Terms and Conditions of Service

These Terms and Conditions of Service (“Agreement”) were last revised on October 17, 2023.

Terms and Conditions of Service of the Airties Vision App

The Airties Vision App (“Airties Vision App” or “app”), is an app owned and operated by Airties SAS and its affiliates (“Airties”, “we,” or “us”). This document explains the terms and conditions by which you may use our app. By accessing the Airties Vision App and therefore before any use of the app, services, websites, applications, cloud, hardware and software provided through or in connection with the service, including through a mobile device (“Service”), you declare that you have read, understood, and agree to be bound by this Agreement.

This Agreement governs your access to and use of the Service. We may deliver the Service to you with the assistance of our affiliates, licensors and service providers. You will comply with all laws, rules and regulations applicable to your use of the Service.

We reserve the right to amend this Agreement at any time. If you do not agree to any of the terms and conditions of this Agreement or any future terms and conditions, do not use or access (or continue to access) the Service. This Agreement applies to all users who access the Service (“Users”).

1.    Use of our Service

1.1.      The Airties Vision App provides Users with an easy-to-use means of setting up and managing their Wi-Fi home network and access. The app includes a variety of functionalities for the Users to manage their Wi-Fi home network. Airties reserves the right to offer additional functionalities in the future.

1.2.      You will need to register with Airties, or the service provider we work with, and create an authorized account with login credentials. Your account gives you and your household access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion.

1.3.      After registration as “User” Airties grants you and your household permission to use the Service as set forth in this Agreement, provided that: you and your household will comply with the terms and conditions of this Agreement.

1.4.      You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You must keep confidential your login credentials within your household. You must keep your registration information accurate, complete and current for as long as you use the Service. You are solely responsible for the activity that occurs on your account and the authorized or unauthorized use of your account, and you must keep your account password secure within your household. You are responsible for any use that occurs under your login credentials, including any activities by you and your household. You must notify Airties immediately of any breach of security or unauthorized use of your account. Although Airties will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Airties or others due to such unauthorized use.

1.5.      By providing Airties your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, instead of communication by postal mail. You agree on providing an email address you regularly access and on keeping the contact information on your profile up to date. We may also use your email address to send you other messages, including changes to functionalities or features of the Service and special offers.

1.6.      You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc.

1.7.      Airties may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Airties’ sole determination, you violate any provision of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service; or (vii) causing any kind of loss or damage to the Service, to any User thereof, or to Airties. (vii) Translate, copy, modify, adapt, disclose, alter, reverse engineer, create derivative works, decompile or disassemble any part of the software of the Service. (viii) sublicense, sublease, lease, sell, distribute, rent, permit concurrent use of or grant other rights in the software of the Service or resell or sublicense the Service (ix) use or access the Service to violate any rights of others or transmit any information or content that is illegal, unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or that you do not have a right to make available under any law or under valid contractual or fiduciary relationships; (x) to use the Service in any application or situation where failure of the Service could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage. Upon termination for any reason, you continue to be bound by this Agreement.

1.8.      We monitor the overall performance, stability of the infrastructure and your use of the Service. You may not block or interfere with that monitoring. If we reasonably believe a problem with the Service may be attributable to your use of the Service, you will cooperate with us to identify the source of and resolve that problem.

1.9.      If you learn that a User is not authorized to be a User of the Service or is otherwise violating this Agreement, we encourage you to notify us. You agree you will not accuse any User of being unauthorized or of violating this Agreement unless you have actual knowledge.

2.    Eligibility

2.1.      This Service is intended solely for Users who are 18 years of age or older, and any registration, use or access to the Service by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. Airties may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18. If you are under 18 years of age you may use the Service only if you possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

3.    License

3.1.      Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, non-transferable, revocable, limited, license to use the Service. Airties reserves all rights not expressly granted herein in the Service and the Airties Content (as defined below). Airties may terminate this license at any time for any reason or no reason.

4.    Our Proprietary Rights

4.1.      The Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Airties Content”), and all intellectual property rights related thereto, including all improvements, enhancements, modifications and derivative works thereof, are the exclusive property of Airties and its licensors.

4.2.      Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Airties Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

4.3.      You may choose to, or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Airties under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you.

4.4.      You acknowledge that, by acceptance of your submission, Airties does not waive any rights to use similar or related ideas previously known to Airties, or developed by its employees, or obtained from sources other than you.

5.    Privacy

5.1.      We care about the privacy of our customers. Click here to view our Privacy Policy. Please read the Privacy Policy for information regarding how we collect, use and disclose personal information and other information that we collect with the Service.

5.2.      You will ensure that your use of the Service always complies with any privacy policies you have in effect and all applicable laws and regulations, including any encryption requirements. You agree that you will be responsible under applicable data privacy laws for the collection, transfer and other processing of personal information by you and us in connection with your use of the Service which may include transfers and processing outside of the country in which the data was collected. You also agree that you will give all necessary notices and obtain all necessary consents to permit you and us to collect, use, transfer and disclose all personal information as contemplated in the Privacy Policy in accordance with all applicable laws and any other legally binding obligations. You acknowledge and agree that you will ensure that the use of the Service is permitted under your local laws and you agree to indemnify and hold Airties harmless if your use the Service is in violation of such local law or any other applicable law.

5.3.      Airties commits not to sell your personal data to any third party, here included your personal interaction with the app.

6.    Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

7.    Additional Representations and Warranties

7.1.      You affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, that you have the full power and authority to enter into this Agreement and to the extent that any entity is bound hereby, to bind such entity, this Agreement and performance of obligations under this Agreement do not and will not violate any other agreement to which you or such entity is a party; and this Agreement constitutes a legal, valid and binding obligation of you or any such entity.

8.    Indemnity

8.1.      You agree to defend, indemnify and hold harmless Airties and its subsidiaries, agents, managers, and other affiliated companies, 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) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of France or any other country; (v) any claim or damages that arise as a result of any of your content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

9.    No Warranty

9.1.      The Service is provided on an “as is” and “as available” basis free of charge and without technical support. Use of the Service is at your own risk.

9.2.      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, or non- infringement. Without limiting the foregoing, Airties, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct, that the Service will meet your requirements, that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.

9.3.      Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system, mobile device or loss of data that results from such download.

9.4.      Airties does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, or featured in any banner or other advertising, and Airties will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

10.  Limitation of Liability

10.1.    To the maximum extent permitted by applicable law, in no event shall Airties, its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Service. Under no circumstances will Airties be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

10.2.    To the maximum extent permitted by applicable law, Airties assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User content or the defamatory, offensive, or illegal conduct of any third party.

10.3.    In no event shall Airties, its affiliates, directors, employees, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in any amount.

10.4.    This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Airties has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in France.

10.5.    Airties makes no representations that the Service is appropriate or available for use in any location. Those who access or use the Service do so at their own will and are entirely responsible for compliance with local law, including but not limited to export and import regulations.

11.  Assignment

11.1.    This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Airties without restriction.

11.2.    You agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Airties, either specific or general, in jurisdictions other than France. This Agreement shall be governed by the internal substantive laws of France, without respect to its conflict of laws principles. Any claim or dispute between you and Airties that arises in whole or in part from the Service or relating to the Service shall be decided exclusively by a court of competent jurisdiction located in Paris, France.

11.3.    Airties may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you by email to the email address associated with your account. Airties reserves the right to determine the form and means of providing notifications to the User, provided that you may opt out of certain means of notification as described in this Agreement. You will direct legal notices or other correspondence to the attention of General Counsel – Airties SAS at 7 Rue Vignon, 75008, Paris, France.

11.4.    This Agreement, together with any other legal notices and agreements published by Airties via the Service, shall constitute the entire agreement between you and Airties concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

11.5.    No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Airties’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Please Contact us if you have any questions regarding this Agreement:

AIRTIES SAS

7 Rue Vignon, 75008,

Paris, France

e-mail: appsupport@airties.com