Terms of Service - Aery

Terms of Service

Effective Date: October 30, 2025

1. Introduction

Welcome to Aery CO ("Aery," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website tryaery.com (the "Site"), our AI-powered SaaS platform for creating and sharing lead magnets (such as ebooks, quizzes, or other marketing tools), and any related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree with these Terms, you may not use the Services. We may update these Terms from time to time; continued use after changes constitutes acceptance. We'll notify you of material changes via email or a notice on the Site.

2. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use the Services. By using the Services, you represent that you meet this requirement and are not barred from using the Services under applicable law.

3. Description of Services

Aery provides an AI-driven platform that enables marketers to create, customize, and share lead magnets with their audiences. This includes tools for generating content like ebooks, quizzes, and forms, as well as features for tracking engagement and collecting leads. We may offer free trials, freemium access, or paid subscription plans. Access to certain features may require an account and payment.

The Services are provided "as is" and "as available." We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

4. User Accounts

To access the full Services, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain the security of your account credentials and notify us immediately of any unauthorized use.
  • Be responsible for all activities under your account.

We may suspend or terminate your account for violations of these Terms or for security reasons.

5. Payment Terms

Certain features of the Services are available only through paid subscriptions. By subscribing, you agree to pay all fees in accordance with our pricing page (available at tryaery.com/pricing or similar). Fees are non-refundable except as required by law.

  • Billing: We use third-party processors like Stripe for payments. You authorize recurring charges for your subscription term.
  • Taxes: You are responsible for any applicable taxes.
  • Changes: We may adjust pricing with 30 days' notice. Unused prepaid periods are not prorated for downgrades.

If your payment fails, we may suspend your access until resolved.

6. Intellectual Property

Our Rights

The Services, including all software, designs, text, graphics, and AI models (collectively, "Aery IP"), are owned by us or our licensors and protected by copyright, trademark, and other laws. You receive no ownership interest; your use is licensed solely for personal or internal business purposes as permitted under these Terms.

Your Content

You retain ownership of any content you upload, create, or submit to the Services ("User Content"), such as lead magnet designs, audience data, or custom inputs. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to host, display, and process it to provide the Services (e.g., using AI to generate outputs).

You represent that your User Content does not infringe third-party rights and complies with these Terms. We are not responsible for your User Content, including any leads collected from shared lead magnets—ensure you have proper consents.

Generated Content

Any output generated by our AI tools (e.g., customized ebooks) is considered User Content for ownership purposes, but we retain rights to use anonymized data from it to improve the Services.

7. Prohibited Activities

You agree not to:

  • Use the Services for illegal purposes or in violation of any law.
  • Reverse engineer, decompile, or attempt to access source code.
  • Upload viruses, malware, or harmful code.
  • Harass, spam, or impersonate others.
  • Collect or share personal data without consent (beyond what's enabled by our tools).
  • Use the Services to create content that is defamatory, obscene, or promotes violence.
  • Exceed usage limits or scrape data without permission.

We may monitor usage for compliance and take action, including terminating accounts, if violations occur.

8. Third-Party Services

The Services may integrate with or link to third-party sites or services (e.g., Stripe for payments, Posthog for insights). We are not responsible for their content, privacy practices, or availability. Your use of them is at your own risk and subject to their terms.

9. Termination

You may stop using the Services at any time. We may terminate or suspend your access for any reason, including non-payment or violations, with notice where practicable.

Upon termination:

  • Your right to use the Services ends.
  • We may delete your User Content after 30 days (unless required to retain for legal reasons).
  • Sections that by nature survive (e.g., IP rights, limitations of liability) continue.

10. Disclaimers and Limitation of Liability

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. AI-GENERATED CONTENT MAY CONTAIN INACCURACIES; YOU ARE RESPONSIBLE FOR REVIEWING AND VERIFYING IT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AERY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Aery, its affiliates, and their officers, directors, employees, from any claims, losses, or damages arising from your use of the Services, violation of these Terms, or infringement of third-party rights by your User Content.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, USA, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in San Francisco County, California. You waive any objections to venue or jurisdiction.

We encourage informal resolution first—contact us at hello@tryaery.com before escalating.

13. Miscellaneous

  • Entire Agreement: These Terms, along with our Privacy Policy, constitute the full agreement.
  • Severability: If any provision is invalid, the rest remain enforceable.
  • No Waiver: Our failure to enforce a right does not waive it.
  • Assignment: We may assign these Terms; you may not without our consent.
  • Force Majeure: We are not liable for delays due to events beyond our control.

Contact Us

For questions, concerns, or rights requests, reach out to:

Email: hello@tryaery.com
Address: 2261 Market Street, STE 86656, San Francisco CA 94114, United States

Thank you for trusting us with your data. We're here to help marketers like you succeed while respecting your privacy.