These terms and conditions (“T&C”) is applicable for all
Airnmap members, hereinafter
called (“Airnmap”) and you (“You”) or (“Your”) can both become a member (“Member”) and by accepting these
T&C, You agree that You have read and understood the T&C and that Your
status as a User in Airnmap shall be subject to the following terms and conditions between You as a
User and Airnmap:
In order to use most Services, you must register for or authenticate into a Airnmap account. When you use our application program interfaces (APIs),
including our flutter plugins / Downloads API, each request to an API must include one of your account's unique API keys.
- Please carefully guard the security of your account and monitor use of your API keys.
You are responsible for all use of the Services under your account, whether or not authorized, including any use of your API keys.
At our discretion, we may make limited exceptions to this policy for unauthorized use of your account if you notify us of the problem promptly.
- You must be 18+ years or older to use the Services. By registering as a user or
providing personal information on the site, you represent that you are at least 18+ years old.
- If you are entering into this agreement on behalf of your company or another legal
entity, you represent
that you have the authority to bind that entity to these Terms, in which case "you" will mean the entity
- Subject to these Terms and our Service Terms,
we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license and right to:
(i) use the Services to develop online services and online, desktop, or mobile applications;
(ii) make the Services available to end users in connection with their use of your online services and online, desktop, or mobile applications.
- contact us if you are looking to use enterprise-only products and services or to obtain additional volume-based discounts.
- We may choose to make available to you products and services that are in beta, being provided for internal evaluation or trial, or otherwise not generally available (“Evaluation Products”). By accessing such Evaluation Products, you agree to only use them for internal evaluation or testing purposes. Upon our written request, you shall immediately cease all use, and destroy all copies,
of Evaluation Products, and you shall provide us with written certification of such deletion.
End users and notification
- You may not allow your end users or other third parties to use the Services in any way that would be a violation of these Terms if done by you, and you agree to take reasonable efforts to prevent such use.
You agree to promptly notify Airnmap in writing if you become aware of any misappropriation or unauthorized use of the Services.
In addition to the requirements above, you agree to adhere to the policies posted on this site in conjunction with the Services,
including accompanying documentation. Those policies are incorporated by reference into these Terms.
Charges and payment
You agree to pay all fees owed for your use of the Services, as calculated by our records based on our publicly available pricing, currently located at www.airnmap.com/#/pricing. All charges are non-refundable unless expressly prohibited by applicable law.
We may charge your credit card on an recurring basis for any amounts that you owe us, some of which may require advance payments.
Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses incurred by us in collecting such delinquent amounts.
- We are not responsible for any bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Airnmap. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
- Our listed fees do not include taxes, and you agree to pay all sales/use, gross receipts, value-added, GST, personal property or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our net income, employees or real property. You agree to work with us to help us obtain any necessary withholding or royalty tax exemptions where applicable.
Account cancellation or suspension
- We don't want you to leave, but you may cancel at any time. However, we do not give pro-rated refunds for unused time if you cancel during the middle of a billing cycle.
- If you breach any of these Terms, we may immediately without notice cancel or suspend your account and the limited license granted to you hereunder automatically terminates, without notice to you. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services. In addition, Airnmap may cancel or suspend your account for any reason by providing you 30 days' advance notice.
- Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services. If we cancel your account in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we cancelled your account.
Changes to services or terms
- We may change the features and functions of the Services, including APIs. It is your responsibility to ensure that calls or requests you make to the Services are compatible with our then-current APIs. We attempt to avoid changes to our APIs that are not backwards compatible, but such changes may occasionally be required. If that happens, we will use reasonable efforts to notify you prior to deploying the changes.
You agree to indemnify and hold harmless Airnmap and its subsidiaries, affiliates, officers, agents, partners,
and employees from any claim or demand, including reasonable attorneys' fees, arising out of:
- Your use of the Services;
- Your violation of these Terms;
- Your violation of these Terms;
- Your end users’ use of the Services in or through an application or service you provide;
- Content you or your end users submit, post to, extracts from, or transmit through the Services.
- “As is," "as available" and "with all faults." YOU
EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT
YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, MAPS, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY
SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE
PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR
REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- No warranties. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, Airnmap DISCLAIMS ALL
WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Airnmap OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
- Website operation. Airnmap DOES NOT WARRANT THAT THE
SERVICES, INCLUDING ANY SOFTWARE, SERVICES, MAPS,
OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE
UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF
THE FOREGOING WILL BE CORRECTED.
- Non-Airnmap content. WHEN USING THE SERVICES YOU MAY
BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD
PARTY CONTENT ("NON-Airnmap CONTENT"), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT,
OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-Airnmap CONTENT. UNDER NO CIRCUMSTANCES WILL
BE LIABLE FOR OR IN CONNECTION WITH THE NON-Airnmap CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR
OMISSIONS IN ANY NON-Airnmap CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY
NON-Airnmap CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
- Accuracy. Airnmap DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE SERVICES OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE.
- Driving directions. DRIVING CAN BE DANGEROUS, AND USE
OF OUR APIS IS ENTIRELY AT YOUR OWN RISK. THE
INFORMATION PROVIDED BY OUR DIRECTIONS API AND OPTIMIZED TRIPS API IS NOT INTENDED TO REPLACE THE
INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (FOR EXAMPLE,
BY TRAFFIC LIGHTS, TRAFFIC SIGNS, OR POLICE OFFICERS) DIFFERS FROM INFORMATION PROVIDED BY THE API, DO
NOT RELY ON THE API. YOU AND YOUR USERS MUST OBSERVE ALL TRAFFIC LAWS WHILE USING THE SERVICE. IF YOU
USE THE DIRECTIONS API OR OPTIMIZED TRIPS API IN AN APPLICATION OR SERVICE THAT YOU PROVIDE TO END
USERS, YOU MUST DISCLOSE THIS POLICY TO YOUR USERS.
- Harm to your computer. YOU UNDERSTAND AND AGREE THAT
YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN
SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE
SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.
- Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE
LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO
THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN
WHICH YOU ARE LOCATED.
Limitation of liability
- Limitation of liability. UNDER NO CIRCUMSTANCES, AND
UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE,
SHALL Airnmap OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS,
LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF
PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM
YOUR USE OR THE INABILITY TO USE THE SERVICES OR THE SITE, INCLUDING SOFTWARE, SERVICES. MAPS, CONTENT,
USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF Airnmap OR A Airnmap
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of damages. IN NO EVENT SHALL THE TOTAL
LIABILITY OF Airnmap OR ITS AFFILIATES, CONTRACTORS,
EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS THE SERVICES OR YOUR USE OF THE SITE (WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED
DOLLARS ($100 USD) OR FEES PAID OR PAYABLE TO Airnmap IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON
WHICH THE DAMAGE OCCURRED.
- Claim period. YOU AND Airnmap AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF THESE TERMS OR RELATED TO
Airnmap MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
Your privacy, we
provide this notice explaining our online information practices and the choices You can make about the way
Your information is collected and used. You agree to these policies by virtue of using the Website in a
way that leads to you providing us with personal information. State Law & policy; Accompanying Rights,
please understand that You may have additional rights originating from State laws based on where you live.
These State-based rights may augment, strengthen, or otherwise somehow compliment any privacy rights you
have inherently or under Federal law. Our policy is to comply fully with the privacy policies of every
jurisdiction in which we operate. Accordingly, you are free to use our Contact information to reach us at
any time to assert any State rights.
The contract is valid from the day when Airnmap accepts You to become a Member of
Airnmap and is also
applicable if You chose to become a Retailer and will continue until any of the parties terminate
according to what is stated in the section “Termination of Your status as a Retailer”.
Know Your Client
Due to the protection of Airnmap, Airnmap can at any time, at their own decision, ask
You to provide a
copy of Your passport and a copy of a utility bill that is not older than 90 days and shows Your address.
This request is called (“KYC Request”). You are aware and accepts that You will be asked to provide
accepted KYC documents before You can exchange any points and other bonuses to cash to a third party that
is licensed to handle such information and make any payment in cash. If a KYC Request is required, then
You will not be able to exchange any points or other bonuses to cash until You have provided acceptable
Violation of the T&C
If You violate these T&C or if You act in a way that Airnmap thinks is not
appropriate or if You
misuse any of the information given to You prior to disclosed to the public or in any way misrepresent
Airnmap, slander, spread gossip, make statements or otherwise say or write things that can harm the
reputation of Airnmap or Airnmap as a company or any employees, consultants, third party suppliers or
individuals associated with Airnmap, You are aware that Airnmap can suspend and/or terminate Your status
as a Member and Retailer and also reserves the right to take legal action against You for any damage You
have caused Airnmap.
In the event of any violation or breach of these T&C, Airnmap without prejudice to
any other rights
and remedies at law or in equity, reserves the right to take any action it deems appropriate, including
but not limited to issuing warning letters, suspending or terminate You as a Member and Retailer and
pursue litigation or other legal actions. Furthermore, Airnmap has zero tolerance for unprofessional
behavior that can in any way, shape or form directly or indirectly harm Airnmap or the companies that
Airnmap from time to time cooperates with. Legal action will be taken against those Members and Retailers
for any loss of income or any other damage or financial loss caused to the Airnmap or the companies that
Airnmap from time to time cooperates with. Any Retailer caught smearing the name of Airnmap – whether
it’s directly or indirectly – or in any way misrepresents Airnmap or the companies that Airnmap from
time to time cooperates with will also be subject to legal action from Airnmap and/or the companies that
Airnmap from time to time cooperates with. Airnmap shall be the sole determiner in cases of suspected
abuse, fraud, violation of its rules, unprofessional behavior, smearing or misrepresenting Airnmap. Any
decision Airnmap makes relating to the cancellation of potential Bonuses and the suspension or
termination of the status as a Retailer shall be final and binding.
Availability, Viruses, Warranty Disclaimer
Due to the nature of the Internet and computer systems, Airnmap cannot be held liable
for the continuous
availability of the Website. Although Airnmap makes every endeavor to keep the Websites accessible and
free from viruses, Airnmap cannot make any guarantee that it is virus-free. You shall, for Your
protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus
scanner before downloading any information, software or documentation. The Airnmap website may be
unavailable from time to time for maintenance or other reasons. Airnmap assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of, user communications or content.
Airnmap is not responsible for any technical malfunction or other problems of any telephone network or
service, computer systems, servers or providers of any of the before mentioned, computer or mobile phone
equipment, software, on account of technical problems or traffic congestions on the internet or at the
Airnmap website, including injury or damage to User’s or to any other person’s computer, cell phone or
other hardware or software, related to or resulting from using or downloading materials in connection with
the Websites. All information and services included in or available through the Websites are provided “as
is” and “as available” for Your personal, non-commercial use. Neither Airnmap, nor any of its employees,
agents, content providers, service providers, or licensors, makes any warranty of any kind regarding the
website and/or the content contained therein, the products or services available on or through the
website, the results that may be obtained from using the Websites. Airnmap disclaims all warranties of
any kind, either express or implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose or non-infringement. Airnmap expressly disclaims all warranties that the
content of the website is accurate, reliable or correct; that the website will be available at any
particular time or location, will be uninterrupted, timely, secure or error-free; that any defects or
errors will be corrected; or that the content is free of viruses or other harmful components. Your use of
the Airnmap website is solely at Your risk. You download or otherwise obtain content, material data or
software (including any mobile user) from or through the Airnmap website or service at Your own
discretion and risk and You will be solely responsible for Your use thereof and any damages to Your cell
phone or computer system, loss of data or other harm of any kind that may result. Because some
jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to You. To
the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and
duration of such warranty shall be the minimum required under such applicable law.
No delay or omission by any of the parties in exercising any right under these T&C
shall operate as a
waiver of that or any other right. A waiver or consent given by the other party on any one occasion shall
be effective only in that instance and shall not be construed as a bar or waiver of any right on any other
occasion. Captions contained in these T&C are inserted only as a matter of convenience or for
reference and in no way, define, limit, extend, or describe the scope of the T&C or the intent of any
provision of the T&C. It is the intent of the parties that neither the T&C, nor any covenant in
the T&C, shall be construed against either party pursuant to the common law rule of construction
against the drafter. It is the intent of the parties that said rule not be applicable to the T&C. The
parties waive all rights to trial by a court in any action or proceeding instituted in connection with
T&C. If any provision of the T&C shall be held invalid or unenforceable by any court of competent
jurisdiction or as a result of future legislative action, such provision shall be enforced to the maximum
extent permissible so as to give effect to the parties’ intentions as reflected in the provision, and all
other provisions of the T&C shall remain in full force and effect. In the event of a dispute arising
out of or relating to T&C, the prevailing party shall be entitled to an award of attorneys’ fees and
costs. The T&C is personal to You and may not be assigned or subassigned. This includes but is not
limited to, sell, transfer, pledge or give power of attorney to any rights or obligations according to
these T&C. In the event that any provision of these T&C shall be invalid, illegal or otherwise
unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be
affected or impaired thereby. Nothing in these T&C provides the Retailer with the right, license,
authorization or approval to make binding agreements with any person or entity on behalf of Airnmap.
Furthermore, the Retailer is not authorized to receive or collect monies from any person on behalf of
Airnmap. All payments must be made direct to Airnmap to be a valid payment. These T&C, the Airnmap
hereby incorporated by this reference.