Aftermark Terms of Use

Last updated: 6 November 2025

Company: Possibility Studios Pty Ltd ACN 690 900 497 trading as Aftermark

Contact: legal@aftermark.ai

Our disclosures

Please read these Terms carefully. We draw your attention to the following.

1. Our Privacy Policy on our website explains how we collect, use, disclose, store, and protect personal information.

2. Clause 3 explains how these Terms can be varied and the effect of any change.

3. Clause 6 explains your Subscription, auto renewals, upgrades, downgrades, billing cycles, cancellations, and refunds.

4. Clause 13 limits and excludes our liability to the maximum extent permitted by law and allocates risk to you where appropriate.

5. Clause 15 preserves your rights under the Australian Consumer Law. These Terms do not limit your Consumer Law Rights.

If there is any inconsistency between these Terms and a quote, order form, or plan description we provide to you, that other document will prevail to the extent of the inconsistency.

1. Who we are and what these Terms cover

1.1 We are Possibility Studios Pty Ltd ACN 690 900 497 trading as Aftermark. We own and operate the website, applications, and services that make up the Aftermark platform.

1.2 These Terms govern your access to and use of our platform, websites, APIs, software, content, tools, documentation, and all related services we provide.

1.3 When we say you or your, we mean both you as an individual user and any company, client, or entity you represent or on whose behalf you use the Services. You represent and warrant that you have authority to bind that entity to these Terms.

2. Acceptance, formation, and term

2.1 You accept these Terms by creating an account, clicking accept, paying any fee, or by accessing or using the Services.

2.2 These Terms start on the date you accept them and continue until your account is terminated under clause 16.

2.3 By inviting or provisioning access for any person to use the Services under your account, you confirm they are your Authorised User and you are responsible for all acts and omissions of each Authorised User.

3. Changes to these Terms

3.1 We may amend these Terms by giving you at least 30 days written notice. We may give notice by email or in product notification.

3.2 If you do not agree to a change, you may cancel your Subscription with effect from the change date by written notice during the notice period. If you paid Subscription Fees upfront, we will provide a pro rata refund for the unused portion of the current Subscription Period.

3.3 If a change is purely administrative, clarifies an obvious error, or introduces a new feature that imposes no additional obligation on you, it takes effect immediately.

4. Services and scope

4.1 We provide a software as a service platform that assists with marketing workflows, including community discovery and engagement, AI assisted content generation, analytics, scheduling, and related features described in your plan.

4.2 Features may vary by plan and may change over time. We may add, modify, or remove features to improve the Services.

4.3 Our Services are not legal, financial, medical, or risk management advice. You must make your own assessments and implement appropriate human review before relying on any output.

4.4 From time to time we may offer preview or beta features. Beta features are provided as is, may change or be withdrawn at any time, and are excluded from service levels and warranties.

5. Accounts and access

5.1 You must keep account information complete and accurate, keep credentials confidential, and promptly notify us of suspected unauthorised access.

5.2 Each login is for a single named user. Concurrent or shared use of one login by multiple individuals is not permitted.

5.3 You control the roles and permissions of your Authorised Users and remain responsible for their compliance with these Terms.

6. Subscriptions, renewals, and fees

6.1 You must hold a current paid Subscription to access paid features. Plan features, limits, and pricing are shown in the order flow or on our website.

6.2 Subscription Period. Unless otherwise stated, Subscriptions are yearly and auto renew for successive periods equal to the prior Subscription Period.

6.3 Billing Cycle. You will be billed at the start of each Billing Cycle as stated in your plan or order.

6.4 Payment. You authorise our payment processor to charge all fees and applicable taxes to your selected payment method. You must be the authorised holder of that method.

6.5 Late payment. If payment fails or is overdue we may suspend or limit the Services and charge interest at the RBA cash rate plus 2 percent per annum calculated daily and compounding monthly.

6.6 Upgrades and seat changes take effect immediately and are charged pro rata for the remainder of the current Billing Cycle. Downgrades take effect at the next Billing Cycle.

6.7 Price changes. We may vary fees for any renewal by notice before the renewal date.

6.8 Cancellations. You may cancel effective at the end of the current Subscription Period unless otherwise required by law or clause 3.2.

6.9 Refunds. Except as required by law or clause 3.2, fees are non refundable once a Billing Cycle begins.

6.10 Taxes. Fees are exclusive of GST and other taxes. You are responsible for all applicable taxes except our income taxes.

7. Licence and acceptable use

7.1 Licence. While you have a Subscription we grant you a limited, non exclusive, non transferable, revocable licence to access and use the Services for your internal business purposes, subject to these Terms and plan limits.

7.2 Prohibited actions. You must not and must ensure Authorised Users do not:

a. use the Services in breach of law or third party rights including privacy and IP rights

b. upload sensitive personal data unless required and lawful and then only in accordance with our Privacy Policy

c. copy, frame, mirror, translate, adapt, or create derivative works of the Services except as permitted by law

d. reverse engineer or attempt to discover any source code or underlying algorithms except to the extent permitted by law

e. access the Services to build a competing product or service

f. use automation, bots, or scripts to interact with the Services or our APIs except where expressly permitted in writing

g. perform load testing, scraping, or activity that imposes unreasonable demand on our systems

h. attempt prompt injection, adversarial inputs, or any manipulation designed to bypass safety systems or alter intended model behaviour

i. upload malware, ransomware, time bombs, worms, or malicious code

j. transmit content that is defamatory, obscene, harassing, hateful, or otherwise unlawful

k. resell, rent, lease, sublicense, or share access with unauthorised third parties

l. use one agency account to serve multiple agency clients without provisioning separate client workspaces or accounts if required by your plan.

7.3 Breach of this clause may result in immediate suspension under clause 16.

7.4 We may apply technical limits, rate limits, or fair use caps to protect platform stability. You must comply with any communicated limits.

8. Artificial intelligence and model outputs

8.1 Third party models. Parts of the Services use AI models provided by third party providers. We integrate these models but do not create or control their training data or parameters.

8.2 Nature of outputs. AI outputs can be inaccurate, biased, non unique, unpredictable, and may include content that resembles material available elsewhere. The same or similar prompts by other users can yield similar or overlapping outputs.

8.3 Human oversight. You must implement meaningful human review, due diligence, and technical limits before using any output. You are solely responsible for how you use outputs.

8.4 IP status of outputs. We do not guarantee that any output is eligible for copyright or trade mark protection in any jurisdiction. We do not guarantee that any output will be free of third party rights.

8.5 Ownership between you and us. As between you and us, and to the extent permitted by law, you retain all rights in your prompts, instructions, and other input that you upload or provide to the Services. To the extent we have any right, title, or interest in the outputs generated for you, we assign to you all such right, title, and interest that we may have in those outputs. This assignment does not apply to outputs generated for other users or to model parameters, pre trained weights, or third party services.

8.6 Your responsibility for content. We are not responsible for verifying whether any output, content, or advertising you create with the Services infringes any third party rights or complies with any platform policy. You must ensure that your use of outputs is lawful, accurate, and compliant.

8.7 Any AI-generated templates, personas, voice models, or media uploaded or made public by you within Aftermark may be made accessible to other users of the Service. You grant Aftermark a perpetual, worldwide, royalty-free licence to use, reproduce, and make such assets available to other users within the platform. You may revoke this access by deleting or marking the asset as private.

9. Intellectual property

9.1 Our IP. We and our licensors own all intellectual property in the Services, including software, interfaces, databases, documentation, designs, trademarks, and look and feel. No rights are granted to you other than those expressly stated.

9.2 Your Input and Customer Content. You represent and warrant that you have and will maintain all rights necessary to provide your Input and to use any Output. You grant us a non exclusive, worldwide, royalty free licence to host, copy, process, and use your Input and Customer Content solely to provide and improve the Services and to meet legal or compliance obligations. You represent and warrant that you have all rights, licences, consents, and permissions necessary to provide the Input and to use, publish, and commercialise any Output, including any consents from individuals whose images, likeness, or personal information are included. To the extent moral rights exist in any Input you provide and can be consented to, you consent to acts or omissions by us that may otherwise infringe those moral rights solely for the purpose of providing the Services.

9.3 Feedback. You grant us a perpetual, irrevocable, worldwide, royalty free licence to use feedback and suggestions you provide without restriction and without any obligation to you.

9.4 ****In the relationship between you and Aftermark, and to the extent permitted by law, you retain ownership of all intellectual property rights (including copyright) in your Input and in any Output generated for you through the Services. Aftermark assigns to you all right, title, and interest (if any) that it may have in and to the Output created specifically for you. This assignment does not extend to any Output generated for other users, to any third-party content or data sets used to train or operate the Services, or to any pre-existing Aftermark intellectual property.

9.5 Due to the probabilistic and generative nature of artificial intelligence systems, the Output produced by the Services may not be unique. Other users may receive content that is identical or similar to your Output. You acknowledge and agree that any rights you hold in an Output are non-exclusive and limited to the instance generated for you, and that Aftermark provides no guarantee of originality or exclusivity.

9.6 Aftermark does not verify whether any Output or suggestion produced by the Services is free of third-party intellectual property rights. You are solely responsible for ensuring that any final product or published content created through or using the Services does not infringe copyright, trademark, privacy, moral, publicity, or other proprietary rights.

You must conduct your own due diligence, obtain any necessary permissions or licences, and ensure your use of any Output complies with applicable laws, platform policies, and advertising regulations.

9.7 The Services may provide access to stock images, “libraries” visuals, audio, video, or other creative materials (collectively, “Third-Party Assets”) for convenience.

• All Third-Party Assets are provided strictly “as is”, without any warranties as to ownership, accuracy, licence, or right of use.

• Aftermark does not claim ownership of these assets and cannot guarantee their copyright status.

• While these assets may be available for use within videos, campaigns, or other creative works generated on the platform, you are strongly advised to replace them with properly licensed material before using or publishing your content commercially.

• By incorporating any such assets into your published or distributed work, you assume full legal and financial responsibility for that use and agree to indemnify, defend, and hold harmless Aftermark, its officers, directors, employees, agents, and affiliates from any and all claims, damages, liabilities, losses, or expenses (including reasonable legal costs) arising from or related to your use of those assets.

• You agree not to redistribute, resell, licence, or otherwise make available any Third-Party Assets outside the Services. Aftermark reserves the right to remove access to any asset at any time without notice or liability.

• Aftermark may remove or replace any Third-Party Asset at any time without notice. You are responsible for keeping local copies of any projects that rely on such assets.

9.8 To the maximum extent permitted by law, Aftermark disclaims all liability for any Output that:

(a) infringes any intellectual property or proprietary rights;

(b) violates any applicable law, regulation, or platform policy; or

(c) causes reputational, commercial, or financial harm due to reliance on or publication of such Output.

You agree that you bear full responsibility for the use, modification, and dissemination of all Output created via the Services, and you release Aftermark from all liability arising from such use.

10. Third party services and platforms

10.1 Integrations. The Services may integrate with third party platforms such as social networks, ad platforms, analytics tools, ecommerce platforms, storage providers, and model providers.

10.2 Third party terms. You are responsible for complying with each third party platform’s policies, terms, and community standards.

10.3 No control. We do not control third party platforms and are not liable for any suspension, restriction, termination, data loss, outage, or change in those platforms.

10.4 Your accounts. You are solely responsible for creating, maintaining, and securing your accounts with third party platforms and for any consequences of their actions or policies.

10.5 When you connect third party accounts to the Services, you authorise us to act on your instructions to publish, manage, or delete content on your behalf. You may revoke such permissions through the third party’s security settings or within the Services at any time. You remain solely responsible for compliance with each platform’s terms, policies, and community standards.

11. Data, privacy, and security

11.1 Privacy. Our handling of personal information is described in our Privacy Policy which forms part of these Terms. You must only provide personal information that you are lawfully permitted to disclose to us.

11.2 Your Data. You remain responsible for the accuracy, quality, and legality of Your Data and how you acquired it. You are responsible for backing up Your Data.

11.3 Anonymised statistics. We may generate and use anonymised and aggregated statistics derived from Your Data and usage for analytics, quality, and product improvement. Such statistics will not identify you or your users.

11.4 Security. We implement reasonable technical and organisational measures designed to protect the Services. You acknowledge that no method of transmission or storage is completely secure and that you must maintain appropriate security on your systems.

11.5 Cross border processing. You authorise us to process and store data in Australia or other locations where we or our subprocessors operate, subject to applicable law.

11.6 We retain Your Data, account identifiers, project data, and generated content for as long as reasonably necessary to operate the Services, comply with law, and improve performance. Backups are not guaranteed. You may request account deletion by emailing hello@aftermark.ai. Once processed, we will permanently delete associated content and data within a reasonable period, except where retention is required for legal, accounting, or audit purposes.

11.7 ****We do not guarantee preservation or restoration of Your Data, projects, or outputs. You are responsible for keeping independent copies or backups of Your Data and any Output you wish to retain.

12. Confidential information

12.1 Each party may access confidential information of the other in connection with the Services. The receiving party must use the disclosing party’s confidential information only for the purpose of performing these Terms, protect it using reasonable safeguards, restrict access on a need to know basis to personnel and advisors who are bound by confidentiality obligations, and return or destroy it on request where legally and technically feasible.

12.2 Either party may disclose confidential information if required by law, court order, regulator, or stock exchange, provided reasonable notice is given where lawful.

12.3 We may disclose information to law enforcement, regulators, or courts when legally required or in response to valid legal process. Where lawful, we will provide you with notice before disclosure.

13. Disclaimers and limitation of liability

13.1 Services are provided as is and as available. To the maximum extent permitted by law, all warranties, guarantees, and conditions that are not expressly set out in these Terms are excluded, including implied warranties of merchantability, fitness for a particular purpose, and non infringement.

13.2 Without limiting clause 13.1, we do not warrant that the Services or any output will be accurate, complete, reliable, uninterrupted, secure, or free of errors, or that defects will be corrected.

13.3 To the maximum extent permitted by law, we are not liable for any loss arising from your computing environment, networks, devices, third party platforms, or any use of the Services by a person other than you or an Authorised User.

13.4 To the maximum extent permitted by law, neither party is liable for any consequential loss, special or indirect loss, loss of profits, revenue, goodwill, opportunity, or data, whether foreseeable or not.

13.5 To the maximum extent permitted by law, our aggregate liability for all claims arising out of or related to the Services in any 12 month period is limited to the total fees you paid to us for the Services giving rise to the claim in that 12 month period, or one thousand Australian dollars if you are on a free plan, whichever is greater.

13.6 Proportionate liability applies. A party’s liability is reduced to the extent the other party caused or contributed to the loss or failed to mitigate.

13.7 Nothing in these Terms excludes liability that cannot be excluded by law, including your Consumer Law Rights preserved by clause 15.

14. Your indemnities

14.1 You indemnify us and our related bodies corporate, directors, officers, employees, and contractors from and against all claims, losses, damages, costs, and expenses arising out of or in connection with:

a. your or an Authorised User’s breach of these Terms

b. your content, Input, or use of any Output

c. your breach of law or third party rights, including intellectual property and privacy rights

d. your breach of any third party platform terms.

14.2 This indemnity does not apply to the extent the loss was caused by our breach of these Terms.

15. Australian Consumer Law

15.1 If you are a consumer under the Australian Consumer Law, you may have non excludable guarantees. Nothing in these Terms excludes, restricts, or modifies those guarantees.

15.2 If the Services are not ordinarily acquired for personal, domestic, or household use, our liability for a failure to comply with a guarantee is limited at our option to resupplying the Services or paying the cost of having the Services resupplied.

16. Suspension and termination

16.1 We may suspend the Services immediately if we reasonably believe there is unauthorised access, suspected fraud, security risk, non payment, or a breach of clause 7. We will notify you and work with you to resolve the issue.

16.2 Either party may terminate for material breach that is not remedied within 14 days of notice.

16.3 Either party may terminate immediately if the other becomes insolvent.

16.4 On termination your licence ends and access to the Services will cease. We will retain Your Data to the extent required by law and for backup and archival purposes for a reasonable period.

16.5 Clauses that by their nature should survive termination will survive, including clauses 7 to 15, 18, and 20.

17. Support, availability, and downtime

17.1 We provide reasonable technical support during business hours stated on our website. You can contact us through in product chat or email.

17.2 Target response and resolution times are guidance only and are not guarantees.

17.3 We may perform scheduled or emergency maintenance. We will try to provide advance notice where reasonably possible.

17.4 The Services may depend on third party infrastructure. To the maximum extent permitted by law, we are not liable for downtime caused by third parties.

17.5 Failure to meet any target in this clause does not create a credit or refund right.

Support targets

Priority Critical. Response target 2 business hours. Resolution target 24 hours.

Priority High. Response target 1 business day. Resolution target 2 business days.

Priority Medium. Response target 1 business day. Resolution target 5 business days.

Priority Low. Response target 3 business days. No resolution target.

18. Publicity

18.1 With your prior written consent, we may identify you as a customer and display your name and logo on our website and in marketing materials. You may withdraw consent at any time by written notice and we will remove references within a reasonable period.

19. Force majeure

19.1 Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, pandemic, strikes, embargoes, internet or cloud provider failures, or acts of government.

19.2 The affected party must notify the other, use reasonable efforts to mitigate, and resume performance as soon as practicable. If a force majeure event continues for 30 days, either party may terminate on written notice.

20. Dispute resolution

20.1 Before starting court proceedings, the parties must meet in good faith to try to resolve any dispute within 14 days of a written notice of dispute.

20.2 If not resolved, the parties will attempt mediation administered by the Australian Disputes Centre in Sydney, New South Wales. Each party will bear its own costs and share the mediator’s fees equally.

20.3 Nothing prevents either party from seeking urgent injunctive or equitable relief.

21. General

21.1 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms by notice, including to a related body corporate or in connection with a merger, sale, or reorganisation.

21.2 Notices. We may provide notices by email to the address on your account or by in product message. You may provide notices to legal@aftermark.ai. Notices are deemed received 24 hours after sending unless a delivery failure notice is received.

21.3 Entire agreement. These Terms, any order or plan description, and the Privacy Policy form the entire agreement and supersede all prior agreements on the same subject.

21.4 Severance. If any provision is held invalid or unenforceable, it will be severed and the remaining provisions will continue in full force.

21.5 Waiver. A failure to enforce a right is not a waiver of that right.

21.6 Governing law and venue. These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them.

22. Definitions

Authorised User means an individual you authorise to access the Services under your account.

Billing Cycle means the periodic interval at which fees are billed, for example monthly or yearly.

Consumer Law Rights means rights and remedies under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 Cth.

Customer Content means your Input together with any Output you choose to use or store.

Force Majeure Event means an event outside a party’s reasonable control including natural disaster, pandemic, government action, war, terrorism, civil unrest, strikes, failures of internet or cloud providers, or acts of third parties.

Input means prompts, instructions, data, text, images, audio, video, files, and other materials you or an Authorised User submit to or through the Services.

Output means content the Services generate in response to your Input, including text, images, audio, video, and structured data.

Privacy Policy means our privacy policy available on our website as updated from time to time.

Services means the Aftermark platform and all related online services, software, integrations, documentation, and support that we provide to you under these Terms.

Subscription means your paid plan for access to the Services and its features and limits.

Subscription Fees means the amounts payable for your Subscription and any add ons.

Subscription Period means the fixed duration of your Subscription, for example monthly or yearly.

Your Data means all data and content that you or your Authorised Users provide to the Services, including Input and Customer Content, but excluding anonymised statistics and our IP.

23. Copyright complaints and takedown

23.1 If you believe content available through the Services infringes your copyright, email

hello@aftermark.ai with: your contact details, identification of the work claimed to be infringed, the location of the allegedly infringing material, a statement that you have a good faith belief that use is not authorised, and a statement that the information is accurate and you are the owner or authorised to act.

23.2 We may remove or disable access to material alleged to infringe and may terminate repeat infringers. We may forward your notice to the user who provided the material.

Schedule A. AI specific responsibilities and safeguards

A1. Pre publication review. You must put in place human review of any Output before use, publication, or distribution.

A2. Compliance checks. You are responsible for ensuring all content you publish complies with applicable laws, industry standards, platform rules, advertising policies, and disclosure requirements.

A3. Rights clearance. You must conduct rights clearance where required, including for third party images, likeness, trademarks, and music.

A4. Safety. You must not use the Services to generate illegal content or to intentionally evade platform or model safety systems.

A5. Record keeping. Maintain records of prompts, post processing edits, and publication decisions sufficient to evidence your compliance.

A6. Platform policies. You must comply with policies of each third party platform on which any Output is distributed.

Schedule B. Service levels and support

B1. Service hours. Standard support is available during Australian business hours as posted on our website.

B2. Targets. Response and resolution targets are set out in clause 17 and are guidance only.

B3. Exclusions. Service levels do not apply during preview or beta features, force majeure events, failures caused by your environment or third party platforms, or where you do not follow our reasonable directions.

B4. Downtime notice. We will use best efforts to provide advance notice of planned maintenance windows.

By creating an account, paying fees, or using the Services you agree to these Terms.