Terms of service
Last updated November 1st, 2023
Welcome to Airscale, where we value your participation in our community. Before you begin, it’s crucial to understand our Terms of Use.
Our website and services are governed by these Terms of Use, which affect your legal rights. By accepting these terms, you confirm your authority to enter this agreement, either for yourself or on behalf of an entity you represent. If you disagree with these terms, are under 18, have been banned from our services, or if it’s illegal for you to use our services, then you must not use them.
Subscriptions to our services auto-renew unless you cancel according to section 7.2. Be aware that section 15 includes an arbitration agreement, requiring individual arbitration for disputes, rather than court or class actions, unless you opt-out.
Additional terms may apply to certain services. We may update these terms at any time, and continued use after such changes constitutes acceptance.
The services allow you to integrate and automate workflows through our platform, with provisions for personal or internal business use under certain restrictions.
You must register for an account to access some features, and you agree to provide accurate information. You’re responsible for your account and must not share access.
You retain ownership of your content but grant us the right to use it as part of our service. We reserve the right to remove any content that violates our agreement.
Airscale retains all rights to the services, and your feedback on our services becomes our property to use freely.
We may investigate and act upon any violations of this agreement.
Lastly, our services may link to third-party services, which are governed by their own terms and not endorsed by Airscale. Use them at your own risk.
Overview of the Services
Airscale's platform empower users to integrate apps, APIs, and software code to source, create, utilize data within an interface akin to a spreadsheet.
1.1 Limited License
In accordance with the Agreement, Airscale endows you with: (a) the right to access and use the Services; and (b) the authority to display and modify, the features derived from the Services, with both (a) and (b) strictly for your personal or in-house business operations.
1.2 Certain Restrictions.
By accessing and utilizing Airscale's services, you consent that you shall not, nor will you allow any third party to: (a) license, vend, rent, sublet, transfer, delegate, replicate, host or commercially exploit the services or any segment of it; (b) frame or use framing techniques to encase any Airscale trademark, logo, or other Service components (including visuals, text, page layout, or format); (c) employ metatags or any "hidden text" bearing Airscale's name or trademarks; (d) alter, translate, adapt, merge, generate derivative works from, disassemble, decompile, reverse compile, or reverse engineer any part of the Services, barring such actions are explicitly disallowed by relevant law or are permissible by the Service's functionality; (e) apply any manual or automated tool, device, or method (including but not restricted to spiders, robots, scrapers, crawlers, avatars, data mining tools, etc.) to "scrape" or download data from the Services (we do grant revocable permission to public search engine operators to use spiders to copy materials from the Services for the sole aim of and only to the extent necessary for creating publicly accessible searchable indices of the materials, but not caches or archives of such materials); (f) access the Services to establish a similar or competitive website, application, or service; (g) duplicate, replicate, distribute, republish, download, display, post or transmit any content in any form or by any means not explicitly allowed herein or by the Services' features and functionality; (h) eliminate or obliterate any copyright or proprietary notices on or within the Services; or (i) take any action or distribute any Content on or through the Services that: (I) infringes on any intellectual property, privacy right, or any other right of any person or entity; (II) is unlawful, threatening, abusive, harassing, defamatory, deceitful, fraudulent, violates privacy, tortious, vulgar, offensive, or profane; (III) constitutes unauthorized or unsolicited promotion, junk or mass email; (IV) involves commercial activities and/or sales without Airscale's explicit written consent, such as competitions, trade, advertisements, or pyramid schemes; (V) impersonates any individual or entity, including any employee or representative of Airscale and other users; (VI) disrupts or attempts to disrupt the proper operation of the Services or uses the Services in any manner not expressly permitted by the Agreement; or (VII) tries to perform or performs, any potentially damaging actions directed against the Services, including but not limited to breaching or trying to breach any security features of the Services; introducing malware, worms, or similar destructive code into the Services; or interfering or attempting to interfere with the use of the Services by any user, host, or network, including through overloading, "flooding," "spamming," "mail bombing," or "crashing" the Services. Any future release, update, or addition to the Services is subject to the Agreement, unless Airscale specifies otherwise at the time of such release, update, or addition. Airscale, along with its suppliers and service providers, retains all rights not expressly granted in the Agreement. Any unauthorized use of the Services leads to the termination of the licenses provided by Airscale according to the Agreement.
Registration
2.1 Registering Your Account. In order to access certain features of the Services you may be required to register for an account on the Services (“Account”)
2.2 Registration Data. You agree to: (a) provide true, accurate, current, and complete information about yourself as prompted during the registration of your Account; and (b) maintain and promptly update the Registration Data to ensure it remains true, accurate, current, and complete at all times. You are responsible for all activities that occur under your Account. Sharing your Account or password with others is prohibited, and you agree to immediately notify Airscale of any unauthorized use of your password or any other security breach. Should you submit any information that is untrue, inaccurate, outdated, or incomplete, or if Airscale has reasonable grounds to suspect the information is not as described, Airscale reserves the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any part thereof). You agree not to maintain more than one Account with the Services at any time.
Content
3.1 Types of Content. You acknowledge that all scripts, files, materials, data, text, audio, video, images, or other content, uploaded or submitted by a user are the sole responsibility of that user. This means that you, not Airscale, bear full responsibility for all Content that you make available (“Make Available”) through the Services (“Your Content”).
3.2 No Obligation to Pre-Screen Content. You recognize that Airscale is under no obligation to pre-screen Content but reserves the right to pre-screen, refuse, or remove any Content at its discretion. By agreeing to these terms, you provide your irrevocable consent to such monitoring. Airscale may remove any Content that violates the Agreement or is otherwise objectionable at any time and at its sole discretion.
3.3 Content Provided by Other Users. The Services may include Content provided by other users. Airscale is not responsible for, does not endorse, and does not have any obligation to review, monitor, or make any representations regarding user-provided Content. Your interaction with such Content and other users is at your own risk.
3.4 Your Content. Airscale does not claim ownership of Your Content. By Making Available Your Content on the Services, you assert that you possess all necessary rights and authorizations to grant the licenses under these terms.
3.5 License Grant to Airscale. You grant Airscale, subject to your account settings, a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and display Your Content (in whole or in part) to operate and provide the Services to you and other users.
3.6 License Grant to Other Users. By Making Available Your Content, you grant other Service users a non-exclusive license to access and use Your Content as allowed by the Agreement and the Service's functionality.
3.7 Access to Your Content. Airscale is not obliged to store any of Your Content that you Make Available on the Services, unless explicitly agreed in writing. Airscale is not liable for any deletion, accuracy, failure to store, transmit or receive transmission of Content, or the security, privacy, or transmission of communications originating from the use of the Services. Services may allow you to set access restrictions for Your Content, for which you are solely responsible. Absent your specifications, the system may default to the least restrictive setting. Airscale reserves the right to set reasonable limits on the use and storage of Content, including file size, storage space, and processing capacities, as described in the Services or as otherwise determined by Airscale in its sole discretion.
4. Rights and Ownership
4.1 Generally. Airscale expressly reserve all of their rights, title and interest, including all intellectual property rights. Airscale and all related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Airscale and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. Except with respect to Your Content, you agree that you have no right, title or interest in or to any Content that appears on or in the Services except as expressly set forth herein.
4.2 Feedback. You agree that submission or provision of any ideas, suggestions, documents and/or proposals to Airscale related to Airscale or its products or services ("Feedback") is at your own risk and that Airscale has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Airscale a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Airscale.
5. Investigations
Airscale may, but is not obligated to, monitor or review the Services and Content at any time. Although Airscald does not generally monitor user activity occurring in connection with the Services or Content, if Airscale becomes aware of any possible violations by you of any provision of the Agreement, Airscale reserves the right to investigate such violations, and Airscale may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
6. Third party services
Airscale may may include links and integrations with websites, applications, ads, services, and application programming interfaces from third parties (collectively “Third-Party Services”), each governed by their own terms and conditions and privacy policies. These Third-Party Services are beyond Airscale's domain and control, and Airscale is not accountable for any such Third-Party Service. Airscale offers these Third-Party Services merely for your convenience and does not assess, affirm, supervise, guarantee, or assume responsibility for any Third-Party Services or their products, services, or functions, including those Third-Party Services. Engaging with Third-Party Services is at your sole risk. It is advised that you carefully read the relevant terms and policies, including those on privacy and data collection, of any Third-Party Service, and conduct any necessary investigations before engaging in any transaction with any third party.
7. Purchase terms
7.1 Payment. You agree to pay all fees or charges to your Account according to the fees, charges, and billing terms that are in effect when a fee or charge is due. Providing Airscale with a valid credit card (Visa, MasterCard, or any other issuer we accept) or a PayPal account (“Payment Provider”) is a prerequisite for switching from a free Subscription to a paid one. The agreement with your Payment Provider dictates your use of the specified credit card or PayPal account. You must consult that agreement, not this one, to understand your rights and liabilities. By giving Airscale your credit card number or PayPal account and associated payment details, you authorize Airscale to immediately bill your Account for all fees and charges due and payable to Airscale, and you acknowledge that no additional notice or consent is required, except as demanded by law. You commit to promptly informing Airscale of any changes to your billing address or the credit card or PayPal account used for payments. Airscale retains the right to modify its prices, charge for services that were previously free, and alter billing methods at any time, with immediate effect upon posting on the Services or via email to you. All fees are non-refundable, except as explicitly stated in the Agreement.
7.2 Automatic Renewal. Your Subscription will automatically renew at the end of each subscription period, continuing for another equivalent period at Airscale's current pricing for such Subscription. This automatic renewal applies unless you cancel your Subscription before the renewal date by accessing the “Account Settings” page. To alter or terminate your Subscription, please contact Airscale at support@airscale.run. If you cancel, you may use the Subscription until the end of the current term; it will not renew thereafter. However, you won't receive a prorated refund for any portion of the Subscription fee for the current period. If you fail to make timely payments: (a) you must pay all amounts due upon demand; and/or (b) Airscale may terminate or suspend your Subscription and may continue to charge your Payment Provider until payment is received, upon which your Account will be reactivated, and your new Subscription period will commence on the date payment is received.
7.3 Taxes. The payments under Section 7.1 do not include any Sales Tax that may be due in connection with the Services. If Airscale is legally required to collect Sales Tax from you, it will be added to the payments under Section 7.1. You are responsible for paying any Sales Tax to the appropriate tax authority, including any penalties or interest, if the Services or payments for the Services are taxable and you have not paid the Sales Tax to Airscale. You will indemnify Airscale for any costs related to such Sales Taxes. Upon Airscale's request, you will provide receipts or evidence that you have paid all required taxes. "Sales Tax" refers to any sales or use tax, and any other tax measured by sales proceeds, where no other sales or use tax is imposed.
7.4 Payment Processing Services. Airscale utilizes Stripe, Inc. (“Stripe”) for payment services such as card acceptance, settlement, and related services. Your use of the Platform and Stripe's services is governed by the Stripe Connected Account Agreement, which includes the Stripe Services Agreement and may be updated by Stripe (the “Stripe Agreement”). As a condition of Stripe's payment services, you must provide accurate and complete information about yourself and your business, and you authorize us to share this information with Stripe. All bank and credit card information is stored by Stripe under their security measures. Airscale does not keep your payment data and is not liable for its security. Your use of Stripe is contingent on your adherence to the Stripe Agreement, which, if terminated, could affect your ability to use the Services or result in the suspension or termination of your Account or Subscription. Airscale may introduce new payment processing services at any time, which you will be notified about and which may come with additional terms.
8. Indemnification
You are committed to indemnifying and holding Airscale, its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, an "Airscale Party" and collectively, the "Airscale Parties") harmless against all losses, expenses, damages, and costs (including reasonable attorneys' fees) resulting from any of the following: (a) Your Content; (b) your breach of the Agreement; (c) your infringement of the rights of any other party, including users; or (d) your breach of any applicable laws, regulations, or rules. Airscale retains the right to take over the exclusive defense and control of any matter for which you are normally obliged to indemnify Airscale, and you shall assist and cooperate with Airscale in defending any such claims. This clause does not oblige you to indemnify any Airscale Party for any party's grossly unfair commercial practices, or for their fraud, deceit, false promises, misrepresentations, or the concealment, suppression, or omission of any vital fact related to the Services offered. You acknowledge that this indemnification clause will remain in effect even after the termination of your Account, the Agreement, and/or your access to the Services.
9. Disclaimer of Warranties and Conditions
9.1 As is. you acknowledge and agree that, subject to applicable law:
Your use of the services, including any accessible content through the services, is entirely at your risk, and the services and content are offered "as is" and "as available," with all faults; airscale parties explicitly disclaim all warranties, representations, and conditions, whether express or implied, including those of merchantability, fitness for a particular purpose, and non-infringement that arise from utilizing the services; airscale parties do not guarantee that: (1) the services or any content accessed via the services will fulfill your needs; (2) your use of the services or content will be uninterrupted, timely, secure, or error-free; or (3) the outcomes obtained from using the services or content will be accurate or dependable; any content obtained or accessed via the services is done so at your own risk, and you are fully liable for any damage to your property, including your computer system and any devices used to access the services, or any other loss that results from accessing such content; and any advice or information, whether oral or written, received from airscale or through the services, will not constitute a warranty not stated herein.
9.2 Beta services. Occasionally, airscale may provide new "beta" features or tools for testing purposes. these are provided "as is" without warranty of any kind and may be altered or discontinued at airscale's discretion. This section fully applies to such beta features or tools.
9.3 No liability for conduct of third parties and users. You recognize that airscale parties are not responsible for the behavior of any third parties, including any content or third-party services they provide, or operators of external sites, and the risk of harm from such third parties lies solely with you. you are fully accountable for your interactions with other users of the services, and airscale does not verify the claims of its users.
9.4 Limitations. Despite the above, airscale parties do not renounce any warranty or other rights that they are prohibited from disclaiming under law.
10. Limitation of Liability
10.1 Disclaimer of Certain Damages. You understand and agree that, to the fullest extent permitted by applicable law, in no event shall Airscale parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection with the services, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, in each case whether or not Airscale has been advised of the possibility of such damages, arising out of or in connection with the agreement or any communications, interactions or meetings with other users of the services, on any theory of liability, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory. The foregoing cap on liability shall not apply to liability of an Airscale party for (a) death or personal injury caused by an Airscale party’s negligence; or for (b) any injury caused by an Airscale party’s fraud or fraudulent misrepresentation.
10.2 Cap on Liability. Under no circumstances will Airscale parties be liable to you for more than the greater of: (a) the total amount paid to Airscale by you for the use of the service during the one-month period prior to the act, omission or occurrence giving rise to such liability; and (b) one hundred dollars ($100). The foregoing cap on liability shall not apply to liability of an Airscale party for: (a) death or personal injury caused by an Airscale party’s negligence; or for (b) any injury caused by an Airscale party’s fraud or fraudulent misrepresentation.
10.3 Content. Except for Airscale’s obligations to protect your personal data as set forth in Airscale’s privacy policy, Airscale assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, your content), user communications or personalization settings.
10.4 Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Airscale and you
11. Procedure for making claims of copyright infringement
It is Airscale's policy to revoke the membership privileges of any user who consistently infringes copyright after receiving timely notification from the copyright owner or their legal agent. If you believe that your work has been copied and made available on the Services in a manner that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work you claim has been infringed; (c) a description of where on the Services the material you claim is infringing is located; (d) your address, telephone number, and email address; (e) a statement from you affirming a sincere belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a sworn declaration by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on their behalf. The contact information for Airscale's Copyright Agent for notice of claims of copyright infringement is as follows: support@airscale.io.
12. Remedies
In the case that Airscale, at its sole discretion, finds that you have violated any part of the Agreement, or have displayed behavior unsuitable for the Services, Airscale reserves the right to, in addition to any remedies available to Airscale under this Agreement or under applicable law:
-Remove any of Your Content submitted by you or your agent(s) to the Services;
-Rerminate your registration(s) with any of the Services, including any Airscale community;
-Cancel your subscription to any Services; and/or
-Inform and/or forward Content to and cooperate fully with the appropriate law enforcement entities for further action.
13. Term and termination
13.1 Term. The Agreement will continue to be in effect until it is terminated according to the terms of the Agreement.
13.2 Termination of Services by Airscale. Airscale can suspend or end your rights to use the Services (including your Account) at any time for any reason at its sole discretion, particularly for any use of the Services that breaches the Agreement. You acknowledge that Airscale is not liable to you or any third party for the termination of your Account.
13.3 Termination of Services by You. If you wish to terminate your Account or the Agreement, you may do so by: (a) notifying Airscale at any time at: support@airscale.io or (b) going to the “management page” on your Account and choosing “cancel my account.” SUBSCRIPTION SERVICES WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION FOLLOWING THE GUIDELINES IN SECTION 7.2.
13.4 Effect of Termination. When any Service is terminated, your Account and right to use the Service will end immediately. You understand that termination of Services might lead to the deletion of Your Content from our live databases. Airscale is not liable to you for any suspension or termination, including for the deletion of Your Content. All parts of the Agreement that naturally should continue past the end of the Services, will do so, including but not limited to, ownership clauses, warranty disclaimers, and limitations of liability.
14. International users
The Services are accessible globally and may include references to Services and Content that are not provided in your country. Such references do not suggest that Airscale plans to introduce such Services or Content in your country. Airscale manages and provides the Services from its premises in France. Airscale does not claim that the Services are suitable or available for use in other locations. Individuals who access or use the Services from other jurisdictions do so of their own accord and are accountable for adhering to their local laws.
15. Dispute resolution
15.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Airscale, will be resolved by binding arbitration, rather than in court, except that: (a) you may assert claims in small claims court if your claims qualify; and (b) you or Airscale may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
If you agree to arbitration with Airscale, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Airscale alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against Airscale in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this Agreement, including this Arbitration Agreement.
15.2 Arbitration Rules and Forum. In-progress.
15.3 Authority of Arbitrator. In-progress.
15.4 Waiver of Jury Trial. You and Airscale hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Airscale are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
15.5 Waiver of Class or Other Non-Individualized Relief. All claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class or collective basis; only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other claims shall be arbitrated.
15.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by emailing us at: support@airscale.io, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Airscale username (if any), the email address you used to set up your Account (if you have one) and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Airscale.
15.7 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
15.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Airscale.
15.9 Modification. Notwithstanding any provision in this Agreement to the contrary, Airscale agrees that if it makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing Airscale at: support@airscale.io.
16. General provision
16.1 Electronic Communications. The communications between you and Airscale may occur via electronic means, whether you access the Services or send Airscale emails, or whether Airscale posts notices on the Services or communicates with you via email. For contractual purposes, you: (a) consent to receive communications from Airscale in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Airscale provides to you electronically satisfy any legal requirement that such communications would satisfy if in writing.
16.2 Release. You hereby release Airscale Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that are either directly or indirectly related to or arise from your use of the Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Services.
16.3 Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Airscale’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
16.4 Force Majeure. Airscale shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
16.5 Questions, Complaints, Claims. If you have any questions, complaints, or claims with respect to the Services, please contact us at: support@airscale.io. Airscale will do its best to address your concerns. If you feel that your concerns have been incompletely addressed, you are invited to let Airscale know for further investigation.
16.6 Exclusive Venue. In-progress.
16.7 Governing Law. In-progress.
16.8 Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
16.9 Notice. Where Airscale requires you to provide an email address, you are responsible for providing your most current email address. If the last email address you provided to Airscale is not valid or for any reason is not capable of delivering to you any notices required/permitted by the Agreement, Airscale’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Airscale at the following email: support@airscale.io. Such notice shall be deemed given when received by Airscale by letter delivered by a nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
16.10 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
16.11 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
16.12 Export Control. In-progresss.
16.13 Consumer Complaints. In-progress.
16.14 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
17. Data security
17.1.1 Breach Notification. Airscale will promptly, without undue delay, notify the Customer in the event of any unauthorized access or disclosure of Raw Data. Airscale Labs will not notify any regulatory authority, consumer, or other person of unauthorized access or disclosure to Raw Data on behalf of the Customer unless explicitly requested in writing by the Customer to do so.
17.1.2 Security Standards. Airscale will uphold appropriate administrative, physical, and technical safeguards, which will include measures designed to prevent unauthorized access to or disclosure of Raw Data.
17.2.1 Availability. The service will be available with an uptime percentage of at least 99.9%, measured monthly, excluding holidays, weekends, and scheduled maintenance as per Airscale Labs’s then-current policies and schedules. If the Customer requests maintenance during these hours, such maintenance will not be included in uptime or downtime calculations. Moreover, any downtime resulting from outages of third-party connections or utilities, or other reasons beyond Airscale's control, will be excluded from these calculations. The Customer's sole and exclusive remedy, and Airscale's entire liability for service availability issues, is that for every downtime period lasting longer than six hours, Airscale's will credit the Customer 5% of the service fees for each period of 6 or more hours of downtime; however, only one credit will be provided per day. Customers can subscribe to Airscale's downtime notification service or notify Airscale of any outages they identify. Downtime credits will be applied to the Customer’s next service payment and will not be refunded. Credits for downtime are capped at one week's worth of service fees per calendar month.
17.3.1 Process Integrity. The Customer is responsible for obtaining and maintaining all telecommunications, hardware, software, and Internet connectivity needed to access the Service, as well as enabling integration with any systems required for the operation of the Subscription Service. The Customer and its Authorized Users will have access to Raw Data and will be accountable for any alterations or deletions. The Customer is obliged to use reasonable efforts to prevent unauthorized access or use of the Subscription Service, protect Access Protocols, and notify Airscale Labs of any such unauthorized use. The Customer will ensure the accuracy, integrity, legality, and reliability of all Raw Data. The Subscription Service is not licensed for use in connection with any time-critical or mission-critical functions. The Customer warrants that any Raw Data provided to the Subscription Service will not infringe on any intellectual property rights, be deceptive, defamatory, obscene, or unlawful, or contain harmful code intended to damage Airscale Labs’s systems or data. Airscale Labs reserves the right to monitor use of the Subscription Service for compliance with the terms of this Agreement.
17.3.2 The Customer will not input any personal health information regulated by the Health Insurance Portability and Accountability Act or similar laws into the Raw Data unless a separate agreement permitting such data processing is in place. Additionally, the Customer will not include any payment card data as defined by the Payment Card Industry Data Security Standard. The Customer confirms that its use of the Subscription Service will comply with all applicable laws and that the Raw Data does not contain any data that would violate such laws if processed as contemplated by this Agreement. The Customer grants Airscale Labs the rights necessary for any system integration required for the implementation and operation of the Subscription Service.
17.4.1 Confidentiality. Each party may share Confidential Information with the other during the term of this Agreement. The Receiving Party will not use or disclose any Confidential Information of the Disclosing Party except as permitted under this Agreement. Access to Confidential Information will be limited to those who need to know and who are bound by confidentiality obligations. The Receiving Party will protect the Confidential Information from unauthorized use or disclosure with the same degree of care it uses to protect its own information, but with no less than reasonable care. Upon request or termination of the Agreement, the Receiving Party will return or destroy all copies of Confidential Information. Confidentiality obligations do not apply to information that is public, lawfully received from a third party, already known to the Receiving Party, independently developed by the Receiving Party, or required by law to be disclosed.
Last updated November 1st, 2023
Welcome to Airscale, where we value your participation in our community. Before you begin, it’s crucial to understand our Terms of Use.
Our website and services are governed by these Terms of Use, which affect your legal rights. By accepting these terms, you confirm your authority to enter this agreement, either for yourself or on behalf of an entity you represent. If you disagree with these terms, are under 18, have been banned from our services, or if it’s illegal for you to use our services, then you must not use them.
Subscriptions to our services auto-renew unless you cancel according to section 7.2. Be aware that section 15 includes an arbitration agreement, requiring individual arbitration for disputes, rather than court or class actions, unless you opt-out.
Additional terms may apply to certain services. We may update these terms at any time, and continued use after such changes constitutes acceptance.
The services allow you to integrate and automate workflows through our platform, with provisions for personal or internal business use under certain restrictions.
You must register for an account to access some features, and you agree to provide accurate information. You’re responsible for your account and must not share access.
You retain ownership of your content but grant us the right to use it as part of our service. We reserve the right to remove any content that violates our agreement.
Airscale retains all rights to the services, and your feedback on our services becomes our property to use freely.
We may investigate and act upon any violations of this agreement.
Lastly, our services may link to third-party services, which are governed by their own terms and not endorsed by Airscale. Use them at your own risk.
Overview of the Services
Airscale's platform empower users to integrate apps, APIs, and software code to source, create, utilize data within an interface akin to a spreadsheet.
1.1 Limited License
In accordance with the Agreement, Airscale endows you with: (a) the right to access and use the Services; and (b) the authority to display and modify, the features derived from the Services, with both (a) and (b) strictly for your personal or in-house business operations.
1.2 Certain Restrictions.
By accessing and utilizing Airscale's services, you consent that you shall not, nor will you allow any third party to: (a) license, vend, rent, sublet, transfer, delegate, replicate, host or commercially exploit the services or any segment of it; (b) frame or use framing techniques to encase any Airscale trademark, logo, or other Service components (including visuals, text, page layout, or format); (c) employ metatags or any "hidden text" bearing Airscale's name or trademarks; (d) alter, translate, adapt, merge, generate derivative works from, disassemble, decompile, reverse compile, or reverse engineer any part of the Services, barring such actions are explicitly disallowed by relevant law or are permissible by the Service's functionality; (e) apply any manual or automated tool, device, or method (including but not restricted to spiders, robots, scrapers, crawlers, avatars, data mining tools, etc.) to "scrape" or download data from the Services (we do grant revocable permission to public search engine operators to use spiders to copy materials from the Services for the sole aim of and only to the extent necessary for creating publicly accessible searchable indices of the materials, but not caches or archives of such materials); (f) access the Services to establish a similar or competitive website, application, or service; (g) duplicate, replicate, distribute, republish, download, display, post or transmit any content in any form or by any means not explicitly allowed herein or by the Services' features and functionality; (h) eliminate or obliterate any copyright or proprietary notices on or within the Services; or (i) take any action or distribute any Content on or through the Services that: (I) infringes on any intellectual property, privacy right, or any other right of any person or entity; (II) is unlawful, threatening, abusive, harassing, defamatory, deceitful, fraudulent, violates privacy, tortious, vulgar, offensive, or profane; (III) constitutes unauthorized or unsolicited promotion, junk or mass email; (IV) involves commercial activities and/or sales without Airscale's explicit written consent, such as competitions, trade, advertisements, or pyramid schemes; (V) impersonates any individual or entity, including any employee or representative of Airscale and other users; (VI) disrupts or attempts to disrupt the proper operation of the Services or uses the Services in any manner not expressly permitted by the Agreement; or (VII) tries to perform or performs, any potentially damaging actions directed against the Services, including but not limited to breaching or trying to breach any security features of the Services; introducing malware, worms, or similar destructive code into the Services; or interfering or attempting to interfere with the use of the Services by any user, host, or network, including through overloading, "flooding," "spamming," "mail bombing," or "crashing" the Services. Any future release, update, or addition to the Services is subject to the Agreement, unless Airscale specifies otherwise at the time of such release, update, or addition. Airscale, along with its suppliers and service providers, retains all rights not expressly granted in the Agreement. Any unauthorized use of the Services leads to the termination of the licenses provided by Airscale according to the Agreement.
Registration
2.1 Registering Your Account. In order to access certain features of the Services you may be required to register for an account on the Services (“Account”)
2.2 Registration Data. You agree to: (a) provide true, accurate, current, and complete information about yourself as prompted during the registration of your Account; and (b) maintain and promptly update the Registration Data to ensure it remains true, accurate, current, and complete at all times. You are responsible for all activities that occur under your Account. Sharing your Account or password with others is prohibited, and you agree to immediately notify Airscale of any unauthorized use of your password or any other security breach. Should you submit any information that is untrue, inaccurate, outdated, or incomplete, or if Airscale has reasonable grounds to suspect the information is not as described, Airscale reserves the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any part thereof). You agree not to maintain more than one Account with the Services at any time.
Content
3.1 Types of Content. You acknowledge that all scripts, files, materials, data, text, audio, video, images, or other content, uploaded or submitted by a user are the sole responsibility of that user. This means that you, not Airscale, bear full responsibility for all Content that you make available (“Make Available”) through the Services (“Your Content”).
3.2 No Obligation to Pre-Screen Content. You recognize that Airscale is under no obligation to pre-screen Content but reserves the right to pre-screen, refuse, or remove any Content at its discretion. By agreeing to these terms, you provide your irrevocable consent to such monitoring. Airscale may remove any Content that violates the Agreement or is otherwise objectionable at any time and at its sole discretion.
3.3 Content Provided by Other Users. The Services may include Content provided by other users. Airscale is not responsible for, does not endorse, and does not have any obligation to review, monitor, or make any representations regarding user-provided Content. Your interaction with such Content and other users is at your own risk.
3.4 Your Content. Airscale does not claim ownership of Your Content. By Making Available Your Content on the Services, you assert that you possess all necessary rights and authorizations to grant the licenses under these terms.
3.5 License Grant to Airscale. You grant Airscale, subject to your account settings, a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and display Your Content (in whole or in part) to operate and provide the Services to you and other users.
3.6 License Grant to Other Users. By Making Available Your Content, you grant other Service users a non-exclusive license to access and use Your Content as allowed by the Agreement and the Service's functionality.
3.7 Access to Your Content. Airscale is not obliged to store any of Your Content that you Make Available on the Services, unless explicitly agreed in writing. Airscale is not liable for any deletion, accuracy, failure to store, transmit or receive transmission of Content, or the security, privacy, or transmission of communications originating from the use of the Services. Services may allow you to set access restrictions for Your Content, for which you are solely responsible. Absent your specifications, the system may default to the least restrictive setting. Airscale reserves the right to set reasonable limits on the use and storage of Content, including file size, storage space, and processing capacities, as described in the Services or as otherwise determined by Airscale in its sole discretion.
4. Rights and Ownership
4.1 Generally. Airscale expressly reserve all of their rights, title and interest, including all intellectual property rights. Airscale and all related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Airscale and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. Except with respect to Your Content, you agree that you have no right, title or interest in or to any Content that appears on or in the Services except as expressly set forth herein.
4.2 Feedback. You agree that submission or provision of any ideas, suggestions, documents and/or proposals to Airscale related to Airscale or its products or services ("Feedback") is at your own risk and that Airscale has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Airscale a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Airscale.
5. Investigations
Airscale may, but is not obligated to, monitor or review the Services and Content at any time. Although Airscald does not generally monitor user activity occurring in connection with the Services or Content, if Airscale becomes aware of any possible violations by you of any provision of the Agreement, Airscale reserves the right to investigate such violations, and Airscale may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
6. Third party services
Airscale may may include links and integrations with websites, applications, ads, services, and application programming interfaces from third parties (collectively “Third-Party Services”), each governed by their own terms and conditions and privacy policies. These Third-Party Services are beyond Airscale's domain and control, and Airscale is not accountable for any such Third-Party Service. Airscale offers these Third-Party Services merely for your convenience and does not assess, affirm, supervise, guarantee, or assume responsibility for any Third-Party Services or their products, services, or functions, including those Third-Party Services. Engaging with Third-Party Services is at your sole risk. It is advised that you carefully read the relevant terms and policies, including those on privacy and data collection, of any Third-Party Service, and conduct any necessary investigations before engaging in any transaction with any third party.
7. Purchase terms
7.1 Payment. You agree to pay all fees or charges to your Account according to the fees, charges, and billing terms that are in effect when a fee or charge is due. Providing Airscale with a valid credit card (Visa, MasterCard, or any other issuer we accept) or a PayPal account (“Payment Provider”) is a prerequisite for switching from a free Subscription to a paid one. The agreement with your Payment Provider dictates your use of the specified credit card or PayPal account. You must consult that agreement, not this one, to understand your rights and liabilities. By giving Airscale your credit card number or PayPal account and associated payment details, you authorize Airscale to immediately bill your Account for all fees and charges due and payable to Airscale, and you acknowledge that no additional notice or consent is required, except as demanded by law. You commit to promptly informing Airscale of any changes to your billing address or the credit card or PayPal account used for payments. Airscale retains the right to modify its prices, charge for services that were previously free, and alter billing methods at any time, with immediate effect upon posting on the Services or via email to you. All fees are non-refundable, except as explicitly stated in the Agreement.
7.2 Automatic Renewal. Your Subscription will automatically renew at the end of each subscription period, continuing for another equivalent period at Airscale's current pricing for such Subscription. This automatic renewal applies unless you cancel your Subscription before the renewal date by accessing the “Account Settings” page. To alter or terminate your Subscription, please contact Airscale at support@airscale.run. If you cancel, you may use the Subscription until the end of the current term; it will not renew thereafter. However, you won't receive a prorated refund for any portion of the Subscription fee for the current period. If you fail to make timely payments: (a) you must pay all amounts due upon demand; and/or (b) Airscale may terminate or suspend your Subscription and may continue to charge your Payment Provider until payment is received, upon which your Account will be reactivated, and your new Subscription period will commence on the date payment is received.
7.3 Taxes. The payments under Section 7.1 do not include any Sales Tax that may be due in connection with the Services. If Airscale is legally required to collect Sales Tax from you, it will be added to the payments under Section 7.1. You are responsible for paying any Sales Tax to the appropriate tax authority, including any penalties or interest, if the Services or payments for the Services are taxable and you have not paid the Sales Tax to Airscale. You will indemnify Airscale for any costs related to such Sales Taxes. Upon Airscale's request, you will provide receipts or evidence that you have paid all required taxes. "Sales Tax" refers to any sales or use tax, and any other tax measured by sales proceeds, where no other sales or use tax is imposed.
7.4 Payment Processing Services. Airscale utilizes Stripe, Inc. (“Stripe”) for payment services such as card acceptance, settlement, and related services. Your use of the Platform and Stripe's services is governed by the Stripe Connected Account Agreement, which includes the Stripe Services Agreement and may be updated by Stripe (the “Stripe Agreement”). As a condition of Stripe's payment services, you must provide accurate and complete information about yourself and your business, and you authorize us to share this information with Stripe. All bank and credit card information is stored by Stripe under their security measures. Airscale does not keep your payment data and is not liable for its security. Your use of Stripe is contingent on your adherence to the Stripe Agreement, which, if terminated, could affect your ability to use the Services or result in the suspension or termination of your Account or Subscription. Airscale may introduce new payment processing services at any time, which you will be notified about and which may come with additional terms.
8. Indemnification
You are committed to indemnifying and holding Airscale, its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, an "Airscale Party" and collectively, the "Airscale Parties") harmless against all losses, expenses, damages, and costs (including reasonable attorneys' fees) resulting from any of the following: (a) Your Content; (b) your breach of the Agreement; (c) your infringement of the rights of any other party, including users; or (d) your breach of any applicable laws, regulations, or rules. Airscale retains the right to take over the exclusive defense and control of any matter for which you are normally obliged to indemnify Airscale, and you shall assist and cooperate with Airscale in defending any such claims. This clause does not oblige you to indemnify any Airscale Party for any party's grossly unfair commercial practices, or for their fraud, deceit, false promises, misrepresentations, or the concealment, suppression, or omission of any vital fact related to the Services offered. You acknowledge that this indemnification clause will remain in effect even after the termination of your Account, the Agreement, and/or your access to the Services.
9. Disclaimer of Warranties and Conditions
9.1 As is. you acknowledge and agree that, subject to applicable law:
Your use of the services, including any accessible content through the services, is entirely at your risk, and the services and content are offered "as is" and "as available," with all faults; airscale parties explicitly disclaim all warranties, representations, and conditions, whether express or implied, including those of merchantability, fitness for a particular purpose, and non-infringement that arise from utilizing the services; airscale parties do not guarantee that: (1) the services or any content accessed via the services will fulfill your needs; (2) your use of the services or content will be uninterrupted, timely, secure, or error-free; or (3) the outcomes obtained from using the services or content will be accurate or dependable; any content obtained or accessed via the services is done so at your own risk, and you are fully liable for any damage to your property, including your computer system and any devices used to access the services, or any other loss that results from accessing such content; and any advice or information, whether oral or written, received from airscale or through the services, will not constitute a warranty not stated herein.
9.2 Beta services. Occasionally, airscale may provide new "beta" features or tools for testing purposes. these are provided "as is" without warranty of any kind and may be altered or discontinued at airscale's discretion. This section fully applies to such beta features or tools.
9.3 No liability for conduct of third parties and users. You recognize that airscale parties are not responsible for the behavior of any third parties, including any content or third-party services they provide, or operators of external sites, and the risk of harm from such third parties lies solely with you. you are fully accountable for your interactions with other users of the services, and airscale does not verify the claims of its users.
9.4 Limitations. Despite the above, airscale parties do not renounce any warranty or other rights that they are prohibited from disclaiming under law.
10. Limitation of Liability
10.1 Disclaimer of Certain Damages. You understand and agree that, to the fullest extent permitted by applicable law, in no event shall Airscale parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection with the services, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, in each case whether or not Airscale has been advised of the possibility of such damages, arising out of or in connection with the agreement or any communications, interactions or meetings with other users of the services, on any theory of liability, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory. The foregoing cap on liability shall not apply to liability of an Airscale party for (a) death or personal injury caused by an Airscale party’s negligence; or for (b) any injury caused by an Airscale party’s fraud or fraudulent misrepresentation.
10.2 Cap on Liability. Under no circumstances will Airscale parties be liable to you for more than the greater of: (a) the total amount paid to Airscale by you for the use of the service during the one-month period prior to the act, omission or occurrence giving rise to such liability; and (b) one hundred dollars ($100). The foregoing cap on liability shall not apply to liability of an Airscale party for: (a) death or personal injury caused by an Airscale party’s negligence; or for (b) any injury caused by an Airscale party’s fraud or fraudulent misrepresentation.
10.3 Content. Except for Airscale’s obligations to protect your personal data as set forth in Airscale’s privacy policy, Airscale assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, your content), user communications or personalization settings.
10.4 Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Airscale and you
11. Procedure for making claims of copyright infringement
It is Airscale's policy to revoke the membership privileges of any user who consistently infringes copyright after receiving timely notification from the copyright owner or their legal agent. If you believe that your work has been copied and made available on the Services in a manner that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work you claim has been infringed; (c) a description of where on the Services the material you claim is infringing is located; (d) your address, telephone number, and email address; (e) a statement from you affirming a sincere belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a sworn declaration by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on their behalf. The contact information for Airscale's Copyright Agent for notice of claims of copyright infringement is as follows: support@airscale.io.
12. Remedies
In the case that Airscale, at its sole discretion, finds that you have violated any part of the Agreement, or have displayed behavior unsuitable for the Services, Airscale reserves the right to, in addition to any remedies available to Airscale under this Agreement or under applicable law:
-Remove any of Your Content submitted by you or your agent(s) to the Services;
-Rerminate your registration(s) with any of the Services, including any Airscale community;
-Cancel your subscription to any Services; and/or
-Inform and/or forward Content to and cooperate fully with the appropriate law enforcement entities for further action.
13. Term and termination
13.1 Term. The Agreement will continue to be in effect until it is terminated according to the terms of the Agreement.
13.2 Termination of Services by Airscale. Airscale can suspend or end your rights to use the Services (including your Account) at any time for any reason at its sole discretion, particularly for any use of the Services that breaches the Agreement. You acknowledge that Airscale is not liable to you or any third party for the termination of your Account.
13.3 Termination of Services by You. If you wish to terminate your Account or the Agreement, you may do so by: (a) notifying Airscale at any time at: support@airscale.io or (b) going to the “management page” on your Account and choosing “cancel my account.” SUBSCRIPTION SERVICES WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION FOLLOWING THE GUIDELINES IN SECTION 7.2.
13.4 Effect of Termination. When any Service is terminated, your Account and right to use the Service will end immediately. You understand that termination of Services might lead to the deletion of Your Content from our live databases. Airscale is not liable to you for any suspension or termination, including for the deletion of Your Content. All parts of the Agreement that naturally should continue past the end of the Services, will do so, including but not limited to, ownership clauses, warranty disclaimers, and limitations of liability.
14. International users
The Services are accessible globally and may include references to Services and Content that are not provided in your country. Such references do not suggest that Airscale plans to introduce such Services or Content in your country. Airscale manages and provides the Services from its premises in France. Airscale does not claim that the Services are suitable or available for use in other locations. Individuals who access or use the Services from other jurisdictions do so of their own accord and are accountable for adhering to their local laws.
15. Dispute resolution
15.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Airscale, will be resolved by binding arbitration, rather than in court, except that: (a) you may assert claims in small claims court if your claims qualify; and (b) you or Airscale may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
If you agree to arbitration with Airscale, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Airscale alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against Airscale in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this Agreement, including this Arbitration Agreement.
15.2 Arbitration Rules and Forum. In-progress.
15.3 Authority of Arbitrator. In-progress.
15.4 Waiver of Jury Trial. You and Airscale hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Airscale are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
15.5 Waiver of Class or Other Non-Individualized Relief. All claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class or collective basis; only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other claims shall be arbitrated.
15.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by emailing us at: support@airscale.io, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Airscale username (if any), the email address you used to set up your Account (if you have one) and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Airscale.
15.7 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
15.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Airscale.
15.9 Modification. Notwithstanding any provision in this Agreement to the contrary, Airscale agrees that if it makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing Airscale at: support@airscale.io.
16. General provision
16.1 Electronic Communications. The communications between you and Airscale may occur via electronic means, whether you access the Services or send Airscale emails, or whether Airscale posts notices on the Services or communicates with you via email. For contractual purposes, you: (a) consent to receive communications from Airscale in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Airscale provides to you electronically satisfy any legal requirement that such communications would satisfy if in writing.
16.2 Release. You hereby release Airscale Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that are either directly or indirectly related to or arise from your use of the Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Services.
16.3 Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Airscale’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
16.4 Force Majeure. Airscale shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
16.5 Questions, Complaints, Claims. If you have any questions, complaints, or claims with respect to the Services, please contact us at: support@airscale.io. Airscale will do its best to address your concerns. If you feel that your concerns have been incompletely addressed, you are invited to let Airscale know for further investigation.
16.6 Exclusive Venue. In-progress.
16.7 Governing Law. In-progress.
16.8 Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
16.9 Notice. Where Airscale requires you to provide an email address, you are responsible for providing your most current email address. If the last email address you provided to Airscale is not valid or for any reason is not capable of delivering to you any notices required/permitted by the Agreement, Airscale’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Airscale at the following email: support@airscale.io. Such notice shall be deemed given when received by Airscale by letter delivered by a nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
16.10 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
16.11 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
16.12 Export Control. In-progresss.
16.13 Consumer Complaints. In-progress.
16.14 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
17. Data security
17.1.1 Breach Notification. Airscale will promptly, without undue delay, notify the Customer in the event of any unauthorized access or disclosure of Raw Data. Airscale Labs will not notify any regulatory authority, consumer, or other person of unauthorized access or disclosure to Raw Data on behalf of the Customer unless explicitly requested in writing by the Customer to do so.
17.1.2 Security Standards. Airscale will uphold appropriate administrative, physical, and technical safeguards, which will include measures designed to prevent unauthorized access to or disclosure of Raw Data.
17.2.1 Availability. The service will be available with an uptime percentage of at least 99.9%, measured monthly, excluding holidays, weekends, and scheduled maintenance as per Airscale Labs’s then-current policies and schedules. If the Customer requests maintenance during these hours, such maintenance will not be included in uptime or downtime calculations. Moreover, any downtime resulting from outages of third-party connections or utilities, or other reasons beyond Airscale's control, will be excluded from these calculations. The Customer's sole and exclusive remedy, and Airscale's entire liability for service availability issues, is that for every downtime period lasting longer than six hours, Airscale's will credit the Customer 5% of the service fees for each period of 6 or more hours of downtime; however, only one credit will be provided per day. Customers can subscribe to Airscale's downtime notification service or notify Airscale of any outages they identify. Downtime credits will be applied to the Customer’s next service payment and will not be refunded. Credits for downtime are capped at one week's worth of service fees per calendar month.
17.3.1 Process Integrity. The Customer is responsible for obtaining and maintaining all telecommunications, hardware, software, and Internet connectivity needed to access the Service, as well as enabling integration with any systems required for the operation of the Subscription Service. The Customer and its Authorized Users will have access to Raw Data and will be accountable for any alterations or deletions. The Customer is obliged to use reasonable efforts to prevent unauthorized access or use of the Subscription Service, protect Access Protocols, and notify Airscale Labs of any such unauthorized use. The Customer will ensure the accuracy, integrity, legality, and reliability of all Raw Data. The Subscription Service is not licensed for use in connection with any time-critical or mission-critical functions. The Customer warrants that any Raw Data provided to the Subscription Service will not infringe on any intellectual property rights, be deceptive, defamatory, obscene, or unlawful, or contain harmful code intended to damage Airscale Labs’s systems or data. Airscale Labs reserves the right to monitor use of the Subscription Service for compliance with the terms of this Agreement.
17.3.2 The Customer will not input any personal health information regulated by the Health Insurance Portability and Accountability Act or similar laws into the Raw Data unless a separate agreement permitting such data processing is in place. Additionally, the Customer will not include any payment card data as defined by the Payment Card Industry Data Security Standard. The Customer confirms that its use of the Subscription Service will comply with all applicable laws and that the Raw Data does not contain any data that would violate such laws if processed as contemplated by this Agreement. The Customer grants Airscale Labs the rights necessary for any system integration required for the implementation and operation of the Subscription Service.
17.4.1 Confidentiality. Each party may share Confidential Information with the other during the term of this Agreement. The Receiving Party will not use or disclose any Confidential Information of the Disclosing Party except as permitted under this Agreement. Access to Confidential Information will be limited to those who need to know and who are bound by confidentiality obligations. The Receiving Party will protect the Confidential Information from unauthorized use or disclosure with the same degree of care it uses to protect its own information, but with no less than reasonable care. Upon request or termination of the Agreement, the Receiving Party will return or destroy all copies of Confidential Information. Confidentiality obligations do not apply to information that is public, lawfully received from a third party, already known to the Receiving Party, independently developed by the Receiving Party, or required by law to be disclosed.
Last updated November 1st, 2023
Welcome to Airscale, where we value your participation in our community. Before you begin, it’s crucial to understand our Terms of Use.
Our website and services are governed by these Terms of Use, which affect your legal rights. By accepting these terms, you confirm your authority to enter this agreement, either for yourself or on behalf of an entity you represent. If you disagree with these terms, are under 18, have been banned from our services, or if it’s illegal for you to use our services, then you must not use them.
Subscriptions to our services auto-renew unless you cancel according to section 7.2. Be aware that section 15 includes an arbitration agreement, requiring individual arbitration for disputes, rather than court or class actions, unless you opt-out.
Additional terms may apply to certain services. We may update these terms at any time, and continued use after such changes constitutes acceptance.
The services allow you to integrate and automate workflows through our platform, with provisions for personal or internal business use under certain restrictions.
You must register for an account to access some features, and you agree to provide accurate information. You’re responsible for your account and must not share access.
You retain ownership of your content but grant us the right to use it as part of our service. We reserve the right to remove any content that violates our agreement.
Airscale retains all rights to the services, and your feedback on our services becomes our property to use freely.
We may investigate and act upon any violations of this agreement.
Lastly, our services may link to third-party services, which are governed by their own terms and not endorsed by Airscale. Use them at your own risk.
Overview of the Services
Airscale's platform empower users to integrate apps, APIs, and software code to source, create, utilize data within an interface akin to a spreadsheet.
1.1 Limited License
In accordance with the Agreement, Airscale endows you with: (a) the right to access and use the Services; and (b) the authority to display and modify, the features derived from the Services, with both (a) and (b) strictly for your personal or in-house business operations.
1.2 Certain Restrictions.
By accessing and utilizing Airscale's services, you consent that you shall not, nor will you allow any third party to: (a) license, vend, rent, sublet, transfer, delegate, replicate, host or commercially exploit the services or any segment of it; (b) frame or use framing techniques to encase any Airscale trademark, logo, or other Service components (including visuals, text, page layout, or format); (c) employ metatags or any "hidden text" bearing Airscale's name or trademarks; (d) alter, translate, adapt, merge, generate derivative works from, disassemble, decompile, reverse compile, or reverse engineer any part of the Services, barring such actions are explicitly disallowed by relevant law or are permissible by the Service's functionality; (e) apply any manual or automated tool, device, or method (including but not restricted to spiders, robots, scrapers, crawlers, avatars, data mining tools, etc.) to "scrape" or download data from the Services (we do grant revocable permission to public search engine operators to use spiders to copy materials from the Services for the sole aim of and only to the extent necessary for creating publicly accessible searchable indices of the materials, but not caches or archives of such materials); (f) access the Services to establish a similar or competitive website, application, or service; (g) duplicate, replicate, distribute, republish, download, display, post or transmit any content in any form or by any means not explicitly allowed herein or by the Services' features and functionality; (h) eliminate or obliterate any copyright or proprietary notices on or within the Services; or (i) take any action or distribute any Content on or through the Services that: (I) infringes on any intellectual property, privacy right, or any other right of any person or entity; (II) is unlawful, threatening, abusive, harassing, defamatory, deceitful, fraudulent, violates privacy, tortious, vulgar, offensive, or profane; (III) constitutes unauthorized or unsolicited promotion, junk or mass email; (IV) involves commercial activities and/or sales without Airscale's explicit written consent, such as competitions, trade, advertisements, or pyramid schemes; (V) impersonates any individual or entity, including any employee or representative of Airscale and other users; (VI) disrupts or attempts to disrupt the proper operation of the Services or uses the Services in any manner not expressly permitted by the Agreement; or (VII) tries to perform or performs, any potentially damaging actions directed against the Services, including but not limited to breaching or trying to breach any security features of the Services; introducing malware, worms, or similar destructive code into the Services; or interfering or attempting to interfere with the use of the Services by any user, host, or network, including through overloading, "flooding," "spamming," "mail bombing," or "crashing" the Services. Any future release, update, or addition to the Services is subject to the Agreement, unless Airscale specifies otherwise at the time of such release, update, or addition. Airscale, along with its suppliers and service providers, retains all rights not expressly granted in the Agreement. Any unauthorized use of the Services leads to the termination of the licenses provided by Airscale according to the Agreement.
Registration
2.1 Registering Your Account. In order to access certain features of the Services you may be required to register for an account on the Services (“Account”)
2.2 Registration Data. You agree to: (a) provide true, accurate, current, and complete information about yourself as prompted during the registration of your Account; and (b) maintain and promptly update the Registration Data to ensure it remains true, accurate, current, and complete at all times. You are responsible for all activities that occur under your Account. Sharing your Account or password with others is prohibited, and you agree to immediately notify Airscale of any unauthorized use of your password or any other security breach. Should you submit any information that is untrue, inaccurate, outdated, or incomplete, or if Airscale has reasonable grounds to suspect the information is not as described, Airscale reserves the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any part thereof). You agree not to maintain more than one Account with the Services at any time.
Content
3.1 Types of Content. You acknowledge that all scripts, files, materials, data, text, audio, video, images, or other content, uploaded or submitted by a user are the sole responsibility of that user. This means that you, not Airscale, bear full responsibility for all Content that you make available (“Make Available”) through the Services (“Your Content”).
3.2 No Obligation to Pre-Screen Content. You recognize that Airscale is under no obligation to pre-screen Content but reserves the right to pre-screen, refuse, or remove any Content at its discretion. By agreeing to these terms, you provide your irrevocable consent to such monitoring. Airscale may remove any Content that violates the Agreement or is otherwise objectionable at any time and at its sole discretion.
3.3 Content Provided by Other Users. The Services may include Content provided by other users. Airscale is not responsible for, does not endorse, and does not have any obligation to review, monitor, or make any representations regarding user-provided Content. Your interaction with such Content and other users is at your own risk.
3.4 Your Content. Airscale does not claim ownership of Your Content. By Making Available Your Content on the Services, you assert that you possess all necessary rights and authorizations to grant the licenses under these terms.
3.5 License Grant to Airscale. You grant Airscale, subject to your account settings, a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and display Your Content (in whole or in part) to operate and provide the Services to you and other users.
3.6 License Grant to Other Users. By Making Available Your Content, you grant other Service users a non-exclusive license to access and use Your Content as allowed by the Agreement and the Service's functionality.
3.7 Access to Your Content. Airscale is not obliged to store any of Your Content that you Make Available on the Services, unless explicitly agreed in writing. Airscale is not liable for any deletion, accuracy, failure to store, transmit or receive transmission of Content, or the security, privacy, or transmission of communications originating from the use of the Services. Services may allow you to set access restrictions for Your Content, for which you are solely responsible. Absent your specifications, the system may default to the least restrictive setting. Airscale reserves the right to set reasonable limits on the use and storage of Content, including file size, storage space, and processing capacities, as described in the Services or as otherwise determined by Airscale in its sole discretion.
4. Rights and Ownership
4.1 Generally. Airscale expressly reserve all of their rights, title and interest, including all intellectual property rights. Airscale and all related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Airscale and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. Except with respect to Your Content, you agree that you have no right, title or interest in or to any Content that appears on or in the Services except as expressly set forth herein.
4.2 Feedback. You agree that submission or provision of any ideas, suggestions, documents and/or proposals to Airscale related to Airscale or its products or services ("Feedback") is at your own risk and that Airscale has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Airscale a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Airscale.
5. Investigations
Airscale may, but is not obligated to, monitor or review the Services and Content at any time. Although Airscald does not generally monitor user activity occurring in connection with the Services or Content, if Airscale becomes aware of any possible violations by you of any provision of the Agreement, Airscale reserves the right to investigate such violations, and Airscale may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
6. Third party services
Airscale may may include links and integrations with websites, applications, ads, services, and application programming interfaces from third parties (collectively “Third-Party Services”), each governed by their own terms and conditions and privacy policies. These Third-Party Services are beyond Airscale's domain and control, and Airscale is not accountable for any such Third-Party Service. Airscale offers these Third-Party Services merely for your convenience and does not assess, affirm, supervise, guarantee, or assume responsibility for any Third-Party Services or their products, services, or functions, including those Third-Party Services. Engaging with Third-Party Services is at your sole risk. It is advised that you carefully read the relevant terms and policies, including those on privacy and data collection, of any Third-Party Service, and conduct any necessary investigations before engaging in any transaction with any third party.
7. Purchase terms
7.1 Payment. You agree to pay all fees or charges to your Account according to the fees, charges, and billing terms that are in effect when a fee or charge is due. Providing Airscale with a valid credit card (Visa, MasterCard, or any other issuer we accept) or a PayPal account (“Payment Provider”) is a prerequisite for switching from a free Subscription to a paid one. The agreement with your Payment Provider dictates your use of the specified credit card or PayPal account. You must consult that agreement, not this one, to understand your rights and liabilities. By giving Airscale your credit card number or PayPal account and associated payment details, you authorize Airscale to immediately bill your Account for all fees and charges due and payable to Airscale, and you acknowledge that no additional notice or consent is required, except as demanded by law. You commit to promptly informing Airscale of any changes to your billing address or the credit card or PayPal account used for payments. Airscale retains the right to modify its prices, charge for services that were previously free, and alter billing methods at any time, with immediate effect upon posting on the Services or via email to you. All fees are non-refundable, except as explicitly stated in the Agreement.
7.2 Automatic Renewal. Your Subscription will automatically renew at the end of each subscription period, continuing for another equivalent period at Airscale's current pricing for such Subscription. This automatic renewal applies unless you cancel your Subscription before the renewal date by accessing the “Account Settings” page. To alter or terminate your Subscription, please contact Airscale at support@airscale.run. If you cancel, you may use the Subscription until the end of the current term; it will not renew thereafter. However, you won't receive a prorated refund for any portion of the Subscription fee for the current period. If you fail to make timely payments: (a) you must pay all amounts due upon demand; and/or (b) Airscale may terminate or suspend your Subscription and may continue to charge your Payment Provider until payment is received, upon which your Account will be reactivated, and your new Subscription period will commence on the date payment is received.
7.3 Taxes. The payments under Section 7.1 do not include any Sales Tax that may be due in connection with the Services. If Airscale is legally required to collect Sales Tax from you, it will be added to the payments under Section 7.1. You are responsible for paying any Sales Tax to the appropriate tax authority, including any penalties or interest, if the Services or payments for the Services are taxable and you have not paid the Sales Tax to Airscale. You will indemnify Airscale for any costs related to such Sales Taxes. Upon Airscale's request, you will provide receipts or evidence that you have paid all required taxes. "Sales Tax" refers to any sales or use tax, and any other tax measured by sales proceeds, where no other sales or use tax is imposed.
7.4 Payment Processing Services. Airscale utilizes Stripe, Inc. (“Stripe”) for payment services such as card acceptance, settlement, and related services. Your use of the Platform and Stripe's services is governed by the Stripe Connected Account Agreement, which includes the Stripe Services Agreement and may be updated by Stripe (the “Stripe Agreement”). As a condition of Stripe's payment services, you must provide accurate and complete information about yourself and your business, and you authorize us to share this information with Stripe. All bank and credit card information is stored by Stripe under their security measures. Airscale does not keep your payment data and is not liable for its security. Your use of Stripe is contingent on your adherence to the Stripe Agreement, which, if terminated, could affect your ability to use the Services or result in the suspension or termination of your Account or Subscription. Airscale may introduce new payment processing services at any time, which you will be notified about and which may come with additional terms.
8. Indemnification
You are committed to indemnifying and holding Airscale, its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, an "Airscale Party" and collectively, the "Airscale Parties") harmless against all losses, expenses, damages, and costs (including reasonable attorneys' fees) resulting from any of the following: (a) Your Content; (b) your breach of the Agreement; (c) your infringement of the rights of any other party, including users; or (d) your breach of any applicable laws, regulations, or rules. Airscale retains the right to take over the exclusive defense and control of any matter for which you are normally obliged to indemnify Airscale, and you shall assist and cooperate with Airscale in defending any such claims. This clause does not oblige you to indemnify any Airscale Party for any party's grossly unfair commercial practices, or for their fraud, deceit, false promises, misrepresentations, or the concealment, suppression, or omission of any vital fact related to the Services offered. You acknowledge that this indemnification clause will remain in effect even after the termination of your Account, the Agreement, and/or your access to the Services.
9. Disclaimer of Warranties and Conditions
9.1 As is. you acknowledge and agree that, subject to applicable law:
Your use of the services, including any accessible content through the services, is entirely at your risk, and the services and content are offered "as is" and "as available," with all faults; airscale parties explicitly disclaim all warranties, representations, and conditions, whether express or implied, including those of merchantability, fitness for a particular purpose, and non-infringement that arise from utilizing the services; airscale parties do not guarantee that: (1) the services or any content accessed via the services will fulfill your needs; (2) your use of the services or content will be uninterrupted, timely, secure, or error-free; or (3) the outcomes obtained from using the services or content will be accurate or dependable; any content obtained or accessed via the services is done so at your own risk, and you are fully liable for any damage to your property, including your computer system and any devices used to access the services, or any other loss that results from accessing such content; and any advice or information, whether oral or written, received from airscale or through the services, will not constitute a warranty not stated herein.
9.2 Beta services. Occasionally, airscale may provide new "beta" features or tools for testing purposes. these are provided "as is" without warranty of any kind and may be altered or discontinued at airscale's discretion. This section fully applies to such beta features or tools.
9.3 No liability for conduct of third parties and users. You recognize that airscale parties are not responsible for the behavior of any third parties, including any content or third-party services they provide, or operators of external sites, and the risk of harm from such third parties lies solely with you. you are fully accountable for your interactions with other users of the services, and airscale does not verify the claims of its users.
9.4 Limitations. Despite the above, airscale parties do not renounce any warranty or other rights that they are prohibited from disclaiming under law.
10. Limitation of Liability
10.1 Disclaimer of Certain Damages. You understand and agree that, to the fullest extent permitted by applicable law, in no event shall Airscale parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection with the services, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, in each case whether or not Airscale has been advised of the possibility of such damages, arising out of or in connection with the agreement or any communications, interactions or meetings with other users of the services, on any theory of liability, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory. The foregoing cap on liability shall not apply to liability of an Airscale party for (a) death or personal injury caused by an Airscale party’s negligence; or for (b) any injury caused by an Airscale party’s fraud or fraudulent misrepresentation.
10.2 Cap on Liability. Under no circumstances will Airscale parties be liable to you for more than the greater of: (a) the total amount paid to Airscale by you for the use of the service during the one-month period prior to the act, omission or occurrence giving rise to such liability; and (b) one hundred dollars ($100). The foregoing cap on liability shall not apply to liability of an Airscale party for: (a) death or personal injury caused by an Airscale party’s negligence; or for (b) any injury caused by an Airscale party’s fraud or fraudulent misrepresentation.
10.3 Content. Except for Airscale’s obligations to protect your personal data as set forth in Airscale’s privacy policy, Airscale assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, your content), user communications or personalization settings.
10.4 Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Airscale and you
11. Procedure for making claims of copyright infringement
It is Airscale's policy to revoke the membership privileges of any user who consistently infringes copyright after receiving timely notification from the copyright owner or their legal agent. If you believe that your work has been copied and made available on the Services in a manner that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work you claim has been infringed; (c) a description of where on the Services the material you claim is infringing is located; (d) your address, telephone number, and email address; (e) a statement from you affirming a sincere belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a sworn declaration by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on their behalf. The contact information for Airscale's Copyright Agent for notice of claims of copyright infringement is as follows: support@airscale.io.
12. Remedies
In the case that Airscale, at its sole discretion, finds that you have violated any part of the Agreement, or have displayed behavior unsuitable for the Services, Airscale reserves the right to, in addition to any remedies available to Airscale under this Agreement or under applicable law:
-Remove any of Your Content submitted by you or your agent(s) to the Services;
-Rerminate your registration(s) with any of the Services, including any Airscale community;
-Cancel your subscription to any Services; and/or
-Inform and/or forward Content to and cooperate fully with the appropriate law enforcement entities for further action.
13. Term and termination
13.1 Term. The Agreement will continue to be in effect until it is terminated according to the terms of the Agreement.
13.2 Termination of Services by Airscale. Airscale can suspend or end your rights to use the Services (including your Account) at any time for any reason at its sole discretion, particularly for any use of the Services that breaches the Agreement. You acknowledge that Airscale is not liable to you or any third party for the termination of your Account.
13.3 Termination of Services by You. If you wish to terminate your Account or the Agreement, you may do so by: (a) notifying Airscale at any time at: support@airscale.io or (b) going to the “management page” on your Account and choosing “cancel my account.” SUBSCRIPTION SERVICES WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION FOLLOWING THE GUIDELINES IN SECTION 7.2.
13.4 Effect of Termination. When any Service is terminated, your Account and right to use the Service will end immediately. You understand that termination of Services might lead to the deletion of Your Content from our live databases. Airscale is not liable to you for any suspension or termination, including for the deletion of Your Content. All parts of the Agreement that naturally should continue past the end of the Services, will do so, including but not limited to, ownership clauses, warranty disclaimers, and limitations of liability.
14. International users
The Services are accessible globally and may include references to Services and Content that are not provided in your country. Such references do not suggest that Airscale plans to introduce such Services or Content in your country. Airscale manages and provides the Services from its premises in France. Airscale does not claim that the Services are suitable or available for use in other locations. Individuals who access or use the Services from other jurisdictions do so of their own accord and are accountable for adhering to their local laws.
15. Dispute resolution
15.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Airscale, will be resolved by binding arbitration, rather than in court, except that: (a) you may assert claims in small claims court if your claims qualify; and (b) you or Airscale may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
If you agree to arbitration with Airscale, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Airscale alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against Airscale in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this Agreement, including this Arbitration Agreement.
15.2 Arbitration Rules and Forum. In-progress.
15.3 Authority of Arbitrator. In-progress.
15.4 Waiver of Jury Trial. You and Airscale hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Airscale are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
15.5 Waiver of Class or Other Non-Individualized Relief. All claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class or collective basis; only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other claims shall be arbitrated.
15.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by emailing us at: support@airscale.io, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Airscale username (if any), the email address you used to set up your Account (if you have one) and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Airscale.
15.7 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
15.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Airscale.
15.9 Modification. Notwithstanding any provision in this Agreement to the contrary, Airscale agrees that if it makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing Airscale at: support@airscale.io.
16. General provision
16.1 Electronic Communications. The communications between you and Airscale may occur via electronic means, whether you access the Services or send Airscale emails, or whether Airscale posts notices on the Services or communicates with you via email. For contractual purposes, you: (a) consent to receive communications from Airscale in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Airscale provides to you electronically satisfy any legal requirement that such communications would satisfy if in writing.
16.2 Release. You hereby release Airscale Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that are either directly or indirectly related to or arise from your use of the Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Services.
16.3 Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Airscale’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
16.4 Force Majeure. Airscale shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
16.5 Questions, Complaints, Claims. If you have any questions, complaints, or claims with respect to the Services, please contact us at: support@airscale.io. Airscale will do its best to address your concerns. If you feel that your concerns have been incompletely addressed, you are invited to let Airscale know for further investigation.
16.6 Exclusive Venue. In-progress.
16.7 Governing Law. In-progress.
16.8 Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
16.9 Notice. Where Airscale requires you to provide an email address, you are responsible for providing your most current email address. If the last email address you provided to Airscale is not valid or for any reason is not capable of delivering to you any notices required/permitted by the Agreement, Airscale’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Airscale at the following email: support@airscale.io. Such notice shall be deemed given when received by Airscale by letter delivered by a nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
16.10 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
16.11 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
16.12 Export Control. In-progresss.
16.13 Consumer Complaints. In-progress.
16.14 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
17. Data security
17.1.1 Breach Notification. Airscale will promptly, without undue delay, notify the Customer in the event of any unauthorized access or disclosure of Raw Data. Airscale Labs will not notify any regulatory authority, consumer, or other person of unauthorized access or disclosure to Raw Data on behalf of the Customer unless explicitly requested in writing by the Customer to do so.
17.1.2 Security Standards. Airscale will uphold appropriate administrative, physical, and technical safeguards, which will include measures designed to prevent unauthorized access to or disclosure of Raw Data.
17.2.1 Availability. The service will be available with an uptime percentage of at least 99.9%, measured monthly, excluding holidays, weekends, and scheduled maintenance as per Airscale Labs’s then-current policies and schedules. If the Customer requests maintenance during these hours, such maintenance will not be included in uptime or downtime calculations. Moreover, any downtime resulting from outages of third-party connections or utilities, or other reasons beyond Airscale's control, will be excluded from these calculations. The Customer's sole and exclusive remedy, and Airscale's entire liability for service availability issues, is that for every downtime period lasting longer than six hours, Airscale's will credit the Customer 5% of the service fees for each period of 6 or more hours of downtime; however, only one credit will be provided per day. Customers can subscribe to Airscale's downtime notification service or notify Airscale of any outages they identify. Downtime credits will be applied to the Customer’s next service payment and will not be refunded. Credits for downtime are capped at one week's worth of service fees per calendar month.
17.3.1 Process Integrity. The Customer is responsible for obtaining and maintaining all telecommunications, hardware, software, and Internet connectivity needed to access the Service, as well as enabling integration with any systems required for the operation of the Subscription Service. The Customer and its Authorized Users will have access to Raw Data and will be accountable for any alterations or deletions. The Customer is obliged to use reasonable efforts to prevent unauthorized access or use of the Subscription Service, protect Access Protocols, and notify Airscale Labs of any such unauthorized use. The Customer will ensure the accuracy, integrity, legality, and reliability of all Raw Data. The Subscription Service is not licensed for use in connection with any time-critical or mission-critical functions. The Customer warrants that any Raw Data provided to the Subscription Service will not infringe on any intellectual property rights, be deceptive, defamatory, obscene, or unlawful, or contain harmful code intended to damage Airscale Labs’s systems or data. Airscale Labs reserves the right to monitor use of the Subscription Service for compliance with the terms of this Agreement.
17.3.2 The Customer will not input any personal health information regulated by the Health Insurance Portability and Accountability Act or similar laws into the Raw Data unless a separate agreement permitting such data processing is in place. Additionally, the Customer will not include any payment card data as defined by the Payment Card Industry Data Security Standard. The Customer confirms that its use of the Subscription Service will comply with all applicable laws and that the Raw Data does not contain any data that would violate such laws if processed as contemplated by this Agreement. The Customer grants Airscale Labs the rights necessary for any system integration required for the implementation and operation of the Subscription Service.
17.4.1 Confidentiality. Each party may share Confidential Information with the other during the term of this Agreement. The Receiving Party will not use or disclose any Confidential Information of the Disclosing Party except as permitted under this Agreement. Access to Confidential Information will be limited to those who need to know and who are bound by confidentiality obligations. The Receiving Party will protect the Confidential Information from unauthorized use or disclosure with the same degree of care it uses to protect its own information, but with no less than reasonable care. Upon request or termination of the Agreement, the Receiving Party will return or destroy all copies of Confidential Information. Confidentiality obligations do not apply to information that is public, lawfully received from a third party, already known to the Receiving Party, independently developed by the Receiving Party, or required by law to be disclosed.
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Experience the new standard in lead generation
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Experience the new standard in lead generation