Terms of Service
Last revised on June 22nd, 2022.
Welcome to the Terms of Service (these “Terms”) for access to and use of the website located at https://www.airev.aero and its
subdomains, including all data, features, documentation, dashboard, content, services and functionality thereon (collectively,
the “Website”), which is operated on behalf of AIR VEV, Inc. (“AIR,” “we” or “us”).
These Terms govern your access to and use of the Website. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Website, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Website.
For purposes of these Terms, “you” and “your” means you as the user of the Website. If you use the Website on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms.
1. WHO MAY USE THE WEBSITE
You must be 18 years of age or older to use the Website. If you are less than 18 years old, please leave this Website. By using the Website you represent and warrant that you meet these requirements.
2. LOCATION OF OUR PRIVACY POLICY
Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Website. For an explanation of our privacy practices, please visit our Privacy Policy located on our Website.
3. RIGHTS WE GRAND YOU
3.1 Rights. Subject to your compliance with these Terms, the AIR hereby grants to you, a personal, worldwide, royalty-free, non-
assignable, non-sublicensable, non-transferrable, and non- exclusive right to access and use the Website. The foregoing has the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by us, in the manner permitted by these Terms
and subject to the use restrictions described below.
3.2 Restrictions. You may not do any of the following, unless applicable laws or regulations prohibit these restrictions or you have
our written permission to do so: (a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish,
license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Website;
(b) duplicate, decompile, reverse engineer, disassemble or decode the Website (including any underlying idea or algorithm), or attempt to do any of the same; (c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Website; (d) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the
Website; (e) exploit the Website for any commercial purpose; (f) access or use the Website in any manner that could disable,
overburden, damage, disrupt or impair the Website or interfere with any other party’s access to or use of the Website or use any device, software or routine that causes the same; (g) attempt to gain unauthorized access to, interfere with, damage or disrupt the
Website or the computer systems or networks connected to the Website; (h) circumvent, remove, alter, deactivate, degrade or
thwart any technological measure or content protections of the Website; (i) use any robot, spider, crawlers or other automatic
device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Website to monitor, extract,
copy or collect information or data from or through the Website, or engage in any manual process to do the same; (j) introduce any
viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems; (k) use
the Website for illegal, harassing, unethical, or disruptive purposes; (l) violate any applicable law or regulation in connection with your
access to or use of the Website; or (m) access or use the Website in any way not expressly permitted by these Terms.
4. OWNERSHIP AND CONTENT
4.1 Ownership of the Website. The Website, including content, information, trademarks, data, features, documentation, dashboard, services, and any other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the AIR and/or its licensors own all right, title and interest in and to the Website. We and our licensors reserve all rights in connection with the Website and its content, including the exclusive right to create derivative works. While using the Website, you may choose to provide, upload, import, transmit, post, or make accessible to AIR certain feedbacks, data or software ("User Data"). You hereby grant AIR a royalty-free, irrevocable, non-exclusive license to use, process, display, copy and store the User Data in order: (i) to administer and make improvements to the Website as well as carry out related tasks; and (ii) to collect, use and publish anonymous information, and disclose and/or transfer it to its third party service providers, to provide, improve and publicize AIR’s Website and
services. You shall only provide User Data in compliance with applicable laws and without violating third party rights.
4.2 Ownership of Trademarks. The AIR name, the AIR logo and all related names, logos, product and service names, designs and
slogans are trademarks of the AIR or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
4.3 Links and Advertisements. The Website may: (i) contain links to third party websites and/or applications that are not owned or controlled by AIR; and (ii) display advertisements and other materials not operated or endorsed by AIR. You acknowledge that we assume no responsibility over the items in subparts (i) and (ii) (including the privacy, and other, practices of the third parties that operate or control them) and you agree that we shall not be liable under any circumstances for any loss, damage or injury that results directly or indirectly therefrom. Your use or reliance upon such
websites, applications and advertisements is at your sole risk and we encourage you to review the applicable privacy policies and terms of use.
5. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
5.1 Disclaimers. Your access to and use of the Website are at your own risk. You understand and agree that the Website and any of its respective services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the AIR, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “AIR Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
5.2 Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE AIR ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY,
WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE WEBSITE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE AIRENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE. THE AIRENTITIES’ TOTAL, AGGREGATE AND CUMULATIVE LIABILITY TO YOU RELATED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US AND IN NO EVENT SHALL IT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6. LAWS AND REGULATIONS
6.1 Jurisdiction These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto
and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with
the internal substantive laws of Israel, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Tel Aviv. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
7. ADDITIONAL PROVISIONS
7.1 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at
the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Website after the modifications have become effective will be
deemed your acceptance of the modified Terms.
7.2 Termination of Rights. Ifwe determine, at our sole discretion, that you have breached any of the provisions of these Terms or any
applicable law or regulations, all rights granted by the AIR will terminate automatically without notice and liability for any reason.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to
and notwithstanding any termination of this Agreement by the AIR or you. Termination will not limit any of the AIR’s other rights or
remedies at law or in equity.
7.3 Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These
Terms and the rights granted hereunder may be assigned by the AIR but may not be assigned by you without the prior express
written consent of the AIR. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Website are operated by us in the United States. Those who choose to access the Website from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of Israel, without regard to conflict of laws rules.
7.4 How to Contact Us. You may contact us regarding the Website or these Terms at: Savyon St 2, Pardes Hanna-Karkur, 3701042 or by e-mail at www.airev.aero/contact.