Terms of Service
Last updated: September 3, 2024
These Terms of Service contain important legal information, including mandatory arbitration and class action waiver provisions. Please read carefully before using our services.
Agreement Overview
These Terms of Service ("Agreement") constitute a binding contract between you ("Customer," "you," or "your") and AIREA, Inc. ("AIREA," "we," or "us"). This Agreement governs your access to and use of the AIREA platform and services ("Services").
**PLEASE READ THIS AGREEMENT CAREFULLY.** It includes important information regarding your legal rights and obligations, including a mandatory arbitration agreement, a class action waiver, and limitations of liability.
By clicking "I Accept" or by accessing or using our Services, you acknowledge that you have read and understood this Agreement and agree to be legally bound by its terms. If you do not agree to these terms, do not access or use the Services.
Key Definitions
**Aggregated Statistics:** Data and information related to Customer's use of the Services, used by AIREA in an aggregated and anonymized manner, including to compile statistical and performance information related to the operation of the Services.
Authorized User:
Customer's employees, consultants, contractors, and agents who are authorized to access and use the Services under the rights granted to Customer pursuant to this Agreement.
Customer Property:
Content, data, or other materials provided by Customer to AIREA for processing via the Services, including Input and Output as defined herein.
Input:
The information you input into the Services, to which you own or have the right to use the intellectual property rights.
Output:
The content generated by the Services based on the Input.
AIREA Property:
The Services, Documentation, and all other materials and software provided by AIREA. For the avoidance of doubt, AIREA Property does not include Customer Property.
Services:
The online and/or mobile services, websites, and software provided by AIREA.
Access and Use
**Eligibility:** This Agreement is between you and AIREA. You may only use the Services if you can form a legally binding contract and are in compliance with this Agreement and all applicable laws. Use of the Services by anyone under 13 years old (or under 16 in Europe) is strictly prohibited.
Provision of Access:
Subject to your payment of applicable fees and compliance with this Agreement, AIREA grants you a non-exclusive, non-transferable right to access and use the Services during the Term, solely for your internal business operations by Authorized Users.
Accounts:
You must provide accurate and complete information when creating a Customer Account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Use Restrictions:
You may not: • Copy, distribute, or resell the Services • Use automated systems to access the Services in a way that sends more request messages than a human can reasonably produce • Attempt to interfere with the integrity or security of the Services • Engage in any other prohibited activities as outlined in this Agreement
Suspension:
AIREA may suspend or terminate access to the Services for any reason, including breaches of this Agreement, security risks, or legal prohibitions.
Intellectual Property Rights
**Customer Property:** AIREA does not claim ownership of Customer Property. By submitting Customer Property, you grant AIREA a license to use, reproduce, and distribute your Customer Property for the purposes of providing the Services.
AIREA Property:
AIREA retains all rights, title, and interest in AIREA Property. You may not use AIREA Property for any purpose not expressly permitted by this Agreement.
DMCA Notice:
AIREA respects intellectual property rights and will respond to DMCA-compliant notices of alleged copyright infringement. Please refer to AIREA's DMCA policy for details on how to submit a notice.
Fees and Payment
**Billing Policies:** Use of the Services may be subject to fees as outlined on our Pricing and Payment Terms page. AIREA reserves the right to change fees at any time.
No Refunds:
All fees are non-refundable, including if your account is terminated.
Free Trials:
If offered, free trials will automatically convert to paid subscriptions unless canceled before the trial ends.
Automatic Renewal:
Subscriptions automatically renew unless canceled. By using the Services, you authorize AIREA to charge your payment method for renewal fees.
Payment Information:
You must provide accurate payment information and agree to pay all charges incurred.
Legal Terms
**Warranty Disclaimer:** THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. AIREA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Indemnification:
You agree to indemnify and hold AIREA harmless from any claims arising out of your use of the Services, violation of this Agreement, or infringement of any third-party rights.
Limitations of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIREA'S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNTS PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM OR $50, WHICHEVER IS GREATER. AIREA IS NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
Governing Law:
This Agreement is governed by the laws of the State of California without regard to its conflict of laws principles.
Arbitration:
Any disputes arising under this Agreement will be resolved through binding arbitration.
Class Action Waiver:
You waive the right to participate in class actions or jury trials for any disputes arising out of this Agreement.
Customer Responsibilities
Acceptable Use Policy:
You must comply with AIREA's Acceptable Use Policy and all applicable laws when using the Services.
Account Use:
You are responsible for all use of the Services under your account, including compliance by your Authorized Users.
Passwords and Access Credentials:
You are responsible for maintaining the confidentiality of your passwords and access credentials.
Third-Party Products:
The Services may allow access to Third-Party Products, which are subject to their own terms and conditions. AIREA is not responsible for any Third-Party Products.
Confidential Information
Each party agrees to protect the Confidential Information of the other and to only use it for purposes related to this Agreement. Obligations of confidentiality extend for five years after disclosure, except for trade secrets, which are protected indefinitely.
Miscellaneous
Entire Agreement:
This Agreement constitutes the entire agreement between you and AIREA regarding the Services.
Modifications:
AIREA may modify this Agreement at any time, with changes becoming effective upon posting.
Assignment:
You may not assign this Agreement without AIREA's prior written consent.