Airwise

BETA

Terms of Service

Please read these Airwise Terms of Service (the “Airwise Terms”) carefully as they govern your access to and use of the Airwise website and services. The Airwise website and services together are hereinafter collectively referred to as the "Airwise Platform". By accessing or using the Airwise Platform, you are agreeing to be bound by the terms of this agreement, whether or not you become a registered user. If you are unwilling or unable to abide by the terms of this agreement, please do not access or use the Airwise Platform.

You represent that you have read and understood our privacy policy which is available at https://airwise.io/privacy.

Relationship

The Airwise Platform is an online venue for knowledge sharing where registered users ("Members") may use our services to directly interact with one another. You understand and agree that Airwise is not a party to any agreements entered into between Members. Airwise has no control over the conduct of Members or other users of the Airwise Platform or over any services provided by Members over the Airwise Platform, and disclaims all liability in this regard to the maximum extent permitted by law.

You understand and agree that your relationship with Airwise is limited to being a Member and not an employee, agent, joint venturer or partner of Airwise for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Airwise. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Airwise, including by using any Airwise intellectual property in an unauthorized or inappropriate manner.

Modification

Airwise reserves the right, at its sole discretion, to modify the Airwise Platform and to modify these Airwise Terms, at any time and without prior notice. By continuing to access or use the Airwise Platform you are indicating that you agree to be bound by the modified Airwise Terms. If the modified Airwise Terms are not acceptable to you, your only recourse is to cease using the Airwise Platform.

Eligibility

The Airwise Platform is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.

WHILE WE USE GOOD FAITH EFFORTS TO CONFIRM THAT EACH MEMBER ON THE AIRWISE PLATFORM IS PROFESSIONAL, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE CHARACTER OR OTHER QUALITIES OF MEMBERS AND THE ACCURACY OF THE INFORMATION MEMBERS PROVIDE VIA THE AIRWISE PLATFORM. WHEN INTERACTING WITH OTHER MEMBERS YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DON’T KNOW. NEITHER AIRWISE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBERS OF THE AIRWISE PLATFORM. AIRWISE AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE AIRWISE PLATFORM.

License Grant

Subject to and conditioned on compliance with these Airwise Terms, Airwise hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, terminatable license to access and use the Airwise Platform. Except as expressly set forth in these Airwise Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display or sell in any form or by any means, in whole or in part, the Airwise content, other Members’ content or the Airwise Platform without Airwise’s express prior written permission.

The licenses granted to you are conditioned upon your proper conduct and compliance with these Airwise Terms at all times, as judged by Airwise in Airwise’s sole discretion. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Airwise Platform.

Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit, store or transmit content. By making available any content on or through the Airwise Platform, you hereby grant to Airwise a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Airwise Platform. Airwise does not claim any ownership rights in any Member content.

You acknowledge and agree that you are solely responsible for all content that you make available through the Airwise Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all content that you make available through the Airwise Platform or through Airwise promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Airwise the rights in such content, as contemplated under these Airwise Terms; and (ii) neither your content nor your posting, uploading, publication, submission or transmittal of your content or Airwise’s use of your content (or any portion thereof) on, through or by means of the Airwise Platform or Airwise promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

If you are a Member, you may share your content with other Members.

Airwise respects copyright law and expects its Members to do the same. If you believe that any content on the Airwise Platform infringes copyrights you own, please notify us.

Restrictions

We are under no obligation to enforce the Airwise Terms on your behalf against another Member. While we encourage you to let us know if you believe another Member has violated the Airwise Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

You agree not to, and will not assist, encourage, or enable others to use the Airwise Platform to:

  • Violate any third party's rights, including any breach of confidentiality, or any infringement of copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right;
  • Upload any content that is indecent, libelous, defamatory, obscene, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
  • Solicit personal information from minors, or submit or transmit pornography;
  • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  • Promote a business or other commercial venture or event, or otherwise use the Airwise Platform for commercial purposes, except as expressly permitted by Airwise or contemplated by these Airwise Terms;
  • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Airwise Platform’s search results or the search results of any third-party website; or
  • Violate any applicable law.

You also agree not to, and will not assist, encourage, or enable others to:

  • Violate these Airwise Terms;
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Airwise Platform, any Airwise content or other Members’ content, except as expressly authorized by us;
  • Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Airwise Platform, any Airwise content or other Members’ content;
  • Reverse engineer any portion of the Airwise Platform;
  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Airwise Platform or on any materials printed or copied from the Airwise Platform;
  • Record, process or mine information about other Members;
  • Access the Airwise Platform by means other than through the public interfaces we provide to you;
  • Reformat or frame any portion of the Airwise Platform;
  • Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Airwise Platform, as determined by Airwise in Airwise’s sole discretion;
  • Attempt to gain unauthorized access to the Airwise Platform, Airwise accounts, computer systems or networks connected to the Airwise Platform through hacking, password mining or any other means;
  • Use the Airwise Platform, any Airwise content or other Members’ content to transmit any computer viruses, worms, defects, Trojan horses or any other computer code, files or programs designated to interrupt, destroy or limit the functionality of the Airwise Platform;
  • Use any device, software or routine that interferes with the proper working of the Airwise Platform or otherwise attempt to interfere with the proper working of the Airwise Platform;
  • Use the Airwise Platform to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Airwise Platform, any Airwise content or other Members’ content;
  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Airwise Platform, features that prevent or restrict the use or copying of any Airwise content, or other Members’ content or features that enforce limitations on the use of the Airwise Platform;
  • Authorize any third party to use Airwise Platform through your Airwise account, or schedule any services on behalf of any individuals other than yourself; or
  • Solicit and/or recruit Airwise Members to work or study on other software or language learning platforms.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to these restrictions (even if permissible under applicable law). Moreover, Airwise reserves the right to determine what conduct Airwise considers to be in violation of these Airwise Terms or otherwise outside the intent or spirit of the Airwise Platform. Airwise reserves the right to take action as a result of any such violation, which may include terminating your Airwise Account and prohibiting you from using the Airwise Platform in whole or in part.

Links

The Airwise Platform may contain links to third-party websites or resources. You acknowledge and agree that Airwise is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Airwise of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

Enforcement of Airwise Terms of Service

We may suspend or cancel your Airwise Account if we believe that you have violated or acted in a manner that is inconsistently with the letter or the spirit of these Airwise Terms, or violated our rights or those of a third-party in connection with your use of the Airwise Platform. Without limiting Airwise’s other remedies, we will suspend, cancel or terminate your Airwise account, suspend your ability to use certain portions of the Airwise Platform, freeze or confiscate your Airwise credits and/or ban you altogether from the Airwise Platform, without notice or liability of any kind, if: (a) you breach any terms and conditions of these Airwise Terms or any other written policies and procedures posted on the Airwise Platform; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Members or for Airwise.

Once suspended or terminated, you may not continue to use the Airwise Platform under a different Airwise account or re-register under a new Airwise account. This includes usage of any associated services. In addition, violations of these Airwise Terms may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If you engage in actions or activities which circumvent the Airwise Platform or otherwise reduce service fees owed or paid to Airwise under these Airwise Terms, you will be liable to Airwise for the full amount of the service fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of your Airwise account. Airwise reserves the right to terminate any Member or project for any reason, at its sole discretion and to refuse to provide registration and membership to you in the future. If your membership is canceled, you may no longer have access to data, messages, files and other material you store at the Airwise Platform.

Disclaimers

THE AIRWISE PLATFORM PROVIDED BY AIRWISE AND THE SERVICES PROVIDED BY AIRWISE, ANY OF OUR LICENSORS OR MEMBERS ARE PROVIDED ON AN "AS IS," AND AS AVAILABLE BASIS, WITHOUT WARRANTY, AND “WITH ALL FAULTS”, WITH THE EXPRESS UNDERSTANDING THAT AIRWISE MIGHT NOT MONITOR, CONTROL OR VET MEMBER CONTENT OR ANY CONTENT FROM THIRD PARTY. AIRWISE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE. YOUR USE OF THE AIRWISE PLATFORM IS AT YOUR OWN DISCRETION AND RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE AIRWISE PLATFORM BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN ADDITION, NOTWITHSTANDING ANY FEATURE A MEMBER MAY USE TO FIND AND CONNECT WITH OTHER MEMBERS, EACH MEMBER IS RESPONSIBLE FOR NEGOTIATING A CONTRACT WITH OTHER MEMBERS AND AIRWISE DOES NOT PROVIDE ANY WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES PURCHASED BY A MEMBER ON THE AIRWISE PLATFORM. AIRWISE DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY MEMBER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.

Limitation of Liability

IN NO EVENT SHALL AIRWISE, OUR LICENSORS OR THE MEMBERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THESE AIRWISE TERMS, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE AIRWISE TERMS, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE AIRWISE PLATFORM PROVIDED UNDER THESE AIRWISE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY.

Indemnification

You agree to indemnify, defend and hold Airwise harmless, including against all costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Airwise Platform, (ii) your decision to submit postings and accept offers from other Members, (iii) any breach of contract or other claims made by Members with which you conducted business through the Airwise Platform, (iv) your violation of these Airwise Terms, (v) any products or services purchased or obtained by you in connection with the Airwise Platform, (vi) any liability arising from the tax treatment of payments to Members, (vii) any negligent or intentional wrongdoing committed by you on or through the Airwise Platform, (viii) any infringement by you, or any third party using your Airwise account, of any intellectual property or other right of any person or entity, (ix) your failure to pay or dispute of any fees owed to any Member or any other amounts owed to other Members; and/or (x) your failure to satisfy your obligations as a Member or to a Member. Airwise reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Airwise and you agree to cooperate with Airwise’s defense of these claims. You agree not to settle any such matter without the prior written consent of Airwise. Airwise will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of such claim, action or proceeding.

Suspension, Termination or Cancellation

You may terminate these Airwise Terms at any time by closing your Airwise account and discontinuing your use of the Airwise Platform. You have the right to cancel your Airwise account at any time.

We may suspend, cancel or terminate your Airwise account, suspend your ability to use certain portions of the Airwise Platform, freeze or confiscate your Airwise credits and/or ban you altogether from the Airwise Platform for any reason or for no reason, and without notice or liability of any kind. Reasons for such suspension, cancelation or termination may include, but are not limited to, if we believe in good faith that (a) you, a related person, or your Employee (to the extent you are a Company) has engaged in any of the restricted conduct described in the section “Restrictions” or otherwise violated or may have violated these Airwise Terms or any other written policies, or (b) your Airwise account and use of the Airwise Platform have been inactive for more than twelve (12) months. To the extent that you violate these Airwise Terms and we revoke the licenses granted to you, you will lose all benefits and privileges associated with the Airwise Platform. We are under no obligation to compensate you for any such losses.

We reserve the right to stop making available any one or more of the Airwise Platform, at any time, whether on a temporary or permanent basis and without any liability, compensation, refunds or other compensatory benefits to you. Your license to the Airwise Platform automatically ends when we terminate access to such Airwise Platform. Any such action could prevent you from accessing your Airwise account, the Airwise Platform, any Airwise content, or any other related information.

In the event of any termination of these Airwise Terms, whether by you or Airwise, the following sections will continue in full force and effect: “Ownership”, “Member Content”, “Restrictions”, “Links”, “Enforcement of Airwise Terms of Service”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Suspension, Termination or Cancellation”, “Assignment”, “Notices”, “Feedback” and “General”.

Assignment

You may not assign or transfer these Airwise Terms, or any rights or obligations hereunder, by operation of law or otherwise, without Airwise’s prior written consent. Any attempt by you to assign or transfer these Airwise Terms without such consent will be null and of no effect. Airwise may assign or transfer these Airwise Terms, and any rights or obligations hereunder, at its sole discretion, without restriction. Subject to the foregoing, these Airwise Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Unless you otherwise indicate in writing to customer service, Airwise will communicate with you by email or by posting communications on the Airwise Platform. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Airwise sends the communication to the email address you have provided to Airwise on the Airwise Platform, or when Airwise posts such communication on the Airwise Platform. You must keep your email address updated on the Airwise Platform, and you must regularly check the Airwise Platform for postings. If you fail to respond to an email message from Airwise regarding violation, dispute or complaint within two business days, Airwise will have the right to terminate or suspend your Airwise account.

Feedback

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback and you irrevocably waive, and cause to be waived, against Airwise and other Members any claims and assertions of any moral rights that you may have with respect to such Feedback.

General

The failure of Airwise to enforce any right or provision of these Airwise Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airwise. Except as expressly set forth in these Airwise Terms, the exercise by either party of any of its remedies under these Airwise Terms will be without prejudice to its other remedies under these Airwise Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Airwise Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Airwise Terms will remain in full force and effect.

Contact

If you wish to report a violation of these Airwise Terms, have any questions or need assistance, please contact Airwise at: support@airwise.io