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Aimtell
Terms of Use
1. BINDING EFFECT. This is a binding agreement; please read it carefully.
Welcome to Aimtell and thank you for using the Aimtell site (the “Site”). Aimtell
Group, Inc. (the “Company”) and its affiliates, officers, directors, employees,
consultants, agents, and representatives (collectively, “Affiliates”) are proud to
provide you with the Site and the websites, features, products and services in
connection with the Site (collectively, the “Services”). By using the Site or any of the
Services, you (“User”) agree to abide by these Terms of Use, as Company may amend
them from time to time in its sole discretion. Additional terms may apply to some of
the Services; if so, the additional terms will be available with the relevant Services,
and those additional terms will become part of your agreement with Company
should you use those Services. Company will post a notice on the Site any time these
Terms of Use have been changed or otherwise updated. It is your responsibility to
review these Terms of Use periodically, and if at any time you find these Terms of
Use unacceptable, you must immediately leave the Site and cease all use of the
Services and the Site.
2. ELIGIBILITY TO USE AIMTELL. YOU AGREE THAT BY USING THE SITE OR ANY OF
THE SERVICES, YOU REPRESENT EITHER THAT (A) you are 18 years of age or older
and can form a contract with Company under the laws of the United States, the laws
of the jurisdiction in which you use the Site or the Services, or any other applicable
jurisdiction; or, that (B) you are under 18 years of age but above 13 years of age and
your parent or legal guardian, having legal authority to enter into these Terms of
Use, has consented to your use of the Site and the Services and has read and fully
accepted these Terms of Use on your behalf.
3. PRIVACY POLICY. Company respects your privacy and permits you to control
certain treatment of your personal information. A complete statement of the current
aimtell™ privacy policy (the “Privacy Policy”) can be found by visiting
aimtell.com/privacy. The Privacy Policy is expressly incorporated into these Terms
of Use by this reference.
4. PASSWORDS AND ACCOUNTS. When at times you are required to open an account
to use or access the Site or any of the Services, you must complete the registration
process by providing the complete and accurate information requested on the
registration form. You will also be asked to provide a username and password. You
are entirely responsible for maintaining the confidentiality of your password. You
may not use the account, username, or password of someone else at any time. You
agree to notify Company immediately on any unauthorized use of your account,
username, or password. You acknowledge that you are responsible for all activities
or actions that occur under any username, password, or account you use to access
or use the Site or the Services. Company and Affiliates shall not be liable for any loss
that you incur as a result of someone else using your password, either with or
without your knowledge.
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When choosing a username, you may not choose a username that is used by
someone else, that is vulgar, distasteful, inappropriate for public use, or otherwise
offensive (as determined by Company in its sole discretion), that infringes any
trademark or other proprietary rights of others, impersonates another person, or
that violates these Terms of Use. Company may reject, remove, alter or change your
username or require that you change any username, password or other account
information that you may provide. Accounts deemed inactive may be removed by
Company at any time with or with out notice.
5. OWNERSHIP. The Site and the Services belong solely and exclusively to Company.
Your use of the Site or any of the Services does not confer any title or ownership
interest in the Site, any of the Services, any information and content that you access
on or through the Site or the Services, or any intellectual property rights and
proprietary rights in any of them. Any such use should not be construed as a sale of
any rights to the Site or the Services. Nothing contained on the Site or the Services
should be understood as granting you a license to use any of the trademarks, service
marks, or logos owned by Company or any licensor of Company. Company reserves
its right to enforce its rights to the fullest extent of the law in the event of any
violation of these Terms of Use. The Site and the Services may contain certain
licensed information and content, and Company’s licensors may protect their rights
in the event of any violation of these Terms of Use.
6. USE OF SOFTWARE. Company may make certain software available to you from
time to time in connection with the Site or the Services. If you download software
from the Site or the Services, the software, including all files and images contained
in or generated by the software, and accompanying data, but excluding software
obtained under Open Source or freeware licenses that is subject to the terms and
conditions of such various applicable Open Source or freeware licenses (collectively,
the "Software") are deemed to be licensed to you by Company, for your limited,
personal, noncommercial, home use only. Company does not transfer either the title
or the intellectual property rights to the Software, and Company retains full and
complete title to the Software as well as all intellectual property and proprietary
rights therein. You may not sell, lease, lend, redistribute, modify, copy, or reproduce
the Software or any part thereof, nor may you decompile, reverse engineer,
disassemble, tamper with, attempt to extract source code, or otherwise convert the
Software, or any part thereof, unless laws prohibit such restrictions or you obtain
Company’s separate written permission. This license granted to you by Company is
revocable, non-exclusive, non-assignable, and conditioned upon your agreement to
and full compliance with these Terms of Use. Company may discontinue some or all
of the Software that Company may provide, and Company may terminate your right
to use any such Software at any time and in such event may modify it to make it
inoperable. Company may offer updates of the Software, from time to time, for
feature enhancement, security, or other purposes. Company will not automatically
update the Software, unless you authorize Company to do so. All trademarks, service
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marks, and logos are owned either by Company or its licensors, and you may not
copy or use them in any manner.
7. ACCESS TO SITE AND SERVICES. Company may offer to provide the Services, as
described more fully on the Site, which may be accessed on the Site and related
websites, or through the use of a mobile device. Company may change, suspend, or
discontinue the Site or any of the Services at any time, including the availability of
any website, feature, product, service, or content. Company may also impose limits
on the Services or restrict your access to parts or all of the Services without notice
or liability. You are granted only a limited right to use the Site and the Services in
accordance with these Terms of Use.
You shall be responsible for obtaining and maintaining any equipment or ancillary
services needed to connect to, access the Site or otherwise use the Services,
including, without limitation, hardware devices, software, and Internet connection
services. You shall be responsible for ensuring that such equipment or ancillary
services are compatible with the Services and you shall be responsible for all
charges incurred in connection with use of the Services in connection with all such
equipment and ancillary services.
8. FINANCIAL TRANSACTIONS. You may have an account without paying to
participate in certain features or services of the Site or the Services. However,
Company may charge subscription or other fees to access certain Services. You
acknowledge and agree that Company is authorized, but not required, to act on
payment instructions received from anyone using your account. You authorize
Company to (A) initiate debits or charges against your financial account or credit or
debit card periodically for the amount then due for purchases made; and (B) initiate
any other debits or charges authorized by you or anyone using the Company
account registered to you. All payments must be made in U.S. dollars from a U.S.
bank or via alternative payment methods made available by Company. You
acknowledge that transactions may be facilitated by a third party payment
processor (the "Processor"), and agree that Company may share your information,
including information about your financial accounts, with the Processor for this
purpose. You acknowledge that Company is not responsible for the information
collection, usage and disclosure practices of any Processor.
9. USER CONTENT. The Site and some of the Services may allow you to post content
or information (“User Content”) from time to time. You retain ownership of any
intellectual property rights that you hold in the User Content that you post. The
Company may or may not keep archives and is not responsible for any archives
posted by you or anyone else.
By submitting, posting, displaying, performing, transmitting, or otherwise
distributing User Content to the Site or the Services, you are granting Company a
license to use such User Content. In particular, you are granting Company a
worldwide license to use, host, store, copy, distribute, transmit, broadcast, publicly
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display, publicly perform, publish, communicate, reproduce, modify, adapt, edit,
translate and reformat such User Content, in any format or media now known or
later developed. The rights you grant in this license are for the limited purpose of
operating, promoting, bettering, and developing the Site, the Services, and
Company’s business. The rights you grant in this license also includes a right of
Company to sublicense any such rights to consultants, contractors, and other third
parties in connection with such purpose. This license continues even if you cease all
use of the Site and the Services. You acknowledge that you will not be compensated
for any User Content. Among other things, your ability to access the Site and the
Services from time to time constitutes sufficient consideration for this license. You
agree that Company may publish or otherwise disclose your name in connection
with User Content that is posted using your account. Likewise, you further agree
that Company may exercise its rights under this license without attribution to you
or anyone. The Site and the Services may or may not provide ways for you to access
and remove User Content that is posted using your account. By posting User
Content, you warrant and represent that you own the rights to such User Content or
are otherwise authorized to post, submit, display, perform, publish, transmit, or
otherwise distribute such User Content.
To the extent permitted by applicable law, you hereby waive any and all rights that
you may have under laws worldwide that concern “moral rights” or “droit rights,” or
similar rights, or any rights of publicity or privacy in connection with User Content
that you post, or that is posted using your account.
To be clear, nothing in these Terms of Use authorizes you to incorporate into any
User Content any information or content owned or licensed by Company. Nothing in
these Terms of Use obligates Company to exercise its license rights with regard to
any User Content that you post, or that is posted using your account. From time to
time, at any time, Company may, in its own discretion, add or change restrictions to
your ability to post or view User Content (without limitation, an example being
character or storage size limit), or remove or delete User Content from its servers,
without notice or liability. Further, if you submit feedback or suggestions about the
Site or the Services, Company may use your feedback or suggestions without any
obligation to you.
10. INAPPROPRIATE USER CONTENT. You agree not to submit, post, upload, display,
perform, transmit, or otherwise distribute any User Content that, as Company may
determine in its own discretion: (A) is libelous, defamatory, fraudulent, obscene,
pornographic, indecent, hateful, abusive, threatening, vulgar, distasteful, misleading,
inappropriate for public use, offensive, or otherwise in violation of any laws or
rights of any person or entity, including without limitation rights of publicity, rights
of privacy, intellectual property rights or other rights; (B) advocates or encourages
conduct that could constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or foreign law or regulation;
(C) advertises or otherwise solicits funds or is a solicitation for goods or services;
(D) delivers or causes to be delivered any unsolicited or unauthorized advertising,
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promotional materials, surveys, “junk mail,” “spam,” “chain letter,” “pyramid
scheme,” investment opportunity or other form of solicitation that Company
considers to be of such nature; or (E) delivers or causes to be delivered viruses,
Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software.
Company reserves the right to terminate your receipt, transmission, or other
distribution of any such material using the Site or the Services, and, if applicable, to
delete any such material from its servers. Company intends to cooperate fully with
any law enforcement officials or agencies in the investigation of any violation of
these Terms of Use or of any applicable laws.
If you become aware of any unlawful, offensive or inappropriate User Content on
the Site or the Services (except for content that infringes copyright, which is
addressed below), please contact Company support@aimtell.com with your name
and address, a description of the material at issue, and the link to or location of such
material.
11. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. You acknowledge that
the copyright and other intellectual property laws of the United States, international
treaties and conventions, and other laws protect the Site and the Services, and you
agree to abide by relevant intellectual property laws regarding ownership and use
of intellectual property as they relate to the Site and the Services.
By using the Site or any of the Services, you agree not to submit, upload, download,
transmit, display, perform, publish, or otherwise distribute any User Content in
violation of any copyrights, trademarks, or other intellectual property rights or
proprietary rights. You shall be solely responsible for any violations of relevant
intellectual property laws and for any infringements of any intellectual property
rights or proprietary rights caused by any User Content you post, or that is posted
using your account. The burden of proving that any User Content does not violate
any laws or intellectual property rights rests solely with you.
12. NO WARRANTIES. COMPANY AND ITS LICENSORS HEREBY DISCLAIMS ALL
WARRANTIES. COMPANY IS MAKING THE SITE, THE SERVICES, THE SOFTWARE,
AND ALL CONTENT AND OTHER INFORMATION, MATERIAL, AND PRODUCTS
AVAILABLE "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR
INABILITY TO USE, THE SITE OR THE SERVICES. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE
SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. COMPANY AND ITS LICENSORS DO NOT WARRANT THAT
THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE
OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, FREE OF
VIRUSES, OR ERROR-FREE. The Site or the Services may contain, or direct you to
websites that contain information or content that some individuals may find
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offensive or inappropriate. Company is under no obligation to monitor User
Content. Company makes no commitments or representations concerning any
information or content contained in or accessed through the Site or any of the
Services, and Company will not be responsible or liable for the accuracy, currency,
content, quality, transmission, copyright compliance, legality or decency of material
contained in or accessed through the Site or the Services.
13. NO CONTROL OVER AFFILIATED SITES. Company has no control over, and no
liability for any third-party websites or materials. Company works with a number of
partners and affiliates whose Internet sites may be linked with the Site or through
the Services. Because neither Company nor the Site has control over the content and
performance of these partner and affiliate sites, Company makes no guarantees
about the accuracy, currency, content, or quality of the information provided by
such sites, and Company assumes no responsibility for unintended, objectionable,
inaccurate, misleading, or unlawful content that may reside on those sites. Similarly,
from time to time in connection with your use of the Site, you may have access to
content items (including, but not limited to, websites) that are owned by third
parties. You acknowledge and agree that Company makes no guarantees about, and
assumes no responsibility for, the accuracy, currency, content, quality, transmission,
copyright compliance, legality or decency of this third party content, and that, unless
expressly provided otherwise, these Terms of Use shall govern your use of any and
all third party content.
Likewise, Company has no control over, and is not responsible for, the business
practices or privacy policies of any third-party sites, or for the collection, use or
disclosure of any information those sites may collect, even if those sites are owned
or operated by partners or affiliates of Company. Company makes no
representation, recommendation, endorsement, or warranty with regard to any
third-party websites.
14. LIMITED LIABILITY. COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS
AFFILIATES OR ITS LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUES, OR
LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES IN ALL
CASES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE
SERVICES, THE SOFTWARE, OR INFORMATION AND CONTENT CONTAINED
THEREIN. This limitation shall apply regardless of whether the damages arise out of
breach of contract, tort, or any other legal or equitable theory or form of action.
You agree that any claim or dispute arising in connection with your use of the Site,
the Software, or the Services must be brought and filed within one year of the date
of the event giving rise to such action occurred, even if any applicable statute of
limitations exists to the contrary. Your only right or remedy with respect to any
problem or dissatisfaction with such use is to cancel your account and cease using
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the Site and the Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
TOTAL LIABILITY OF COMPANY, ITS AFFILIATES AND ITS LICENSORS FOR ANY
CLAIM UNDER THESE TERMS OF USE (OTHER THAN AS MAY BE REQUIRED BY
APPLICABLE LAW FOR CLAIMS INVOLVING PERSONAL INJURY), INCLUDING FOR
ANY IMPLIED WARRANTIES, SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID
COMPANY TO USE THE SITE OR THE RELEVANT SERVICES DURING THE ONE-
MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM OR DISPUTE
AROSE, OR, AT COMPANY’S OPTION, TO PROVIDING YOU WITH ACCESS TO USE
THE SITE OR THE RELEVANT SERVICES AGAIN FOR A ONE-MONTH PERIOD. THIS
LIMITATION SHALL APPLY EVEN IF IT FAILS ITS ESSENTIAL PURPOSE.
15. INDEMNITY. You agree to indemnify Company for certain of your acts and
omissions. You agree to indemnify, defend, and hold Company harmless from any
and all third-party claims, losses, liability, damages, suits, judgments, and costs
(including reasonable attorney’s fees and costs) arising from your access to or use of
the Site, the Software, or the Services, your violation of these Terms of Use, or your
infringement, or infringement by any other user of your account, of any intellectual
property or other right of any person or entity. Company will notify you promptly of
any such claim, loss, liability, or demand, and will provide you with reasonable
assistance, at your expense, in defending any such claim, loss, liability, damage, suit,
judgment or cost.
16. COPYRIGHT INFRINGEMENT. Company responds to notices of alleged copyright
infringement and terminates accounts of repeat infringers according to the
procedures set out in the U.S. Digital Millennium Copyright Act.
If you have evidence, know, or have a good faith belief that your rights or the rights
of a third party have been violated and you want Company to delete, edit, or disable
the material in question, you must provide Company with all of the following
information (please consult your legal counsel or see Section 512(c)(3) of the Digital
Millennium Copyright Act to confirm these requirements):
(a) a physical or electronic signature of a person authorized to act on behalf
of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works are covered by a single notification, a
representative list of such works;
(c) identification of the material that is claimed to be infringed or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit Company to
locate the material (such as URLs);
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d) information reasonably sufficient to permit Company to contact you, such
as an address, telephone number, and if available, an electronic mail address
at which you may be contacted;
(e) a statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its
agent, or the law; and,
(f) a statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Company's designated
agent via postal mail, e-mail, or fax support@aimtell.com
17. TERMINATION. You may use the Site and the Services only as permitted by law,
including applicable export and re-export control laws and regulations. Company
reserves the right to suspend terminate your use of the Site or any of the Services.
To ensure that Company provides a high quality experience for you and for other
users of the Site, the Software and the Services, you agree that Company or its
representatives may access your account and records on a case-by-case basis to
investigate complaints or allegations of abuse, infringement of third party rights, or
other unauthorized uses of the Site, the Software or the Services. Company does not
intend to disclose the existence or occurrence of such an investigation unless
required by law, but Company reserves the right to terminate your account or your
access to the Site, the Software and the Services immediately, with or without notice
to you, and without liability to you, if Company believes that you have violated any
of the Terms of Use, furnished Company with false or misleading information, or
interfered with use of the Site, the Software, or the Services by others.
28. PROHIBITED USES. Company imposes certain restrictions on your permissible
use of the Site, the Software, and the Services. You are prohibited from violating or
attempting to violate any security features of the Site, the Software, or the Services,
including, without limitation, (a) accessing content or data not intended for you, or
logging onto a server or account that you are not authorized to access; (b)
attempting to probe, scan, or test the vulnerability of the Service, the Site, or any
associated system or network, or to breach security or authentication measures
without proper authorization; (c) interfering or attempting to interfere with service
to any user, host, or network, including, without limitation, by means of submitting a
virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or
"crashing;" (d) using the Site or Service to send unsolicited e-mail, including,
without limitation, promotions, or advertisements for products or services; (e)
forging any TCP/IP packet header or any part of the header information in any e-
mail or in any posting using the Service; or (f) attempting to modify, reverse-
engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a
human-perceivable form any of the source code used by Company in providing the
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Site, the Software, or the Service. Any violation of system or network security may
subject you to civil or criminal liability or both.
19. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from
its offices in the State of California. Company makes no representation that any of
the materials or the services to which you have been given access are available or
appropriate for use in other locations. Your use of or access to the Site should not be
construed as Company's purposefully availing itself of the benefits or privilege of
doing business in any state or jurisdiction other than California.
20. GOVERNING LAW. These Terms of Use shall be construed in accordance with
and governed by the laws of the United States and the State of California, without
reference to their rules regarding conflicts of law. You hereby irrevocably consent to
the exclusive jurisdiction of the state or federal courts in Los Angeles County,
California, USA, in all disputes arising out of or related to the use of the Site, the
Software, or the Services. ALL PARTIES TO THIS AGREEMENT WAIVE THEIR
RESPECTIVE RIGHTS TO A TRIAL BY JURY.
21. INJUNCTIVE RELIEF AND OTHER REMEDIES. You acknowledge and agree that
any breach or threatened breach of these Terms of Use by you will cause Company
and its licensors irreparable damage for which recovery of money damage would be
inadequate and that Company and its licensors may obtain timely injunctive relief to
protect their rights, without bond, other security or proof of damages, in addition to
any and all other remedies available at law or in equity.
22. MISCELLANEOUS TERMS. If, for whatever reason, a court of competent
jurisdiction finds any term or condition in these Terms of Use to be unenforceable,
all other terms and conditions shall remain unaffected and in full force and effect.
No waiver of any breach of any provision of these Terms of Use shall constitute a
waiver of any prior, concurrent, or subsequent breach of the same or any other
provisions hereof, and no waiver shall be effective unless made in writing and
signed by an authorized representative of the waiving party. If there is a conflict
between these terms and the additional terms, the additional terms shall control for
that conflict. These terms control the relationship between you and Company, and
do not create any third party beneficiary rights. You agree that you are not
considered, and shall not represent yourself as, an agent, employee, joint venturer,
or partner of Company. All provisions of these Terms of Use which by their nature
should survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity, limitations of liability,
injunctive relief and other remedies, governing law and other miscellaneous terms.
Company may, in its sole discretion and without prior notice, (A) revise these Terms
of Use; (B) modify the Site, the Software, the Services, or any combination of them;
and (C) discontinue the Site, the Software, and/or the Service at any time. Company
shall post any revision to these Terms of Use to the Site, and the revision shall be
effective immediately on such posting. You agree to review these Terms of Use and
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the Privacy Policy posted on the Site periodically to be aware of any revisions. You
agree that, by continuing to use or access the Site following notice of any revision,
you shall abide by any such revision.
23. ACKNOWLEDGEMENT. BY USING THE SITE OR ANY OF THE SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE
BOUND BY THEM.
24. COPYRIGHT AND TRADEMARK NOTICES. All contents of Site or Service are:
Copyright © 2026 AIMTELL GROUP, INC. All rights reserved.
The aimtell™ trademarks, logos, service marks, and trade names displayed on the
Site and through the Services are registered and unregistered trademarks or service
marks of Aimtell Group, Inc. or, where applicable, its licensors. All other
trademarks, logos, service marks, and trade names referenced on aimtell™ are the
property of their respective owners. All rights reserved.
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