Terms and Conditions

1. Introduction and Acceptance

The Aftertone website (the “Website”) is owned and operated by Soltan Enterprises Limited, a company registered in Hong Kong SAR, China, trading under the brand name Aftertone (“Company”, “we”, “us”, or “our”). The term “you” refers to any visitor, viewer, or user of the Website and/or any user of any free or paid program, product, or service of the Company (each, a “Product”). Aftertone is a digital product consisting of 180+ aesthetic AI photo effects that you apply inside ChatGPT, made available at the Personal ($27) and Creator License ($67) tiers.

By viewing, visiting, or using the Website and/or a Product, you indicate your acceptance and agreement to be bound by these Terms and Conditions, our Privacy Policy, and our Refund Policy (collectively, this “Agreement”). If you do not accept the terms of this Agreement, please do not use the Website or any Products.

We reserve the right to amend this Agreement at any time. When we make changes, we will update the “Last Updated” date at the top of this page. For material changes, we will make reasonable efforts to notify you (such as by email or a prominent notice on our Website). Your continued use of the Website or any Products after changes are posted constitutes your acceptance of the updated Agreement.

2. Eligibility

The Website and our Products are intended for individuals who are at least 18 years of age. By using the Website or purchasing any Product, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.

Our Website is intended for individuals located worldwide. We do not make any representations that the Website or Products are appropriate or available for use in every jurisdiction. If you access the Website from outside of your home jurisdiction, you do so at your own initiative and are solely responsible for compliance with applicable local laws.

3. Account Terms and Responsibilities

When you create an account on our platform or purchase a Product, the following terms apply:

Account security: You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you become aware of any unauthorised use of your account.

Account sharing: Your account and any Products associated with it are for your personal use only. You may not share your login credentials, grant access to your account, or allow any other person to use your account or access your Products. Violation of this term may result in immediate termination of your account and access without refund.

Accurate information: You agree to provide accurate, current, and complete information when creating your account and making purchases, and to update such information as needed.

Account suspension or termination: We reserve the right to suspend or terminate your account at any time if we reasonably believe you have violated this Agreement, including but not limited to account sharing, fraudulent activity, or misuse of our Products.

4. Digital Products and Access

4.1 Product Delivery

Upon completing your purchase, you will receive access to your digital Product through one or more of the following methods:

• Direct download link sent to your email
• Access to a member portal or content platform
• Email delivery of the product or access credentials

By proceeding with your purchase, you acknowledge that you are purchasing a digital product that will be delivered electronically.

4.2 Platform Availability

We strive to ensure that our Website and Products are available at all times. However, access may occasionally be interrupted for maintenance, updates, or circumstances beyond our control. We do not guarantee uninterrupted or error-free access to the Website or any Products.

Certain features of our Products are delivered through third-party platforms, including GoHighLevel, and Aftertone’s effects are designed to be applied using third-party AI tools such as ChatGPT. We are not responsible for downtime, service interruptions, pricing changes, model changes, or technical issues caused by third-party platforms or AI providers. If a third-party platform issue prevents you from accessing a Product you have purchased, we will make reasonable efforts to restore access or provide an alternative delivery method.

4.3 Modification of Products

We reserve the right to update, modify, improve, or discontinue any Product at any time, including changes to effects, content, features, delivery methods, or access platforms. Where a modification materially reduces the functionality or value of a Product you have purchased, we will make reasonable efforts to notify you in advance. Modifications to free Products or future updates do not entitle you to any compensation or refund.

5. Licence Terms

When you purchase or download Aftertone, we grant you a limited, non-sublicensable, non-transferable, non-exclusive, revocable licence (“Licence”) to access and use the Product in accordance with the tier you purchased:

• Personal License: grants you the right to access and use the effects for your own personal, non-commercial use only.
• Creator License: grants you the right to use the effects to create content for your own commercial and client-facing projects, subject to the restrictions below.

Under either Licence, you may not:

• Reproduce, resell, distribute, or redistribute any Product, its effects, or its prompts
• Create derivative works based on the Product’s effects or prompts for the purpose of redistribution
• Share, publish, or make any Product, its effects, or its prompts available to any third party
• Use the Personal License for any commercial purpose, including client work, consulting, training, or resale
• Record, screenshot, or capture the effects, prompts, or other content from any Product for redistribution
• Reverse engineer, decompile, or attempt to extract the underlying prompts or structure of any Product for redistribution

Your Licence is for individual use only. You have no right to assign, sublicence, or transfer any of your rights under this Agreement. If we discover that any violation of these Licence terms has occurred, we reserve the right to immediately terminate your access to all Products and pursue damages.

6. Intellectual Property

The Website and its content, and all Products — including but not limited to effects, prompts, images, digital content, software, text, graphics, and other material — are owned or licensed by the Company and are protected by copyright, trademarks (whether registered or unregistered), design rights, database rights, and all other applicable intellectual property rights (“Intellectual Property”).

You may view and access our Intellectual Property solely in accordance with your Licence tier, provided that you keep all copyright and proprietary notices intact. Any other use requires our explicit written consent. Please contact us at [email protected] with any questions.

7. Guidelines for Use

By using the Website or any Product, you agree to the following guidelines:

• You will comply with all applicable laws and regulations.
• You will not infringe any copyright, trademark, trade secret, right of publicity, privacy, or other intellectual property or proprietary rights of any third party.
• You will not act in any way that is fraudulent, false, misleading, or deceptive, including by impersonating another individual or misrepresenting your identity.
• You will not engage in any conduct that is harassing, threatening, defamatory, abusive, vulgar, obscene, or otherwise objectionable.
• You will not reveal the personal information of another individual without their consent.
• You will not engage in any activity that could limit or interfere with any other person’s use or enjoyment of the Website or any Product.
• You will not engage in unsolicited advertising, spam, or any unauthorised promotional activity.
• You will not attempt to gain unauthorised access to any portion of the Website, any Products, or any systems or networks connected to the Website.
• You will not distribute any materials containing viruses, malware, trojans, or any other harmful code.
• You will not engage in market research or competitive intelligence activities directed at the Company.
• You will not deploy any automated tools, bots, scrapers, or spiders on the Website without our express written consent.
• You will notify us at [email protected] if you become aware of any violation of these guidelines.

We reserve the right to deny you access to the Website and any Products, in our sole discretion, at any time and for any reason.

8. Fees and Payment

When you purchase any Product through the Website, the following terms apply:

Payment obligation: You are responsible for all applicable fees, charges, and taxes associated with your purchase.

Accurate billing information: It is your responsibility to provide complete, accurate, and up-to-date billing and payment information. If you are on a payment plan or recurring payment, you must keep your payment method current.

Failed payments: If your payment method is declined or expires, you agree to pay all applicable fees and taxes due upon demand, including any costs of collection (such as reasonable attorney’s fees) on any outstanding balance.

Payment processing: Payments are processed by third-party payment processors, including Stripe, GoHighLevel, and PayPal. By making a purchase, you agree to the terms and privacy policies of the applicable payment processor.

Payment processor fees: Third-party payment processor fees are non-refundable. Where a refund is issued, payment processor fees will be deducted from the refund amount as described in our Refund Policy.

Currency: Prices are displayed in the currency shown on the Website at the time of purchase. Any currency conversion fees charged by your bank or payment provider are your responsibility.

9. Refund Policy

Our Refund Policy is set out in a separate document available on our Website. The Refund Policy is incorporated into this Agreement by reference. By making a purchase, you acknowledge that you have read and agreed to the Refund Policy.

Key points: Aftertone is a digital product delivered electronically. Refund eligibility is governed by Aftertone’s Refund Policy, subject to the exceptions described therein. Payment processor fees are non-refundable and will be deducted from any approved refund amount.

We reserve the right to modify our Refund Policy at any time. Changes will be posted on the Website and will apply to purchases made after the change is posted.

10. Results Disclaimer

Aftertone is provided for personal and creative use. Nothing on our Website, in our Products, or in any of our content or communications constitutes a promise or guarantee of specific results, outcomes, engagement, or earnings.

You acknowledge and agree that:

• Any results, engagement, growth, or income referenced on our Website, in our Products, or in our marketing materials are illustrative of concepts only and should not be interpreted as average results, typical results, or promises of future performance.
• Your results will depend entirely on your own effort, skill, circumstances, the third-party AI tools you use, and many other factors that are beyond our control.
• We do not provide legal, financial, tax, medical, or any other professional advice. You should consult qualified professionals before making decisions based on any information in our Products.
• You are solely responsible and accountable for your own decisions, actions, content, and results, including the images you generate using our effects.

By purchasing or using any Product, you agree not to hold the Company or its directors, employees, contractors, or agents liable for any outcomes, results, or consequences arising from your use of our Products.

11. No Warranties

Your use of the Website and any Products is entirely at your own risk. The Website and our Products are provided on an “as is” and “as available” basis.

To the fullest extent permitted by applicable law, we make no express or implied warranties or representations relating to the Website, its content, or our Products, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement of third-party rights. We also do not warrant that the Website will operate without error or interruption, or that the Website, our servers, or our Products are free from viruses or other harmful components.

Some jurisdictions do not permit the exclusion of certain warranties. Where such exclusions are not permitted by law, the exclusions in this section will apply only to the fullest extent permitted.

12. Limitation of Liability

To the fullest extent permissible by law, the Company and our directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees, and licensees shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, or other loss or damage, including but not limited to damages for loss of profits, goodwill, business interruption, use or loss of data, or other intangible losses, which may directly or indirectly arise out of or be related to:

• Your use of or inability to access the Website or any Products
• Your reliance on any advice, opinion, information, representation, or omission contained on or received through the Website or any Products
• Any unauthorised access to or alteration of your data or transmissions
• Any conduct or content of any third party on the Website

This limitation of liability applies whether such liability arises from tort, negligence, breach of contract, or any other legal theory, even if we have been advised of the possibility of such damages.

Liability cap: In any event, our total aggregate liability to you for all claims arising out of or relating to this Agreement or your use of the Website or any Products shall not exceed the amount you paid to us for the specific Product giving rise to the claim in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages. Where such limitations are not permitted, the limitations in this section will apply only to the fullest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company and our affiliates, and our respective directors, contractors, successors, shareholders, agents, officers, employees, assignees, and licensees from and against any and all damages, liabilities, losses, costs, and expenses (including reasonable legal and accounting fees) arising out of or relating to:

• Your use or misuse of the Website or any Products
• Your breach of this Agreement
• Your violation of any third-party rights, including intellectual property, privacy, or proprietary rights
• Any content you submit, post, transmit, or generate through or using the Website or our Products

We will provide you with notice of any such claims. We reserve the right, at your expense, to assume exclusive control of the defence of any claim, including choice of legal counsel. You agree to cooperate and assist us in defending any such claim.

14. Communications Consent

By creating an account or purchasing a Product, you consent to receive transactional communications from us, including order confirmations, access instructions, account notifications, and important updates about your Products or account. These communications are necessary to fulfil our contract with you and are not marketing communications.

Marketing and promotional communications are governed by our Privacy Policy. You may opt out of marketing communications at any time by clicking the “unsubscribe” link in any marketing email. Opting out of marketing communications does not affect transactional communications.

15. Binding Arbitration (United States Customers)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15.1 Agreement to Arbitrate

If you are located in or are a resident of the United States, you and the Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Website, or any Products (collectively, “Disputes”) will be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring individual claims in small claims court if they qualify.

15.2 Arbitration Rules and Procedures

Arbitration will be administered by a recognised arbitration body mutually agreed upon by the parties, or if the parties cannot agree, by a body selected in accordance with the laws of Hong Kong. The arbitration will be conducted in English. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Costs

Each party will be responsible for their own arbitration costs and legal fees, unless the arbitrator determines that a party’s claim or defence was frivolous, in which case the arbitrator may award reasonable costs and fees to the prevailing party.

15.4 Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, you must send written notice to [email protected] within 30 days of your first purchase from the Website. Your opt-out notice must include your full name, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you and the Company will retain the right to litigate Disputes in court, subject to the governing law provisions of this Agreement.

15.5 Scope

This arbitration agreement applies only to individuals located in or residents of the United States. If you are located outside the United States, any Disputes will be resolved in accordance with Section 17 (Governing Law and Jurisdiction) of this Agreement.

16. Class Action Waiver

YOU AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS. YOU WAIVE THE RIGHT TO PARTICIPATE IN, OR BE A MEMBER OF, ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING.

You agree that you will only bring claims against the Company in your individual capacity and will not seek to bring, join, or participate in any class, collective, consolidated, or representative action, whether in arbitration or in court.

If any court or arbitrator determines that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed from the arbitration and may proceed in court, while the remaining claims shall continue to be arbitrated on an individual basis.

17. Governing Law and Jurisdiction

This Agreement and all matters arising out of or relating to it shall be governed by and construed in accordance with the laws of Hong Kong SAR, China, without regard to conflict of laws principles.

For customers located outside the United States (or US customers who have opted out of arbitration under Section 15.4), any Disputes that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of Hong Kong SAR.

17.1 Consumer Rights

Nothing in this Agreement is intended to exclude or limit any mandatory consumer protection rights that apply to you under the laws of your jurisdiction. Where mandatory local consumer protection laws provide you with rights that cannot be waived or limited by contract, those rights will prevail over any conflicting provision in this Agreement.

18. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under this Agreement where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, epidemics, or pandemics
• Acts of government, war, terrorism, or civil unrest
• Power outages, internet or telecommunications failures
• Failures or outages of third-party platforms, including hosting providers, payment processors, AI providers, or content delivery platforms
• Cyberattacks, distributed denial-of-service attacks, or security breaches

In the event of a force majeure event, we will make reasonable efforts to resume performance as soon as practicable and to notify affected customers of any material delays.

19. Termination

We reserve the right, in our sole discretion, to terminate this Agreement and to terminate, restrict, deny, or suspend your access to the Website and all Products at any time and for any reason, including but not limited to a breach of this Agreement.

Upon termination:

• Your Licence to access and use all Products will immediately cease.
• You must discontinue all use of the Website and any Products.
• We may delete your account and all associated data, subject to our data retention obligations as described in our Privacy Policy.
• Any provisions of this Agreement that by their nature should survive termination will survive, including but not limited to Licence restrictions, intellectual property rights, disclaimers, limitations of liability, indemnification, arbitration, and governing law.

We also reserve the right to discontinue any or all of the Website or Products at any time without prior notice.

20. Miscellaneous

20.1 Entire Agreement

This Agreement, together with our Privacy Policy and Refund Policy, contains the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral.

20.2 Severability

If any term or provision of this Agreement is held to be invalid, prohibited, or unenforceable under applicable law, the remaining provisions of this Agreement will continue in full force and effect.

20.3 Waiver

Our failure to act on or delay in exercising any right under this Agreement will not operate as a waiver of that right. No single or partial exercise of any right will preclude any further exercise of that right or any other right.

20.4 Assignment

You may not assign any of your rights or transfer any obligations under this Agreement to any other person without our prior written consent. We may assign our rights and obligations under this Agreement at any time without notice to you.

20.5 Attorney’s Fees

If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and disbursements in addition to any other relief to which such party may be entitled.

20.6 Confidential Information

Please do not send, email, or otherwise transmit any confidential information to us through the Website unless we have specifically requested it and have agreed to appropriate confidentiality obligations.

20.7 Headings

Section headings in this Agreement are used for convenience of reference only and do not define, describe, limit, or extend the scope or intent of any provision.

21. How to Contact Us

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