party Compliance

Empowered Sessions does not guarantee the privacy or security practices of any third-party integration partner. You are responsible for reviewing and accepting the terms and privacy policies of all integrated services you enable. Empowered Applications LLC will not be liable for the data handling practices of third-party services.

9. Limitation of Liability & Disclaimers

Service Provided As-Is

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMPOWERED SESSIONS IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. EMPOWERED APPLICATIONS LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA WILL NOT BE LOST IN THE EVENT OF A SYSTEM FAILURE.

Limitation of Damages

EMPOWERED APPLICATIONS LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF REVENUE, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Regulatory Compliance Disclaimer

Empowered Sessions provides tools intended to support compliance documentation but makes no representation or warranty that use of the platform satisfies any particular regulatory requirement. You are solely responsible for ensuring your use of the platform meets all applicable legal and regulatory standards.

Indemnification

You agree to indemnify and hold harmless Empowered Applications LLC, its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the platform, your violation of these terms, or your violation of any applicable law or third-party right.

10. Intellectual Property

The Empowered Sessions platform, including its design, features, code, and documentation, is owned by Empowered Applications LLC and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of the platform without our express written permission. Your data and content remain yours — this restriction applies only to the platform itself.

11. Service Availability & Termination

Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The service may be temporarily unavailable for maintenance, updates, or due to circumstances beyond our control. We will provide advance notice of planned maintenance where possible.

Termination by You

You may cancel your account at any time through the platform settings or by contacting support. Upon cancellation, you have 30 days to export your data before it is deleted. Billing continues through the end of the current billing period.

Termination by Us

We reserve the right to suspend or terminate access to the service, with or without notice, for:

  • Violation of these terms or our acceptable use policy
  • Fraudulent, illegal, or abusive activity
  • Non-payment of subscription fees
  • Extended periods of account inactivity (12+ months) with prior notice

Where possible, we will provide advance notice and an opportunity to remedy violations before termination.

Data Upon Termination

Following account termination or cancellation, your data will be retained for 30 days during which you may request an export. After this period, all data, including backups, will be permanently deleted except where retention is required by law.

12. Mobile Application

Empowered Sessions is available as a web application and may be available as a native mobile application. When using Empowered Sessions on a mobile device:

  • Additional terms from the Apple App Store or Google Play Store may apply
  • You are responsible for data charges from your mobile carrier
  • The app may request device permissions (camera, storage) necessary for specific features; these can be managed in device settings
  • Some features may have limited functionality compared to the desktop web version

13. Governing Law & Disputes

These terms are governed by the laws of the State of New Jersey, United States, without regard to conflict of law principles. Empowered Applications LLC is a Limited Liability Company registered in the State of New Jersey. Any dispute arising from or relating to these terms or the service will be resolved through binding arbitration under the American Arbitration Association rules, except that:

  • Either party may seek injunctive relief in court for intellectual property violations
  • Claims that cannot be arbitrated by law will be resolved in state or federal courts in New Jersey
  • You waive any right to participate in a class action lawsuit or class-wide arbitration

14. Changes to These Terms

We may update these terms from time to time. For material changes, we will provide at least 30 days' advance notice via email or in-app notification. Your continued use of the platform after changes take effect constitutes acceptance. If you disagree with updated terms, you must stop using the platform and may request account deletion before the effective date.

15. Contact Information

General Support

Use the Contact Support page in the application

Legal & BAA Requests

legal@empoweredsessions.app

Security Issues

security@empoweredsessions.app

Company

Empowered Applications LLC

These Terms of Service are effective as of the date listed above and supersede all prior versions. By using Empowered Sessions, you confirm that you have read, understood, and agree to be bound by these terms. Empowered Sessions is a product of Empowered Applications LLC.