Term of service
Effective date
03.03.2026
Updated
10.09.2026
These Terms of Service ("Terms") are a legal agreement between you and EmpathyX Studios Inc. ("EmpathyX Studios," "we," "us," or "our"). Audience 1st is a brand and division of EmpathyX Studios Inc. These Terms govern your use of our website at audience1st.fm (the "Site"), our newsletter and email communications, our podcast and published content, and any other online properties that link to these Terms (together, the "Services").
1. Agreement to These Terms
By accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Services.
If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization.
Who We Are
EmpathyX Studios Inc. is a Texas corporation based in the Dallas, Texas area. Operating as Audience 1st, we are an experiential marketing and social show production company serving the B2B cybersecurity industry. We produce original-format social shows, curated brand experiences, and episodic video content for technology companies.
You can reach us at dani@audience1st.fm.
Eligibility
The Services are designed for business professionals. You must be at least 18 years old to use them. By using the Services, you represent that you meet this requirement.
Client Engagements
These Terms cover your use of the Site and our published content. They do not, by themselves, create a client relationship or obligate either party to enter into one.
Paid production, experiential marketing, research, sponsorship, and other client services are governed by a separate signed agreement, such as a Master Services Agreement, Statement of Work, proposal, or sponsorship agreement (a "Client Agreement"). If these Terms conflict with a Client Agreement, the Client Agreement controls for that engagement.
Service descriptions, packages, timelines, and pricing shown on the Site are for general information. They may change without notice and are not a binding offer. Final scope, deliverables, fees, and payment terms are set only in a Client Agreement.
Production Participants and Events
If you appear as a guest or participant in one of our productions, your participation is governed by the Participant Release and Consent Form you sign before filming. That release controls how your name, likeness, voice, image, and statements may be used. If these Terms conflict with your signed release, the release controls.
If you attend an event or experience we host or produce, additional event terms, venue rules, or registration terms may apply. Our events may be photographed and recorded, and we will tell you at or before the event how recordings will be used.
Newsletter, Podcast, and Third-Party Platforms
We deliver parts of the Services through platforms we do not own or control. These include Substack for our newsletter and podcast, Calendly for scheduling, and LinkedIn, YouTube, Instagram, TikTok, X, Spotify, and Apple Podcasts for content distribution.
Your use of those platforms is subject to their own terms and privacy policies. We are not responsible for their availability, content, or practices. You can unsubscribe from our emails at any time using the link in any email or by contacting us.
Intellectual Property
The Services and everything in them are owned by EmpathyX Studios or our licensors and are protected by copyright, trademark, and other laws. This includes text, video, audio, photography, graphics, show formats, research, logos, and design. "Audience 1st," "EmpathyX Studios," and our show names and logos are our trademarks. Client and partner names and logos belong to their owners.
We grant you a limited, revocable, non-exclusive, non-transferable license to access the Services and to view, listen to, and share our published content for your own internal business or personal purposes. You may share links to our content and use the sharing and embed tools that the hosting platforms provide, as long as you credit Audience 1st and do not alter the content or imply our endorsement.
Any other use requires our written permission. That includes republishing, re-editing, selling, or using our content or trademarks in advertising. All rights not expressly granted are reserved.
Acceptable Use
You agree not to:
Use the Services in any way that violates applicable law or the rights of others.
Copy, scrape, or harvest content or data from the Site by automated means, other than standard search engine indexing.
Collect contact details of our guests, clients, or subscribers from the Services for unsolicited outreach.
Probe, scan, or test the vulnerability of the Site, bypass any security or access control, or interfere with its operation, without our prior written authorization.
Upload or transmit malware or other harmful code.
Impersonate any person or misrepresent your affiliation with any person or organization, including us.
Remove copyright, trademark, or other proprietary notices from our content.
Submissions and Feedback
When you send us information through a contact form, booking tool, email, or survey, you represent that it is accurate and that you have the right to share it. Please do not send confidential or sensitive security information through the Site. Unless we have a signed confidentiality agreement with you, we do not treat unsolicited submissions as confidential, although personal information is always handled under our Privacy Policy.
If you send us ideas, suggestions, or feedback about our Services, you grant us a perpetual, worldwide, royalty-free right to use them without obligation to you.
Informational Consent
Our content is for general informational and educational purposes. This includes shows, podcast episodes, articles, newsletters, and buyer research. It is not legal, financial, security, compliance, or other professional advice, and you should not rely on it as a substitute for advice from a qualified professional.
Opinions expressed by guests and participants are their own. They do not necessarily reflect the views of EmpathyX Studios, their employers, or our sponsoring clients. Featuring a company, product, or person is not an endorsement unless we say so. Some content is sponsored by clients, and we identify sponsored content where required.
Third-Party Links
The Services may link to websites and services that we do not operate. We provide these links for convenience and are not responsible for their content, products, or practices. Use them at your own risk.
Privacy
Our Privacy Policy explains how we collect, use, and share personal information. It is part of these Terms.
Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, EMPATHYX STUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any content is accurate, complete, or current. We do not guarantee any particular business result from using the Services or acting on our content.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EMPATHYX STUDIOS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
These limits apply regardless of the legal theory and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you. Liability under a Client Agreement is governed by that agreement, not this section.
Indemnification
You agree to indemnify and hold harmless EmpathyX Studios and its officers, directors, employees, contractors, and agents from any third-party claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of your violation of these Terms, your misuse of the Services, or your violation of any law or the rights of a third party.
Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules.
Before filing a claim, you agree to contact us at dani@audience1st.fm and try to resolve the dispute informally for at least thirty (30) days.
If we cannot resolve it, any legal action arising out of or related to these Terms or the Services must be brought exclusively in the state or federal courts located in [Collin County / Dallas County], Texas. You and EmpathyX Studios consent to the personal jurisdiction and venue of those courts.
To the extent permitted by law, any claim must be filed within two (2) years after it arises.
Copyright Complaints
We respect intellectual property rights. If you believe content on the Services infringes your copyright, email dani@audience1st.fm with the subject line "Copyright Notice." Please include a description of the work, the URL of the content in question, your contact information, a statement that you have a good-faith belief the use is not authorized, and your signature (physical or electronic). We will review the notice and respond promptly.
Changes to the Services and These Terms
We may change, suspend, or discontinue any part of the Services at any time.
We may also update these Terms from time to time. When we do, we will update the "Updated" date at the top of this page. For material changes, we will provide additional notice, such as a prominent notice on the Site. Your continued use of the Services after changes take effect means you accept the updated Terms.
Termination
We may suspend or end your access to the Services at any time if you violate these Terms or if we need to protect the Services, our clients, our participants, or other users. You may stop using the Services at any time.
Sections 7, 9, 10, and 13 through 20 survive any termination.
General
Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and EmpathyX Studios regarding the Services, except as provided in a Client Agreement, Participant Release and Consent Form, or event terms.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions stay in effect.
No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and EmpathyX Studios.
Questions about these Terms can be sent to:
EmpathyX Studios Inc. Danielle Arad, CEO & Founder
Email: dani@audience1st.fm