Legal
Terms of Service
These Terms of Service (“Terms”) are an agreement between you and Aeuix LLC (“Aeuix”, “we”, “us”) covering your use of aeuix one: the web portal at aeuix.com, the aeuix one apps for iPhone, iPad and Apple Watch, and related services (together, the “Service”). By agreeing when the app asks you to, and by signing in or using the Service, you agree to these Terms, the Acceptable Use Policy and the Privacy Policy. If you use the Service on behalf of a company, you confirm you are allowed to bind that company, and “you” includes it.
1. The Service and the services agreement
The Service is a portal for managing marketing projects, calendars, files, photos, notes and billing between Aeuix and its clients. Fees, deliverables, ownership of creative work and other commercial terms are set out in the separate services agreement or proposal between Aeuix and your company (the “Services Agreement”). If these Terms and the Services Agreement conflict, the Services Agreement wins for commercial matters and these Terms win for use of the software.
2. Accounts
- Aeuix creates accounts for people at client companies and for its own team. There is no public sign-up. You must be at least 18 years old or the age of majority where you live.
- Keep your password private and tell us straight away at will@aeuix.com if you think your account has been used without permission. You are responsible for activity under your login until you tell us.
- Your company’s administrators and the Aeuix team may add or remove members of your company, and may see your company’s work in the portal. Aeuix team members can also read personal notes kept in the portal; the app tells you so when you create one.
3. Your content and Aeuix’s work
Two kinds of material live in the portal, and they are treated differently.
3.1 Material you add (“Your Content”)
- You and your company keep all rights in the files, messages, notes, brand assets, photos and other material you add. You give Aeuix a licence to host, store, display, process and transmit Your Content as needed to provide the Service and as described in the Privacy Policy, including generating previews, extracting text for search and grouping faces in photo shoots.
- Aeuix may also use Your Content where it is incorporated into Aeuix Work (Section 3.2), for example your logo placed on a design Aeuix produced.
3.2 Material Aeuix creates (“Aeuix Work”)
- Photographs, video, designs, copy, campaigns, social posts, strategies and every other deliverable that Aeuix shoots, designs or writes for your company are jointly owned by Aeuix and your company, unless the Services Agreement says otherwise in writing. Your company receives the rights described in the Services Agreement, which will always include the right to use the delivered work for its own business once the related invoices are paid.
- Aeuix may keep its own copy of Aeuix Work, including raw photo and video files, source files and the versions shown in the portal, for as long as it chooses, as part of its business records and body of work. Your company pausing, cancelling, ending the Services Agreement or asking for its portal account to be deleted does not require Aeuix to delete that copy. Aeuix has no obligation to keep any of it: it may archive or delete files at any time, so your company should download what it needs while it has access. Aeuix is not a backup service for delivered work.
- Aeuix may use Aeuix Work to show what it does: in its portfolio, on its website and social channels, in case studies, proposals, award entries, and in demonstrations of the Service. Aeuix will not disclose confidential business information (pricing, unreleased plans, internal figures) in doing so, will honour any written embargo you give us before a campaign is public, and will stop showing a specific piece if you ask in writing and have a genuine reason, such as a legal dispute or a departed employee who appears in it.
- Where identifiable people appear in Aeuix Work, Aeuix will use it in its portfolio only with the permissions the law requires from those people, which the Services Agreement asks your company to obtain from its staff, and which Aeuix obtains from anyone it books itself.
- Aeuix will not sell Aeuix Work to another business or use it to advertise a competitor of yours.
3.3 Sharing, deleting and Trash
- You confirm you have the rights and, where people appear in photos, the permissions needed for Aeuix to handle Your Content this way, including under the Face Data Notice.
- Share links you create make the linked files available to anyone who has the link. You are responsible for who you send them to and for switching them off when no longer needed.
- Deleted items stay in Trash for 30 days so they can be restored, then they are removed permanently.
4. Acceptable use
You must follow the Acceptable Use Policy. In short: no unlawful, infringing or harmful content, no attempts to access other companies’ work, no interference with the Service, and no automated scraping.
5. Aeuix’s rights
The Service, its software, design and trademarks belong to Aeuix and its licensors. We give you a limited, non-exclusive, non-transferable right to use the Service for your company’s work while these Terms are in force. You may not copy, modify, reverse-engineer, resell or build a competing product from the Service, except where the law allows.
6. Fees and billing
Fees are set by the Services Agreement and shown in the portal’s Billing section. Payments are processed by Stripe under its own terms; Aeuix never sees your card or bank details. Invoices are due by the date shown. Amounts are in US dollars and exclude taxes unless stated otherwise.
7. Third-party services and the App Store
The Service depends on providers listed at aeuix.com/subprocessors. Their availability is outside our control, and their terms govern your direct relationship with them (for example Stripe for payments).
App Store terms. If you downloaded the app from Apple’s App Store, the following also applies. These Terms are between you and Aeuix, not Apple; Apple is not responsible for the app or its content. Your licence is limited to use on Apple-branded devices you own or control, as permitted by the App Store Terms of Service, including Family Sharing where enabled. Aeuix, not Apple, is responsible for maintenance and support, for any product warranties (to the extent not disclaimed), for addressing claims relating to the app (including product liability, legal or regulatory compliance and consumer protection), and for investigating and settling any claim that the app infringes a third party’s intellectual property. If the app fails to conform to a warranty, you may notify Apple and Apple may refund the purchase price (the app is free, so no refund applies); Apple has no other warranty obligation. You confirm you are not in a country subject to a US government embargo or designated as “terrorist supporting”, and are not on any US government list of prohibited or restricted parties. You must comply with third-party terms that apply to your use of the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
8. Availability, changes and support
We work to keep the Service available and will give notice of planned maintenance when we can. We may change or retire features; if a change materially reduces what your company pays for, the Services Agreement says what happens next. Support is described at aeuix.com/support.
9. Privacy and security
Our Privacy Policy explains how we handle personal information, the Data Processing Addendum covers processing on behalf of client companies, and the Security page describes our safeguards.
10. Ending the agreement
You may stop using the Service at any time and may ask us to delete your account (see Delete your account). We may suspend or close an account that breaks these Terms or the Acceptable Use Policy, or when the Services Agreement with your company ends.
When a company leaves or cancels: its members lose access to the portal; personal details of its members are deleted as the Privacy Policy describes; and the company may request a copy of Your Content and of the delivered Aeuix Work during a 30-day hand-over period. Aeuix may keep Aeuix Work (Section 3.2) and the records it needs for accounting, legal and portfolio purposes, and has no duty to keep or return it after the hand-over period. Your Content that is not part of Aeuix Work is deleted at the company’s request or after the hand-over period, except where the law requires us to keep it.
11. Disclaimers
The Service is provided “as is” and “as available”. To the fullest extent the law allows, Aeuix disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise the Service will be uninterrupted, error-free or free of harmful components. Some places do not allow these disclaimers, so parts may not apply to you.
12. Limitation of liability
To the fullest extent the law allows, Aeuix will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from the Service or these Terms, even if advised of the possibility. Aeuix’s total liability for all claims relating to the Service in any 12-month period is limited to the amount your company paid Aeuix for the Service in that period, or US$100 if nothing was paid. Nothing in these Terms limits liability that cannot be limited by law.
13. Indemnity
You will defend and indemnify Aeuix against claims, losses and expenses (including reasonable legal fees) arising from Your Content, your breach of these Terms, or your violation of any law or third-party right, except to the extent caused by Aeuix.
14. Governing law and disputes
These Terms are governed by the laws of the State of Arizona and the United States, without regard to conflict-of-law rules. The state and federal courts in Maricopa County, Arizona have exclusive jurisdiction, and each party consents to that venue. Before starting a claim, either party will give the other written notice and 30 days to resolve the matter informally. Nothing here prevents either party from seeking urgent injunctive relief.
15. Copyright complaints
If you believe content in the Service infringes your copyright, email will@aeuix.com with the work, the location of the material, your contact details, a statement of good-faith belief, a statement under penalty of perjury that the notice is accurate and that you are authorized, and your signature. We will remove or disable access to material that infringes and may close repeat infringers’ accounts.
16. General
These Terms, the policies they reference and the Services Agreement are the whole agreement about the Service. If part of these Terms is unenforceable, the rest stays in force. Our not enforcing a term is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor of our business. Notices to you may be sent to your account email or shown in the app. We may update these Terms. When we do, the app shows you what changed and asks you to agree to the new version before you continue; we keep a record of each agreement (version, date, device). Where a change is material we will also give notice in the app or by email at least 14 days before it takes effect when practical.
17. Contact
Aeuix LLC · Scottsdale, Arizona · will@aeuix.com