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.

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.

Arbitration Agreement: The mandatory individual arbitration provision in Section 11(b).

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.

Class Action Waiver: The class action waiver provision in Section 11(c).

Confidential Information: Information about either party’s business affairs, products, intellectual property, trade secrets, and other sensitive information, whether disclosed orally or in written, electronic, or other form. Confidential Information does not include information that is public at the time of disclosure or becomes public through no fault of the receiving party.

Customer Account: Your account on the AIREA platform.

Customer Property: Content, data, or other materials provided by Customer to AIREA for processing via the Services, including Input and Output as defined herein.

Documentation: AIREA's user manuals, handbooks, guides, FAQs, and instructional videos related to the Services.

Input: The information you input into the Services, to which you own or have the right to use the intellectual property rights.

Intellectual Property Rights: All rights associated with intellectual property, including patents, copyrights, trademarks, trade secrets, and other proprietary rights.

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.

Output: The content generated by the Services based on the Input.

Services: The online and/or mobile services, websites, and software provided by AIREA.

Third-Party Products: Products, content, services, or materials owned by third parties that are accessible through or integrated with the Services.

Access and Use

(a) 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

(b) 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.

(c) Documentation License: AIREA grants you a non-exclusive license to use the Documentation during the Term, solely for your internal business purposes in connection with the use of the Services.

(d) 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.

(e) Use Restrictions: You may not: (i) copy, distribute, or resell the Services; (ii) use automated systems to access the Services in a way that sends more request messages than a human can reasonably produce; (iii) attempt to interfere with the integrity or security of the Services; or (iv) engage in any other prohibited activities as outlined in this Agreement.

(f) Aggregated Statistics: AIREA may collect and use Aggregated Statistics derived from Customer Property for its business purposes, provided that such statistics do not identify Customer or its Confidential Information.

(g) Reservation of Rights: All rights not expressly granted to Customer are reserved by AIREA. No licenses or rights are granted by implication or estoppel.

(h) Suspension: AIREA may suspend or terminate access to the Services for any reason, including breaches of this Agreement, security risks, or legal prohibitions.

(i) Changes to the Services: AIREA may change, suspend, or discontinue any aspect of the Services at any time without notice or liability.

(j) Processing of Personal Data: If Customer submits Personal Data to AIREA for processing, a Data Processing Addendum ("DPA") must be executed. AIREA's processing of Personal Data is governed by its Privacy Policy. Not sure what this means but since it’s data we may want the law firm to review.

(k) In-Product Cookies: AIREA uses cookies to collect information for the purpose of providing and improving the Services. By using the Services, you consent to the use of cookies in accordance with our Cookie Policy.

Intellectual Property Rights

(a) 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.

(b) 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.

(c) 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.

Customer Responsibilities

(a) Acceptable Use Policy: You must comply with AIREA's Acceptable Use Policy and all applicable laws when using the Services.

(b) Account Use: You are responsible for all use of the Services under your account, including compliance by your Authorized Users.

(c) Passwords and Access Credentials: You are responsible for maintaining the confidentiality of your passwords and access credentials.

(d) 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.

Fees and Payment

(a) 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.

(b) No Refunds: All fees are non-refundable, including if your account is terminated.

(c) Free Trials: If offered, free trials will automatically convert to paid subscriptions unless canceled before the trial ends.

(d) Automatic Renewal: Subscriptions automatically renew unless canceled. By using the Services, you authorize AIREA to charge your payment method for renewal fees.

(e) Payment Information: You must provide accurate payment information and agree to pay all charges incurred.

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.

Your use of the Services is subject to AIREA's Privacy Policy, which outlines how we collect, use, and protect your personal information.

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, Arbitration, and Class Action Waiver

(a) Governing Law: This Agreement is governed by the laws of the State of California without regard to its conflict of laws principles.

(b) Arbitration: Any disputes arising under this Agreement will be resolved through binding arbitration as outlined in Section 11(b).

(c) Class Action Waiver: You waive the right to participate in class actions or jury trials for any disputes arising out of this Agreement.

Miscellaneous

a) Entire Agreement: This Agreement constitutes the entire agreement between you and AIREA regarding the Services.

(b) Modifications: AIREA may modify this Agreement at any time, with changes becoming effective upon posting.

Please contact us at info@aireasolutions.ai with any questions regarding this Agreement.

Terms & Conditions

These Terms were last updated on September 3, 2024.