1.1 Our service
airguide™ is a cloud-based software platform that allows you (the
“User”) to upload and share digital information in the form of text,
links, graphics, photos, audio, videos, documents or other materials or
arrangements of materials uploaded (collectively referred to as
“Content”) with your customers, guests or tenants (the “End-user”). Our
“Service” comprises any and all functionalities and tools offered as
part of our “Sites” https://airguideapp.com and https://air.guide and
any sub-domains of these sites unless expressly excluded by their own
terms and conditions.
1.2 Modification or Discontinuation of the Service
We may add, modify or discontinue any feature, functionality or any
other tool, within the Service and/or Sites, at our own discretion and
without further notice. If however, we make any material adverse change
in the core functionality of the Service, then we will notify you by
posting an announcement on https://airguideapp.com and/or by sending you
an email. Some features and functionality may be available only with
certain versions of the Service.
1.3 No Contingency on Future Service Improvements
You hereby acknowledge that your purchase of the Service is not
contingent on the delivery by us of any future functionality or feature
improvements, including without limitation, the continuance of: (i) the
Service beyond its current Subscription Term; or (ii) Third Party
Services, or dependent on any private or public comments we make, orally
or in writing, regarding any future functionality or feature.
2.1 Our Intellectual Property
The Service and Sites, inclusive of materials, such as software, design,
text, editorial materials, informational text, photographs,
illustrations, audio clips, video clips, artwork and other graphic
materials, and names, logos, trademarks and service marks, any and all
related or underlying technology and any modifications, enhancements or
derivative works of the foregoing (collectively, “Airguide Digital Ltd
Materials”), are the property of Airguide Digital Ltd, and may be
protected by applicable copyright or other intellectual property laws
and treaties. As between you and Airguide Digital Ltd, Airguide Digital
Ltd retains all right, title and interest, including all intellectual
property rights, in and to the Airguide Digital Ltd Materials.
2.2 Your Access and Use Rights
Subject to the terms and conditions of these Terms, and your compliance
thereof, and specifically in strict compliance with our
Acceptable Use Policy, we
grant you a limited, worldwide, non-exclusive, non-transferable right to
access and use the Service and Sites, during the applicable Subscription
Term, solely for the User.
2.3 Use Restrictions
Except as expressly permitted in these Terms, you may not, and shall not
allow an Authorised User or any third party to: (i) give, sell, rent,
lease, timeshare, sublicense, disclose, publish, assign, market, resell,
display, transmit, broadcast, transfer or distribute any portion of the
Service or the Sites to any third party, including, but not limited to
your affiliates, or use the Service in any service bureau arrangement;
(ii) circumvent, disable or otherwise interfere with security-related
features of the Sites or Service or features that prevent or restrict
use or copying of any content or that enforce limitations on use of the
Service or Sites; (iii) reverse engineer, decompile or disassemble,
decrypt or, attempt to derive the source code of, the Service or Sites,
or any components thereof; (iv) copy, modify, translate, patch, improve,
alter, change or create any derivative works of the Service or Sites, or
any part thereof; (v) take any action that imposes or may impose (at
Airguide Digital Ltd’s sole discretion) an unreasonable or
disproportionately large load on the Airguide Digital Ltd infrastructure
or infrastructure which supports the Sites or Service; (vi) interfere or
attempt to interfere with the integrity or proper working of the Service
or Sites, or any related activities; (vii) remove, deface, obscure, or
alter Airguide Digital Ltd’s or any third party’s identification,
attribution or copyright notices, trademarks, or other proprietary
rights affixed to or provided as part of the Service or Sites, or use or
display logos of the Service or Sites without Airguide Digital Ltd’s
prior written approval; (viii) use the Service or Sites for competitive
purposes, including to develop or enhance a competing service or
product; or (ix) encourage or assist any third party (including other
Authorised Users) to do any of the foregoing.
2.4 Feedback
As a User of the Service and/or Sites, you may provide suggestions,
comments, feature requests or other feedback to any of Airguide Digital
Ltd’s Materials, the Service and/or the Sites (“Feedback”). Such
Feedback is deemed an integral part of Airguide Digital Ltd’s Materials,
and as such, it is the sole property of Airguide Digital Ltd without
restrictions or limitations on use of any kind. Airguide Digital Ltd may
either implement or reject such Feedback, without any restriction or
obligation of any kind. You (i) represent and warrant that such Feedback
is accurate, complete, and does not infringe on any third party rights;
(ii) irrevocably assign to Airguide Digital Ltd any right, title and
interest you may have in such Feedback; and (iii) explicitly and
irrevocably waive any and all claims relating to any past, present or
future moral rights, artists’ rights, or any other similar rights,
worldwide, in or to such Feedback.
3.1 Who May Use The Service
You may use the Service only as permitted by applicable law and in
compliance with our
Acceptable Use Policy. We
may review your conduct and Content for compliance with these Terms and
our
Acceptable Use Policy.
To use the Service you must be 18 or older. By accessing or using the
Service, you represent and warrant that you have the legal right to do
so and meet the age requirements. If you are accepting these Terms and
using the Service on behalf of a company, organisation, government, or
other legal entity, you represent and warrant that you are authorised to
do so and have the authority to bind such entity to these Terms, in
which case the words “you” and “your” as used in these Terms shall refer
to such entity.
3.2 Your Registration Information
To register to the Service for the first time, you are required to
create an account (“Account”) with the Service. When creating an
Account, you: (i) agree to provide us with accurate, complete, and
current registration information about yourself; (ii) acknowledge that
it is your responsibility to ensure that your password remains
confidential and secure; (iii) agree that you are fully responsible for
all activities that occur under your User Profile and Account
Credentials (collectively referred to as your “User Data”), including
any integration or any other use of third party products or services
(and associated disclosure of data) in connection with the Service; and
(iv) undertake to promptly notify us in writing if you become aware of
any unauthorised access or use of your Account or User Profile and/or
any breach of these Terms. We may assume that any communications we
receive under your User Profile have been made by you. You will be
solely responsible and liable for any losses, damages, liability and
expenses incurred by us or a third party, due to any unauthorised usage
of the Account by either you or any other User or third party on your
behalf.
3.3 Subscription and Billing
You do not need to pay to access the Service during your trial period.
Beyond your trial period, full access to the Service is only available
with a paid access plan (a “Subscription”). Fees for Subscriptions
(“Subscription Fees”) are due in advance for each billing period
(“Subscription Period"), with the initial payment due either (i) on the
date when your trial period ends, or (ii) if your trial has ended, on
the date when you complete set up of your Subscription. There are two
types of Subscription: (i) a Monthly Subscription, in which Subscription
Fees are paid and access to the Service is provided on a monthly basis,
and (ii) an Annual Subscription, in which Subscription Fees are paid and
access to the Service is provided on an annual basis.
Your Subscription begins as soon as your initial payment is processed
(your “Subscription Start Date”). Your Subscription will automatically
renew each Subscription Period without notice until you cancel. We use a
third party payment processor, Stripe, for payment services. By paying
for a Subscription, you agree to be bound by Stripe’s Privacy Policy:
https://stripe.com/privacy and authorise us and Stripe to share any
information and payment instructions you provide with your Payment
Provider and any other Third Party Service provider(s) solely required
to complete your transactions. You authorise us to store your payment
method(s) and to automatically charge your payment method(s) every
Subscription Period until you cancel. We will automatically charge you
the then-current rate for your plan, every Subscription Period upon
renewal until you cancel. We may change our fees and billing practices
at any time and we will notify you of any rate change with the option to
cancel.
Subscription Fees are calculated according to the quantity of units (or
“Guides”) which have been created and not subsequently deleted within
your account at the time of the Subscription cycle payment. When Guides
are created or deleted within a Monthly Subscription, the billing unit
quantity change takes effect from the next Subscription Period and no
pro-rata amount is billed or refunded for the period between the
creation or deletion of a Guide and the next Subscription Period. When
an additional Guide is created within an Annual Subscription, we will
automatically charge you the then-current rate for the additional guide
according to your plan on a pro-rata basis until the end of the current
Subscription Period. At the end of your current Subscription Period,
your Subscription will automatically renew at the then-current rate for
your plan on an annual basis. When Guides are deleted within an Annual
Subscription, the billing unit quantity change takes effect from the
next Subscription Period and no pro-rata amount will be refunded for the
period between the deletion of a Guide and the next Subscription
Period.
All Subscription Fees and other payments or credits related to your
Account will be made in accordance with the charges and billing terms in
effect when such payment is due. You must provide us with a valid credit
card or other payment method that we accept (“Payment Provider”), prior
to starting a Subscription. You will promptly update your Account if
there is any change to your payment information. If your primary payment
method fails, you authorise us to charge any other payment method in
your account.
Your Payment Provider agreement, and not these Terms, governs your use
of the designated credit card or online transaction account. By
providing your payment information, you agree that we may invoice you
for all fees and charges when they become due to us without additional
notice or consent.
Subscriptions will automatically renew at the rates then in effect until
cancelled as set forth in Section 3.4. By subscribing, you authorise us
to charge your Payment Provider at the beginning of any subscription
period. Upon renewal of your Subscription, if we do not receive payment
from your Payment Provider, you will pay all amounts due on your Account
within seven (7) days of the date such payment was due or we may
terminate your Subscription.
3.4 Termination of the Subscription
Subscriptions may be cancelled at any time by contacting us via email at
hello@airguideapp.com. Cancelled Subscriptions will retain access to the
service for the remainder of the term that has been prepaid by the User
(the Subscription Period), and no refund will be issued. We require 48
hours notice to cancel your Subscription. Upon receipt of a cancellation
request we will process the cancellation as promptly as possible. If
your cancellation request is sent to us within 48 hours of the next
billing date of your Subscription cycle, then we cannot guarantee that
the cancellation will be processed before payment for the next
Subscription cycle is processed. If such scenario occurs then the
Cancelled Subscription will retain access to the service for the
remainder of the term that has been prepaid by the User (the
Subscription Period) and no refund will be issued.
In the event that the Subscription expires or is terminated for whatever
reason, no portion of any payments of any kind whatsoever previously
provided hereunder shall be owed or be repayable or refunded to the
User.
Payment details are not required from you in order for you to access the
Service during your trial period. By entering your payment details, you
agree to begin a paid Subscription as soon as your initial payment is
processed (your “Subscription Start Date”), which will automatically
renew each Subscription Period without notice until you cancel. It is
your responsibility to understand these terms and manage your
Subscription to the Service. For the avoidance of doubt, refunds will
not be issued if you: (i) fail to acknowledge or understand these terms;
(ii) forget that you subscribed to the Service; (iii) do not make use of
the Service.
4.1 Content
Within the Service, digital information in the form of text, links,
graphics, photos, audio, videos, documents or other materials or
arrangements of materials (collectively referred to as “Content”) is
uploaded by the User or on behalf of the User by a representative of
Airguide Digital Ltd. Content is yours. These Terms don’t give us any
rights to your Content except for the limited rights that enable us to
offer the Service. We cannot use your Content for any other purpose
without prior written email approval from the User.
Content, whether created, uploaded, downloaded or shared by the User, an
authorised or unauthorised third party or an employee or representative
of Airguide Digital Ltd is the full responsibility of the User. It is
expected and agreed that the User will review Content prior to sharing
it with an End-user via the Service. Once Content is deleted from the
Service by either the User or by a representative of Airguide Digital
Ltd, it cannot be retrieved. It is the User’s responsibility to maintain
a copy of Content if so required.
4.2 Responsibility for Content
Airguide Digital Ltd does not take any responsibility for your Content,
including without limitation (i) the accuracy or quality of Content; and
(ii) the End-user’s interpretation or understanding of Content. Airguide
Digital Ltd does not accept any responsibility or liability for issues
or claims that might arise in relation to Content that has been read,
viewed, or heard by an authorised or non-authorised End-user via the
Service. For the avoidance of doubt, this includes sensitive information
including but without limitations, property addresses, property access
instructions, security codes, and internet connection passwords. It is
the User’s responsibility to ensure that Content and access to Content
is kept safe and secure and is not shared with unauthorised
End-users.
Airguide Digital Ltd does not accept any responsibility or liability for
issues or claims that might arise in relation to Content that has not
been read, viewed, or heard by any authorised or non-authorised End-user
via the Service. For the avoidance of doubt, this includes regulatory or
legal information including but without limitations, health and safety
regulations, gas, electrical and fire safety documents, insurance or
emergency contact or services details. It is the User’s responsibility
to ensure that such documents and information as required by applicable
law or governing entity shall be provided to End-users in a format
separate from the Service and the Service should not be relied upon to
provide such information to End-users. The User accepts full
responsibility and liability for Content uploaded to and shared via the
Service, and its use or non-use by the End-user.
4.3 Content Policy
Please read the
Acceptable Use Policy and
ensure that your Content is in strict compliance thereof. Please don’t
copy, upload, download, or share content unless you have the right to do
so. We reserve the right to remove Content that violates the
Acceptable Use Policy,
including for example, Content that is illegal, offensive, harmful,
fraudulent, or constitutes copyright or trademark violations or other
intellectual property misappropriation.
Our Privacy Policy describes how we
handle the information you provide to us when you use our Service. You
understand that through your use of the Service you consent to the
collection and use of this information, including the transfer of this
information to the United Kingdom, United States, and/or other countries
for storage, processing and use by Airguide Digital Ltd and its partners
(as set forth in the
Privacy Policy).
Help us keep your User Data and Content protected. Safeguard your
password to the Service, and keep your account information current.
Don’t share your account credentials or give others access to your
account. Airguide Digital Ltd accepts no liability for any events which
arise out of authorised or unauthorised use of the User’s account
credentials by a third party.
Airguide Digital Ltd makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service, Sites or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content, User Data and other communications maintained by the Service; (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (v) whether End-users of the service are authorised or non-authorised by the User; (vi) whether End-users will receive, view or have the means or ability to view or download Content shared via the Service, including but without limitation such Content the User is required to share with the End-user by applicable law or governing entity; (vii) how users will interpret or understand Content on the Service; (viii) the conduct of End-users in relation to Content on the Service; and (ix) whether the Service will provide the User or End-user with any benefit whatsoever. No advice or information, whether oral or written, obtained from Airguide Digital Ltd or through the Service or Sites, will create any warranty or representation not expressly made herein.
We may revise these Terms from time to time. The changes will not be
retroactive, and the most current version of the Terms, which will
always be at https://airguideapp.com/terms-of-service, will govern our
relationship with you. We will try to notify you of material revisions,
for example via a service notification or an email to the email
associated with your account. By continuing to access or use the Service
after those revisions become effective, you agree to be bound by the
revised Terms.
These Terms shall be construed in accordance with the laws of England
and Wales. The parties irrevocably agree that the Courts of England have
exclusive jurisdiction to settle any dispute or claim that arises out of
or in connection with the agreement.