Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR ACCESSING THIS PLATFORM. BY USING OR ACCESSING THE PLATFORM, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE PLATFORM.
Thank you for using the Airkit platform. These terms of use (“Terms of Use”) govern your access and use of the Airkit platform, including all related information, tools, technology, content and services available from that platform (together, the “Platform”), which includes accessing or registering to use the Platform.
The Platform is owned and operated by Airkit Inc., a Delaware corporation, located at 2114 Broadway Street, Redwood City, California 94063 (“we”, “us” or “our”). When we say “you” or “your”, we mean any person who accesses or uses the Platform.
You are an end user of the Platform. We have a contract (“Customer Contract”) with the company you work for or the company which has directed you to access or use the Platform. That contract ultimately governs your access and use of the Platform. The intention of these Terms of Use is to inform you of your obligations as an end user of the Platform.
Table of contents
1. ACCEPTING THESE TERMS
2. YOUR RESPONSIBILITIES
3. AMENDING THESE TERMS
4. CHANGES TO THE PLATFORM
5. SETTING UP AN ACCOUNT
6. KEEPING YOUR ACCOUNT DETAILS SAFE
7. OUR CONTENT AND IP
8. USER CONTENT
9. THIRD PARTY TOOLS AND CONTENT
10. ACCEPTABLE USE
11. FEEDBACK
12. SUSPENSION AND TERMINATION
13. SOME FINAL TERMS
ACCEPTING THESE TERMS
- By accessing or using the Platform, you confirm that you have read, understand and accept the terms, and are agreeing to comply with these Terms of Use.
- If you do not agree with these Terms of Use you must not access or use the Platform.
YOUR RESPONSIBILITIES
- When using and accessing the Platform you must comply with all applicable laws.
- You must have access to the internet or other network service in order to access or use the Platform. We are not responsible for the failure of such internet or network services.
- You are responsible for making all arrangements necessary for you to have access to or use of the Platform and for ensuring that your device and software meets the minimum specifications and is configured correctly. You should use your own virus protection and firewall software.
- You are responsible for ensuring that all persons who access the Platform through your device or account are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
- By using the Platform, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any User Content or other information, text, media, graphics you submit or send to or through the Platform. This includes transmissions that are identified as secure or encrypted.
AMENDING THESE TERMS
- We may change, modify, add or remove portions of these Terms of Use or any other policies and rules at any time, for example, to reflect changes to the Platform, reflect our users’ needs, reflect changes to our business, reflect changes to our products, or to address security issues or changes in law.
- If we make a change to the Terms of Use, we will provide you with notice of the change by posting a notice explaining the changes on the Platform. If you do not agree to the amended Terms of Use, you will not be able to use or access the Platform.
- We therefore recommend that every time you wish to use or access the Platform you check these Terms of Use to ensure you understand the terms that apply at that time. Your continued use or access to the Platform after the posting of any changes constitutes acceptance of those changes.
We may update and change the Platform from time to time for example, to reflect our users’ needs, improve performance, reflect changes to our business, reflect changes to our products, or to address security issues or changes in law but we have no obligation to update any information on the Platform. Any new features or tools which we add to the current Platform are also subject to the Terms of Use.
SETTING UP AN ACCOUNT
- You need to register a user account to access or use the Platform. Any personal information you provide when registering must be accurate, up-to-date and truthful and you must keep such information up-to-date. You are responsible for all activity on your account or anything that happens using your user ID or password until you report misuse to us.
- By registering a user account or using the Platform, you confirm that you will comply with all applicable laws and your access or use of the Platform does not violate any applicable law.
KEEPING YOUR ACCOUNT DETAILS SAFE
- If you choose, or you are provided with, a user ID, password or any other piece of information as part of our security procedures, you must treat such information as secure and confidential. You are responsible for keeping this information safe and must not disclose it to any third party.
- For security purposes we recommend you do not re-use passwords you use for other services and that you choose a strong unique password (for example, a password combining upper and lower case letters, numbers and symbols).
- If you forget your password, you can request instructions to reset it. We only reply to the email address used to register your account.
- If, at any time, we reasonably believe that you have failed to comply with any part of these Terms of Use, or in response to any other security incident, we are entitled to disable any user ID or password, regardless of whether it was chosen by you or allocated by us. Taking this action does not limit any other rights we may have.
- If you know or suspect any unauthorised use of your account, user ID, password, or of any other security breach you must immediately notify us.
OUR CONTENT AND IP
- We are the owner or licensee of all intellectual property rights in the Platform and in the material published on it, including text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos and computer code, the design, structure, arrangement, selection, coordination, expression, and ‘look and feel’ of the Platform (together, “Our Content”). All of these rights are protected by copyright and other intellectual property laws around the world. All rights are reserved to the relevant owner or licensee of those works. No licence is granted to you in these Terms of Use or elsewhere to use any trade mark owned by us or any of our affiliates.
- Save as expressly provided for in the Customer Contract, you must not alter, reproduce, republish, sell, disseminate, distribute, transmit, broadcast or commercially exploit any part of Our Content or the design or look and feel of the Platform, unless we agree in writing in advance.
- We are entitled to investigate any suspected or actual improper, illegal, or unauthorised use of Our Content or the Platform (or any part of it) and we are entitled to take any legal action we deem appropriate.
USER CONTENT
- You are responsible for all communications, text, images, video, audio or other material and information that you upload or transmit on or through the Platform (“User Content”).
- We are entitled to remove any User Content if, in our opinion, that User Content does not comply with the requirements of these Terms of Use.
- We will not be responsible or liable to any third party, for the content or accuracy of any User Content provided by you or any other user of the Platform.
THIRD PARTY TOOLS AND CONTENT
- The Platform may include content or tools from third parties. If we provide access to these content and tools is done so on a ‘as is’ and ‘as available’ basis without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible or liable for the availability or accuracy of these third party content or tools, for your use of these tools and content, or for any dealings you may have with any third party in connection with or as a result of these content or tools.
- If you decide to use any third party content or tools that any use by you of such tools or content is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms and policies on which any content or tools are provided by the relevant third party provider(s).
ACCEPTABLE USE
- You must not (and you must not to allow anyone to) access or use the Platform or any of Our Content:
- in any manner inconsistent with these Terms of Use;
- in violation of any applicable law;
- for any unlawful, fraudulent, improper or malicious purpose or effect;
- for the purpose of harming or attempting to harm children in any way;
- to submit false or misleading information;
- to promote illegal activity or violence;
- in any way that infringes the legal rights (including the privacy or intellectual property rights) of any other person;
- to deceive any person, to impersonate any person, or to misrepresent your identity or affiliation with any person;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
- to transmit or procure the sending of content or material, that is defamatory, racist, sexist, false, misleading, discriminatory, hateful, obscene, offensive or otherwise objectionable to us, our staff, or any other individuals;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form or similar solicitation (‘spam’);
- to collect or track the personal information of others; or
- to harvest or collect any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers running our services.
- You must not (and you must not to allow anyone to):
- use the Platform in any way that could damage, compromise, overburden, disable or impair the Platform, anyone’s server, systems or networks, or that could interfere with any other person, including in such a way which could impact our ability to deliver the Platform to other users;
- circumvent the security features of the Platform or attempt to gain unauthorised access to the Platform, any part or feature of the Platform, or any servers, equipment, software, systems or networks associated with the Platform;
- use the Platform to obtain or attempt to obtain any materials or information through any means not intentionally made available to you;
- rent, lease, sub-license, loan, provide, or otherwise make available, the Platform in any form, in whole or in part to any person, unless we agree in writing in advance;
- without our express prior consent, reproduce, reverse-engineer, disassemble, de-compile, duplicate, copy, re-sell or create derivative works from the whole or any part of the Platform nor attempt to do any such things in violation of these Terms of Use;
- without our express prior consent, translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform, or allow the Platform or any part of it to be combined with, or become incorporated in, any other programs; or
- hack into or insert malicious code, such as viruses, or harmful data, into the Platform, or any other network or system.
FEEDBACK
- If you submit any creative ideas, feedback, suggestions, proposals, plans, or other materials to use which relate to the operation of the Platform (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback. We are under no obligation to: (a) maintain any Feedback in confidence; (b) pay any compensation for that Feedback; or (c) respond to any Feedback.
SUSPENSION AND TERMINATION
- These Terms of Use are effective unless and until terminated by either you or us.
- We may, at any time, limit, suspend or withdraw the availability of all or any part of the Platform or delete your User Content: (i) if you breach any term of these Terms of Use; (ii) if there is an unusual and material spike or increase in your use of the Platform and we believe that such traffic is fraudulent, malicious, or otherwise impacting our ability to deliver the Platform to other user; and/or (iii) for security issues or due to changes in law. We will try to give you prior reasonable notice of any limitation, suspension or withdrawal but are not required to.
SOME FINAL TERMS
- If we do not act to enforce these Terms of Use, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your violation of these Terms of Use, that will not mean that you do not have to do those things and we may take any relevant steps against you at a later date.
- Each of the paragraphs of these Terms of Use operates separately. If a court of competent jurisdiction determines any provision or part-provision of these Terms of Use to be invalid, illegal or unenforceable, it will be deemed deleted, but that does not affect the validity and enforceability of the rest of the Terms of Use.
- We are not responsible or liable for any failures or delays that arise from any cause outside our control.
The existence, formation, interpretation, operation and termination of these Terms of Use and any matters or disputes arising out of or in connection with them (whether contractual or non-contractual), are governed by and interpreted in accordance with the same laws as the Customer Contract and are subject to the jurisdiction of the same courts as the Customer Contract.