Terms and Privacy
Terms of Service
Aiir is a content delivery platform for radio stations to manage websites, mobile applications, audio streams, mass email correspondence, SMS services and integration with select third party tools and APIs (the “Service”). Aiir.com (the “Website”) is a site operated by Aiir Inc, a Delaware company, registered to do business in New York, whose principal place of business is at 244 5th Ave #200, New York, NY 10001. Aiir Ltd is our UK company and whose address is The Beehive Mill, Jersey St, Manchester M4 6JG. In these terms the terms “Aiir”, “we”, “us” or “our” are used to refer to the appropriate Aiir entity that you have contracted with. All customers in the European Economic Area (EEA) contract with Aiir Ltd with customers in the USA and the rest of the World contracting with Aiir Inc.
We want to make being an Aiir user the best experience it can be. The terms of using our Service are set out with this in mind and if you have any queries, please contact us.
PLEASE READ THESE TERMS CAREFULLY AS THEY CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND AIIR. BY ACCESSING THE WEBSITE OR USING THE SERVICE IN ANY MANNER, YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS, WHICH MAY BE AMENDED BY AIIR FROM TIME TO TIME, IN ITS SOLE DISCRETION, AS SET FORTH BELOW. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, INCLUDING AS AMENDED OR SUPPLEMENTED BY AIIR, THEN YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE AND THE SERVICE.
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Website. When using our Website, you must comply with this Acceptable Use Policy.
Eligibility: You represent and warrant that you are at least the age of majority in the jurisdiction where you are located and fully able, competent and authorized to enter into and be bound by these Terms. If you are using the Website or accepting the Services on behalf of a company, entity or organization such as a terrestrial radio station, (collectively "Service User"), then you represent and warrant that you: (1) are an authorized representative of that Service User with the authority to bind such organization to these Terms and (2) agree to be bound by these Terms on behalf of such Service User.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
Your personal details: Please note that whilst your email is primarily used for billing purposes, Aiir reserves the right to email you information about enhancements to our systems and product offerings. You can unsubscribe from marketing emails by clicking the relevant link located at the bottom of each email. We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and contact information to third parties that Aiir may use for the purposes of delivering specific services to you (e.g. User support).
5. ACCESSING OUR SITE
Our Website is made available free of charge. You are responsible for making all arrangements necessary for you to have access to our Website. Aiir reserves the right to refuse service and/or access to its servers and/or Services to anyone. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We do not guarantee that our Website, or any content on it, will be free from errors or omissions. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice for any reason, including but not limited to, for breach of any provision of these Terms, or of any applicable law or regulation. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. In the event we do terminate your access to the Website, you agree to immediately stop using the Website and the Aiir Service. This shall not limit our right to take any other actions against you that we consider appropriate to defend our rights or those of any other person.
6. SERVICE LEVEL AGREEMENT
Connectivity: Aiir aim to deliver the highest possible levels of up-time. If the availability of our services fails to meet the 99.9% up-time guarantee for your website, then you'll be eligible to claim a refund of one day's service for every hour that your website is unavailable which will be added to the end of your current contract. Please note: 99.9% uptime guarantee does not include:
- Critical unscheduled maintenance.
- Loss of service in the case of but not limited to natural disasters or periods of unpredictable weather causing damage to connections outside of our control.
- Loss of service due to the failure of service provided by third party companies such as but not limited to Internet Service Providers and Domain Registrars.
Support: Aiir will endeavour to provide a continuous high quality service. If you experience problems with your service, you should check for service notices in the Service. Should you fail to find a resolution then you should contact us direct. Telephone support is available Monday to Friday 9:00am - 5:30pm GMT/BST and 9:00am - 5:30pm ET. Support tickets submitted through the Service will be responded to within 24 hours. You will receive email notifications to the address associated with your account.
Service suspension: Please note we may suspend some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime is available in the Service, or at aiirsupport.com, as are details of any interruptions to our services.
Reselling of Services: Reselling of services under any circumstances is not permitted. Access to the Service should only be permitted to authorized members of staff.
Unlimited Use Policy: High bandwidth usage: Aiir offers an unlimited use policy by maintaining very large ratios of bandwidth per User. In rare cases, Aiir may find a User to be using server resources to such an extent that he or she may jeopardize service performance and resources for other Users. In such instances, which are at Aiir's discretion, Aiir reserves the right to impose the High Resource User Policy for the consideration of all Users.
High Resource User Policy: Resources are defined as bandwidth, processor utilization or disk space. Aiir may implement the following policy to its sole discretion: When the resources utilized by a User in using a service are abnormally high or deemed that they may cause damage to our server or other servers to other Users, Aiir will contact you to advise of any changes to be made, however in the unlikely event that no contact can be made, temporary suspension of your services may be necessary. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Users may be offered an option whereby Aiir continues supplying the service under a reduced usage criteria specified by Aiir. Failure to comply with such measures may result in your service being terminated.
Free services: Aiir reserves the right to discontinue and/or temporarily suspend any free service provided without notice. Aiir may re-introduce these and/or other products at any time and reserve the right to charge additional fees.
Payment policies: All accounts are set up on a prepay basis. Although Aiir reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 1, 14, 31 or 365 days, from the date the account was established. Fees charged on a prepay basis are non-refundable. The User is responsible for all monies owed on the account from the time it was established to the end of the relevant prepay period subject to the User sending a written cancellation request prior to any renewal period. Once the initial trial period has expired Users are not entitled to receive a refund unless the service is cancelled by Aiir as set out below. In addition some accounts incur set-up fees, these charges are also non-refundable.
Invoices: All invoices will be sent directly to Users via email (not by regular mail) and Users must pay the invoice within 14 days (unless otherwise agreed) including weekends and bank holidays. All payments are to be made in USD, GBP or CAD depending on your location and invoice type. Any non-payment of a recurring invoice may be subject to administration charges. If charges relating to your account are outstanding for a period greater than 10 working days after your payment date, your access to the Service may be suspended until a full payment has been received. NON PAYMENT accounts will be handed over to a debt collection agency and we will inform credit reference agencies.
Payment options: Credit Card, Bank Transfer or PayPal. Aiir cannot guarantee that a service will be provided until after any funds have been cleared. We no longer accept payments by check.
Credit cards: In situations where the card number on file is declined, Aiir will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Aiir reserves the right to suspend other services until the outstanding debt is cleared.
Automatic Renewal: Users will automatically be charged again at the end of the relevant prepay period unless confirmation of a notice to cancel the account has been sent by the User to and received by Aiir at least one month prior to the expiration of the relevant current pre-pay period.
Cancellation Notice: Users may cancel their account at least one month before the end of their current contract by giving written notice to Aiir. This written notice must be sent via registered post to our office. Proof of delivery is required. If a written cancellation notice is not received one month before the account/contract expiry date, the contract will be automatically extended by 12 months or the original contract length whichever is greater.
Cancellation and refunds by Aiir: Aiir reserves the right to cancel the Service at any time. In this event Users will be entitled to a pro rata refund based upon the remaining period of membership. If a User contravenes Aiir's terms of service a refund will not be issued in the event of a cancellation.
8. USER CONTENT - UPLOADED
Permitted: Aiir allow certain types of images, text documents, audio, Adobe Flash, PDF and Powerpoint files. If Aiir grants FTP access to the user, the terms of the access will be determined by Aiir. Aiir reserves the right to change those terms and restrict access at any time without notice.
Restrictions: Aiir: (i) reserves the right to restrict any file types, to add further types, or remove permitted types at any time; and (ii) restricts (a) the types of files that can be uploaded to Media Manager in the Service: (b) the number of uploads that can occur at once, and (c) the total size of files in one queue; and (d) the amount of space a User can use in Media Manager which limitation is imposed automatically and cannot be exceeded (a warning will be displayed in Media Manager should the User approach the limit and if the limit is reached, further uploading will be suspended until usage returns inside the limit); and (iii) prohibits Users from uploading executable files, or files which risk the security or stability of the service.
Reservations and Rights: In order to improve the efficiency of our Services and the performance of our web servers Aiir reserves the right to: (i) edit, manipulate, compress and/or resize uploaded content; (ii) move uploaded content to a different server with no previous notice; (iii) copy uploaded content to a third party server with no previous notice; and (iv) deliver the content direct from the third party's servers.
9. WEBSITE USE and USER WARRANTIES:
10. CUSTOMER DATA
For the purposes of this clause 10 the following words and phrases shall have the following meanings:
“Customer Data” means all personal data relating to you and your listeners that may be processed by Aiir during the performance of the Services including information that you collect regarding your listeners using the Service;
“data processor”, “data controller”, “personal data” shall all have the meanings given to them in GDPR “GDPR”; and
Regulation (EU) 2016/679 (General Data Protection Regulation)
Where you are based in the EEA, we will not (without your prior written consent):
host the Customer Data on servers located outside the European Economic Area (EEA); or
transfer or permit the transfer of any part of the Customer Data to any territory outside the EEA
provided always that you may access the Customer Data from and transfer the Customer Data to anywhere in the World, and data transferred out of the Service, including SMS messages, utilise third party systems and networks that the Company does not control and may be processed outside of the EEA. You are responsible for determining what Customer Data you transfer from the Service in this way and ensuring compliance with Data Protection Laws.
For the purposes of the GDPR you are the Data Controller in respect of the Customer Data and warrant to Aiir that you comply in all respects with all applicable laws and regulations in respect of your processing of the Customer Data. Aiir is a Data Processor and not a Data Controller in relation to the Customer Data. Due to the way in which the Service operates and your ability to control what personal data is collected we may not know what Customer Data is being processed.
Aiir will process the Customer Data in accordance with its obligations under GDPR and we:
- will only process the Customer Data in accordance with your instructions and in accordance with this Contract, except where otherwise required by applicable law in which case we will inform you of that legal requirement before processing, unless applicable law prevents us from doing so. You control what Customer Data is processed and how it is processed through its operation of the Service;
- will provide a copy or delete, at your request, the Customer Data held by Aiir;
- will (i) take reasonable steps to ensure the reliability of our personnel who have access to the Customer Data; (ii) ensure that only those personnel who need to have access to the Customer Data are granted such access only for the performance of the services to you under this agreement and are informed of the confidential nature of the Customer Data; (iii) procure that our personnel will comply with the terms of this agreement and the GDPR in relation to Customer Data;
- will, taking into account the state of technical development and the nature of processing, implement and maintain the technical and organisational measures described by Aiir in our then applicable security standards documentation to protect the Customer Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access. Copies of these documents are available from Aiir on request at any time. You acknowledge that such security measures are appropriate to protect the Customer Data from a data breach having taken into account the nature of the Customer Data that you use the Service to process, the harm that might result from a data breach, the state of technological development and the cost of implementing additional measures;
- will maintain a register of all sub-processors of the Customer Data that we may use which will be available to you on request. Where we wish to appoint any new sub-processor to process any part of the Customer Data we will first give written notice to you of the proposed new sub-processor. We will ensure that appropriate contractual and other measures are in place to protect the Customer Data processed by any sub-processor and shall remain liable to you for any such processing of the Customer Data;
- have developed tools within the Service to assist you in fulfilling your obligations to respond to requests from data subjects in accordance with GDPR;
- have developed the Service to assist our customers in complying with their obligations under GDPR and will, at your cost, provide such further reasonable assistance to you as you may request from time to time taking into account the nature of your processing of Customer Data, provided always that compliance with such laws remains your responsibility;
- shall on your reasonable request make available to you information to demonstrate our compliance with our obligations under GDPR and shall at your expense contribute to reasonable audits and inspections by you or on your behalf; and
- shall inform you if, in our opinion, any instruction from you infringes GDPR.
In the event that Aiir suspects or discovers a data breach, we will: a) promptly notify you; b) undertake an investigation to identify the cause, effect and impact of such data breach and the steps required to avoid, contain or mitigate the adverse impact of such data breach; and c) devise and implement a remedial plan to ensure the data breach does not re-occur.
11. OWNERSHIP; PROPRIETARY RIGHTS
The content made available by Aiir via the Website and the Service, including without limitation, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, text, scripts, photos, methods, sounds, music, animations, videos and the like and the trademarks, service marks, brand names, logos, contained therein (“Aiir Materials”) are owned by or licensed to Aiir. Aiir, on behalf of ourselves and our licensors, reserve all rights in and to such aforementioned Aiir Materials, which are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Aiir Materials are the property of Aiir or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names contained in the Aiir Materials are proprietary to Aiir or its affiliates and/or third-party licensors. Except as expressly authorized by Aiir, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Aiir Materials. Aiir reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Aiir Materials, except for the limited rights set forth in these Terms. Aiir Materials do not include your User Marks (as defined below) or any content included in your broadcasts. As between Aiir and User, Aiir or its licensors shall remain the sole and exclusive owner of all right, title and interest in and to the Service and related intellectual property rights and the products of such rights including, without limitation, any patents, patent applications, trademarks (whether registered or not), trade names and copyright in all territories. Neither this agreement, nor anything contained herein, shall be construed as a sale of the Service or any intellectual property right or title therein or thereto.
12. LICENSE TO USE SERVICE
Aiir hereby grants to User, and User hereby accepts, a non-exclusive, non-transferable limited license to access and use the Service and the Website. Aiir confirms that it has all the rights in relation to the Service and the Website that are necessary to grant all the rights hereunder, in accordance with, the terms of this agreement. All rights not specifically granted hereunder are reserved to Aiir and/or its licensors.
User may not: (i) directly or indirectly or by itself or through any other person or entity, use, rent, lease, sell, transfer (by sublicense, assignment or otherwise); or (ii) modify, reproduce, copy, make derivative works from, distribute, publish, or publicly display the Service and/or the Website; or (iii) use the Services and/or the Website, to act as a service bureau or application service provider, or to permit access to the Service by any third party; (iv) reverse engineer, decompile, or otherwise attempt to discover the source code for the Service.
13. LICENSE OF USER'S MARKS
User hereby grants Aiir a limited, non-sublicenseable, irrevocable, royalty free license, to display your trade marks and trade signs (“User’s Marks”) on the Website and to use User’s Marks solely with respect to marketing and advertising the Website and the Services, including in print, via the Internet, television, video and through any other distribution channels or media now known or hereafter developed or created. Aiir's use of User’s Marks is subject to the following conditions: (1) it will keep intact any of your proprietary notices; (2) it will comply with your trademark use guidelines as provided to Aiir in writing; (iii) it acknowledges that all goodwill generated through its use of User’s Marks will inure to the benefit of User; (4) it hereby assigns and agrees to assign to you any and all goodwill generated through its use of User’s Marks, without any payment or other consideration to it, and further agrees to take all actions necessary to effect such assignment; and (v) within six (6) months of notice to Aiir of the cancellation of your agreement with Aiir it shall cease using User’s Marks.
14. CONTENT DISCLAIMER
You understand that when using the Website you may be exposed to content from a variety of sources ("Third-Party Content"), and that Aiir is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. You further understand and acknowledge that you may be exposed to Third-Party Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Aiir with respect thereto. Aiir does not endorse any Third-Party Content on any App, including Third-Party Content in any broadcast. Under no circumstances will Aiir be liable in any way for or in connection with any Third-Party Content, including, but not limited to, for any inaccuracies, errors or omissions in any Third-Party Content, any intellectual property infringement with regard to any Third-Party Content, or for any loss or damage of any kind incurred as a result of the use of any Third-Party Content posted, electronically mailed or otherwise displayed or transmitted through the Website and or the Service.
Monitoring Users And Content: You understand that all Third-Party Content is the sole responsibility of the person from whom such Third-Party Content originated. This means that you, and not Aiir, are entirely responsible for your User Marks that you upload, post, e-mail, transmit or otherwise submit for use with the Services. Aiir does not control Third-Party Content posted by others and does not have any obligation to monitor Third-Party Content for any purpose. If at any time Aiir chooses, in its sole discretion, to monitor Third-Party Content, Aiir nonetheless assumes no responsibility for such Third-Party Content, no obligation to modify or remove any Third-Party Content, and no responsibility for the conduct of the User submitting any such Third-Party Content. You acknowledge that Aiir may or may not pre-screen Third-Party Content, but that Aiir and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Third Party Content that is available on the Website. Without limiting the foregoing, Aiir and its designees may, at any time and without prior notice, remove any Third-Party Content that Aiir considers in its sole discretion to violate these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Third-Party Content, including any reliance on the accuracy, completeness, usefulness or legality of such Third-Party Content.
Links To Other Websites: Aiir may provide links to other websites that may be of interest to you from time to time (via advertising or otherwise). You acknowledge that these links are provided for your ease of reference and convenience only. Aiir do not control such third party websites and our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators.
You agree to defend, indemnify, save and hold harmless Aiir and our directors, officers, employees, agents, representatives, affiliates, parents, subsidiaries, licensors, suppliers, service providers and other contractors (collectively, “Indemnified Parties”) from and against any and all claims, actions, demands, liabilities, losses, causes of action and other proceedings (“Claims”) that may arise or result from any service provided or performed or agreed to be performed or any product sold by User, its agents, employees or assigns relating to: i) any injury to person or property caused by any products sold or otherwise distributed in connection with your website via Aiir's server; (ii) any material supplied by User infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement; (iv) any defective products sold to User from your website via Aiir's server (we have no control over products sold on our server, via your website); (v) your breach of these Terms, including but not limited to any representation or warranty contained in these Terms; (vi) your access to or use of the Website and Aiir Services, including without limitation your or others’ access of content or other materials available by means of the Website and/or the Aiir Services, or third party websites, or your purchasing of goods or services from third parties; or (vii) your postings or provision to us of information or other data.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties (“Indemnified Claim”). You may not settle any Indemnified Claim without the prior written consent of the concerned Indemnified Parties. If we take legal action against you for any breach of these Terms and a court makes an award in our favor you will be responsible for all costs allowable by the courts (meaning legal costs which we incur, your own costs and any other costs ordered by the court).
16. DISCLAIMERS; NO WARRANTIES
16.1. Nothing in this agreement excludes the liability of Aiir: (a) for death or personal injury caused by Aiir's negligence; or (b) for fraud or fraudulent misrepresentation. Aiir do not accept any liability for loss or damage incurred by you or loss of data from your computer system that results from your: (i) negligence; (ii) breach of these Terms; or (iii) anything which is beyond Aiir’s reasonable control which prevents Aiir from fulfilling its obligations under these Terms and includes, but is not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
16.2. Access to the Website and/or the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. Aiir will not be responsible for any damages your business may suffer.
16.3. Aiir makes no warranties of any kind, expressed or implied for services we provide. Aiir will endeavor to back up all of your data stored on our servers every 48 hours, however in the unlikely event we have to restore a backup, changes made to your website since the last backup will not be recovered. Aiir cannot guarantee to be able to replace lost data. Aiir disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Aiir and its employees.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AIIR AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS WITH RESPECT TO THE WEBSITE, THE SERVICES, AND YOUR APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIIR OR THROUGH THE WEBSITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THE TERM AIIR INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES, AND SUBCONTRACTORS.
"As is" and "As available" and "With All Faults".
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE, THE SERVICE, AND YOUR APP IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICE AND YOUR APP, AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, THE SERVICE OR YOUR APP, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Platform Operation and Content.
AIIR, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE WEBSITE, THE SERVICE OR YOUR APP OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
AIIR, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, THE SERVICE, YOUR APP, ANY THIRD-PARTY ADVERTISING OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE AND/OR THE SERVICE AND/OR YOUR APP OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
TO THE EXTENT PERMITTED BY LAW, AIIR DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, AIIR SERVICE, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AIIR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AIIR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AIIR DURING THE TERM OF YOUR USE OF THE WEBSITE AND/OR THE AIIR SERVICES.
17. LIMITATION OF LIABILITY AND DAMAGES
Limitation of Liability.
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AIIR OR ITS AFFILIATES, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICE, YOUR APP OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH AIIR, EVEN IF AIIR OR AN AIIR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, AIIR'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Limitation of Damages.
IN NO EVENT SHALL AIIR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE, THE SERVICE OR YOUR APP (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT OF FEES YOU HAVE PAID AIIR IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN AIIR AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE WEBSITE OR SERVICE OR THROUGH YOUR APP OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.
18. LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN
Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT AIIR HAS OFFERED THE WEBSITE, THE SERVICE AND YOUR APP, SET IT’S PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AIIR, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND AIIR. YOU ACKNOWLEDGE AND AGREE THAT AIIR WOULD NOT BE ABLE TO PROVIDE THE WEBSITE, THE SERVICE OR YOUR APP TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
19. MODIFICATION OF THE TERMS AND POLICIES
Aiir reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms and/or it policies at any time and from time to time with or without specific notice to you other than through posting such modified Terms and/or policies on the Website. The Terms and policies will be identified as of the most recent date of revision. The relevant prior Terms and policies will apply to any order you have made for Services or any dispute between you and Aiir that arose prior to the date of any modifications to the Terms and policies. Please check these Terms and the policies periodically for any changes. Your use of the Website or the Service after the posting of changes constitutes your binding acceptance of such changes. If you are dissatisfied with the Website or the Service, then you agree that your sole and exclusive remedy is to discontinue any use of the Website or the Service.
You may receive an additional copy of these Terms by contacting us at firstname.lastname@example.org or by calling us on +1 (844) 777-AIIR in the U.S and +44 333 444 7000 in the U.K.
Notices: Aiir may provide you with notices, including those regarding changes to terms and conditions, by postings on the Website, via electronic mail, or by postal delivery. Notice sent via email will be deemed given twenty-four hours after such e-mail is sent, unless Aiir is notified that the electronic mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Website. In such case, notice will be deemed given three days after the date of mailing.
Waiver: A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Aiir to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Severability: In the event that the application of any provision of these Terms to any particular facts or circumstances shall be held to be invalid or unenforceable under the law hereof, then: (a) such provision shall be reformed without further action by the parties to the extent strictly necessary to render such provision valid and enforceable when applied to such particular facts or circumstances; and (b) the validity and enforceability of such provision as applied to any other particular facts or circumstances, and the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Aiir without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
No Agency: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aiir as a result of these Terms or use of the Website or the Service. You further acknowledge that by submitting your User Marks or other content, no confidential, fiduciary, contractually implied or other relationship is created between you and Aiir other than pursuant to these Terms.
Survival: The Sections entitled "Ownership; Proprietary Rights," "Indemnification," "Disclaimers; No Warranties," "Limitation of Liability and Damages," "Limitations by Applicable Law; Basis of the Bargain," and "Miscellaneous" will survive any termination of these Terms.
Headings: The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement: This is the entire agreement between you and Aiir relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Aiir as set forth above.
Jurisdiction: By using the Website and the Services you agree that:
- If you are based in the EEA, the laws of England and Wales shall apply to the interpretation of this agreement and any disputes between us and any legal action in respect of the same shall be subject to the jurisdiction of the courts of England and Wales;
- if you are based outside of the EEA, the laws of the State of Delaware shall apply to the interpretation of this agreement and any disputes between us and any legal action in respect of the same shall be taken in the courts of State of Delaware.
Effective as of 23 May 2018
Acceptable Use Policy
1. Acceptable use of Services
1.1 This Acceptable Use Policy (“AUP”) describes how you must use and what you cannot do with the cloud computing services we provide to you (“Services”). The Services are based on a Managed Cloud Platform (“MCP”) which comprises computing hardware and software, including automation and orchestration tools.
1.2 You are solely responsible for: (i) the content, materials and data that you create outside an MCP and upload to and process on an MCP; (ii) the content, materials and data that you create through your use of the Services; and (iii) applications and other software that you install on an MCP (together “Client Content”).
1.3 This AUP applies to all uses of any MCP and Services including use resulting from or involving Client Content.
1.4 You will comply with all applicable laws and regulations when using the Services and will not allow any illegal or improper use of the Services.
2. Changes to AUP
2.1 We may change this AUP from time to time by posting the updated version of this AUP to this url or otherwise providing notice to you. If you do not agree with the change you must stop using the Services. If you continue to use the Services following a change to this AUP you will be deemed to have accepted the change.
3. AUP applies to all Users
3.1 This AUP applies to the use of the Services by all your users, your customers, third party service providers and other end-users (“Users”). You are responsible for the acts and omissions of all Users.
4.1 We reserve the right to impose limits on the bandwidth or the data storage capacity available to you. If we do so, you agree that you will comply with these limits. If you exceed these limits or use a disproportionate share of the available bandwidth, we may limit or “throttle” your bandwidth or capacity usage or impose traffic management procedures.
4.2 You may not circumvent any limits that we place on your use of the Services.
5. Email and Spam
5.1 You may not use the Services to distribute email, instant messages, text messages or other communications in an unacceptable or illegal manner. For example, you may not:
(a) create or send hoax emails or chain emails;
(b) send unsolicited commercial email or bulk email (“spam” or “spamming”);
(c) harvest email addresses;
(d) use open proxies or relays to allow spamming; or
(e) impersonate someone else (“spoofing”) or falsify message header information.
5.2 All commercial email promoting goods or services you send using the Services must comply with all applicable laws, rules, regulations, industry codes and similar guidelines.
6.1 You may not use the Services or allow the Services to be used to:
(a) gain unauthorized access to computer systems or engage in security attacks of any kind including:
(i) against trust (such as email spoofing, password cracking, IP spoofing and DNS poisoning);
(ii) against confidentiality and integrity (by using malware such as computer viruses, worms, trojan horses, rootkits, keyloggers, spyware or and other malicious programs and code); or
(iii) against availability (such as denial of service and email bombs)
(b) corrupt, modify or intercept electronic communications intended for any other person or entity; or
(c) interfere with or disrupt the operation of an MCP or the Services.
6.2 You may not avoid any limitations we place on your use of the Services.
7. Abuse and Illegal Behaviour
7.1 You may not use the Services to:
(a) conduct or engage in any illegal business or activity;
(b) infringe any third party intellectual property right (for example copyright, patents, trademark, trade secret or know-how);
(c) collect, copy or process information in a way that breaches data protection laws or leads to a wrongful breach of privacy; or
(d) create, distribute, process or view any: (i) defamatory; (ii) obscene, indecent or pornographic; (ii) racist, sexist or otherwise discriminatory; (iv) misleading, deceptive or fraudulent; or (v) otherwise objectionable, offensive or illegal material.
8. Law Enforcement
8.1 We reserve the right at any time and without notice to investigate any suspected breach of this AUP or misuse of our Services.
8.2 We may block access to Client Content or remove it from the Services if we have reasonable grounds to suspect that it breaches this AUP.
8.3 We may be required to cooperate with courts and judicial bodies, police and law enforcement authorities, regulators and other appropriate third parties to help with the investigation and prosecution of illegal conduct. This cooperation may include disclosing information and data about MCPs and the Services to them and providing them with information about your use of the Services and Client Content when we are legally required to do so.
9. Suspension or Termination
9.1 If you breach this AUP or misuse the Services or allow others to do so, we may suspend or terminate your use of the Services.
9.2 If we decide that the breach can be remedied without suspending your access to the Services, we will request you to remedy the breach within the time period that we specify. If the breach is not remedied within that time period, we reserve the right to suspend your access to the Service.
9.3 If we suspend your access to the Service we may terminate your access to the Service if you do not correct the reason for suspension within seven days of the suspension.
10. Reporting Breaches
You will immediately notify us if you become aware of any breach of this AUP and assist us to investigate or remedy the breach.
Effective as of May 23, 2018.
The Aiir website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Aiir pages, or register with Aiir site or services, a cookie helps Aiir to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Aiir website, the information you previously provided can be retrieved, so you can easily use the Aiir features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Aiir services or websites you visit.
Aiir welcomes your questions or comments regarding this Statement of Privacy. If you believe that Aiir has not adhered to this Statement, please contact Aiir at:
244 5th Ave #200,
New York, NY 10001
+1 (844) 777-AIIR
Effective as of May 23, 2018.