This Document was last updated April 2nd, 2013
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
We reserve the right to update and change these Terms from time to time, and so you should review this page periodically. When we change the Terms of Service in a material way, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such changes will constitute your acceptance of the new Terms of Service. If you do not agree to any provision of these Terms or any future Terms of Service, do not use or access (or continue to access) the Service.
Unless you have been invited to use the Service by a User that is subject to a business or enterprise subscription plan, the Service is provided for non-commercial use only. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service made available to you by Air Computing. Air Computing reserves all rights not expressly granted herein in the Service and the Air Computing Content (as defined below).
Service Description: We have created a Service which allows any two or more devices that have our Service installed to talk to each other directly. Once you create a folder within the Service on your device, which will automatically sync between any of your devices on which our Service is installed, you can store your data, content, and other information in your local library (“User Files”) and share those User Files with other Users who you invite to share stuff with. Air Computing never has access to any User Files stored on your device.
Changes to the Service: We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.
Who can use the Service: You may use the Service only if you can form a binding contract with Air Computing, and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms.
Acceptable Use Policy: You agree to use the Service solely in accordance with the Acceptable Use Policy
AeroFS Account: Your AeroFS account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of Users. To sign up for an account, you must be a person representing yourself or a company, organization or other entity. Accounts registered using automated methods are not permitted and will be terminated. If you open an Air Computing account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf. You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process. Please review the section below entitled “Third party access to accounts” to make sure you provide us with the email address you want. You may never use another User’s account without permission. You are responsible for maintaining the security of your account and password. You must notify Air Computing immediately of any breach of security or unauthorized use of your account. Air Computing cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Third party access to accounts: If a third party such as an employer provides you with an account, that party has administrative rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store the User Files associated with your account. If you are an individual User of the Service, and the domain of the primary email address associated with your account is owned by an organization and was assigned to you as an employee, contractor or member of such organization, and that organization wishes to establish a commercial relationship with us and add your account to such relationship, then, if you do not change the email address associated with your account, your account may become subject to the commercial relationship between Air Computing and such organization and controlled by such organization. By continuing to use your account after such commercial relationship has been established, you agree to any terms and conditions associated with that relationship.
Your responsibility for your account: You are solely responsible for all activity that occurs on your account including but not limited to User Files that are stored and/or shared under your account. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to intellectual property, publicity or privacy laws). You acknowledge and agree that you are solely responsible for all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from any User Files stored, transmitted, shared through your account, including without limitation any User Files stored on or transmitted through your Team Server (as defined below).
How to control your account: You may control your User profile and how you interact with the Service by changing the settings in your AeroFS Settings at https://aerofs.com. By providing Air Computing your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive these other email messages, you may opt out by clicking the unsubscribe link in the email or by emailing us at email@example.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Your interactions with other Users:You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Air Computing will have no liability for your interactions with other Users, or for any User’s action or inaction.
The Service is a content sharing platform accessible through your various devices and it will automatically sync between your devices, and anyone you invite to share User Files with. By utilizing the Service, you consent to allow access to your device to provide the Service and to transmit User Files in accordance with your account settings.
A “Team Server” is a User-controlled and operated server on which the Service is installed. If you deploy a Team Server, all of your User Files associated with your account, and all User Files belonging to Users whose accounts are associated with that Team Server will also be synced and backed up in the Team Server and be made available to all such Users (subject to the settings established by the administrator). The User who owns or controls the Team Server has the sole ability to monitor, access, and control access to the User Files contained on the Team Server. Air Computing does not have access to the User Files on the Team Server or User Files in any accounts synced to the Team Server. If you deploy a Team Server, you acknowledge and agree that you shall be solely responsible for obtaining all required consents from Users in connection with any use of any Team Server provided by you and for ensuring that any use of such Team Server by other Users and the terms related to such use do not violate any laws and do not conflict with and are not inconsistent with the terms of applicable privacy policies.
Your User Files: AeroFS allows you to share and transmit User Files through the Service. You retain ownership of your User Files. We don’t claim ownership of any of your User Files. We also don't control, verify, or endorse the User Files that you and others make available on the Service.
Your responsibilities: You agree to create, transmit, store or share User Files solely in accordance with our Acceptable Use Policy, as updated from time to time. You are solely responsible for all User Files that you sync, transmit, and/or share on or through your use of the Service and the consequences of sharing or transmitting such content, and you agree that we are only acting as a passive conduit for your distribution and transmission of your User Files. Air Computing takes no responsibility and assumes no liability for any User Files that you or any other User or third party uses in connection with, or sends over, the Service. While User Files are encrypted during transmission, you acknowledge and agree that Air Computing will not be responsible for any failure of the Service to secure User Files, or for the corruption of or loss or any data, information or content contained in any User Files. You understand and agree that you may be exposed to User Files that are inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Air Computing shall not be liable for any damages you allege to incur as a result of any User Files.
How Air Computing and other Users can use your User Files: We provide functions that allow you to control who may access your User Files. If you enable the features that allow you to share your User Files with others, anyone you've shared your User Files with will have access to your User Files. For the purposes of operating and providing the Service to you and our Users and subject to your account settings, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, display, transmit, and distribute your User Files on and through the Service for the purposes of operating and providing the Service to you and our Users. Subject to your account settings, you also hereby grant to Air Computing and to each User of the Service, a non-exclusive license to access, use, reproduce, transmit, distribute and display your User Files as permitted by the functionality of the Service.
If you upload, post, or contribute text, graphics, or other content or information to our website (“Web Content”), for example to our blog, your Web Content will be and remain your property. In connection with any Web Content you provide to the Service, you hereby represent and warrant that (a) you have obtained all necessary rights, releases, and permissions to provide such Web Content to Air Computing, and (b) the collection, use, display and disclosure of such information by you does not violate any laws or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity. Air Computing takes no responsibility and assumes no liability for any Web Content that you or any other User or third party provides, posts, publishes or transmits over the Service. You shall be solely responsible for Web Content and the consequences of using, disclosing, or transmitting it, and you agree that Air Computing is only acting as a passive conduit. You acknowledge and agree that you are solely responsible for all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from any Web Content you upload or provide to the Service.
By posting or contributing any Web Content on or to the Service, you expressly grant to Air Computing a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide, unrestricted license to Web Content and your name, voice, and/or likeness as contained in your Web Content for use in connection with the Service and Air Computing’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also grant each User of the Service a non-exclusive license to access your Web Content through the Service, and to use, reproduce, distribute, display and perform such Web Content as permitted through the functionality of the Service and under these Terms.
We may make available software in machine executable object code to access the Service (“Software”). To use the Software you must have a device that is compatible with the Service. Air Computing hereby grants you a non-exclusive, non-transferable, revocable license (without right of sublicense) to use a compiled code copy of the Software in conjunction with your account to access and use the Service. Any Software is licensed, not sold and Air Computing or its third party partners or suppliers retain all right, title, and interest in the Software (and any copy thereof). Unless we notify you otherwise, the Software license ends when your Service ends.
You may not: (i) modify, disassemble, decompile or reverse engineer the Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software to any third party or use the Software to provide time sharing or similar services for any third party; (iii) make any copies of the Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software, features that prevent or restrict use or copying of any content accessible through the Software, or features that enforce limitations on use of the Software; or (v) delete the copyright and other proprietary rights notices on the Software.
From time to time we may check your version of the Software and may automatically electronically upgrade the version of the Software that you are using on your device. You consent to such automatic upgrading on your device. Any third-party code that may be incorporated in the Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void.
The Software originates in the United States, and is subject to United States export laws and regulations. The Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Software and the Service.
Our Property: Except for your User Files and your Web Content, the Service and all materials contained in or on the Service or transferred through the Service, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Files and Web Content belonging to other Users (the “Air Computing Content”), and all intellectual property rights related to the Service and any of the foregoing, are the exclusive property of Air Computing and its licensors (including other Users who transmit User Files through or upload Web Content to the Service). Except as expressly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such intellectual property rights. Use of the Air Computing Content for any purpose not expressly permitted by this Terms of Service is strictly prohibited.
Feedback: While we appreciate it when Users send us feedback, please be aware that we may use any feedback, comments, improvements or suggestions you provide to us (“Feedback”) without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.
Air Computing respects the intellectual property of others, and we ask our users to do the same. Content stored or shared through the Service by Users may be protected by copyright and the intellectual property laws of the United States and/or other countries. It is Air Computing's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who infringe or repeatedly infringe the copyrights or other intellectual property rights of others. Air Computing will respond to notices of alleged infringement as indicated in on the following page: DMCA Notices.
THE SERVICE IS PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AIR COMPUTING WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Air Computing and its subsidiaries, agents, licensors, 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 out of or relating to: (i) your use of and access to the Service, including any data or content 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) infringement, misappropriation or violation of any third-party right, including without limitation intellectual property rights or rights of privacy or publicity, by you or by any User Files or Web Content created by you or on your behalf or transmitted via your account, or by the distribution, use of, or access to any such User File or Web Content; (iv) any violation of any applicable law, rule or regulation by you, by any User File or Web Content created by you or on your behalf or transmitted via your account, or by the distribution, use of, or access to any such User File or Web Content; (v) User Files or Web Content created by you or on your behalf or that are stored on or transmitted via your account; (vi) your failure to publish or make available any required agreements or policies, including without limitation privacy policies, in connection with any Team Server controlled by you or on your behalf; (vii) any other party’s access or use of the Service with your unique username, password or other appropriate security code; or (viii) any other activity that occurs in connection with your account.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AIR COMPUTING BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, FILES AND/OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE SITE, CONTENT, FILES OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATIONS WILL APPLY WHETHER OR NOT AIR COMPUTING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT AIR COMPUTING IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, AIR COMPUTING WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES AND/OR THE FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES. IN NO EVENT SHALL AIR COMPUTING, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO AIR COMPUTING HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. Air Computing makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
You are solely responsible for properly canceling your account. You may cancel your account by sending an email to firstname.lastname@example.org with a request to terminate your account. Air Computing, in its sole discretion, has the right to suspend your account and refuse any and all current or future use of the Service, pending investigation, for any reason at any time. Such termination of the Service may result in the deactivation or deletion of your account or your access to your account. Air Computing reserves the right to refuse service to anyone for any reason at any time.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. Air Computing may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms.
Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Air Computing without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Governing Law: These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the state and federal courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
U.S. Government-restricted Rights: If the Service is licensed to the United States government or any agency thereof, then the Service will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms.
Arbitration: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AIR COMPUTING. In the unlikely event that Air Computing has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Air Computing claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the JAMS, Inc. (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein.
If you are obtaining the Service for commercial purposes, the following applies:
The arbitration will be conducted in Santa Clara County, California, unless you and Air Computing agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Air Computing from seeking injunctive or other equitable relief from the courts as necessary to protect any of Air Computing’s proprietary interests.
If you are obtaining the Service for personal use, then the following provision applies:
JAMS may be contacted at www.jamsadr.com and may require you to pay a fee for the initiation of your case unless you apply for and successfully obtain a fee waiver from JAMS. The arbitration will be conducted in Santa Clara County, California (or the nearest JAMS office), unless you request an in-person hearing in your hometown or you and Air Computing agree otherwise. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees and your reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the court as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights or other proprietary rights. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND AIR COMPUTING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Notification Procedures: Air Computing may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Air Computing in our sole discretion. Air Computing reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Service.
No Waiver: No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Air Computing’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Contact: Please contact us email@example.com with any questions regarding these Terms of Service.
This Document was last updated July 29, 2013. Previous versions and diffs are available here
AeroFS complies with the US-EU Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. AeroFS has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/
We collect the following types of information about you:
Information you provide us directly: We may ask for certain information such as your username, first and last name, email addresses, organization or team you belong to, credit card or other payment method information, telephone numbers, home, business, and/or billing postal addresses, and email contacts when you register for an account, or if you correspond with us. We may also retain any messages you send to us and may collect information you provide in Web Content you post to the website or the blog. We use this information to operate, maintain, and provide to you the features and functionality of the Service and to communicate directly with you. From time to time, we may send you emails containing newsletters, promotions, and special offers. If you do not want to receive such email messages, you will be given the option to opt-out or change your preferences. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt-out of Service-related e-mails.
Information we may gather through your use of the Service: The Service is a file sharing system which allows you to create a library of data (“User Files”) on your local device and share those User Files directly with other Users who have our Service installed without going through a middleman server. This allows you to take advantage of the large amounts of unused storage space on your local devices. However, this system does not give us carte blanche access to the files stored on your device hard drive. To the contrary, we have access to and collect the minimum amount of data needed to provide our Service. When you use the Service, we may have access to limited amounts of data stored in three locations on your computer or device:
We do not view, store, collect or have access to the data, content or information you store on your local device unless you move data to the User Data Directory. Even then, while the AeroFS software will need access to the User Files located on the User Data Directory to allow syncing and collaboration on files, we at the company will not have access to the content of the User Files stored in the User Data Directory. We may collect data from the Installation Directory and the Settings Directory, and we may collect limited information about the User Files stored in your User Directory. For example:
Information Collected Through Technology
When you visit our website (or when you utilize our Services) we and our business partners may collect certain information about your computer or device through technology such as cookies, web beacons, or other tracking/recording tools. The information collected may include, but is not limited to, AeroFS unique user IDs, system properties, configuration parameters, click stream data, IP addresses, referring URLs, access times, browser types, device types, or information about your interactions with our websites, applications or services. We may use the information described in this paragraph to, among other things,
In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Service.
We will not rent or sell your information to third parties outside Air Computing and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted below:
Who we may share your information with:
Who you may choose to share your User Files with: The Services include collaboration features that by their nature require and support sharing with Users you choose. Those Users can see your name, email address and any files you choose to share; and they can email you. Collaborators you invite as editors can also edit your shared files and upload content to your shared User Files. Administrators of a shared folder may view the contents of the folder and may give the ability to others to view the shared files. These Users with whom you share files may copy, retain, or share your files with people outside the service. Any information or content that you voluntarily disclose or transmit through the Service, such as User Files, becomes available to Users with whom you choose to share such User Files, as controlled by any applicable privacy settings. If your account is synced to a Team Server, all of your User Files associated with that account will automatically be accessible by the Team Server's organization's administrator, who may have the ability to share your User Files with other Users whose accounts are part of the same organization. We will not have access to your User Files on any Team Servers.. If you remove information that you shared through the Service or change your permissions to modify which other Users may have access to your files, copies may remain if other Users have copied or saved that information.
What happens in the event of a change of control: We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.
Instances where we are required to share your information: Except as described above, we will not disclose your data to a third party (including law enforcement, other government entity, or civil litigant; excluding our subcontractors) except as you direct or unless required by law or if in our sole discretion, we determine it is necessary to exercise or protect the rights, property or personal safety of Air Computing, our Users or others. Should a third party contact us with a demand for customer data, we may attempt to redirect the third party to request it directly from you. As part of that, we may provide your basic contact information to the third party. If compelled to disclose customer data to a third party, we will use commercially reasonable efforts to notify you in advance of a disclosure unless legally prohibited. You are responsible for responding to requests by a third party regarding your use of the online service, such as a request to take down content under the Digital Millennium Copyright Act.
Keeping your information safe: Air Computing cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). Information we collect from your computer or device is similarly protected. Information transmitted between your device and other devices is encrypted end-to-end using client certificates employing 2048-bit RSA and AES-256 such that only the intended recipient device can decrypt it. However, no method of transmission is 100% secure and Air Computing cannot ensure or warrant the security of any information you transmit to Air Computing or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
Compromise of information:In the event that any information under our control is compromised as a result of a breach of security, Air Computing will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
You control your account information and settings: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at firstname.lastname@example.org
Opting out of collection of your information for Tracking: Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Air Computing or its business partners from tracking your browser’s activities in relation to the Service. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at email@example.com
How long we keep your User Content:We will retain your information for as long as your account is active or as needed to provide you Services. If you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account by logging into your account at https://aerofs.com and clicking on ‘Settings’ followed by ‘Cancel Account’. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, copies of your data may exist if another user with whom you shared the data saved or modified a version of your material.
How you can access, review, update, or correct personal information: You may access, review, update, or correct your personal information collected through the Service by e-mailing us at firstname.lastname@example.org or by contacting us at:Air Computing, Inc.
Please note that certain types of personal information cannot be deleted unless you close your Account. However, such information may be modified with sufficient verification of the new information. Note that the deletion of your data may lead to the termination of your account and applicable services. To have access to your personal information, you must provide sufficient proof of identification as we request, and we reserve the right to deny access to any user if we believe there is a question about your identity. We will respond to all access requests within 4 weeks.
Moreover, we reserve the right to retain your information in our files if we believe it is necessary or advisable to resolve disputes, enforce the Terms of Service, and for technical and legal requirements and constraints related to the Service.
We do not intend or market the Service to be used by children under the age of 13, and we do not knowingly, directly or indirectly, collect information from children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com.
AeroFS has further committed to refer unresolved privacy complaints under the US-EU Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by AeroFS, please visit the BBB EU SAFE HARBOR web site at http://www.bbb.org/us/safe-harbor-complaints" for more information and to file a complaint.
This Document was last updated April 2nd, 2013
Air Computing (“Air Computing”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Air Computing will respond expeditiously to claims of copyright infringement committed using the Air Computing service and/or the Air Computing website (the “Site”) if such claims are reported to Air Computing’s Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Air Computing’s Designated Copyright Agent. Upon receipt of Notice as described below, Air Computing will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
This Document was last updated April 2nd, 2013
To keep our Service running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the following Acceptable Use Policy. Capitalized terms that are not defined in this Acceptable Use Policy have the meaning given them in our Terms of Service.
You agree not to engage in any of the following prohibited activities:
You agree to only add to your shared folder or share User Files:
You agree not to add to your shared folder or share User Files that:
This Document was last updated April 2nd, 2013
By using any paid aspects of the Service, you expressly agree to these Pricing and Payment Terms. Capitalized terms that are not defined in Pricing and Payment Terms have the meaning given them in our Terms of Service.
Pricing: AeroFS prices correspond to the prices outlined here.
No Refunds: You may cancel your AeroFS account or subscription at any time; however, there are no refunds of any pre-paid fees for cancellation, unless required otherwise by law. In the event that Air Computing suspends or terminates your account or the Terms of Service for your breach of the Terms of Service, including without limitation these Pricing and Payment Terms or the Acceptable Use Policy, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Payment Information; Taxes: All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. You authorize us to charge you for the Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while the Terms of Service, including without limitation these Pricing and Payment Terms, are in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. You must keep all information in your billing account current. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel that Service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
Please fill out this form or call us at 1-800-656-AERO (1-800-656-2376).
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