1. Who this agreement is between
These Terms of Service (the “Terms”) are a binding contract between you (the “Customer” or “you”) and Elevate Environmental LLC, a Florida limited liability company doing business as AZMTH (“AZMTH,” “we,” or “us”), the company that operates the AZMTH service available at azmth.app and related domains (the “Service”).
If you accept these Terms on behalf of an organization (a band, label, podcast network, comedy collective, or any other entity), you represent that you have authority to bind that organization. In that case “you” means both you personally and the organization, and both of you are responsible for compliance.
By creating an account, clicking “I agree,” or using the Service, you accept these Terms, our Privacy Policy, and — if you process the personal data of fans, supporters, or any third party through the Service — our Data Processing Addendum (“DPA”).
2. What AZMTH is — and what AZMTH is not
AZMTH is a multi-tenant software platform for working creators — musicians, podcasters, comedians, content creators, and the labels, agencies, and managers who support them. The Service includes (without limitation): a fan CRM, tour booking and settlement tools, a publishing catalog with collaborator splits, a release timeline and pre-save manager, a content scheduler that posts to social platforms, a tip-jar and fundraiser system, brand-deal tracking, e-signature integration, and analytics across all of the above.
2.1 Nature of services
AZMTH is not a broker, agent, talent agent, booking agent, manager, representative, distributor, lawyer, or accountant. AZMTH does not procure or solicit business opportunities, contracts, sponsorships, performances, or representation on behalf of any user. All business relationships, contractual terms, and revenue arrangements are between you and your counterparties (venues, brands, collaborators, fans, fellow creators on your roster). AZMTH provides the software tools to manage those relationships and is not a party to them. You configure your own payment routing; AZMTH does not structure, advise on, or facilitate the underlying agreements. Where the Service surfaces suggestions (split-health warnings, exclusivity conflicts, pace badges, etc.), those are conveniences — not professional advice.
2.2 No custody / no control of funds
AZMTH never takes possession, custody, or control of user funds at any point in the transaction lifecycle. All payments flow directly between counterparties via the Stripe Connect infrastructure to which the receiving party has connected their own account. AZMTH's only direct interaction with funds is the deduction of platform fees (defined in Section 5.3) at the time of transaction processing.
2.3 Merchant of record
AZMTH is not the merchant of record on any user-to-user or user-to-counterparty transaction processed through the Service. The party receiving funds through Stripe is the merchant of record for that transaction (the artist for a fan tip, the venue for a ticket sale, the recipient of a brand-deal split for that portion). AZMTH does not sell or resell goods or services and is not the seller in any transaction. Each user is responsible for their own tax obligations, including (without limitation) income tax, sales tax, VAT/GST, 1099 reporting, W-8BEN, and any platform-issued forms applicable to their jurisdiction. AZMTH does not provide tax, legal, or accounting advice.
3. Account creation and eligibility
To use the Service, you must (a) be at least 18 years old, or the age of majority in your jurisdiction, whichever is older; (b) provide accurate, current, and complete information at signup; and (c) keep that information up to date.
You are responsible for everything that happens under your account. Don't share credentials. Don't reuse passwords. Use a password manager. If you discover unauthorized access, notify us within 24 hours at security@azmth.app.
4. Plans, billing, and add-ons
4.1 Plans
AZMTH offers tiered plans (currently Solo, Pro, Team, and Network) with monthly or annual billing. Plan details, including artist seats, storage included, and feature availability, are described on azmth.app/#pricing. Annual plans receive the discount listed at signup, billed in one invoice for the term.
4.2 Storage add-ons
Each plan includes a base storage allotment. If you exceed it, you can purchase storage add-ons in 100 GB increments at the price posted at signup. Storage add-ons are billed monthly and renew with your subscription unless you cancel.
4.3 Payment processing
Subscription payments are processed by Stripe. By providing payment information, you authorize us (via Stripe) to charge the payment method on file for all amounts due, including recurring subscription fees, metered overages, and storage add-ons.
4.4 Trials
We may offer free trials. At the end of a trial we will charge the payment method on file unless you cancel. Trial features may be limited or rate-limited; we'll be clear about which ones at signup.
4.5 Refunds
Subscription fees are non-refundable except where required by law or expressly stated in writing by us. Annual plans cancelled mid-term continue through the end of the paid term but do not auto-renew. Where a refund is required by consumer-protection law in your jurisdiction (for example, EU 14-day right of withdrawal), we honor it.
4.6 Failed payments
If a charge fails, we will retry per Stripe's standard retry schedule and email the account owner. If the failure isn't resolved within 14 days, we may suspend the account. Reactivation requires bringing the balance current.
4.7 Price changes
We may change subscription prices on at least 30 days' advance notice via email to the account owner. If you don't accept the new price, you can cancel before it takes effect and continue at your existing rate through the end of your current billing term.
5. Customer Stripe Connect (your earnings)
AZMTH integrates with Stripe Connect so you can collect tips, fundraiser contributions, ticket revenue, brand-deal payments, and other payments directly from your fans, venues, and counterparties. Those payments are governed by Stripe's Connected Account Agreement between you and Stripe; the merchant of record for each transaction is the user receiving funds (per Section 2.3).
5.1 Payment routing and splits
Where the Service supports multi-recipient routing — including but not limited to brand-deal splits, sync-licensing splits, tour show settlement to band members, and royalty auto-fan across collaborators — those splits execute exactly as the user defines them at the time of payment. AZMTH executes payment routing based on user-provided instructions and does not verify, modify, or enforce the correctness of any revenue splits, entitlements, or underlying agreements. Once a transaction is processed, AZMTH cannot reverse or adjust it.
Disputes regarding the correctness of split percentages, recipient identity, or amounts must be resolved between the affected parties. AZMTH will provide audit-trail records upon reasonable written request but does not adjudicate, mediate, or guarantee any claim.
5.2 Disputes, chargebacks, and reversals
Payment disputes (chargebacks, refunds, reversals) follow Stripe's standard dispute-resolution flow under Stripe's Connected Account Agreement. You acknowledge that disputes, chargebacks, or reversals may result in funds being withdrawn from your connected account in accordance with Stripe's policies, and AZMTH is not responsible for such losses. AZMTH does not mediate Stripe disputes, does not cover losses arising from chargebacks, fraud, or counterparty insolvency, and does not insure user receivables.
5.3 Platform fees
AZMTH charges a platform fee on certain payment-processing surfaces (currently a 2% platform fee on transactions in the Booking module and on multi-recipient deal-split transactions, as disclosed at the time of each transaction and on your billing settings page). Platform fees are technology service fees for use of AZMTH's software infrastructure. Platform fees are charged for access to AZMTH's infrastructure and are applied at the time of transaction processing regardless of the underlying agreement between users. Platform fees are not commissions on user revenue, are not contingent on deal success, performance, or outcome, and are not compensation for services rendered to users' counterparties. Platform fees are charged for use of the software regardless of whether any underlying transaction completes successfully.
5.4 Stripe data we hold
We do not store your full bank account or card details. Stripe does. We hold the Connect account ID and a metadata fingerprint only.
6. Your content (and fan content)
6.1 Ownership
You retain all rights to (a) any audio, video, image, document, text, or other material you upload (“Customer Content”) and (b) the catalog metadata, fan data, and analytics that result from your use of the Service.
6.2 License to AZMTH
You grant AZMTH a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process Customer Content solely to provide the Service to you. This license ends when you delete the content or close the account, except for backups retained for the periods described in our Privacy Policy.
6.3 Public-facing surfaces
Some Service surfaces are public by design — public artist profiles at /[handle], tip jars at /tip/[slug], fundraisers at /fund/[slug], embeddable widgets, OG share images. By posting content there, you authorize AZMTH to display it publicly until you delete it.
6.4 Fan personal data
When you collect data about fans, supporters, ticket buyers, or merch customers using the Service, AZMTH acts as a data processor on your behalf, and you are the data controller. Your obligations as controller — providing privacy notices, collecting valid consent, honoring data-subject requests — are described more fully in the DPA.
6.5 Acceptable Use
You will not use the Service to:
- Upload, store, generate, or distribute child sexual abuse material (CSAM), any content that sexualizes or exploits a minor, or any other content that is illegal under applicable law. This is an absolute prohibition with zero tolerance;
- Upload, store, or distribute pornography, sexually explicit content, or nudity; content that is hateful or harassing, or that promotes violence or discrimination against people on the basis of a protected characteristic; gratuitous or graphic violence; or content that promotes or glorifies self-harm. AZMTH may remove any content that, in its reasonable judgment, does not meet these content standards;
- Upload or distribute content that infringes a third party's copyright, trademark, right of publicity, or other intellectual-property right;
- Collect or store personal data without a lawful basis under applicable privacy law (GDPR, CPRA, PIPEDA, etc.);
- Send unsolicited commercial messages (spam) — including via connected ESPs like Klaviyo or Mailchimp;
- Send content to minors that would be unlawful or harmful;
- Process the personal data of EU/UK/Swiss/California residents in violation of GDPR, UK-GDPR, FADP, or CPRA;
- Run transactions designed to launder money, defraud fans, or fund prohibited activities (anything on the OFAC consolidated list, terrorism financing, regulated firearms, etc.);
- Probe, scan, or attempt to disrupt the Service's security or integrity, or use it to attack third parties;
- Reverse-engineer, decompile, scrape at scale, or build a competing product that materially copies the Service;
- Resell, sublicense, or share access to the Service with anyone who is not a member of your organization;
- Train a machine-learning model on the Service's output without our written permission.
6.6 Removal
We may remove content or suspend an account that we reasonably believe violates Section 6.5. Where the violation is not urgent, we will email you first and give you a chance to cure. Where it's urgent (CSAM, active fraud, ongoing security incident), we may remove content or suspend access immediately and notify you afterward — except that we do not notify you of a CSAM report (see Section 6.6.1).
6.6.1 Content-safety scanning and CSAM reporting
Images you upload to the Service are scanned automatically at upload as a safety and legal-compliance measure. We currently run Google Cloud Vision SafeSearch as a first-line filter for explicit content, and we are adding dedicated CSAM detection tooling (Microsoft PhotoDNA and Google's Content Safety API; applications in progress). Content that is flagged is quarantined and queued for human review. How we handle this data is described in the Privacy Policy (Sections 5A and 5C).
If we identify apparent CSAM, we will, without prior notice to you: preserve the material as required by law, report it to the National Center for Missing & Exploited Children (NCMEC) CyberTipline under 18 U.S.C. § 2258A, terminate your account immediately, cooperate with law enforcement, and forfeit any right you may otherwise have had to notice, a cure period, or a refund. Nothing in these Terms requires us to notify you of, or delay, a report we are legally obligated to make.
6.7 Artist data portability
AZMTH is built on the principle that an artist's data is the artist's property, regardless of which AZMTH organization (a solo workspace, a label workspace, a manager workspace, or any other org type) holds the active subscription at any given time. Fans, contacts, mailing lists, ticket purchasers, merch buyers, recurring supporters, contribution history, social audience metrics, and any other data flowing in through connections an artist authorized (Spotify/Klaviyo/Patreon/Eventbrite/etc.) belong to the artist whose account or profile is the connection's subject — not to the organization that happens to be the active subscriber.
When an artist transitions between organizations on the platform — joining a label, leaving a label, switching from solo to a manager-run workspace, or reverting from a label to independent — AZMTH commits in good faith to:
- Maintaining the artist's data in a transferable state across organization boundaries, including connection authorizations, fan profiles, ticket and merch purchase history, contribution history, and any aggregate metrics derived primarily from the artist's own audience.
- Mutual in-app consent for transfers. Both the artist (or the artist's authorized account holder) and the receiving organization must affirmatively initiate or accept any transfer of artist data into a new organization. AZMTH does not move artist data based on a one-sided request from either side.
- A 30-day reactivation window. If an organization removes, archives, or revokes an artist's access — whether voluntarily, by termination of an underlying agreement between artist and organization, or by AZMTH-initiated suspension of the organization itself — the artist may, within 30 days, reclaim their data by creating or upgrading a personal AZMTH workspace at any qualifying subscription tier. After 30 days the data may be archived, aggregated, or deleted in accordance with AZMTH's retention policies and the data subject's applicable privacy rights.
- Free data export at any time as part of the artist's subscription, separate from any transfer or migration flow.
- Organizational analytics retained by the organization. A label, manager, or umbrella organization may retain aggregate analytics about its business operations during the period the artist was a member of that organization (e.g. total revenue attributable to the artist, number of contracts executed, aggregate fan-count metrics) for the organization's own historical reporting and tax purposes. The organization's retained analytics may not include the underlying personally identifiable information of the artist's fans except as the data subjects' own consent independently authorizes.
Disputes between artists and organizations. Disagreements between an artist and a label, manager, or organization regarding ownership of audience, attribution of marketing spend, or interpretation of an underlying contract between those parties are matters between the artist and the organization, not AZMTH. AZMTH's position is operational and platform-level: the data on the platform follows the artist's account because the artist authorized the connections. AZMTH will honor properly served legal process in connection with such disputes but does not adjudicate them.
Implementation note. Some technical aspects of artist data portability — such as one-click in-app transfer flows between organizations — are under active development. AZMTH commits to honoring this section through manual or staff-assisted intervention until automated tooling is generally available.
7. Third-party integrations
The Service connects to third-party platforms — Stripe, Klaviyo, Mailchimp, Eventbrite, DocuSign, Spotify for Artists, Apple Music for Artists, YouTube, social platforms, distributors, Bandcamp, Shopify, and others. When you connect one, you authorize AZMTH to read and write data per the scope of that integration on your behalf. The third party's own terms and privacy policy apply to their handling of the data; the canonical list is at /legal/sub-processors. Disconnecting an integration revokes that authorization going forward.
8. AI features
The Service includes generative AI features (collectively, “AI Features”) — including drafters, suggesters, summarizers, scorers, analyzers, and assistants across modules such as Content, Streaming, Merch, Fan CRM, Brand Deals, Catalog, Royalties, Tours, Sync Licensing, Releases, Memberships, Revenue, and others. AI Features process your inputs (text you type, data you upload, signals we already store in your workspace) through one or more third-party large-language-model providers (see Section 8.5) and return generated outputs (the “AI Outputs”).
8.1 AI Outputs are data, not advice
AI Outputs are data generated from your inputs. They are not:
- financial, investment, accounting, or tax advice (no AI Output regarding revenue, royalties, recoupment, payouts, rate cards, budgets, cash runway, income diversification, contract terms, or tax preparation constitutes advice from a registered financial advisor, CPA, or tax preparer);
- legal advice (no AI Output regarding contracts, brand-deal terms, sync licenses, exclusivity windows, splits, or any other agreement constitutes advice from a licensed attorney);
- business, marketing, or strategic consulting (no AI Output regarding tour routing, market viability, channel strategy, fan segmentation, pricing, or growth tactics constitutes professional consulting advice);
- a guaranteed prediction (no AI Output regarding forecasts, surges, anomalies, viability scores, fit scores, recoupment timelines, or fan behavior is a guarantee of any future result);
- a substitute for your own judgment, professional advisors, due diligence, or independent verification.
AZMTH is not a financial advisor, attorney, accountant, tax preparer, talent agent, manager, or business consultant. Before acting on any AI Output — especially anything involving money, contracts, taxes, contractual obligations, or third-party relationships — you are solely responsible for independently verifying the output and, where appropriate, consulting a qualified professional. The Service may accompany certain AI Features with on-screen disclaimers (e.g., the sync contract reviewer's “consult a music attorney” line); those reinforce — but do not limit — this Section 8.
8.2 Accuracy, hallucination, and verification
Large-language-model outputs can be inaccurate, incomplete, outdated, biased, or wholly fabricated (commonly referred to as hallucination). AZMTH does not warrant that AI Outputs are accurate, complete, current, fit for any particular purpose, or free from error. You acknowledge and accept that:
- AI Outputs based on numerical data (revenue summaries, anomaly detectors, forecasts, budget estimators, royalty shortfall explainers) may misread, miscount, or misattribute the underlying data;
- AI Outputs based on text inputs (contract reviewers, brief parsers, clause explainers) may misread or omit material provisions, miscategorize clauses, or apply assumptions that do not match your jurisdiction or facts;
- AI Outputs that name people, places, dates, statistics, publications, or precedents may be wrong — including in ways that look authoritative;
- Re-running the same AI Feature with the same input may return a different output.
You agree to treat AI Outputs as a starting point for your own analysis, not a final answer. AZMTH is not liable for any decision you make based on an AI Output, or for any consequence of acting on an AI Output without independent verification.
8.3 High-stakes AI Features — extra caution
The following AI Features carry elevated risk and warrant extra scrutiny. AZMTH expressly disclaims any warranty that the outputs of these features are accurate, complete, or appropriate for any particular use, and your reliance on them is at your own risk:
- Contract and clause review (e.g.,
sync.contract_reviewer,documents.contract_summary,documents.clause_explainer): AI Outputs are summaries, not legal opinions. Have a licensed attorney review any contract before signing, accepting, or rejecting it. - Financial analyses (e.g.,
revenue.cash_runway,revenue.tax_prep_summary,revenue.recoupment_strategy,royalties.anomaly_detector,royalties.shortfall_explainer): AI Outputs are not audited, not GAAP-compliant, and do not substitute for a CPA, accountant, or tax preparer. Tax-prep summaries specifically must be reviewed by a qualified tax professional before filing. - Pricing and rate suggestions (e.g.,
brand.rate_card,tours.budget_estimator,members.tier_designer): AI Outputs are general benchmarks generated from training data, not market quotations. Actual market rates vary by region, audience, deliverable, season, and counterparty. - Outreach and pitch drafts (e.g.,
brand.cold_pitch,sync.pitch_drafter,fans.outreach_drafter): you are responsible for the accuracy of every claim, statistic, and statement in any draft you send. AZMTH does not verify the truth or appropriateness of generated outreach copy. - Compliance and risk flaggers (e.g., staff-facing OFAC re-check, fraud detection, ToS violation flagging): AI Outputs are advisory pre-screens, not determinations. AZMTH does not warrant their completeness or accuracy and you remain solely responsible for regulatory and compliance decisions.
8.4 Your inputs, your responsibility
You are solely responsible for the content of every input you submit to an AI Feature, including:
- confirming that you have the right to submit the input (e.g., not submitting a brand's confidential brief you are bound to keep confidential, or a contract that contains a confidentiality clause prohibiting third-party processing);
- not submitting personal data of third parties (including fan PII, collaborator PII, or counterparty PII) into free-text fields except where strictly necessary and consistent with your privacy obligations and any DPA executed between you and that party;
- not submitting credentials, payment data, government IDs, health information, or other categories of sensitive information into AI Features that aren't designed to handle them;
- not using AI Features to harass, defame, deceive, impersonate, or otherwise generate unlawful content.
8.5 Third-party model providers and data handling
AI Features route your inputs to a third-party model provider (currently Anthropic, PBC) for processing. The current sub-processor list is maintained at /legal/sub-processors and may change with notice. The provider processes your inputs to generate the AI Output and, per the provider's own terms, does not use those inputs to train its underlying models. AZMTH retains AI usage records (feature key, credit count, timestamp, success/failure, model identifier) for billing, metering, and quality purposes; the prompt and output content are not retained beyond the period necessary to deliver the response and diagnose errors. See the Privacy Policy and DPA for the full data-handling description.
8.6 AI Output ownership and your reuse
Subject to your compliance with these Terms and the underlying model provider's terms, AZMTH assigns to you the AI Outputs generated from your inputs, to the extent AZMTH has any assignable interest in them. You bear the risk of any third-party intellectual-property claim arising from your use of an AI Output (large-language-model outputs are not always copyrightable, may inadvertently resemble copyrighted material, and may fail to be protectable as works of authorship under your jurisdiction's law).
8.7 Credits, metering, and refunds
AI Features consume AI credits per the credit-cost table published in the Service. Credits are metered against your active AI subscription or top-up balance. Credits are refunded on AI Feature failures (e.g., model errors) per the refund logic implemented in the Service. A credit is consumed whenever an AI Feature runs and returns a result, regardless of whether you find the output useful, accurate, complete, or to your liking. Dissatisfaction with the quality, tone, accuracy, or usefulness of an AI Output is not a Feature failure and does not entitle you to a credit refund — AI Outputs are advisory, generated data as described in Sections 8.1 and 8.2. Only a genuine technical failure that returns no usable result is refundable. Unused subscription credits do not roll over month to month except as specified for top-up purchases. Refunds for unused credits outside of the foregoing are at AZMTH's sole discretion.
8.8 Suspension and discontinuation of AI Features
AZMTH may add, remove, throttle, deprecate, or change any AI Feature at any time. AZMTH may suspend access to AI Features for an individual workspace where it reasonably believes the workspace is misusing them (e.g., using outputs to defraud third parties, bypassing rate limits, injecting prompts intended to extract other users' data). Suspension of AI Features does not by itself suspend access to the broader Service.
8.9 No employment, agency, or fiduciary relationship
Nothing in any AI Feature — including but not limited to outputs labeled as “assistant,” “copilot,” “morning pulse,” “briefing,” or “recommendation” — creates an agency, employment, fiduciary, attorney-client, accountant-client, or advisory relationship between you and AZMTH.
8.1. AZMTH Proof (timestamped proof of creation)
AZMTH Proof lets you create an independent, timestamped record that a file existed in a specific form at a specific time. We compute a cryptographic fingerprint (a SHA-256 hash) of the file you select, record that fingerprint on one or more public blockchains, and generate a certificate. The record is designed to remain verifiable by anyone, using the unchanged original file and the proof, even after your subscription ends.
AZMTH Proof is evidence of existence and authorship at a point in time. It is not a copyright registration, and it is not legal advice or legal representation. AZMTH is not a law firm, does not practice law, and does not provide attorney services. Nothing in AZMTH Proof, the certificate, our documentation, or our help content creates an attorney-client relationship. AZMTH Proof does not replace registering your work with the U.S. Copyright Office or any other government registry, which may provide additional legal remedies (such as statutory damages and attorney's fees) that timestamped evidence alone does not. For advice about protecting, registering, or enforcing your rights, consult a qualified attorney in your jurisdiction.
AZMTH does not provide expert-witness, affidavit, deposition, or litigation-support services in connection with AZMTH Proof, and the validity of the underlying cryptographic and blockchain records does not depend on AZMTH's continued existence.
On-chain data is public and permanent. When you create a proof, certain metadata — including the file fingerprint, the work title, contributor names, and a hash of the splits — is written into a public blockchain transaction that is, by design, irreversible and cannot be edited or deleted by you or by AZMTH. Split percentages and the underlying file are not written on-chain. You are responsible for the accuracy of the information you submit (including titles, contributors, and splits) and for confirming you have the rights to the file you protect. Do not create a proof for a file or metadata you are not authorized to record.
You retain ownership of your files and proofs. Consistent with our data-portability commitments, you can export your secured catalog and proof bundles; after cancellation, your account enters the standard grace and reclaim window before any stored originals may be removed, and your downloaded proof remains independently verifiable regardless.
9. Beta, preview, and early-access features
Some features are labeled “beta,” “early access,” or “preview.” They are provided as-is and may be changed, throttled, or removed without notice. We may collect additional usage data from beta features to improve them. The standard SLA in Section 12 does not apply to beta features.
10. AZMTH's intellectual property
The Service — including the source code, design, brand, documentation, and the AZMTH name and logo — is owned by AZMTH or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use it during your subscription. Nothing in these Terms transfers ownership of AZMTH IP to you.
Feedback and feature suggestions you give us are non-confidential. We may use them to improve the Service without obligation to you.
11. Privacy and security
Our handling of personal data is described in the Privacy Policy and (for fan data you process through us) the DPA. We maintain the technical and organizational security measures described in DPA Annex 3, including encryption in transit (TLS 1.2+), encryption at rest, role-based access control, audit logging, and time-boxed PII elevation for engineering work.
12. Service availability
We aim for 99.9% monthly uptime on the production Service, measured at our load balancer. Scheduled maintenance announced at least 48 hours in advance does not count against uptime. Force-majeure events do not count against uptime. If we miss the target in a given month, the sole remedy is a service credit equal to 10% of that month's subscription fee, applied to a future invoice on request within 30 days.
13. Suspension and termination
13.1 By you
You can cancel at any time from /settings/billing or by emailing support@azmth.app. Cancellation stops auto-renewal at the end of the current billing period. We do not pro-rate mid-term cancellations unless required by law.
13.2 By us
We may suspend or terminate your account if you (a) materially breach these Terms and don't cure within 14 days of notice, (b) are 30+ days past due on payment, (c) violate Section 6.5 (Acceptable Use) or our Community Guidelines, (d) repeatedly post content we remove for content-policy violations, or (e) we are legally required to (e.g., by court order or sanctions law).
For severe violations — including CSAM or other content that sexualizes a minor, other illegal content, fraud, or threats to the security or safety of the Service or its users — we may suspend or terminate immediately and without a cure period, and remove the content at once. Whether to warn, remove, suspend, or terminate is at our reasonable discretion, based on the severity and recurrence of the violation.
We may also suspend, restrict, or terminate access where we reasonably believe it is necessary to protect the Service, its users, our partners, our business operations, legal compliance, or community safety — including where a user's conduct or content could expose AZMTH to legal liability, payment-processor or app-store enforcement, intellectual-property claims, fraud, exploitation, or security or safety risks. Except where these Terms provide a specific cure period, we may take such action with or without notice, where permitted by law.
13.3 Effect of termination
On termination, your access to the Service ends. We will keep your data available for export for 30 days; after that, we permanently delete it, subject to backups that age out within 90 days and to records we are legally required to retain (e.g., tax records). You can request earlier deletion by emailing privacy@azmth.app.
14. Disclaimers
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY OF THIRD-PARTY DATA SURFACED IN THE SERVICE (STREAMING METRICS, SOCIAL ENGAGEMENT, ROYALTY ESTIMATES, ETC.) — THOSE ARE BEST-EFFORT AGGREGATIONS.
AZMTH DOES NOT VERIFY, MODIFY, ENFORCE, MEDIATE, OR GUARANTEE THE CORRECTNESS OF ANY REVENUE SPLITS, ENTITLEMENTS, CONTRACTUAL TERMS, OR UNDERLYING AGREEMENTS BETWEEN USERS AND THEIR COUNTERPARTIES OR BETWEEN USERS ON THE SAME WORKSPACE. AZMTH EXECUTES PAYMENT ROUTING BASED ON USER-PROVIDED INSTRUCTIONS AT THE TIME OF PAYMENT AND CANNOT REVERSE OR ADJUST TRANSACTIONS ONCE PROCESSED. AZMTH IS NOT RESPONSIBLE FOR LOSSES ARISING FROM CHARGEBACKS, FRAUD, COUNTERPARTY INSOLVENCY, OR DISPUTES BETWEEN USERS.
WITHOUT LIMITING SECTION 8, AZMTH SPECIFICALLY DISCLAIMS ANY WARRANTY THAT AI OUTPUTS ARE ACCURATE, COMPLETE, CURRENT, APPROPRIATE FOR ANY PURPOSE, OR FREE FROM ERROR. AI OUTPUTS ARE DATA, NOT ADVICE; AZMTH IS NOT A FINANCIAL ADVISOR, ATTORNEY, ACCOUNTANT, TAX PREPARER, TALENT AGENT, MANAGER, OR BUSINESS CONSULTANT. ANY DECISION MADE IN RELIANCE ON AN AI OUTPUT — INCLUDING DECISIONS REGARDING CONTRACTS, TAXES, ROYALTIES, RECOUPMENT, PRICING, BUDGETING, FORECASTING, OUTREACH, OR COUNTERPARTY DEALINGS — IS MADE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENT VERIFICATION AND, WHERE APPROPRIATE, CONSULTATION WITH A QUALIFIED LICENSED PROFESSIONAL.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, or lost data, even if advised of the possibility.
- Our total aggregate liability under these Terms for any twelve-month period is capped at the greater of (a) the amount you paid us for the Service in that twelve-month period or (b) US $100.
- The cap does not apply to (i) your obligation to pay fees, (ii) either party's indemnification obligations, (iii) breaches of confidentiality, or (iv) liability that cannot be limited under applicable law (e.g., gross negligence, willful misconduct, fraud, death or personal injury caused by negligence).
16. Indemnification
You will defend, indemnify, and hold harmless AZMTH and its affiliates, officers, directors, and employees from any third-party claim arising out of (a) your use of the Service in violation of these Terms, (b) your Customer Content, (c) your processing of fan personal data without a lawful basis, (d) your violation of Section 6.5 (Acceptable Use), or (e) your use of, reliance on, or distribution of any AI Output, including without limitation any claim that an AI Output you used or sent (i) was inaccurate, incomplete, or misleading, (ii) infringed a third party's intellectual-property or privacy rights, (iii) constituted unauthorized financial, legal, tax, or professional advice, or (iv) caused financial, contractual, or reputational loss to a third party. We will defend you against any third-party claim that the Service, when used as permitted by these Terms, infringes that party's intellectual-property rights, subject to the cap in Section 15.
17. Governing law and disputes
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-laws principles. Any dispute will be resolved exclusively in the state or federal courts located in the county of Elevate Environmental LLC's registered office in Florida, and both parties consent to personal jurisdiction there.
If you are a consumer in the EU/UK/Switzerland, mandatory consumer-protection law in your country of residence may give you additional rights — those rights are not waived by this Section.
17.1. International availability and sanctions
AZMTH is operated from the United States and is offered worldwide subject to the limitations in this Section. We make no representation that the Service is appropriate or available for use in every jurisdiction, and you are responsible for compliance with local laws when you access it.
AZMTH may restrict or terminate access where use would violate applicable laws or sanctions. The Service is not available to users located in, or who are residents or nationals of, countries comprehensively sanctioned by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) — currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine. The list of sanctioned regions changes from time to time; we update this Section to track current OFAC guidance.
You represent that you are not on any U.S. government prohibited- or restricted-parties list (including the Specially Designated Nationals list) and that you will not use the Service to facilitate transactions with anyone who is.
17.2. Currency and foreign exchange
You select your default currency during onboarding and may change it later in Settings (subject to Stripe Connect requirements). Money displayed in the Service appears in your organization's default currency. AZMTH does not perform currency conversion: when payments cross currency boundaries, Stripe and the cardholder's bank determine exchange rates and any FX fees, and those rates and fees are between you, Stripe, and the bank — not AZMTH.
Internal records (ledger entries, recoupment math, brand-deal splits, payouts) are stored in the currency you selected when the record was created. Changing your default currency does not retroactively convert prior amounts.
17.3. Cross-border data transfer
AZMTH is operated from the United States and our infrastructure runs on U.S.-based hosting providers. By using the Service you consent to the transfer of your data — including any personal data of fans or third parties you submit — to the United States and to the other jurisdictions where our sub-processors operate (see the public sub-processor list). Where required, transfers of personal data out of the EU/UK/EEA are governed by Standard Contractual Clauses (or the UK's International Data Transfer Addendum) attached to our Data Processing Addendum.
17.4. Tax responsibility
You are solely responsible for determining and complying with all taxes, duties, and reporting obligations that apply to your activities and transactions in your own jurisdiction — including (without limitation) income tax, sales tax, VAT, GST, 1099 reporting, W-8BEN, withholding, and any registration requirements that apply to you as a creator, label, or merchant. AZMTH is not the merchant of record (Section 2.3) and does not collect, remit, or advise on taxes related to your transactions with fans or counterparties.
18. Changes to these Terms
We may update these Terms from time to time. Material changes take effect 30 days after we email the account owner and post the updated version. Your continued use after the effective date is acceptance. Non-material edits (typos, clarifications) take effect immediately on posting.
If you do not agree to a change, your remedy is to cancel and stop using the Service before the effective date (Section 13.1). It is your responsibility to keep your account email current so change notices reach you, and to review updates we notify you about.
We keep a public changelog of material changes alongside the document (see the version history below).
19. Notices
Notices to AZMTH must be in writing to legal@azmth.app. Notices to you go to the email on file for the account owner and the in-app notification system.
20. Miscellaneous
These Terms (together with the Privacy Policy, DPA, and any order form) are the entire agreement between us and supersede prior agreements about the Service. If any clause is unenforceable, the rest remain in effect. Our failure to enforce a right isn't a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
21. Contact
Questions about these Terms? legal@azmth.app. Press / media: press@azmth.app. Anything else: support@azmth.app.