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Licensing Agreement

END USER LICENSE AGREEMENT

AIM CLOUD BASED MINISTRY SERVICE

PLEASE CAREFULLY REVIEW THE FOLLOWING END USER LICENSE AGREEMENT AIM CLOUD BASED MINISTRY SERVICE AND ANY AND ALL TERMS OF USE THAT REFERENCE THIS AGREEMENT (“AGREEMENT”). THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN SUBSCRIBER AND AIM (AS DEFINED BELOW) THIS AGREEMENT EXPRESSLY INCORPORATES ANY AND ALL TERMS OF USE THAT REFERENCE THIS AGREEMENT. THIS AGREEMENT GOVERNS ALL USE OF THE AIM CLOUD BASED MINISTRY SERVICE RANGE OF SERVICES, SOFTWARE AND ANY ASSOCIATED DOCUMENTATION, BOTH ONLINE AND OFFLINE.

BY CLICKING ‘I AGREE’ OR DOWNLOADING, OR OTHERWISE USING THE SOFTWARE OR SERVICES, SUBSCRIBER CONSENTS TO ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. IF SUBSCRIBER DOES NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP USING THE SERVICES AND / OR SOFTWARE, RETURN, DELETE OR DESTROY ANY AND ALL COPIES OF THE SOFTWARE SUBSCRIBER MAY HAVE.

IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND ANY TERMS OF USE, THE TERMS OF THIS AGREEMENT SHALL PREVAIL AND CONTROL.

AIM may modify the terms of this Agreement from time to time and shall post the most up to date version of this Agreement at www.aiministry.com, it is Subscriber’s responsibility to check and stay informed of any changes. Subscribers continued use of the Services following modification to the Services or this Agreement constitutes Subscriber’s consent to be bound by the modified Agreement.

1.            DEFINITIONS.

"Account" means the account located upon the Infrastructure, created and maintained by Subscriber in order to access the Services.

"Device" means Windows® or non- Windows servers, workstations, computers or any mobile devices upon which or through which the Services are used and / or installed.

"AIM" means Dale Smith Ministry, Inc, an Alabama corporation if the Service is sold to a Subscriber in North America provided that the companies shall at all times only be severally liable for any obligations under this Agreement.

"AIM Agents" means the affiliated entities within Dale Smith Ministry, Inc., its employees and third party suppliers and licensors.

"Infrastructure" means the technical systems, hardware and all connected devices of AIM or its third party suppliers.

"Virus or Malware" means programming or software code designed to damage, destroy or otherwise interfere with programs, software, and/or devices, not limited to: Trojans; any Windows temporary files of any kind (including, without limitation, any *.p or ~*.* files); worms, and / or corrupted files.

"Order" means the agreement to purchase Services as between Subscriber and AIM or Subscriber and / or authorized reseller of AIM.

"Services" means the various services and components thereof, the Software, any documentation both on and offline, as well as any modifications, derivatives, updates or upgrades as may be offered by AIM from time to time, and which are subscribed to by the Subscriber via a Subscription. A Subscriber may choose to subscribe to one or more Services under his or her Subscription as may be offered by AIM from time to time.

"Software" means any downloadable client software, if any, which is provided solely for the purpose of accessing the Services.

"Subscriber" means an individual or entity (including that entities parent or affiliated companies) to which Services are provided by and as agreed to by AIM.

"Subscription" means the non-exclusive, nontransferable right to use the Services, as ordered by Subscriber, subject to the terms of this Agreement and the full and timely payment of the Subscription Fees.

"Subscription Fees" means the fees payable in respect of an Order.

2.            SUBSCRIPTION. Subject to the terms and conditions of this Agreement, Subscriber may use the Services only in accordance with any written communication by AIM to Subscriber, including any then-current product documentation as posted on www.aiministry.com from time to time. AIM shall make commercially reasonable efforts to provide the Services to Subscriber. This Agreement applies to the Subscriber that uses the Services or that installs, otherwise uses or permits the installation of the Software on one or more Devices as owned, operated or overseen by them to facilitate the provision of monitoring, reporting, or any other services provided to Subscriber by AIM. Throughout the Subscription Period, unless terminated in accordance with the terms herein, AIM grants Subscriber the following rights only if Subscriber complies with all of the terms of this Agreement.

The Subscription begins at the time the Subscriber’s Subscription is activated by AIM(other than on a trial basis) and thereafter continues in effect until the date of termination as set forth hereinafter. A Subscription may terminate in whole or in part, due to (i) Subscriber’s cancellation, or breach of any of terms of this Agreement – including non-payment of any Fees when due; or (ii) upon expiration of the respective Service term subscribed to by Subscriber in the relevant Service Order and non-renewal of such Service. Subscription Fees are non- refundable if Subscriber cancels or the Subscription is terminated for cause. As of the effective date of cancellation or termination and the expiration of a period of 14 days thereafter, Subscriber shall no longer be able and shall have no further right to access or use the particular Services which have been cancelled or terminated. All licenses granted hereunder shall be term licenses for the term set forth in the relevant Service Order. (iii) We reserve the right to withdraw the free service in the future. We will give you suitable notice of this if we do.

3.            GRANT OF RIGHT OF USE. The Software is licensed and not sold. During a Subscription Period and subject to the due payment by Subscriber and receipt by AIM of all due and payable Subscription Fees, AIM grants Subscriber a revocable, limited, non-transferable, non-exclusive license to access the AIM CLOUD BASED MINISTRY SERVICE and use the Software pursuant to the terms of this Agreement.

4.            ACCOUNT: SECURITY. AIM respects your privacy and the terms of AIM’s Privacy Policy can be found at www.AIMinistry.com/privacy.To access and use the Services, Subscriber must create an account that is protected by a username and password (“Account”) and Subscriber must keep any passwords and other Account details secret. Subscriber agrees to provide AIM with accurate and complete information when registering for an Account and at all times thereafter. AIM must be promptly notified if changes to Subscriber’s information occur.

Subscriber acknowledges and agrees that it is responsible for providing the following: (i) all equipment, such as a computer and modem, necessary to access the Internet; (ii) its own access to the Internet; and (iii) payment of all telephone or other fees associated with such access.

Subscriber is solely responsible for access to, content in or sharing and use of its Account. AIM shall not be liable for any loss or damage arising from any access to, or sharing and use of Subscriber’s Account. In the event that Subscriber believes or suspects there has been any unauthorized access to the Account, Subscriber must notify AIM immediately by email to This email address is being protected from spambots. You need JavaScript enabled to view it..">This email address is being protected from spambots. You need JavaScript enabled to view it..

5.            SUPPORT.  During a Subscription Period, AIM will provide Subscriber with the support described in this paragraph (“Support”) on a local office hour’s basis. In AIM’s sole determination, Support shall consist of: (i) telephone or electronic support to Subscriber in order to help Subscriber locate and, on Subscriber own, correct problems with the Services and / or (ii) supplying extensions, enhancements and other changes that AIM may make to the Services from time to time and which is made publicly available, without additional charge, to other Subscribers of the Services that are enrolled in Support.

6.            SUBSCRIBER’S CONDUCT; CONTENT OF DATA. Subscriber must comply at all times with any and all applicable local, state, federal international laws and treaties laws.

Subscriber warrants that it has obtained sufficient consent and rights (i) to access any third party’s or End User’s systems or networks, and (ii) access, use and store all data and files on the Infrastructure or otherwise use via the Services such data and information. AIM reserves the right, with or without notice to you, to remove any data and files from its Infrastructure that AIM in its sole discretion believes or suspects is: (a) Virus or Malware; (b) is illegal, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene; (c) is used for the purpose of spamming, chain letters or the use or dissemination of objectionable material of any kind or nature(c) is used in such a manner as to cause offense, defame or harass; or (d) infringes the intellectual property rights or any other rights of any third party.

7.            CONSENT TO USE DATA. Subscriber’s privacy is important to AIM and AIM shall abide by its Privacy Policy, which can be found at www.Aiministry.com/privacy.However, AIM reserves, in its sole discretion, the right to (i) monitor and access the Account and / or remove any data or content of data or files stored on its Infrastructure, and (ii) suspend or terminate the Account and / or Subscriber’s access to the Services in the event that AIM believes or suspects that any of the terms of the preceding paragraph or any of the terms of this Agreement have been breached or contravened.

AIM and the AIM Agents collect, process and use your data for the implementation and processing of the contractual relationship with you, in particular for successfully providing the Services to you. Beyond that, your data will not be used without your prior consent, in particular not for advertising purposes. Non-personal data may be collected automatically to offer you first-class service, especially to facilitate and improve the provision of software updates, Support, Content and other services to Subscriber.

8.            DATA PROTECTION. Each party shall comply with its respective obligations under applicable data protection laws (“DPL”). Neither party shall do any act that puts the other party in breach of its obligations as per this Section, nor shall anything in this Agreement be deemed to prevent any party from taking any action it reasonably deems necessary to comply with DPL. Subscriber agrees that during the course of this Agreement: (i) in respect of data Subscriber collects, accesses or otherwise uses, Subscriber alone shall determine the purposes for which and the manner in which personal data is, or will be, processed; (ii) Subscriber is the data controller in respect of all personal data Subscriber may process; and (iii) Subscriber consents and, in the event Subscriber processes any third party data, has obtained the consent from such third party, to send its personal data to AIM. AIM undertakes to procure that if the if the Services are accessed or used within the USA such data shall be retained in the USA, whereas if the Services are accessed or used within member states of the European Union, such data shall be retained in a member state of the European Union. AIM agrees that, with Subscriber’s express consent, it is the data processor in respect of the personal data processed as provided by Subscriber. Subscriber warrants and undertakes that any instructions given by Subscriber to AIM will at all times be in accordance with the requirements of DPL. Subscriber shall fully indemnify AIM against any loss, damages, liability and costs (including attorney’s’ fees) incurred by AIM as a result of any breach of DPL by Subscriber.

AIM shall comply with requests for information from legitimate judicial, legal or regulatory authorities or pursuant to any court order or a subpoena, discovery request or other lawful process that AIM receives. AIM may comply with these subpoenas or court orders with or without notice to Subscriber.

9.            RESTRICTIONS. Except as otherwise expressly provided under this Agreement, Subscriber shall have no right and Subscriber shall not permit any third party to: (i) harm, disrupt or otherwise engage in activity that diminishes the AIM brand, Services, or Infrastructure; (ii) use the Services in a manner that results in excessive bandwidth or storage or exceeds the Permitted Usage, as solely determined by AIM, (iii) transfer, assign or sublicense the limited rights granted to Subscriber in this Agreement to any other person, or entity, or use the Services other than as authorized; any such attempted transfer, assignment, sublicense or unauthorized use shall be void; (iv) make error corrections to or otherwise modify or adapt the Services or decompile, decrypt, disassemble, reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Services or of any files contained or generated using the Services by any means whatsoever or otherwise reduce the Services to human-readable form, except to the minimum extent expressly permitted under applicable law notwithstanding this restriction; (v) use or permit the Services to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of AIM; or (vi) attempt to alter, circumvent or provide the method or means to circumvent any disabling mechanism in the Services; or (vii) use the Services in any manner not expressly authorized herein; or (viii) alter, remove or fail to reproduce any proprietary notices from the Services; or (ix) misrepresent any person or entities’ identity, impersonate any person or attempt to gain access to any Account, the Infrastructure or the networks or property of any third person, without authorization.

10. SERVICE UPDATES. Some Services require, for optimum use and AIM may provide to Subscriber, in a number of formats (feeds, definition files etc.), content that is automatically synchronized or updated from time to time with AIM’s servers or systems (“Content”). Such content may be provided for a limited time, from time to time, in accordance with an applicable Service. Subscriber consents that the respective Service will automatically contact AIM to receive Content and, in addition, if and when any of the following events occur: (i) the Service is successfully installed by Subscriber; (ii) Subscriber fails to install the Service successfully; (iii) the Service has been successfully configured and / or (v) the Service is uninstalled. Subscriber acknowledges and consents that any data collected may be sent to any AIM office or AIM Agent for processing in locations, depending on location of Subscriber, throughout the USA or the European Union in accordance with the provisions of section 8.You may be required to download Software and the Services may automatically update the Software installed on any Device when a new version is available.

11. INTELLECTUAL PROPERTY RIGHTS: The Services are protected by world-wide copyright, trademark, patent and other intellectual property laws and treaties and belong to AIM, its licensors and any applicable AIM Agent. Subscriber acknowledges that (i) rights in the Services are licensed (not sold) to Subscriber, and (ii) that Subscribers hall have no rights or title in, or to, the Services other than the right to use them in accordance with the terms of this Agreement and (iii) Open Source and / or third-party software may be incorporated into the Services. AIM, its licensors and any applicable third parties, own all title, copyright, and other intellectual property rights in and to the Services. The Services, in all formats existing, are a trade secret of and proprietary to AIM, its suppliers and / or licensors, including but not limited to, the specific internal code, design and structure of individual programs and software, the display and associated interface information. Subscriber shall not disclose the confidential aspects of the Services to third parties.

12.          BETA TESTING. Beta versions of Services may be provided to Subscriber. If and to the extent such beta versions are provided to Subscriber, they are provided without warranty of any kind, “AS IS” and subject to the Confidentiality conditions above. Such provision is done only for the purpose of assisting AIM with testing functionality or compatibility and on the express condition that Subscriber provides AIM with truthful, accurate and complete feedback, comments, and analysis in whatever format Subscriber may wish (“Contribution”).Subscriber expressly acknowledges that Subscriber participation in any beta testing is undertaken by Subscriber on a volunteer basis and that Subscriber shall have no right in the beta Services or Contribution, whether in original form (as provided to Subscriber) or in respect of any derivative work (whether or not based upon, in whole or in part, on any participation or feedback Subscriber may make).Notwithstanding the foregoing, Subscriber agrees to grant to AIM a royalty – free, perpetual, transferable license to commercially use and sub-license in AIM’s sole discretion, any and all Contributions.

13.          DISCLAIMER OF WARRANTIES.   THE SERVICES ARE PROVIDED TO SUBSCRIBERON AN “AS IS” AND “AS IS AVAILIBALE” BASIS.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WARRANTY AND THE REMEDIES HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMIEDIES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WARRANTIES FOR LATENT OR HIDDEN DEFECTS.AIM DOES NOT WARRANT THAT THE SPECIFICATIONS OR FUNCTIONS CONTAINED IN THE SERVICESWILL MEET SUBSCRIBER’S REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICESWILL BE CORRECTED. FURTHERMORE, AIM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES PROVIDED IN RESPECT OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF THIS EXCLUSION IS NOT PERMITTED BY LAW, AIM LIMITS ANY EXPRESS,STATUTORY OR IMPLIED WARRANTIES AS TO DURATION TO THE EXTENT OF THIS LIMITED WARRANTY AND THE REPAIR OR REPLACEMENT REMEDY AS DETERMINED BY AIM IN ITS SOLE DISCRETION.

14.          LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIM OR THE AIM AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, UNDER ANY THEORY OF LAW OR FAULT OF AIM OR ANY OF THE AIM AGENTS, AND EVEN IF AIM OR ANY OF THE AIM AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THIS LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS.AIM EXLCUDES ANY LIABILITY FOR FAILURE TO REPAIR ANY SERVICES. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY THAT AIM SHALL INCUR HEREUNDER SHALL BE LIMITED TO THE ACTUAL PRICE PAID BY SUBSCRIBER FOR THE RESPECTIVE SERVICE FOR THE TWELVE MONTHPERIOD PRIOR TO THE DATE WHEN THE APPLICABLE CLAIM AROSE.

15.          INDEMNIFICATION.  Subscriber agrees to indemnify, defend, and hold AIM and the AIM Agents, harmless from and against any and all damages, fines, penalties, assessments, liabilities, losses, costs and expenses (including attorneys’ fees, expert fees and out-of-pocket expenses) in connection with(i) Subscriber’s use of the Services, (ii) Subscriber’s violation of the terms of this Agreement, (iii) Subscriber’s violation of any third-party rights, including any intellectual property rights, (iv) Subscriber’s misuse or fraudulent use of credit and debit cards, (v) any claims that the Services or any party thereof were exported or otherwise shipped or transported by Subscriber in violation of applicable laws, rules and regulations, or (vi) any claim of misuse of the Services, including but not limited to any claim that Subscriber is storing illegal files or data in its Account.

16.          EFFECT OF TERMINATION. Without prejudice to any other rights, AIM may suspend or terminate, in part or in whole, without notice, Subscriber’s use of the Services and this Agreement if Subscriber does not abide by its terms, in which case Subscriber must cease all use of the Services, destroy all copies (including any components) of the Services, or, at AIM’s request, return such copies to AIM. Sections 5, 6, 8, 9, 11, 15, 16, 17, 19 and 25 shall survive any termination of this Agreement.

17.          ENTIRE AGREEMENT. This Agreement(as may be amended by time to time) is the entire agreement between Subscriber and AIM relating to the Services and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Services or Support services. To the extent the terms of any AIM Terms of Use, policies or programs conflict with the terms of this Agreement, the terms of this Agreement shall prevail and control. In addition, the terms set out in this Agreement shall prevail and control over any and all additional or conflicting terms or provisions contained in any document of Subscriber’s, whether set out in a purchase order or alternative license, and any and all such additional or conflicting terms shall be void and shall have no effect. If this License is translated into a language other than English and there are conflicts between the translations, the English version shall prevail and control.

18.          GOVERNING LAW. (a) If Subscriber purchased the Services in or are habitually resident within the USA, South America or Canada, this Agreement shall be governed by, subject to and construed in accordance with the laws of the State of Alabama, excluding its conflict of law’s provisions and the parties unconditionally and irrevocably consent to the exclusive jurisdiction of the courts located in New York, or (b) If Subscriber purchased the Services in or is habitually resident elsewhere, this Agreement shall be governed by, and construed in accordance with, the laws of England and Wales and the parties unconditionally and irrevocably consent to the exclusive jurisdiction of the courts located in England, and the parties waive any objection with respect thereto, for the purpose of any action, suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

19.          PUBLICITY. Subscriber agrees that AIM may refer to the name of Subscriber corporation as a customer of AIM, both internally and in externally published media; any additional disclosure by AIM with respect to Subscriber or Subscriber company shall be subject to Subscriber’s prior written consent.

20.          EXPORT CONTROLS. Subscriber agrees that the Services will not be used, shipped, transferred or exported into any country or to anyone: (i) which the EU or UN has embargoed goods; (ii) where the national legislation of the relevant EU Member State has embargoed goods; (iii) listed in any enacted Common Position on restrictive measures imposed by the EU; (iv) on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (v) in any manner prohibited by the EU Common Foreign and Security Policy, the United States Export Administration Act, or any other export laws or regulations. By using the Services, Subscriber represent that Subscriber is not located in, under the control of, or a national or resident of any such country or on any such list and Subscriber takes full and sole responsibility for such use.

21.          TAXES.  Any sales, use, value added or other taxes (including applicable withholding taxes), shall be borne by the Subscriber. Accordingly, Subscriber shall pay or (if paid by AIM) reimburse AIM for all such taxes based on this License or any fees payable hereunder (but not any taxes based upon AIM's revenues or income), together with any interest on such taxes if not due to AIM's delay.

22.          MISCELLANEOUS. The delay or failure of either party to exercise any right provided in this Agreement shall not be deemed a waiver. This Agreement: (i) may not be amended by Subscriber, but AIM may amend this Agreement from time to time and shall post any amended Agreement on its website at www.AIM.com, (ii) constitutes the entire understanding between the parties with respect to the subject matter of this Agreement and supersedes all written and oral prior agreements, negotiations and discussions between the parties relating to it, and (iii) is for the sole benefit of AIM and Subscriber and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. If any provision of this Agreement shall be held to be illegal, void or unenforceable by any court of competent jurisdiction or arbitral tribunal, such provision shall be of no force and effect and shall not impair the enforceability of any other provision of this Agreement and the parties agree that the relevant provision shall be deemed replaced by such provision which is binding and enforceable and which differs as little as possible from the non-binding and/or non-enforceable provision, taking into effect the object and purpose of this Agreement. The remedies of the parties under this Agreement are cumulative and will not exclude any other remedies to which the respective party may be lawfully entitled. All notices must be in writing and shall be mailed by registered or certified mail (effective on the third day following the date of mailing), or sent via email to This email address is being protected from spambots. You need JavaScript enabled to view it. (with evidence of effective transmission). All notices must be addressed to AIM Legal Department, Dale Smith Ministry, Inc., 819 Jefferson Ave., Anniston, AL 36207. Subscriber may not assign, pledge or otherwise transfer this agreement, nor any rights or obligations hereunder in whole or in part to any entity. Paragraph headings are for convenience and shall have no effect on interpretation.