Last updated: 1/08/2023
Airteach, Inc. ("Airteach") is a Delaware corporation. In these Terms of Service, we will reference ourselves as “Airteach” or “we/us”. This document sets out the terms for use of our Platform. Our platform can be found at https://airteach.io, and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed or otherwise operated by Airteach. When referring to the infrastructure in these Terms, we will be collectively referring to them as the "Platform".
Our Terms of Service ("Terms") also includes our Privacy Policy and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the Airteach platform.
When we refer to “You” or “User”, we mean the entity you represent in accepting these Terms, or, if that does not apply, you individually. If you are accepting on behalf of your employer, your company, or another entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party you represent.
By using our Platform in any manner, You are expressly agreeing to, and give Your consent to be governed by, these Terms. If You do not agree with these Terms or You do not wish to be bound by these Terms, You must not use or access the Platform in any manner.
Airteach is not an educational institution, marketplace, or content provider. Our users, entrepreneurs, customers, and partners are not our employees. We are not responsible for any interactions between you and your customers, students, subscribers, or users (collectively, "End-Users"), other than providing the technology for you to make your content available. We are in no way liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of your relationship with your End-User, including any End-Users reliance upon any information or content that you provide.
1.1 Fees for our Product
You agree to pay Airteach any fees for each Product you purchase or use in accordance with the pricing and payment terms presented to you for that Product. We use a third party payment processor, Stripe, to bill you through a payment account linked to your Airteach account. The processing of payments will be subject to the terms, conditions and privacy policies of the applicable payment processor, in addition to this Agreement. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Airteach of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law. Included in your fee may be technical support in respect of the Product and it is only provided to Airteach customers. Airteach's support agents are not trained in custom-coding and technical support for any custom-coding is the responsibility of the customer and Airteach accepts no responsibility to provide such support. Unless otherwise indicated, all fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. In no event will Airteach credit, refund, or reimburse you for a foreign exchange fee charged by your credit card or for any difference in fees due to currency conversion.
1.2 Subscriptions
Our Product is billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a "billing cycle"). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing cycle. Your Subscription will automatically renew at the end of each billing cycle unless you cancel your account through your online account management page or by contacting us at support@airteach.io prior to the end of the billing cycle. While we will never want to lose a customer, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
If you initially sign up for a plan that includes a free or discounted trial period, and you do not cancel that account before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.
Airteach may change the price for Subscriptions from time to time and will communicate any price changes to You in advance and, if applicable, how to accept those changes. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, You accept the new price by continuing to use Your Subscription after the price change takes effect. If You do not agree with the price changes, You have the right to reject the change by canceling Your Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
We, through our third-party payment service provider, Stripe will keep your detailed payment information, such as non-sensitive credit card partial numbers and expiration date, on file. We do not access this information, except through provided programmatic methods by the provider(s). You are responsible for keeping your payment details up-to-date by changing the details in your account settings. When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent). This enables us to provide you access to the Product. You authorize us to continue to charge your credit card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription until applicable changes have occurred. You also agree that we may charge you via your payment method on file if you elect to restart your subscription.
Any change (including any upgrade, downgrade or other modification) to any plan by you in a trial period will end the trial immediately. You will be billed for your first term period (i.e. the first annual or monthly period) immediately upon upgrading. For any upgrade or downgrade in plan level after any trial period, your credit, debit, or other payment card will automatically be charged the new rate on your next billing cycle. You will be billed immediately for the prorated difference for the current billing cycle for any upgrade to any higher priced plan during that billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing cycle(s). This credit will not be refunded.
1.3 Taxes
Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.
(a) United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority. If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such documents current and accurate. If we subsequently determine in our sole discretion that your tax exemption document is valid, we will refund the sales tax collected.
(b) Non-United States Sales Tax. If applicable, we will charge you VAT, GST, or any other sales, consumption or use taxes that arise in connection with your purchases of our Product unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate or other documentary proof issued by an appropriate taxing authority that tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption, or use taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate. If you are required by law to withhold any Taxes from your payments to Airteach, you must provide Airteach with an official tax receipt or other appropriate documentation to support such payments.
1.4 Price Changes
Airteach may change the fees charged to you for the Services at any time, provided that, for Product billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Airteach will provide you with advance notice of any change in fees and you will have the opportunity to cancel your Subscription as set forth in Section 1.2.
1.5 Refund Policy
We want all new customers to be excited about working with us. In that regard, we provide a full no-questions-asked refund within thirty (30) days of first signing up with Airteach. Simply send us an email to support@airteach.io within thirty (30) days of your sign-up letting us know that you are canceling your plan. After that, all payments are nonrefundable and there are no refunds or credits for partially used subscription periods. As mentioned above, following any cancellation, you will continue to have access to the Product through the end of your current billing period. We reserve the right to refuse refunds to anyone who abuses this Refund Policy.
1.6 Authorized Payment Method
You must keep a valid payment method on file with Airteach to pay for all fees. Airteach will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Airteach will continue to charge the Authorized Payment Method for applicable fees until this Agreement is terminated, and any and all outstanding fees have been paid in full.
1.7 Delinquencies
If Airteach is not able to process payment of any fees using an Authorized Payment Method, Airteach will provide you with a notice regarding the payment failure (a “Payment Failure Notice”). If the outstanding fees are not paid within 14 days of Airteach providing a Payment Failure Notice, Airteach may (in its sole discretion) suspend and revoke your access to the Product or certain services within the Product. Your full access to the Product will be reactivated upon your payment of any outstanding fees, plus the fees applicable to your next billing cycle.
If the outstanding fees are not paid within 30 days of Airteach providing a Payment Failure Notice, Airteach may (in its sole discretion) terminate your access to the Product or certain services within the Product. Your full access to the Product will be reactivated upon your payment of any outstanding fees, plus the fees applicable to your next billing cycle.
You may not be able to access the Product or certain services within the Product during any period of suspension or after termination which may impact your ability to provide your Content, products and/or services to, or process payments from, your End-Users. Airteach is in no way liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of any impacts on your relationship with your End-Users as a result of any suspension or termination of your access to the Product. You agree to indemnify Airteach for any such disputes with your End-Users in accordance with this Section 3.
When you use the Platform, you agree that you will follow the following rules. If You violate this Code of Conduct, we reserve the right to remove You and any of Your User Content from the Airteach Platform. Whether conduct violates our Code of Conduct will be determined in Airteach’s sole discretion.
2.1 No Illegal Activity
Do not use the Airteach Platform for any illegal activity. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
2.2 No Fraud
Fraud will not be tolerated in any capacity.
2.3 No Bad Conduct
Do not use the Airteach Platform to transmit, distribute, send, or otherwise expose the Platform or its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
2.4 No Intellectual Property Infringement
You will not, or attempt to, make any unlicensed or unauthorized use of, or otherwise infringe violate or misappropriate, any patent, copyright, trademark, trade secret, right of privacy, right of publicity, or other intellectual property or proprietary right (collectively, “IP Rights”) of any entity or individual, including, without limitation, incorporating any original, variation or misspellings of any third-party trademarks, service marks, creative assets, or other brand identifiers without proper authorization;
2.5 No Spamming
You may not use the Airteach Platform to engage in any activities that will result in sending spam to anyone on the Airteach Platform, including Airteach (and its employees), Creators, and Students.
2.6 Be Civil
Be respectful and civil when You use the Airteach Platform.
2.7 No Exploitation
You will not use the Airteach Platform to try to gather personal information on anyone outside of the limited permissible uses for offering or accessing User Content.
2.8 No Impersonation
You will not impersonate anyone on the Airteach Platform, including Airteach (and its employees), Creators, and Students.
2.9 No Data Mining or Bots
You may not use any data mining, robots, or similar data gathering or extraction methods.
2.10 No Use Other Than Intended
You may not use the Platform or any User Content contained on the Platform for any purposes other than intended.
2.11 No Prohibited Content
You may not use the Platform if Your User Content contains material that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in Our sole discretion.
3.1 General
You agree that you are solely and exclusively responsible for your website and mobile applications and the entirety of your Content. To the fullest extent permitted by law, you will indemnify and hold harmless Airteach and its affiliates, officers, agents, licensors, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with (a) your or your end users’ use of the Product; (b) breach of these Terms or violation of applicable law by you, your users, or your Content, websites, mobile applications, or business; or (c) a dispute between you and your users.
3.2 Intellectual Property
You will defend Airteach and its affiliates, officers, agents, licensors, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim alleging that any of your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.
3.3 Process
We will (a) endeavor to give you prompt written notice of the claim; (b) permit you to control the defense and settlement of the claim; and (c) reasonably cooperate with you in the defense and settlement of the claim. In no event will you agree to any settlement of any claim that requires a commitment by us, without our written consent.
4.1 By you
You can terminate your Subscription and delete your account at any time through your account management page. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Product. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Product, unless the termination is due to our material, uncured breach or a refund is required by law.
4.2 By Airteach
Subject to the terms and conditions of this Agreement and Airteach's policies and procedures, Airteach shall use commercially reasonable efforts to provide the Platform in a manner that will not disrupt your business. You acknowledge and agree that from time-to-time, the Platform may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the reasonable control of Airteach or that are reasonably unforeseeable by Airteach, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Airteach is not liable for interruptions to the availability of the Platform and further acknowledge that Airteach does not guarantee access to the Platform on a continuous and uninterrupted basis.
Airteach may decline, remove or halt sales of any Digital Good or Physical Product, suspend or terminate an Account, and/or suspend or terminate the Platform at any time, in its sole discretion, without cause or notice to you or any penalty or liability for doing so.
Airteach, in its sole discretion, may suspend or terminate your Account(s), or retain any or all funds in your Balance, if Airteach suspects or has reason to believe and/or if a person otherwise claims that you have violated the law or breached any term of this Agreement. In addition to the foregoing, and all other rights and remedies available to Airteach at law or in equity and notwithstanding anything in the Agreement to the contrary, in the event you breach any term of this Agreement, or your Account becomes dormant and/or has a negative Balance, Airteach will have the right to immediately suspend or terminate your Account and your rights to access, use and/or otherwise participate in the Platform. Upon such termination, you agree to immediately cease all use of the Platform. Without limiting the foregoing, Airteach shall have the right to immediately terminate your access and use of the Platform, or any portion thereof, in the event of any conduct that Airteach, in its sole discretion, considers unacceptable. Following suspension or termination of an Account or retaining of funds pursuant to this Section, Airteach will review your Account in a manner determined by Airteach in its sole discretion. You agree to cooperate with this review if asked. If the review concludes that there is a reasonable basis to believe misconduct has occurred, you agree that Airteach may retain funds in your Airteach Account as liquidated damages and/or for the benefit of Airteach or third parties affected by the misconduct. You acknowledge and agree that such liquidated damages: (i) are not a penalty, and (ii) are reasonable and not disproportionate to such presumed damages to Airteach.
Airteach may temporarily withhold any portion of the funds in your Account if Airteach, in its sole discretion, determines such action is necessary to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness you may have incurred with Airteach or any Buyer.
4.3 Further measures
If Airteach stops providing the Product to you because you repeatedly or egregiously breach these Terms, Airteach may take measures to prevent your further use of the Product, including blocking your IP address.
5.1 Owned by Airteach
All right, title and interest in and to the Platform, including our information, software, technology, data, applications, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Airteach Content", and is and will remain the exclusive property of Airteach and its licensors. Airteach Content is protected by intellectual property rights both in the United States and internationally.
Your use of the Platform under these Terms does not give you additional rights in the Platform or ownership of any intellectual property rights associated with the Platform, including, but not limited to, any rights to use Airteach’s trademarks, logos, domain names, and other distinctive brand features. Subject to Your compliance with and the limitations set forth in these Terms, Airteach grants You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform and/or Airteach Services to fulfill your personal and commercial purposes.
You agree not to do any of the following while accessing or using the Platform and/or Airteach Services:
1. license, sublicense, sell, rent, lease, or otherwise permit third parties to use the Platform without Airteach’s express written consent (this license is only for Your use and you may not assign it to anyone else without our permission).
2. circumvent or disable any security or other technological features or measures of the Platform.
3. copy, modify, create derivative works of, decompile, reverse engineer, disassemble, or otherwise attempt to discover any source code of or any elements of the Platform, or use the Platform to compete with Airteach.
4. engage in any activity that would interfere with, damage, or harm the Platform and/or Airteach Services.
All rights not expressly granted by Airteach are reserved.
5.2 Owned by You
Any data, information or material originated by you that you upload or otherwise transmit through the Platform, including Creator Content, (“User Content”) is and remains Yours. Airteach does not claim any intellectual property rights over User Content by virtue of Your use of the Platform and/or Airteach Services.
By uploading User Content to the Airteach Platform, You agree that:
1. Airteach may review User Content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Airteach has no obligation to review anything that You upload.
2. You are uploading User Content to the Airteach Platform at Your direction and Airteach does not in any way certify or provide approval or permission prior to You uploading User Content.
3. Airteach may display User Content to other users (e.g. Your Students) via the Airteach Platform for the purpose of providing Airteach Services.
4. You agree that by uploading User Content to Our Platform, You are allowing Us to store Your User Content.
5. You agree to provide Airteach with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) User Content in furtherance of the Airteach Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers).
6. You are responsible for and own, or have the rights to use, all of Your User Content.
6.1 Changes to terms
You acknowledge and agree that Airteach may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Product, and to account for new Products or functionality. If an amendment is material, as determined in Airteach’s sole discretion, we may notify you by email and/or posting it to our website or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted, and apply to all access to and use of the Product thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted. If you do not want to agree to any changes made to the Terms, you should stop using the Product, because by continuing to use the Product you indicate your agreement to be bound by the updated terms.
6.2 Changes to the Product and Services
We are continually changing and improving our Product. Airteach may add, alter, or remove functionality from a Service it provides to you at any time without prior notice. Airteach may also limit, suspend, or discontinue a Service provided to you at our discretion. If we discontinue a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service. Airteach may remove content from the Product it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
6.3 Downgrades
Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.
In connection with this Agreement, Airteach may disclose to you and/or you may otherwise receive or have access to sensitive, confidential, and/or proprietary information of Airteach (collectively, “Confidential Information”). Except as required to perform your obligations under and in accordance with the terms of this Agreement, you shall not disclose or use the Confidential Information, without the express prior written consent of Airteach. You may not use any Confidential Information for the purpose of soliciting, or to permit others to solicit, Users to subscribe to any other services or promote the sale of any products that compete, either directly or indirectly, with Airteach or the functionality and services offered by the Platform. You agree and acknowledge that Airteach may be required to provide to governmental agencies or other third parties information in its possession regarding you or the business you conduct with Airteach or via the Platform.
Airteach does not invite and cannot accept any ideas or information you consider to be confidential and/or proprietary. Except with respect to your personally identifiable information (as expressly provided for in the Airteach Privacy Policy, any suggestions, submissions, comments, ideas, concepts, know-how, techniques material or feedback conveyed, offered or transmitted by you to Airteach, or otherwise in connection with the Platform (collectively, the “Submissions”), shall be deemed to be non-confidential and non-proprietary and Airteach shall have no obligation of any kind with respect to such Submissions, unless otherwise expressly agreed to in a writing executed by you and a duly authorized officer of Airteach. You hereby grant to Airteach and its licensees a worldwide, perpetual, non- exclusive, fully-paid, royalty-free, transferable right and license, with right to sublicense, to reproduce, publicly display, distribute, perform, transmit, edit, modify, create derivatives works of, publish, sell, commercially exploit, use, and disclose the Submissions for any purpose and in all forms and all media whether now known or to become known in the future. Airteach shall have no obligation to compensate you for any such Submissions in any manner. You hereby represent and warrant that: (a) you own or otherwise have the right to grant the foregoing license to Airteach with respect to your Submissions; and (b) your Submissions and any use thereof by Airteach will not infringe or violate the rights of any person. You are and shall remain solely responsible for the content of any Submissions you make and acknowledge that Airteach is under no obligation to respond to or use any Submission you may provide.
In the event you Promote or Deliver Digital Goods or Physical Products through the Platform, you agree to provide any such disclosures as may required by applicable law pertaining to your privacy and/or data protection policy and practices, including, to the extent required, disclosures that adequately describe your use of the Platform.
You agree that when you collect personal information about buyers through the Platform, including in connection with a purchase, you must provide the buyer a chance to remove themselves from your database and a chance to review what information you have collected about them. In addition, you agree that you will use personal information you receive through the Platform only for: Airteach transaction-related purposes that are not unsolicited commercial messages; using services offered through Airteach (such as shipping and fraud complaints), or other purposes that a User expressly chooses.
You acknowledge and agree that when you use the Platform to send emails, we may automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, and we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community, we do not permanently store that e-mail or use that email address for any marketing purpose. We do not rent or sell these email addresses.
If the EU General Data Protection Regulation (“GDPR”) applies to you in connection with your use of the Platform, upon your request, Airteach will make available a Data Protection Addendum (“DPA”) designed to meet the requirements of Article 28 of the GDPR pertaining to data processing. You may request Airteach’s DPA by emailing support@airteach.io. You agree not to collect any personal data through our Platform that may be governed by the GDPR before executing Airteach’s DPA. Notwithstanding the foregoing, if Airteach reasonably believes that your processing of personal data through the Platform is subject to the GDPR, Airteach may require you to execute its DPA as condition of your use, or continued use, of the Platform, and you authorize Airteach to take such remedial steps as may be warranted until such time as the DPA is executed.
Your use of the Platform is subject to our Privacy Policy.
You acknowledge and agree to comply with all applicable export laws, including the U.S. Export Administration Act, the Arms Export Control Act, the International Economic Emergency Powers Act, and the Foreign Corrupt Practices Act; and regulations issued pursuant to these and other U.S. Laws. You hereby represent and warrant that any Digital Good or Physical Product Promoted or Delivered is approved for export from the United States without additional authorization or licensing from the U.S. government. Should the export authorization status of your Digital Good or Physical Product change, you must immediately notify Airteach in writing. Information on U.S. export control regulations can be found on the websites of the U.S Department of Commerce, U.S. Department of State and the U.S. Department of the Treasury.
It is your sole responsibility to obtain and maintain all applicable consents, licenses and permits required for the operation of your business.
In no event shall any Airteach party, or its heirs, successors and assigns, be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, resulting from, or in connection with this agreement and/or any (a) use of or inability to use the platform, (b) personal injury, property damage, or losses of any kind, resulting from your access to and/or use of the platform, (c) unauthorized access to or use of any and all personal information and/or financial information stored therein, (d) interruption or cessation of transmission to or from the platform, and/or (e) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the platform, whether or not Airteach is advised of the possibility of such damages. Notwithstanding anything herein to the contrary, the maximum cumulative and aggregate liability of Airteach for all costs, losses or damages from claims arising under or related in any way to this agreement, whether in contract, tort or otherwise, shall not exceed an amount equal to the total amounts due and payable by Airteach to you under this agreement for the month immediately preceding the date upon which such damages accrue. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The platform, and any services or information offered through or in association with the platform, would not be provided without such limitations and you agree that the limitations of liability and disclaimers specified herein will survive and apply even if found to have failed of their essential purpose. Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, in such jurisdictions, you agree that the liability of Airteach shall be limited to the fullest extent permitted by such jurisdiction.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on or through the Platform, please notify Airteach’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Airteach to locate the material;
• Information reasonably sufficient to permit Airteach to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party must be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be sent to support@airteach.io. Only DMCA notices emailed to support@airteach.io will be accepted. All other inquiries or requests will be discarded. Upon receiving a complaint related to copyright infringement, Airteach may remove the content identified as being infringing. In addition, Airteach may, but is under no obligation to, terminate the Account of the party that appears to be the infringer.
California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Complaints or requests for further information can be sent to the address listed in the Contact Us section of these Terms.
The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. Any graphics or annotations provided in connection with this Agreement are for illustration purposes only and do not constitute part of the Agreement and changing a graphic does not qualify as a change to this Agreement. Neither You nor Airteach shall rely on, or interpret substantively, the headings when construing the meaning of each section or these Terms as a whole.
This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by Airteach are for informational purposes only and it is your obligation to obtain independent legal advice at your own expense to ensure you understand the terms of this Agreement.
Airteach may freely assign or transfer any or all of the rights and obligations described in this Agreement, or this Agreement in its entirety in connection with a merger, acquisition, or sale of assets or by operation of law or otherwise. You may not assign this Agreement or any of your rights and duties hereunder without the prior written consent of Airteach. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.
You may not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement; (ii) using Airteach's name or referencing the Platform; or (iii) suggesting or implying any endorsement by Airteach of you and/or any Digital Goods or Physical Products without the prior written approval of Airteach, which Airteach may withhold in its sole discretion.
These Terms constitute the entire agreement between you and Airteach, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.
The waiver or failure by Airteach to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of Airteach set forth in this Agreement are cumulative and are in addition to any rights or remedies Airteach may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
Whenever such wording may appear in these Terms, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.
If You have questions or concerns regarding these Terms, the Airteach Platform, or User Content, You may contact Us via sending email to support@airteach.io.