> legal
Posted Date: July 2026 · Effective Date: July 2026
These Terms of Service (“Terms”) are entered into by and between you and Pantana and Ferry, LLC d/b/a Ai Marketing Academy (“AiM,” “we,” “us,” or simply “Company”). The Terms govern your access to and use of the Ai Marketing Academy website (“Site”), the Ai Marketing Academy (the “Academy”), and AiM Automations (“Automations”), and all related applications, features, integrations, and services (collectively, the “Services”).
Please read these Terms carefully before you start to use the Site or its Services. By using the Site or by clicking to accept or agree to the Terms when using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site or its accompanying Services.
“You(r)” means the person or entity accepting these Terms. You agree that you are using the Services in your individual capacity (“User”); however, if you are using the Services on behalf of a company, brokerage, or team, you represent that you have authority to accept these Terms and bind that organization to these Terms as a User. The Services are intended solely for individual professional use by those 18 or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. We make no claims that the Site or any of its content and Services are accessible or appropriate outside of the United States. Access to the Site and Services may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you do not meet all of these requirements, you must not access or use the Site or use any of the Services.
These Terms supersede and replace all prior version(s) found on the Site (or previously at academy.jasonpantana.com). Your continual use of the Site and its Services constitute acceptance to these Terms.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND AiM THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 19 BELOW FOR DETAILS REGARDING ARBITRATION.
1. Definitions
“Academy” — the Ai Marketing Academy membership platform at aimarketingacademy.com.
“App(s)” — an individual product within the Service (e.g., Prompt Studio, Blog Engine, Tours, Hyperlocal, Listing Studio, Radar, Heat, etc.). Apps perform automations — tasks the Service executes for you, such as generating and publishing content or preparing and sending communications. Apps may carry app-specific terms, confirmations, and usage limits.
“Beta Release” — any alpha, beta, preview, pilot, early-access, “coming soon,” or test version of the Service or any App or feature.
“Connected Services” — third-party services you link to the Service or that we use to deliver it, including CRM platforms, email service providers (e.g., Mailchimp, ActiveCampaign, SendGrid, and Resend), website and publishing platforms, media and avatar services (such as HeyGen and ElevenLabs), data providers, and AI model providers.
“Credits” — the internal units included with a subscription (or purchased separately) that the Service consumes when Apps perform automations. We determine, and may adjust, how many Credits each automation or output consumes and how many Credits each plan includes.
“Inputs” — materials you submit to AI-powered features.
“Fees” — subscription fees and usage-based charges as presented at checkout, in the Service, or on an order form.
“Free Tier” — the no-cost level of the Service described in Section 2.2.
“Member Materials” — information, content, and materials you submit to or connect with the Service, including contact lists and CRM data, listing photos and property information, branding, headshots, voice and avatar assets, prompts, and instructions.
“Outputs” — content the Service generates for you, including blogs, videos, emails, market reports, and other marketing deliverables.
“Service(s)” — the Ai Marketing Academy website, the Ai Marketing Academy membership platform, the AiM Automations platform, and all related applications, features, integrations, and services.
“Usage Data” — technical, diagnostic, configuration, and analytics information about the operation and use of the Service, including de-identified and aggregated data.
2. Access Levels; Relationship to the Academy
2.1 Paid Service. The paid Services are available only to current, active Academy members through one of the following paths: (a) as a monthly Automations add-on to an existing Academy membership, billed as a separate subscription alongside your Academy membership, with each subscription renewing on its own cycle; (b) as an annual upgrade to an existing Academy membership, which realigns your subscriptions into a single combined annual term covering both Academy membership and the Service so that the two run and renew together and co-terminate, as described in Section 4.8; or (c) as a bundle for new customers combining Academy membership and the Service in a single monthly or annual subscription billed as one recurring charge. Except for the Free Tier described in Section 2.2, you may not purchase or initially activate a paid Service subscription without an active Academy membership. If your Academy membership ends for any reason, AiM reserves the right, in its sole discretion, to cancel, suspend, or limit your paid Service subscription upon notice to you.
2.2 Free Tier. We may offer limited free access to certain features (subject to usage caps); all other Apps require a paid plan. Free access is a courtesy provided “as is,” with no support commitment or warranty, and we may modify, limit, or discontinue it — or any individual’s free access — at any time without notice or liability; it is otherwise subject to these Terms.
2.3 Subscription Lapse. If your Academy membership is canceled, expires, or payment fails while your Service subscription is paid up, you retain access to the paid Service through the end of the period you have already paid for. Unless your Academy membership is reinstated before that period ends, AiM may cancel or suspend your Service subscription at the end of that billing cycle.. Conversely, if your Service subscription is canceled or its payment fails while your Academy membership is current, AiM may cancel or suspend your access to the paid Service at the close of the Service period you have already paid for. Because a monthly add-on renews monthly and annual arrangements co-terminate under Section 3.8, this grace period spans at most approximately one monthly billing cycle. We do not renew paid Service subscriptions for anyone who is not an active Academy member, although we may waive or modify this requirement at our discretion.
2.4 Professional responsibility. The Service is built for real estate professionals. You represent that you hold any license your activities require and that your use of the Service is permitted by your brokerage. You — not AiM — are solely responsible for: compliance with all laws, regulations, license requirements, brokerage policies and supervision requirements, MLS rules, and association rules that apply to you and your business; the accuracy and lawfulness of everything you market, publish, send, or represent using the Service; and every decision about whether, when, where, and how to use an Output. AiM is a software provider — not a brokerage, law firm, or advisor — and nothing in the Service constitutes legal, brokerage, or other professional advice. Your use of the Service does not shift any professional obligation from you to AiM.
3. Intellectual Property Rights
The Site and its features and functionality (including but not limited to training materials, video, prompts, guides, and resources), but excluding Member Materials, Outputs, and any content owned by Users or third parties (“User Content”), are owned by AiM, its licensors, or other third-party providers of such material (“Content”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. While you retain ownership of your User Content, you grant Pantana and Ferry, LLC a non-exclusive, royalty-free, worldwide, sublicensable (solely to AiM’s service providers and subcontractors acting on AiM’s behalf) license to use, reproduce, display, and distribute your User Content within the platform for the purpose of operating, maintaining, and improving the Services.
Use of the Content is granted solely for personal, educational, and non-commercial purposes (excluding Outputs generated for you and your authorized use of the Services and Content in the ordinary course of using the Services under Section 5), provided that:
Unauthorized reproduction, distribution, or use of Content may result in termination of access and/or legal action.
4. Fees, Billing, and Automatic Renewal
4.1 Billing. Fees are billed in advance through our payment processor on the monthly or annual cycle you select. Add-on subscriptions are billed separately from Academy membership at their respective intervals; bundles are billed as a single recurring charge. Consistent with the Academy Terms, all payments are final and non-refundable except as expressly stated in these Terms or required by law. For clarity, a credit applied toward a combined annual term on an upgrade under Section 4.8 is a billing adjustment, not a refund, and does not derogate from this non-refundability.
4.2 Automatic renewal. YOUR SUBSCRIPTION TO THE ACADEMY AND/OR AUTOMATIONS AUTOMATICALLY RENEWS AT THE END OF EACH BILLING CYCLE. FAILURE TO CANCEL PRIOR TO RENEWAL DATE WILL RESULT IN YOUR PAYMENT METHOD BEING CHARGED. Renewal is at your existing rate, as your rate changes only if a time-limited promotional rate expires under its own stated terms or we have provided advance notice of a price change under Section 4.6. To cancel, email support@aimarketingacademy.com before your next billing cycle begins. Your access will continue through the end of the paid period.
4.3 Promotional pricing. Founding, promotional, and discounted rates apply only under their stated terms and only while the subscription remains continuously active and in good standing. If a discounted subscription lapses or is canceled, re-subscription may be offered only at then-current pricing.
4.4 Credits and usage limits. Subscriptions include a Credit allowance per billing cycle, and plans may also include other usage limits (for example, contacts or email volume). When your included Credits are exhausted, we will notify you while your scheduled automations pause until your allowance refreshes at the next billing cycle. Alternatively, you may purchase additional Credits for a one-time fee. Purchased Credits roll over and remain available while your account is active. We determine Credit consumption rates and may adjust them or other limits prospectively.
4.5 Connected Service usage and charges. Fees do not include amounts charged by Connected Services. When you connect a Connected Service (e.g., a CRM, email service provider, publishing platform, media or avatar provider, or other third-party account), actions the Service performs through that connection at your direction or under your configuration (including API calls, sends, renders, and content generation) constitute your usage of that Connected Service. That usage may consume sending volume, API quotas, credits, or allowances under your third-party plan and may result in charges billed to you by that provider. You are solely responsible for those accounts, plans, and charges. AiM has no visibility into and no responsibility for your plan terms, usage rights, credit balances, or billing with any Connected Service. AiM does not refund amounts charged by any Connected Service.
4.6 Price changes; taxes. We may change Fees with at least thirty (30) days’ advance notice. Changes take effect at the start of the next billing cycle following expiration of the notice period. Fees exclude taxes, as you are responsible for applicable taxes other than taxes on our income.
4.7 Failed payments. Failed payments may result in retries, feature restrictions, suspension, or cancellation consistent with Section 2.3.
4.8 Annual Upgrade Realignment. If you add an annual Automations add-on to an existing Academy membership, your existing Academy subscription is replaced by a new combined annual term covering both Academy membership and Automations, and the two co-terminate. The unused portion of the amount you have already paid on your existing subscription is applied as a credit toward the combined annual term — for a monthly subscriber, the unused balance of the current month; for an annual subscriber, the unused months of the current year. Any such credit is a one-time billing adjustment applied at the time of upgrade to reduce the amount charged for the combined annual term; it is not a refund, is not redeemable for cash, and nothing in this Section entitles you to a refund of Fees already paid, which remain non-refundable under Section 4.1.
5. License and Restrictions
5.1 License. Subject to these Terms and payment of applicable Fees, AiM grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription term for your own personal use in the course of performing duties as a real estate professional.
5.2 Restrictions. You will not, and will not permit anyone else to: (a) resell, sublicense, share, or provide access to the Services to any third party, including agents or team members not covered by your plan; (b) operate the Services as a managed, agency, or white-labeled offering for others; (c) copy, reverse engineer, scrape, or attempt to extract source code, prompts, prompt architectures, workflows, or other non-public components from the Site or its Services; (d) circumvent security controls, usage limits, or billing; (e) use the Service to build or train a competing product or model; (f) use the Service to send unlawful or unsolicited communications; (g) interfere with the Service or introduce malicious code; (h) use the Service in violation of applicable laws, regulations, and third-party terms; or (i) use the Site in any manner that could disable, overburden, damage, or impair the site’s functionality or interfere with another party’s use of the Site, including their ability to engage in real time activities through the Site.
5.3 Account security. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at support@aimarketingacademy.com of suspected unauthorized access. To the maximum extent permitted by law, AiM is not liable for any loss or damage arising from unauthorized use of your account resulting from your failure to safeguard your credentials. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
6. Profiles and Confirmations
6.1 Profiles. The Service organizes your business identity, branding, market areas, and sender information into one or more profiles, and Apps draw on your profile to personalize and populate what they create and send — including the sender name, physical mailing address, reply-to address, license information, and branding used in communications published or sent under your name. Profile onboarding may analyze the website you provide to pre-fill your profile with suggested information; however, pre-filled information is provided for convenience only, may be inaccurate or incomplete, and AiM makes no representation as to its accuracy. Nothing is saved until you review, edit, and create the profile. You are solely responsible for ensuring your profile is accurate, current, and legally sufficient, including that communications sent using your profile contain all sender identification, valid physical address, license and brokerage disclosures, and other information required by the CAN-SPAM Act, state real estate advertising and licensing laws, and all other applicable laws, regulations, and rules. The Service may provide safeguards (such as requiring certain fields), but those safeguards do not shift this responsibility to AiM.
7. Connected Services
7.1 Your connections. You choose which Connected Services to link. By connecting one, you authorize AiM to access and exchange data with it as reasonably necessary to perform the functions you request. You represent that you are authorized to use the credentials you provide and that your use complies with the Connected Service’s terms.
7.2 CRM connections. CRM integrations are designed to retrieve a limited subset of contact fields for use in the Service — not to modify, tag, create, or delete records in your CRM.
7.3 Credentials. Connected Service API keys and OAuth tokens are stored encrypted. You may disconnect a Connected Service at any time. Disconnecting deletes the stored credential, stops future automations that depend on the connection, and (for CRM connections) deletes the contacts imported from it. Disconnecting does not reverse actions already completed or cancel your subscription with that provider.
7.4 No control. We do not control Connected Services and are not responsible for their availability, accuracy, security, output quality, pricing, credit metering, or changes to their functionality or terms. If an integration becomes unavailable, insecure, unlawful, or commercially impracticable, we may modify, suspend, or discontinue it.
8. Communications Sent Through the Service
8.1 You control your communications. Certain Apps draft, schedule, and send communications (including emails and market reports) under your name and branding through your Connected Services. As between you and AiM, you are exclusively responsible for the recipients, content, timing, frequency, volume, sender identity, required disclosures, and distribution of those communications — whether you approve each send individually or enable automatic sending.
8.2 Automatic operation. Depending on the App and your configuration, sending and publishing features may require your individual review and approval, or may operate automatically without it. By configuring an App to operate automatically, or by using an App whose function is automatic operation, you authorize every communication and publication it produces on your behalf and acknowledge that content may be sent or published without your individual review. You remain responsible for all of it under Section 8.1, including any errors, inaccuracies, duplicates, or unintended content or recipients resulting from automatic operation, and AiM shall have no liability for any such communications. Where available, you may disable automatic operation at any time; disabling may not stop communications already queued.
8.3 Compliance. You represent, warrant, and covenant that, at all times: (a) you have lawfully obtained and maintain each contact list you use with the Services and have obtained and can document the express consent, permission, or other lawful basis required to contact each recipient through each channel used, and you will retain records sufficient to demonstrate such consent, as the Service does not, and has no obligation or ability to, verify recipient consent, the lawfulness of any list, or the accuracy of any recipient information; and (b) all communications sent, scheduled, published, or otherwise transmitted through the Service, and all contact and marketing practices related to them, will comply with all applicable laws, regulations, rules, and industry standards, including the CAN-SPAM Act, the Telephone Consumer Protection Act (including any prior express written consent and Do-Not-Call requirements), Canada’s Anti-Spam Legislation where applicable, applicable data protection and privacy laws, state telemarketing, consumer protection, and advertising laws, fair housing laws, and your licensing authority’s and brokerage’s advertising, disclosure, and supervision rules. You are solely responsible for determining which laws apply to you and your communications and for compliance with them. You must maintain and honor all suppression, unsubscribe, and opt-out requests within the shortest legally required periods, may not send to any recipient who has opted out, and may not disable, circumvent, or interfere with any unsubscribe, suppression, consent, or throttling mechanism enforced by the Service or a Connected Service. AiM does not monitor and is not responsible for your communications or compliance, and any safeguards, warnings, or default settings the Service provides are offered as a convenience only and do not constitute advice, assurance of compliance, or a waiver or assumption by AiM of any obligation, and do not shift any responsibility from you to AiM.
8.4 Device-initiated messages. Some Apps prepare drafts (for example, text messages or emails) that open in your own messaging or email application for you to send manually. AiM does not transmit those messages; you are the sender and are responsible for them.
8.5 Deliverability and Sending Monitoring. We may monitor technical indicators (bounces, complaints, unsubscribes, abnormal activity) and may limit or suspend sending features we reasonably believe are unlawful, abusive, or harmful to deliverability, recipients, other members, or the Service.
9. AI Features and Outputs
9.1 Nature of Outputs. The Service uses AI models (accessed through third-party providers) to generate content. AI-generated Outputs may be inaccurate, incomplete, outdated, or fabricated (“hallucinations”), may not match your expectations or style, and may be similar to content generated for other members. Market statistics, property data, pricing information, and other factual content are derived from third-party data sources that we do not independently verify, and AiM makes no representation or warranty as to their accuracy, completeness, timeliness, or reliability. You are solely responsible for verifying all data and factual content before use in any professional or client-facing context. We do not guarantee the accuracy, completeness, quality, or fitness of any Output. AiM shall have no liability for any loss, claim, or damage arising from your use of or reliance on any Output.
9.2 Your review. You are responsible for reviewing Outputs before use or publication, including facts, pricing and market data, license and brokerage information, fair-housing and advertising compliance, and required disclosures. Where an App operates automatically, your authorization under Section 8.2 stands in place of individual review but nonetheless means you assume all risks associated with Outputs published without individual review, and Section 10.4 applies to published media.
9.3 Generated media quality. Avatar, voice, and video Outputs depend on your source assets and on Connected Services we do not control. We do not warrant that a generated voice will sound like you, that an avatar or video will depict you or a property accurately or flatteringly, or that generated media will be free of artifacts or distortions. Your remedy for unsatisfactory generated media is to regenerate or discontinue use; Fees and third-party credits consumed are not refundable.
9.4 No uniqueness; IP status. We do not guarantee that any Output is unique or protectable under copyright or trademark law, and we do not warrant that any Output is free from third-party intellectual property claims. You are solely responsible for conducting appropriate clearance before adopting an Output as a brand asset.
9.5 No guaranteed results. The Services and its Outputs are tools — not guarantees. Success depends on factors outside our control, and we do not promise leads, engagement, rankings, listings, transactions, or any other business outcome.
10. Tours: Listing Media, Voice, Avatar, and Likeness
10.1 Your accounts, your assets. Avatar and voice features operate through your own HeyGen and ElevenLabs accounts, using credits you purchase from those providers. AiM references your existing assets (such as an avatar or voice ID) and requests generated media on your instruction. The underlying models remain in your provider accounts under those providers’ terms, including their own consent and verification processes. AiM is not responsible for the availability, quality, accuracy, or output of those providers or for any changes to their terms, services, or consent requirements.
10.2 Per-project rights confirmation. Each time you create a Tour (or similar media project), you must confirm — and the Service may log your confirmation — that you have obtained all rights, consents, and permissions necessary from all relevant parties (such as sellers, listing agents, photographers, or other rights holders) to use the listing photos and other media you submit and that any voice or avatar used depicts you or a person from whom you hold written authorization covering commercial use, AI processing, and distribution. You must retain copies of all such authorizations for the duration of your use of the applicable media and for at least two (2) years thereafter, and you will promptly provide copies to AiM upon request. You may not use the Service to impersonate anyone, fabricate testimonials or endorsements, clone a voice or likeness without authorization, or violate publicity, privacy, or biometric laws (including the Tennessee ELVIS Act and comparable statutes). You may not submit or use a minor’s likeness, voice, or personal data.
10.3 Accuracy of listing media. You may not use the Service to create or publish media that materially misrepresents a property, including depicting features that do not exist without clear disclosure, concealing material conditions, or creating false impressions of size, condition, view, or boundaries. You are responsible for determining when an Output must be disclosed as AI-generated, virtually staged, or digitally altered under applicable laws, MLS rules, or platform policies; the Service does not apply such labels for you, and AiM has no obligation to do so or to monitor your compliance with disclosure requirements.
10.4 Responsibility for published media. The Service may provide preview and review tools and may request confirmations before export or publication, but your responsibility does not depend on them:. By exporting, publishing, distributing, or enabling automated distribution of any generated media, you represent that it is accurate, lawful, and authorized, and you accept full responsibility for it, including the indemnification obligations set forth in Section 16.1.
10.5 Fair housing. You may not use the Service to discriminate on the basis of any protected characteristic under the Fair Housing Act or any other applicable law, to steer, to target or exclude audiences using protected characteristics or unlawful proxies, or to generate discriminatory content.
10.6 No professional advice. Outputs are marketing tools — not legal, tax, appraisal, lending, investment, or brokerage advice.
11. Ownership; Licenses; Data Use
11.1 You own your materials and Outputs. As between you and AiM, you retain ownership of Member Materials, and AiM assigns to you any ownership rights it may have in Outputs generated for you, subject to and upon payment of applicable Fees and your compliance with these Terms (excluding AiM Technology as defined below), reusable templates and workflow elements, third-party and Connected Service materials, and elements independently generated for others. To the extent an Output incorporates reusable AiM elements, AiM grants you a perpetual, non-exclusive license to use them as embodied in that Output for your business. AI-generated content may not be protectable under copyright law, and we make no representation about the protectability of any Output.
11.2 License to AiM. You grant AiM and its service providers a worldwide, non-exclusive license to host, process, transmit, display, and use Member Materials solely as reasonably necessary to provide the Service, carry out your instructions, maintain security, provide support, comply with laws, and enforce these Terms.
11.3 Model training. AiM does not use your Member Materials, contact lists, or voice and likeness assets to train AI models, and does not authorize its AI model providers to use your data to train their models. Your data is processed by our AI model providers to fulfill your requests. AiM neither controls nor warrants the data practices of third-party AI model providers, including whether they retain or use data submitted through their services. Therefore, your use of AI-powered features is also subject to those providers’ applicable terms.
11.4 Usage Data. AiM may use Usage Data and de-identified, aggregated data to operate, secure, improve, and develop its products.
11.5 Feedback. Consistent with the Academy Terms, feedback and suggestions you submit become AiM’s property, and we may use them without restriction or compensation.
11.6 AiM Technology. “AiM Technology” means the Service and all software, designs, workflows, automation logic, templates, prompts and prompt architectures, documentation, Usage Data, and improvements. AiM Technology is owned by AiM and its licensors; all rights not expressly granted are reserved. “Ai Marketing Academy,” “AiM,” “AiM Automations,” App names, and associated logos are trademarks of Pantana and Ferry, LLC.
12. Privacy
All information we collect on this Site is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
13. Beta Releases
Beta Releases are optional, provided “AS IS” without warranty, indemnity, or support, may be modified or discontinued at any time, and may never be generally released. Do not use Beta Releases for critical or irreversible activity. Non-public information about Beta Releases and unreleased Apps or features is AiM’s confidential information, and you agree not to disclose it. Supplemental terms may apply to specific Beta Releases and control for those releases.
14. Suspension and Termination
14.1 By you. You may cancel renewal any time (per Section 4.2), as a User’s access continues through the paid period.
14.2 By AiM. We may suspend, restrict, or terminate the Service (or specific features, integrations, sending capabilities, or free access) immediately where we reasonably believe there is a security risk, unlawful use, a violation of these Terms, harm to recipients or other members, or nonpayment. We may also terminate your access to the Services without cause upon thirty (30) days’ advance written notice; upon such termination, AiM will provide a prorated refund of any prepaid, unused Fees covering the period after the effective date of termination. No refund is due where termination results from your breach.
14.3 Effect. Upon termination, your right to use the Services end and all scheduled and pending automations cease. Member Materials are retained and deleted as described in the Privacy Policy. Sections that by their nature should survive (payment, ownership, disclaimers, indemnification, liability limits, confidentiality, disputes) survive.
15. Warranty Disclaimer
For paying subscribers, AiM warrants that the paid Service shall perform substantially as described in our documentation under normal use. Your exclusive remedy for a breach of this warranty, reported to AiM within thirty (30) days of the event giving rise to the claim, is re-performance or, if we cannot re-perform within a commercially reasonable time, termination with a prorated refund of prepaid, unused Fees. THE FREE TIER AND BETA RELEASES CARRY NO WARRANTY AT ALL. EXCEPT AS EXPRESSLY STATED ABOVE, THE SERVICE, APPS, AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AiM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND RESULTS. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, THE CONTINUED AVAILABILITY OF ANY CONNECTED SERVICE OR INTEGRATION, OR THAT OUTPUTS WILL BE ACCURATE, UNIQUE, FREE OF HALLUCINATIONS OR ARTIFACTS, OR SUITABLE FOR YOUR PURPOSES. WITHOUT LIMITING THE FOREGOING, AiM MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY THIRD-PARTY SERVICE, CONNECTED SERVICE, AI MODEL PROVIDER, OR OTHER THIRD-PARTY PRODUCT OR PLATFORM USED IN CONNECTION WITH THE SERVICES, AND ALL SUCH THIRD-PARTY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE AND SERVICES MAY CONTAIN LINKS, REFERENCES, OR INTEGRATIONS TO THIRD-PARTY WEBSITES, RESOURCES, OR CONTENT NOT OWNED OR CONTROLLED BY AiM. AiM HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, ACCURACY, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT AiM IS NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY SUCH THIRD-PARTY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITES OR RESOURCES. WE STRONGLY ADVISE YOU TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR RESOURCES THAT YOU VISIT OR ACCESS.
16. Indemnification
16.1 By you. You shall defend, indemnify, and hold harmless AiM, its affiliates, and their owners, officers, employees, and agents from claims, damages, and expenses (including reasonable attorneys’ fees) arising from: Member Materials; communications sent or published through your account; your use of automatic sending; your violation of these Terms, applicable law, professional rules, or third-party rights (including fair housing, telemarketing, publicity, biometric, and copyright claims); listing media; voice and likeness assets you provide or authorize; and activity by anyone you permit to use your account.
16.2 By AiM. For paying subscribers, AiM will defend third-party claims alleging that the unmodified paid Service directly infringes a U.S. patent, copyright, trademark, or trade secret, and pay finally awarded damages (subject to Section 17), provided you promptly notify us, give us control of the defense, and cooperate, and provided you were using the Service in compliance with these Terms at the time of the alleged infringement. This does not cover claims arising from Outputs, Member Materials, Connected Services, third-party models, Beta Releases, the Free Tier, combinations with materials not provided by AiM, or use outside these Terms. If the Service may infringe, AiM may procure rights, modify, replace, or terminate the affected Service with a prorated refund. This section states the exclusive remedy for covered IP claims.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) AiM’S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR $100 (FOR FREE TIER USERS, $100). These exclusions do not apply to: (a) your payment and indemnification obligations; (b) your breach of Sections 5, 8, or 10; or (c) to liability that cannot lawfully be limited. The limitations apply even if a limited remedy fails of its essential purpose.
18. Confidentiality
You shall protect AiM’s non-public business, technical, and product information with reasonable care, use it only in connection with the Service, and disclose it only to personnel and advisors under comparable obligations. Standard exclusions (public information, prior knowledge, independent development, lawful third-party receipt) apply. Compelled disclosure is permitted with prior notice where lawful. AiM’s obligations regarding your personal information are governed by the Privacy Policy.
19. ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH AiM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AiM.
You and AiM agree to arbitrate any dispute arising from these Terms or your use of the Site, except that you and AiM are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Notwithstanding the foregoing, either party may seek injunctive or other provisional relief in any court of competent jurisdiction as necessary to protect its rights pending the outcome of arbitration. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and AiM agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Such notice is a prerequisite to commencing arbitration or any court proceeding under these Terms, provided that failure to give timely notice does not bar a claim but may be considered by the arbitrator in awarding fees and costs. Notice to AiM shall be sent to support@aimarketingacademy.com. Notice to you shall be sent to the email address associated with your account. You and AiM further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Williamson County, Tennessee; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules & Procedures then in effect (and, where applicable, the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness); (d) that the state courts of Williamson County, Tennessee or the U.S. District Court for the Middle District of Tennessee have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration; and (e) that each party shall bear its own costs and attorneys’ fees unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS. Other than class procedures and remedies discussed in this Section, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND AIM WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
20. Governing Law; Forum
Any dispute between the parties regarding the subject matter of these Terms will be governed by these Terms and the laws of the State of Tennessee and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. To the extent the arbitration provision in Section 19 does not apply, you and AiM agree that any action at law or in equity arising out of or relating to the subject matter of these Terms will be filed only in the state courts of Williamson County, Tennessee or the U.S. District Court for the Middle District of Tennessee, and each party irrevocably consents to the exclusive jurisdiction and venue of such courts.
21. General
We may add, change, or discontinue Apps and features, including any free features; your purchase is not contingent on future functionality. We may update these Terms by posting a revised version on the Site. For material changes we will provide reasonable advance notice by email to the address associated with your account or by prominent notice on the Site, and continued use (or re-acceptance at profile creation) after the effective date constitutes acceptance. If you do not agree to any material change, you may terminate your subscription by providing written notice to AiM before the effective date of the change and ceasing all use of the Services; upon such termination, AiM will provide a prorated refund of any prepaid, unused Fees covering the period after the effective date of termination. Neither party is liable for events beyond its reasonable control, including outages of third-party providers. You may not assign these Terms without our consent; we may assign in connection with a merger, reorganization, or sale of assets. If any provision is unenforceable, the remainder stays in effect.