These Terms govern your access to and use of AirSend.io, as well as all content and CodeLathe products and services (for example, ecommerce services as outlined below in Section 7e) available at or through these websites (collectively, “Services”). These Terms also govern visitors’ access to and use of any websites that use our Services, such as services hosted on AirSend.io that are operated by our users. Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, CodeLathe’s Privacy Policy), and procedures that may be published from time to time by CodeLathe (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. We refer to CodeLathe Inc. collectively as “CodeLathe” or “we” throughout these Terms.
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a AirSend.io account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don't worry -- if you aren't interested in learning more, you can opt out of the marketing communication, whether it's an email, phone call, or text message.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, AirSend.io or our other Services. For example:
You represent and warrant that your use of our Services:
AirSend enables you to seamlessly communicate and make it easier to work with others. AirSend’s basic service is free, and we offer paid plans for advanced features. You own all content you post to your AirSend account. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your AirSend account. If you find a AirSend Channel that you believe violates these Terms, please contact our support.
Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of a private channels, from view by the authorized visitors), but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Prohibited Uses. By using AirSend you represent and warrant that your Content and conduct do not violate the following user guidelines. To be transparent about what is and isn't allowed on your site, we’ve put together this set of guidelines. The following activity/material isn’t allowed on AirSend.
Self-explanatory.
AirSend is meant for communication, so we recognize that copyrighted materials are often used in fair use context. We strongly support this and urge copyright holders to take this into consideration before submitting complaints. If you're not sure, a good rule of thumb is to always ask the rights holder for permission before republishing their content.
We know that there may be different definitions of this, but generally, we define pornography as visual depictions of sexually explicit acts.
Please don’t upload or link to malware, spyware, adware, or other malicious or destructive code.
Don’t claim to be a person or organization you’re not. (Parody and satire are ok though!)
Do not post direct and realistic threats of violence. That is, you cannot post a genuine call for violence—or death—against an individual person, or groups of persons. This doesn't mean that we'll remove all hyperbole or offensive language.
Don’t share someone’s personal information without their consent.
You know what this is, but in general, sites such as those primarily dedicated to drive traffic to third party sites, boost SEO, phish, spoof, or promote affiliate marketing aren’t cool. We don’t want you to pollute the web outside of AirSend either, so we ask you to please avoid sending unwanted or unsolicited promotions or emails about your site, even if it’s not on AirSend.
Bear in mind that these are just guidelines -- interpretations are solely up to us. These guidelines are not exhaustive and are subject to change.
If you believe a AirSend Channel or Account has violated our terms of service, please contact us. We aim to promptly review and investigate all complaints that we receive, but if and how we respond will depend on a variety of factors, such as the information available to us and the type of violation. We may also contact the site owner to inform him/her of the complaint.
If we're not in a position to make a determination (for example, whether something is defamatory or not), we defer to the judgment of a court.
We reserve the right to display advertisements on your website unless you have purchased a plan that includes the removal of ads.
We reserve the right to display attribution text or links in your website footer or toolbar, attributing AirSend, for example.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an AirSend violates your copyright, please notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of AirSend or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
The Agreement does not transfer from CodeLathe to you any CodeLathe or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with CodeLathe. CodeLathe, AirSend, the AirSend logo, and all other trademarks, service marks, graphics, and logos used in connection with AirSend or our Services, are trademarks or registered trademarks of CodeLathe or CodeLathe’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any CodeLathe or third party trademarks.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of CodeLathe, or by the posting by CodeLathe of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or account’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any CodeLathe’s policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website’s storage or bandwidth usage is out of hand and/or burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your AirSend account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Services are provided “as is.” CodeLathe and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CodeLathe, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Williamson County, Texas.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
In no event will CodeLathe, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to CodeLathe under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. CodeLathe shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless CodeLathe, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s website.
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
The Agreement constitutes the entire agreement between CodeLathe and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CodeLathe may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
AirSend is available across all your devices: web, desktop, and mobile.
Connect and get work done from your office, home, and on the go.
Sign in, get notifications, and launch right from your desktop
We received your information and will get back to you!
Something went wrong. Please try again later.