These Terms of Service (“Terms”) apply to your access and use of the airbubbl Service. The “airbubbl Service” includes our devices including associated firmware, applications, software, websites, APIs, products, and services.
These Terms are an agreement between you and Airlabs Limited, a British company with its registered office at 4th floor, 88 Baker Street, London, W1U 6TQ. When the Terms mention “Airlabs”, “we”, “us” or “our”, they refer to the party to your agreement that provides you with the airbubbl Service.
You must accept these Terms to create an airbubbl account and to access or use the airbubbl Service. If you do not have an account, you accept these Terms by using any part of the airbubbl Service. If you do not accept these terms, do not create an account or use the airbubbl Service. The Airlabs Pay Terms of Service are set out below and are incorporated into these Terms.
USE OF THE AIRBUBBL SERVICE
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the airbubbl Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the airbubbl Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the airbubbl Service.
You may only connect to the airbubbl Service using (i) a device that is manufactured, distributed, or sold by Airlabs itself or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not connect to the airbubbl Service with any device that is not manufactured, distributed, or sold by Airlabs itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Airlabs device); otherwise intends to resemble or purports to be a Airlabs device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the airbubbl Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact email@example.com.
CREATING AN ACCOUNT
Full use of the airbubbl Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. Airlabs is not liable for any losses or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Customer Support if you discover or suspect any security breach related to the airbubbl Service or your account.
Full use of the airbubbl Service is dependent upon your use of a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the airbubbl Service and it is your responsibility to ensure the equipment’s functionality.
POSTING YOUR CONTENT ON THE AIRBUBBL SERVICE
Airlabs may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, and other information and content (“Your Content”) to and via the airbubbl Service. You retain all rights to Your Content that you post to the airbubbl Service. By making Your Content available on or through the airbubbl Service you hereby grant to Airlabs a non-exclusive, transferable, sub-licensable, worldwide, royalty-free licence to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the airbubbl Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a licence to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on the airbubbl Service, and your use of the airbubbl Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the airbubbl Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the airbubbl Service, or which may expose us or our users to any harm or liability of any type.
Airlabs may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the airbubbl Service.
“Airlabs Content” includes any photos, images, graphics, video, audio, data, text, music and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the airbubbl Service. Airlabs Content, the airbubbl Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set out in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the airbubbl Service. Our logos and any other Airlabs trademarks that may appear on the airbubbl Service, and the overall look and feel of the airbubbl Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the airbubbl Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
WHAT YOU CAN DO ON THE AIRBUBBL SERVICE
The airbubbl Service is intended for your personal, non-commercial use.
Airlabs grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable licence to (1) access and use the airbubbl Service, (2) access and view the Airlabs Content, (3) access and use the software and mobile applications provided by the airbubbl Service, and (4) use the software that is embedded into Airlabs devices as authorized in these Terms. This licence is provided solely for your personal, non-commercial use and enjoyment of the airbubbl Service as permitted in these Terms.
You will not use, sub-license, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, licence, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Airlabs Content, airbubbl Service or any portion thereof, except as expressly permitted in these Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Airlabs or its licensors, except for the licences and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the airbubbl Service: (1) use, display, mirror, or frame the airbubbl Service or any individual element within the airbubbl Service, including the layout and design of any page, without Airlabs’ express written consent; (2) use Airlabs ‘ name, any Airlabs and airbubbl trademark or logo, or any Airlabs proprietary information without Airlabs’ express written consent; (3) access or tamper with non-public areas of the airbubbl Service, Airlabs’ computer systems, or the technical delivery systems of Airlabs’ providers; (4) test the vulnerability of any Airlabs system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Airlabs or any of Airlabs’s providers or any other third party (including another user) to protect the airbubbl Service; (6) access the airbubbl Service or Airlabs Content through the use of any mechanism other than through the use of an Authorized Connection, airbubbl Service, or Airlabs API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Airlabs provides to you or any other part of the airbubbl Service.
You are granted a limited, nonexclusive, and non-transferable right to create a text hyperlink to the airbubbl Service for non-commercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Airlabs’ sole discretion.
OUR ENFORCEMENT RIGHTS
We are not obligated to monitor access or use of the airbubbl Service, Airlabs Content, or Your Content or to review or edit any Airlabs Content or Your Content, but we have the right to do so for the purpose of operating the airbubbl Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the airbubbl Service, any Airlabs Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Airlabs Content, Your Content, or your use of the airbubbl Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the airbubbl Service, and in response may take any action we may deem appropriate.
USE THE AIRBUBBL SERVICE AT YOUR OWN RISK
If you rely on any Airlabs Content or the airbubbl Service, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the airbubbl Service, but we make no endorsement, representation, or warranty of any kind about any Airlabs Content, information, or services. The accuracy of the data collected and presented through the airbubbl Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the airbubbl Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.
Use of the airbubbl Service should not replace your good judgement and common sense. Please read and comply with all safety notices that accompany your use of the airbubbl Service.
Airlabs respects the intellectual property of others and expects its users to do the same. It is Airlabs ‘ policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders. Please see Airlabs’ DMCA/Copyright Policy.
TERMS OF SALE AND RETURNS AND WARRANTY
Airlabs’ Terms of Sale and Returns and Warranty Policy apply to purchases made from Airlabs. The Terms of Sale are incorporated into and are made a part of these Terms. All orders placed are subject to Airlabs’ acceptance. We may accept, decline, or place limits on your order for any reason.
FEEDBACK AND SUBMISSIONS POLICY
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Airlabs, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.
CONTESTS AND GIVEAWAYS
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Airlabs or its partners. It is your responsibility to carefully review those terms and conditions.
ALERTS AND NOTIFICATIONS
As part of your use of the airbubbl Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the airbubbl Service by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
CHANGES TO THE AIRBUBBL SERVICE
Airlabs may change or discontinue, temporarily or permanently, any feature or component of the airbubbl Service at any time without notice. Airlabs is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the airbubbl Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Airlabs products without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the airbubbl Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support. Upon any termination of these Terms or suspension, termination, or discontinuation of the airbubbl Service or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 10, 11, 13, 14, 16, 17, 19, 20, 21, 22, 23, 24, 25.
THE AIRBUBBL SERVICE AND AIRLABS CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE AIRBUBBL SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the airbubbl Service or Airlabs Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the airbubbl Service or any Airlabs Content.
You will indemnify and hold harmless Airlabs or its officials, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable lawyers’ fees, arising out of or in any way connected with (i) your access to or use of the airbubbl Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
LIMITATION OF LIABILITY
NEITHER AIRLABS, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE AIRBUBBL SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE AIRBUBBL SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRLABS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL AIRLABS TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE AIRBUBBLSERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO AIRLABS FOR USE OF THE AIRBUBBL SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO AIRLABS, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRLABS AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Airlabs arising out of or relating to these Terms of Service, the airbubbl Service, or any other Airlabs products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Airlabs, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. We will try to resolve the Dispute informally by contacting you via e-mail. If a dispute is not resolved within 15 days after submission, you or Airlabs may bring formal proceedings.
We Both Agree To Arbitrate: You and Airlabs agree to resolve any Disputes through final and binding arbitration, except as set out under “Exceptions to Agreement to Arbitrate” below.
Opt-out of “Agreement to Arbitrate”: You can decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Airlabs will pay all arbitration fees for claims of less than US$75,000. Airlabs will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or Airlabs may assert claims, if they qualify, in a small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Airlabs products or airbubbl Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Action Lawsuits: You may only resolve Disputes with Airlabs on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class action lawsuits, private general lawsuits through a solicitor, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Airlabs agree that any legal proceedings (other than small claims suits) will be brought in the federal or state courts of San Francisco County, California. Both you and Airlabs consent to the venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, your use of the Airlabs products or airbubbl Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Airlabs and you regarding the airbubbl Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Airlabs and you regarding the airbubbl Service and Airlabs Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the airbubbl Service. When you use the airbubbl Service after a modification becomes effective, you are telling us that you accept the modified Terms. You can review previous versions of these Terms in our archive.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Airlabs’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Airlabs may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Airlabs under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the airbubbl Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Airlabs’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Airlabs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at firstname.lastname@example.org or at our postal address below.
Airlabs Limited, 4th floor, 88 Baker Street, London, W1U 6TQ, United Kingdom