Privacy Policy

AM CONNECT TOS:

AM Creative LLC & AM Connect Terms and Conditions
 

Last updated: November 1, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic device, named AM Connect

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to AM Creative LLC, which includes its SaaS product AM Connect, located at 6 Chestnut Street, Amesbury, MA 01913.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Services refers to all services provided by AM Creative LLC, including but not limited to Video Production, Marketing Services, and the AM Connect Application.

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.


Service Level and Service Level Subscription now also include services provided by AM Creative LLC, such as Video Production and Marketing Services, in addition to AM Connect services.

 

Acknowledgment

These are the Terms and Conditions governing the use of all Services provided under AM Creative LLC, including AM Connect, and the agreement that operates between You and the Company.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Account Sharing: Effective November 1, 2023

Account-sharing policies now also apply to all services provided by AM Creative LLC, not just AM Connect.

You may operate more than one business that you, your spouse, or a business partner owns out of one AM Connect account

The Company does not permit sharing an AM Connect account with any business you do not own in whole or in partnership. Account sharing in this manner is strictly prohibited and may result in account termination.

The Company may allow special pricing at its sole discretion for 'stripped down' or additional business accounts. Please submit a support ticket for more information at: https://help.amconnect.io/helpcenter
 

Email Marketing Policy: Effective May 31, 2021 in accordance with the CANSPAM Act and GDPU Policies

This policy applies to all marketing emails sent through any of AM Creative LLC's platforms, including AM Connect.

The Company requires that all marketing emails being sent from our Application must be sent from a domain-based professional email address.

The Company requires all users to maintain a clean and accurate list of subscribers. Any requests to be removed from your mailing list must be addressed within 30 days of the date of request.

The Company requires that subscribers must opt-in before receiving Email Marketing content sent from our Application. "Opt-In" is defined as having given written/verbal permission, exchanging contact information during a purchase, or submitting a form requesting and/or agreeing to receive Email Marketing content from You.

The Company prohibits the selling of any personal information provided by subscribers to any 3rd party, and considers this a violation of our Privacy Policy.

Use of Artificial Intelligence (AI)

1. AI Functionality: AM Creative LLC’s services, including but not limited to AM Connect, may employ Artificial Intelligence (AI) technologies to assist in various functionalities such as conversing with leads, automating responses, and generating content. These AI technologies are designed to enhance the efficiency and effectiveness of our services.

2. AI-Generated Content: Users acknowledge that any content, suggestions, or communications generated by AI as part of our services are inherently based on algorithms and machine learning. While we strive to ensure accuracy and relevance, AM Creative LLC does not guarantee that the AI-generated content will always be reliable, appropriate, or suited for specific purposes.

3. User Responsibility: Users are responsible for reviewing, overseeing, and, where necessary, modifying AI-generated content before its utilization or dissemination. Users must ensure that such content complies with all applicable laws, regulations, and ethical standards, particularly those concerning marketing, privacy, and consumer protection.

4. No Liability: AM Creative LLC shall not be liable for any direct, indirect, incidental, or consequential damages or losses arising from the use of AI-generated content. This includes, but is not limited to, damages related to inaccuracies, misrepresentations, or any other issues associated with the AI-generated content.

5. Indemnification: Users agree to indemnify and hold harmless AM Creative LLC against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney fees and costs, arising out of or in any way connected with their use of AI-generated content.

6. Compliance with Laws: Users are solely responsible for ensuring that their use of AI-generated content complies with all applicable local, state, national, and international laws and regulations. This includes obtaining all necessary permissions and consents required for the lawful use of such content.

7. Changes to AI Functionality: AM Creative LLC reserves the right to modify, enhance, or discontinue any AI features within its services at any time, without prior notice.

Intellectual Property

The Services and their original content, features, and functionality are and will remain the exclusive property of AM Creative LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

Feedback provided to any of the Services offered by AM Creative LLC is subject to the same terms as previously outlined for AM Connect.

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.


To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any outcomes resulting from use of the Service Level, including but not limited to the performance of ads, the success of marketing strategies, or the quantity or quality of leads generated.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

Provision of the Marketing Membership Service Level

The Marketing Membership Service Level is offered as a value-added enhancement to the base Service, providing subscribers with a higher tier of marketing tools and services. Upon subscription to the Service Level, the Company will grant the client exclusivity in their area, perform full setup services, create customized ads and landing pages, and provide monthly strategy calls.

While the Company strives to deliver high-quality service and results, the outcomes of marketing strategies are dependent on a multitude of factors outside of the Company's control. Therefore, the Company does not guarantee any specific results, including but not limited to the performance of ads, the success of marketing strategies, or the quantity or quality of leads generated.

 

AM Connect Ad Management and templates Add-On Terms of Service

Last Updated: June 2023

These AM Connect Ad Management or Easy Ads Add-On Terms of Service (the "Terms") govern the use of the "AM Connect Easy Ads" add-on (the "Add-On") offered by Aeropex Media ("the Company", "We", "Us" or "Our") and are an addition to the AM Connect Application's Terms and Conditions. The Add-On is available as an additional subscription level to the AM Connect Application.

1. Acceptance of Terms

By using the Add-On, you agree to these Terms. If you disagree with any part of these Terms, you may not use the Add-On.

2. Subscription Fees

The Add-On requires an additional subscription fee, which is separate from your AM Connect Application subscription. This fee is for access to run and manage your Meta (formerly Facebook) ads through the AM Connect Application. All ad spend will still need to be paid by you separately and is not included in the subscription fee.

3. No Guarantee of Leads

While the Add-On provides tools for creating, managing and monitoring Meta ads, the Company does not guarantee any specific results, including but not limited to leads, conversions, or sales. The Add-On only provides the service and platform for managing ads.

4. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Add-On, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms)

5. "AS IS" and "AS AVAILABLE" Disclaimer

The Add-On is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. The Company provides no warranty or undertaking, and makes no representation of any kind that the Add-On will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected

6. Governing Law

The laws of California, United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Add-On. Your use of the Add-On may also be subject to other local, state, national, or international laws

7. Updates to These Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. You are advised to review this page periodically for any changes. Changes to these Terms are effective when they are posted on this page.

 

White-Label Software Disclosure

The AM Connect application is a white-label product developed by High Level, which has been customized to meet the specific offerings and services of AM Creative LLC. While we strive to offer seamless and error-free service, AM Creative LLC is not responsible for any limitations, restrictions, or issues originating from the base software provided by High Level. For more information on High Level's terms and conditions, please visit https://www.gohighlevel.com/terms-of-service

Contingency Plan for Business Interruption or Closure

In the event that AM Creative LLC ceases operations, becomes insolvent, or is otherwise unable to continue providing services, users may contact High Level directly to convert their AM Connect account into an independent High Level account. This conversion will transfer all user data to a new account under the user's control but will not include any of the additional services, customizations, or support provided by AM Creative LLC. To initiate this process, users can contact High Level at https://www.gohighlevel.com/.

AM Creative LLC Services Addendum

Video Production: AM Creative LLC offers video production services subject to separate terms and conditions, which will be provided at the time of service engagement.

 

Marketing Services: 

AM Creative LLC offers various marketing services, including but not limited to social media ads/marketing services. These are also subject to separate terms and conditions.
 

REFUND POLICY

The refund policy applies to all Services provided by AM Creative LLC, including AM Connect.

The products available for purchase on our web site contain proprietary copy-writing, funnels and other intellectual property.

We provide a trial and a monthly service option to allow you to make an informed decision about our software.

Please use the trial and/or monthly subscription option to make sure that the software meets your needs before purchasing a year-long license.

All of our software is functional at the monthly membership level. For a tour of the software before purchasing, please

If you purchase any subscription to one of our products, after your payment has cleared your license to use the software and service will be activated. Once the license is activated, no refunds will be given.

If you just need extra help - reach out to our team - we're here to help make it work for you.

By signing up for an AM Connect account or marketing services subscriptions, you hereby acknowledge and agree to this refund policy.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@amcreativemktg.com

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support@amconnect.io

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