Please read these Terms of Service ("Terms" or "Terms of Service") carefully before using the Airbatch website and Airbatch mobile application (together, or individually, the "Service") operated by Airbatch LLC ("Airbatch", "us", "we", or "our"). For purposes of these Terms, “you” and “your” means you as the user of the Service.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all individual visitors, users and others who wish to access or use the Service. These Terms apply to personal use of the Services only. You acknowledge that these Terms, along with Airbatch’s Privacy Policy govern your access and use of the Service. If you are accessing or using the Service on behalf of an organization, business, or other legal entity (each an “Organization”), or if you are accessing or using the Service under an eligible team or business Subscription Plan, then your use of the Services, including ownership of any content created, stored, or transmitted using the Service, shall be exclusively governed by and subject to Service Agreement
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the Service.
For purposes of these Terms: (i) “Airbatch Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service by Airbatch or its licensors; and (ii) “User Content” means any Content that you provide to be made available through the Service (excluding Organization Content). Collectively, Airbatch Content, User Content, and Organization Content are referred to as “Content.”
Our Content Ownership: We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Airbatch and its licensors exclusively own all right, title and interest in and to the Service and Airbatch Content, including all associated intellectual property rights. You acknowledge that the Service and Airbatch Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Airbatch Content.
Rights in User Content Granted by You: By making any User Content available through the Service, you hereby grant to Airbatch a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), your User Content solely in connection with operating and providing the Service and Airbatch Content to you and, depending on the permission you grant, to other users, individuals, and/or organizations. Subject to the foregoing license, as between Airbatch and you, you retain any and all of your rights to your User Content. You acknowledge that if you provide Organization Content (as defined below), then the ownership of such Organization Content may be as set forth in any agreement between you and the Organization, and in the absence of such agreement, then as between you and the Organization, the Organization may own the rights to any such Organization Content.
Your Responsibility for User Content: You are solely responsible for your User Content. You represent and warrant that you own your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by Airbatch on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation or violate any agreement you have with any third party.
Sharing User Content: You may designate your User Content as “public” (such as posting User Content to an Organizational Workspace) or “private”. You agree that User Content you designate as public will be accessible by and be available to other users of the Service to whom you grant access to such publicly designated User Content. Consequently, you understand and agree that such users will have the right to view, comment on and tag your publicly designated User Content. If you grant users additional permissions with respect to your User Content, you understand and agree that such users will, depending on the permissions you grant, have the right to use, publish, display, modify, or duplicate such User Content. You grant Airbatch all rights necessary to make any of your publicly designated User Content available to other users of the Service and to permit those users to engage in the activities described in this Section with respect to your publicly designated User Content.
Removal of User Content: You can remove your User Content that you designate as private by specifically deleting it. However, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Service. Additional details with respect to the removal and storage of User Content are set forth in Section 15 (Termination) below.
Rights in Content Granted by Airbatch: Subject to your compliance with these Terms, Airbatch grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Airbatch Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Airbatch Content & Use Policy and Monitoring Content: You agree that your use and all User Content will comply with Content and Use Policy. Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our express written permission from Airbatch to do so:
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. Sharing of your User login or password is prohibited. You accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
You may not use the Service if you are 13 years of age or younger. By using the Service, you represent and warrant that you are over the age of 13.
User Content submitted, posted or modified by users in the Service is organized into separated sections we refer to as “Workspaces.”
Type of Workspaces on the Service: “Organizational Workspaces” that require an eligible Subscription and that can be accessed by multiple users. Further details on Organizational Workspaces are outlined below.
In the Service, you can work across multiple Workspaces at once. Workspaces are completely separate, and you won’t be able to link any Content between them (although you can transfer Content from one Workspace to another). You can also export your User Content from your Workspaces for use outside of the Service using our export tool available in our online account management page. Note that exporting or transferring Organization Content from an Organizational Workspace will be managed by the applicable Organization administrator, which may or may not allow you to use our export or transfer tools for Organization Content.
If you join an Organizational Workspace, your use must comply with that Organization’s policies and any agreement that you may have with that Organization. Organizational Workspaces are subject to such Organization’s control. Organization administrators may be able to access, disclose, restrict, or remove Content in or from the Organizational Workspace. They may also be able to restrict or terminate your access to the Organizational Workspace. If you join an Organizational Workspace or transfer or share content with an Organizational Workspace, your administrator(s) may prevent you from later disassociating Content from the Organizational Workspace.
An Organization may (i) invite you to use or permit you to use their Organizational Workspace; and/or (ii) invite you to join the Service as their Organization User.
As stated in the “Content” section of these Terms, if you submit or post Content to an Organizational Workspace (such Content, the “Organization Content”), then as between you, Airbatch, and such Organization, the Organization will own all rights to such Organization Content. For the avoidance of doubt, the foregoing does not prevent you from entering into a separate agreement between you and the Organization that addresses ownership of Content as between you and such Organization.
Organizations are authorized to add and remove users to use their unique Organizational Workspaces. Users that have been authorized to use an Organizational Workspace of the Service by an Organization are referred to as an “Organization User” while they are using such Organization Workspace. If you purchased an Organization Subscription on behalf of your organization or employer, your organization or employer is the Organization, and not you. The Organization can modify and re-assign roles on the Organizational Workspace (including your role). If the Organization elects to replace you as the representative with ultimate authority for the Organizational Workspace, you agree to take any actions reasonably requested by us or the Organization to facilitate the transfer of authority to a new representative of the Organization.
If you are using an Organizational Workspace as an Organization User, you acknowledge that the Service as used by you under such circumstances is a workplace tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply in connection with such use of an Organizational Workspace as an Organization User.
Some parts of the Service are made available on a paid subscription basis ("Subscription(s)"). Pricing and included features for the Subscriptions (“Subscription Plan(s)”) are set forth on our Pricing page. “Subscription Fees” means all fees associated with your Subscription.
You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on a monthly basis. Your account may be charged on a monthly basis. See the Billing FAQ for more details.
A valid payment method, including credit card or ACH, is required to process the payment for your Subscription. You must provide Airbatch with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize Airbatch to charge all Subscription Fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Airbatch may attempt to charge the credit card on file one or more times. Should payment continue to fail, the Subscription will be, at Airbatch’s sole discretion, canceled or downgraded and you may lose access to certain paid features and/or your Workspace and Airbatch account.
You may cancel your Subscription either through your online account management page or by contacting Airbatch customer support team and indicating your intention to cancel your Subscription.
Airbatch, in its sole discretion and at any time, may modify the Subscription Fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Airbatch will provide you with reasonable prior notice of any change in Subscription Fees. Your continued use of the Service constitutes your agreement to pay the modified Subscription Fees.
Subscription Fees are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, accessible by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.
Airbatch may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). If you are on a Free Trial, you may cancel at any time until the last day of your Free Trial by following the cancellation procedures outlined in the Subscription section of these Terms. If you or Airbatch cancel your Free Trial, you acknowledge and agree that we may delete all of your User Content or data associated with the Workspace that was assigned to your Free Trial. If you do not cancel your Free Trial, then your Free Trial will be converted to a paid Subscription at the end of the trial period, and you hereby authorize us to charge your credit card or other payment method for continued use of the paid Service under such Subscription. Thereafter your Subscription be canceled in in accordance with the Section 6 (Subscription) of these Terms.
At any time and without notice, Airbatch reserves the right to (a) modify the terms and conditions of any Free Trial offer; (b) cancel any Free Trial offer; or (c) cancel any Free Trial subscription at any time.
Payment obligations are non-cancelable, and fees paid are non-refundable and there are no credits for partially used Subscription periods.
By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property of any person or entity. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
If you are a copyright owner, or authorized on behalf of one, and you believe that any Content, materials or works uploaded, downloaded or appearing on the Service have been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Such notices of copyright infringement should be sent to our copyright agent at hello@airbatch.io
The Service and its Content (excluding User Content and Organization Content), features and functionality are and will remain the exclusive property of Airbatch and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Airbatch.
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of Airbatch, and Airbatch may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Airbatch any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
We may make Non-Airbatch Applications available to you through the Marketplace. “Non-Airbatch Application” means any service, template, software, application, or integration that interoperates with the Service that is provided by a third party through the Marketplace. If you decide to enable, access or use Non-Airbatch Applications, your access and use of such Non-Airbatch Applications shall be exclusively governed by your agreement with the provider of the Non-Airbatch Application. Further, by enabling such Non-Airbatch Application, you authorize Airbatch to transfer your User Content and your account information, which may include your Personal Data, in accordance with the functionality of such Non-Airbatch Application.
Airbatch does not warrant or support Non-Airbatch Applications. The Services may contain features designed to interoperate with Non-Airbatch Applications, including through the Marketplace. Airbatch cannot guarantee the continued availability of such features or any Non-Airbatch Application, and Airbatch may stop providing the Marketplace (or any features of or listings within Marketplace), without prior notice to you, if for example and without limitation, the provider of a Non-Airbatch Application ceases to make the Non-Airbatch Application available for interoperation with the corresponding Service features in a manner acceptable to Airbatch. You acknowledge and agree that Airbatch has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or Non-Airbatch Applications. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Airbatch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or Non-Airbatch Application(s).
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or Non-Airbatch Applications that you visit or interact with.
Airbatch may offer an application programming interface that provides additional ways to access and use the Service (“API“). Such API is considered a part of the Service, and your use of the API is subject to these Terms. Further, your use of the API is subject to Airbatch’s then-current Developer Terms as may be updated by Airbatch in its sole discretion from time to time. We reserve the right at any time to modify or discontinue your access to the API (or any part of it) with or without notice. The API is subject to changes and modifications, and you are solely responsible to ensure that your use of the API is compatible with the current version.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, we provide a tool to do so. You may request to delete your own Workspace(s) at any time from within our account management page. Upon requesting to delete a Workspace, all Content from such Workspace will immediately become inaccessible. After 30 days, User Content will be deleted from our servers and can no longer be recovered. Similarly, if you delete some (but not all) of the User Content on your Workspace, after 30 days, such User Content will be deleted from our servers and can no longer be recovered. You acknowledge and agree that any User Content that has been transferred to an Organizational Workspace shall be retained in such Organizational Workspace following termination of your Workspace.
You agree to defend, indemnify and hold harmless Airbatch and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.
IN NO EVENT SHALL AIRBATCH, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. AIRBATCH’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE AND THESE TERMS IS LIMITED TO THE GREATER OF (i) $20 USD; OR (ii) ONE HUNDRED PERCENT (100%) OF ANY AMOUNT YOU’VE PAID FOR YOUR SUBSCRIPTION IN THE PRECEDING TWELVE (1) MONTH PERIOD.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
AIRBATCH, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
Some jurisdictions (such as the state of New Jersey) do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages set forth in the “LIMITATION OF LIABILITY” and “DISCLAIMER” sections above, so the limitations above may not apply to you.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use any mobile or desktop application versions of the Service (the “App”). We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in any particular geographic location. As part of the Service and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the Service or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from Airbatch. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from Airbatch.
Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Airbatch, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Airbatch acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and Airbatch acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Airbatch, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and Airbatch acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
These Terms shall be governed and construed in accordance with the laws of Utah, United States, without regard to its conflict of law provisions or by the JAMS Rules in the case or arbitrations as outlined below.
Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Airbatch’s services and/or products, including the Service, will be resolved by arbitration. You and Airbatch agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Airbatch are each waiving the right to trial by jury or to participate in a class action or class arbitration.
Notwithstanding the foregoing, you and Airbatch will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules.
You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to hello@airbatch.io or in the Support section of your inbox. The notice must be sent to Airbatch within thirty (30) days of your registering to use the Service or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Airbatch also will not be bound by them.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between you and Airbatch regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may contact us regarding the Service or these Terms at hello@airbatch.io
