AeroFS Website and Hybrid Cloud Terms

Website Terms of Service

This Document was last updated April 16, 2014.

1. Acceptance of Terms:

Welcome! Air Computing, Inc. (“AeroFS” or “us” or “we”) welcomes you to aerofs.com and its related sub-domains (collectively, these websites are referred to as the “Site”).

The terms and conditions below (“Terms of Use”) apply to your use of and access to the Site. These Terms of Use do not extend to the products, software, goods, services, or other merchandise that we offer for purchase on or through the Site, which are subject to separate terms and conditions.

By using or accessing any part of the Site, you are agreeing to these Terms of Use, our Privacy Policy (https://www.aerofs.com/terms#privacy) and all other policies or notices posted by us on our websites.

If you don’t agree to these Terms of Use, don’t use the Site. We can change these Terms of Use at any time without any notice to you. It is your responsibility to review these Terms of Use from time to time for any changes as it creates binding legal agreement between you and AeroFS. If you use the Site after we’ve changed any of the Terms of Use, you are agreeing to all of the changes. Again, if you do not agree, don’t use the Site.

2. Permission to Use the Site

You have our permission to use the Site, but only if:

  • you are over 13 years old;
  • you are using the Site for your own personal use and not for commercial purposes;
  • you do not copy the Site or any part of the Site;
  • you do not modify the Site or any part of the Site;
  • you follow all the rules and restrictions we’ve spelled out in these Terms of Use.

3. Accounts; Passwords; Security

You may need to set up an account in order to use certain services offered on the Site. You may not use someone else’s account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, or a phony name or phony contact information. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.

4. Personal Use Only

We are making the Site available to you for your information and personal use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Site for any other purpose.

5. User Content

You are solely responsible for any User Content you post to the Site, and the consequences of posting or publishing it. By “User Content”, we mean any Content you post to the Site. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say “post”, we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site. For clarity, your responsibility for any files you share using the AeroFS file sharing products or services will be governed solely by the applicable terms of service or license agreement associated with such products or services.

6. Restrictions on User Content and Your Conduct

You may not:

  1. use our Site for any illegal purpose;
  2. submit User Content that you don’t have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
  3. forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;
  4. submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
  5. submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  6. transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  7. impersonate anyone else or lie about your affiliation with another person or entity;
  8. use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks;
  9. upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Site, or harm or corrupt our or anyone else’s computer systems, or data;
  10. use our Site to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
  11. collect or gather other people’s personal information (including account information) from our Site;
  12. submit User Content which disparages us or our partners, vendor or affiliates;
  13. solicit, for commercial purposes, any users of our Site;
  14. use any automated system (including, without limitation, so-called bots, spiders or offline readers) to access the Site in a manner that sends more request messages to the Site than a human can reasonably produce in the same period of time by using a conventional web browser;
We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.

7. Intellectual Property Rights in User Content

If you post User Content, you are making a guarantee to us that you either own all the Content you are posting, or you have the right to post the Content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post the Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Site and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Site a non-exclusive royalty-free, fully-paid, sublicenseable and transferable license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the Site and under these Terms of Use.

8. User Content you Share becomes Public

You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential. So, if you don’t want the whole world to see it, don’t post it on the Site.

In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of AeroFS, its users or the public as required or permitted by law.

9. We Are Not Responsible for User Content

We generally do not review any of the User Content posted by our users. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in user submissions. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any user submission. You may be offended by User Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content.

10. Proprietary Rights

AeroFS and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Site and Content which is included in the Site (other than User Content). If you give feedback on the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may becomes part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise. The Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Site.

All brand, product and Site names used in the Site which identify AeroFS or our suppliers and our or their proprietary products and Sites are the trademarks or Site marks of AeroFS or our suppliers. Nothing in this Site shall be deemed to confer on any person any license or right on the part of AeroFS or such supplier with respect to any such image, logo or name.

You agree not to disable, interfere, or try to get around any of the features of the Site related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Site or the Content on the Site.

11. Enforcement of Copyrights

We respect the intellectual property rights of others. You may not use our Site to infringe anyone else’s copyright or other intellectual property right. If we find out that you are infringing, we may remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had User Content removed from our Site more than twice.

12. Notify Us of Infringers

If you believe that something on our Site violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.

In order for us to take action, you must do the following in your notice:

  1. provide your physical or electronic signature;
  2. identify the copyrighted work that you believe is being infringed;
  3. identify the item on our Site that you think is infringing your work and include sufficient information about where the material is located on our Site (including which website) so that we can find it;
  4. provide us with a way to contact you, such as your address, telephone number, or e-mail;
  5. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Site; and
  6. provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.

Here is the contact information for our copyright agent:

Copyright Agent
Air Computing, Inc.
635 High Street
Palo Alto, CA, 94301
copyright@aerofs.com

Again, we cannot take action unless you give us all the required information.

13. How to Communicate with Us

Only notices about copyright infringement should go to our copyright enforcement department. If you have anything else to communicate with us (like feedback, comments, requests for technical support), you should contact us through our Custom Support at support@aerofs.com.

14. Storage and Availability

We are not a content-archiving Site. We do not promise to store or make available on our Site any User Content that you submit, or any other Content, for any length of time. You are solely responsible for keeping back-ups of everything you post on our Site.

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will AeroFS or its suppliers be held liable for any damages due to such interruptions or lack of availability.

15. Sale of Products

Our Site may include the offer for sale of certain products (including software, services, or other merchandise) (“Products”). Any offer for sale or purchase of such Products is subject to the terms of sale and warranty (if any) provisions of the vendor offering the particular Product through our Site (including through any shopping cart for the particular Product). We are not responsible for any such transactions or Products unless we are the vendor, in which case the terms of purchase we have posted for that Product shall apply.

16. Links to Other Sites

Our Site may contain links to other websites that we don’t own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.

17. Warranty Disclaimer

USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. AEROFS AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

AEROFS AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE SITE OR THAT AEROFS WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND AEROFS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SITE OR ANY CONTENT OBTAINED FROM THE SITE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, AEROFS AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (I) YOUR USE OR INABILITY TO USE OUR SITE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (IV) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE OR (V) ANY OTHER MATTER RELATING TO THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AEROFS' LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.

19. Indemnity

You agree to indemnify, defend (if we so request) and hold harmless AeroFS and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from any User Content, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Site.

20. Termination and Suspension

We may terminate or suspend your permission to use the Site immediately and without notice upon any violation of these Terms of Use, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Site for any of these reasons or otherwise for cause, we will not refund any fees you may have paid, whether for access to the Site or for Products (if applicable).

Upon any termination we may delete your account, passwords and User Content and we may bar you from further use of the Site. You understand that we may also continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Site.

21. Export Control

You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

22. Additional Terms

Portions of the Site may be accompanied by additional terms which apply to specific features or areas of the Site. Those additional terms supplement these terms with respect to your use of those features or areas.

23. General Terms

These Terms of Use are governed by laws of the state of California, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Site and these Terms of Use shall be the state and federal courts located in Santa Clara, California and each party hereby consents to the exclusive jurisdiction and venue of such courts. These Terms of Use, together with our Privacy Policy and any other legal notices we have published on the Site, constitute the entire agreement between you and us regarding this Site. If a court having proper authority decides that any portion of these Terms of Use is invalid, only the part that is invalid will not apply. The rest of these Terms of Use will still be in effect. If we waive any of our rights under these Terms of Use in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction. We won’t be liable to you for any delay or failure to perform any obligation we have under these Terms of Use if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.

YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.

Hybrid Cloud Subscription Terms of Service

Version Effective Date: April 16, 2014

BY ACCESSING, INSTALLING OR USING ALL OR ANY PORTION OF THE AEROFS PRODUCT, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE PRODUCT.

THIS AGREEMENT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AEROFS. READ IT CAREFULLY.

IF YOU ARE USING THE PRODUCT AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND THE ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT.

This AeroFS Hybrid Cloud Subscription Terms of Service (“Agreement”) is entered into by and between Air Computing, Inc. (“AeroFS”) and the entity or person placing an order for or accessing the Product (as defined below) (“Customer” or “you”) and is effective as of the earlier of (a) Customer’s initial access to the Product through any online provisioning, registration, or order process or (b) any other confirmation of Customer’s purchase of a Subscription (as defined below)(“Effective Date”). This Agreement shall govern Customer’s initial purchase on the Effective Date as well as any future purchases of AeroFS services made by Customer which reference this Agreement.

Free Access: If you receive free access to the Product, you are deemed a “Customer” under this Agreement except you are subject to the restrictions and limitations of Section 1.7 (Unpaid Subscriptions) below.

Email address: If you are signing up as an individual, use a personal email address. (For more information, see Section 1.8 (Use of Employer or Organizational Email Address) below).

Modifications to this Agreement: From time to time, AeroFS may modify this Agreement. Unless otherwise specified by AeroFS, changes become effective for existing Subscriptions upon renewal of the then-current Subscription Term (as defined below). AeroFS will use reasonable efforts to notify Customer of the changes through communications through Customer’s AeroFS account, email or other means. Customer may be required to click to accept or otherwise agree to the modified Agreement before using the Product in a renewal Subscription Term, and in any event continued use of the Product during the renewal Subscription Term will constitute Customer’s acceptance of the version of the Agreement in effect at the time the renewal Subscription Term begins.

Each party expressly agrees that this Agreement is legally binding upon it.

1. The AeroFS Product.

1.1 Product Components.

AeroFS’ hybrid cloud (the “Product”) is designed to allow file sharing and syncing across multiple computers and devices. The Product consists of: (i) AeroFS’ hybrid cloud service (the “Service”) which provides services such as user registration, authentication and user account and data management, and is accessed by Customer online through user IDs and passwords supplied by AeroFS; and (ii) the AeroFS Client software (the “Client Software”), which is installed on end user computers or devices to enable file sharing and syncing. This Agreement permits Customer to purchase subscriptions to the Product (each, a “Subscription”) and sets forth the basic terms and conditions under which those Subscriptions and any related services will be delivered.

1.2 Subscriptions Terms and Renewals.

Unless otherwise designated at the time of Customer’s purchase, the term of any Subscription shall be thirty (30) days commencing on the date Customer orders the Subscription (the “Subscription Term”). Unless terminated earlier in accordance with this Agreement, the Subscription Term will automatically renew upon expiration for additional successive thirty (30) day terms unless either party gives the other party prior written notice of cancellation at least ten (10) days prior to the expiration of the then-current term. Customer may provide this notice in writing or by canceling the Subscription Term through the account management interface within the Product.

1.3 Access to the Product.

Customer may access and use the Product solely for its own benefit and in accordance with the terms and conditions of this Agreement, the end user technical documentation provided with the Product (“Documentation”) and any additional scope of use restrictions designated at the time of Customer’s order (“Scope of Use”). Use of and access to the Product is permitted only by the number of Registered Users (defined in Section 1.3.2 below) covered by the Subscription. If Customer is given passwords for its users to access the Service element of the Product, Customer shall require that all such users keep ID and password information strictly confidential and not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. Customer shall be responsible for any and all actions taken using Customer’s accounts and passwords, and shall immediately notify AeroFS if any user who has access to a user ID is no longer an employee of Customer or no longer authorized by Customer to use the Product. Use of the Client Software is subject to the additional terms in Section 1.4 below.

1.3.1 Administrative Users.

An “Administrative User” is a Registered User whom Customer has authorized to configure and administer the Service for the benefit of its Registered Users. There is no limit on the number of Registered Users whom Customer may designate as Administrative Users.

1.3.2 Registered Users.

A “Registered User” is an individual end user of the Product who is an employee or Contractor (defined in Section 1.5 below) of Customer and who is provisioned through the Service (at the direction of an Administrative User) with an account based on a unique e-mail address. No more than one individual may use or access the Product through a single Registered User account. Each employee or Contractor who uses the Product on Customer’s behalf shall count as a Registered User for Scope of Use and billing purposes.

1.4 Client Software.

1.4.1 General.

The Client Software may be installed on a Registered User’s computer, mobile phone or other device for which such Client Software is available in order to enable file sharing and syncing to or from that device. Each Registered User may download and install the Client Software after being authenticated by AeroFS. Certain versions of the Client Software may be made available by AeroFS to Customer for direct distribution to Registered Users and other versions for certain devices may only be available for download through third-party app stores. The Client Software may be deployed to as many devices as necessary to support Customer’s total number of permitted Registered Users.

1.4.2 Grant of License.

Subject to all of the terms and conditions of this Agreement, AeroFS grants to Customer during the applicable Subscription Term a non-transferable, non-sublicensable, non-exclusive license to use the object code form of the Client Software, but only to support the number of Registered Users covered by the Subscription and otherwise in accordance with (a) the Documentation, (b) this Agreement and (c) the Scope of Use.

1.5 Use by Affiliates and Contractors.

Subject to the terms and conditions of this Agreement, Customer’s Affiliates and Contractors may use the rights and licenses with respect to the Product, provided that (a) such use is only for Customer’s or such Affiliate’s benefit, (b) Customer agrees to remain responsible for each such Affiliate’s and Contractor’s compliance with the terms and conditions of this Agreement and (c) upon request Customer will identify each such Affiliate and Contractor. Use of the Product by Affiliates, Contractors and Customer in the aggregate must be within the Scope of Use. “Affiliate” means any entity under the control of Customer where “control” means ownership of or the right to control greater than 50% of the voting securities of such entity. “Contractor” means any third party employed by Customer to perform services on behalf of Customer.

1.6 Restrictions.

As a condition on Customer’s right to use the Product, Customer shall not (and shall not allow any third party to):

  1. decompile, disassemble, or otherwise reverse engineer the Product or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Product by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions, and then only with prior written notice to AeroFS);
  2. distribute, sell, sublicense, rent, lease or use the Product (or any portion thereof) for time sharing, hosting, service provider or like purposes;
  3. remove any product identification, proprietary, copyright or other notices contained in the Product;
  4. modify any part of the Product, create a derivative work of any part of the Product, or incorporate the Product into or with another service or software, except to the extent expressly authorized in writing by AeroFS;
  5. publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Product;
  6. attempt to interfere with the system integrity or security of the Product or to attempt to decipher any transmission to or from other users of the Product; or
  7. use the Product in any manner that imposes, or may impose, what AeroFS determines in its sole discretion is an unreasonable and disproportionate load on its infrastructure.

1.7 Unpaid Subscriptions.

Customer may access and use the Product without charge for up to three (3) Registered Users in accordance with the terms and conditions of this Agreement (an “Unpaid Subscription”). AeroFS has the right to terminate any Unpaid Subscription at any time for any reason. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AEROFS WILL HAVE NO WARRANTY, INDEMNITY, OR SUPPORT OBLIGATIONS WITH RESPECT TO UNPAID SUBSCRIPTIONS. If Customer wishes to use the Product with additional Registered Users, then Customer must pay applicable fees to upgrade to a paid Subscription and all of the terms and conditions in this Agreement will apply to such purchase and to the use of the Product.

1.8 Use of Employer or Organizational Email Address.

If Customer is an individual, Customer will be required to provide AeroFS with a primary email address to create an AeroFS account. For this purpose, Customer should utilize a personal email address. Customer acknowledges that if it uses a corporate email address that Customer may be requested to switch the email address associated with Customer’s account to a personal email address if Customer’s employer wishes to provision Customer with access as a Registered User under the employer’s corporate AeroFS account. If Customer is unwilling to switch to a personal email address, then AeroFS may terminate such Customer’s subscription and this Agreement upon five (5) days’ written notice and Customer shall receive as its sole remedy a refund of any fees Customer has pre-paid for use of the Products for the terminated portion of the applicable Subscription Term.

2. User Files

2.1 Responsibility for User Files.

Customer shall ensure that Customer’s use of the Product and all files or related information that Customer seeks to synchronize or share using the Product (“User Files”) are at all times compliant with Customer’s privacy policies and all applicable local, state, federal and international law, regulations and conventions, including, without limitation, those related to data privacy, international communications, and the exportation of technical or personal data. Customer is solely responsible for the accuracy, content and legality of all User Files. Customer represents and warrants to AeroFS that Customer has sufficient rights in the User Files to grant the rights granted to AeroFS in Section 2.2 below and that the User Files (i) do not infringe, misappropriate, or violate the rights (including, without limitation, the intellectual property, privacy or publicity rights) of third parties and (ii) otherwise comply with the terms of this Agreement.

2.2 License to AeroFS.

Customer hereby grants to AeroFS a non-exclusive, worldwide, royalty-free right to use, copy, cache, transmit, modify, create derivative works of and publicly display the User Files solely to the extent necessary to provide the Product to Customer. As between the parties, Customer shall retain all right, title and interest (including any and all intellectual property rights) in and to the User Files as provided to AeroFS.

2.3 Storage of User Files.

AeroFS does not provide an archiving service. AeroFS only transmits User Files between devices/computers and does not store any User Files. AeroFS expressly disclaims all obligations with respect to storage.

2.4 File Sharing and Syncing with Third-Party Users.

Customer may elect to use the Product to receive files, or to share or synchronize its own User Files, with one or more other customers of AeroFS (each, a “Third-Party User”). Customer acknowledges that it is Customer’s sole responsibility to evaluate any risks relating to such sharing, receiving or syncing of content with any Third-Party User.

2.5 Indemnification by Customer.

Customer shall indemnify, defend and hold harmless AeroFS from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to (a) any User Files, or breach or alleged breach by Customer of Section 2 (User Files), (b) any service or product offered by Customer in connection with or related to the Product, or (c) any sharing, receiving or syncing of files with a Third-Party User.

2.6 Health Information.

Customer will not submit to the Product any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations (“Health Information”) and acknowledges that AeroFS is not a Business Associate and that the Product is not HIPAA compliant. “HIPAA” means the Health Insurance Portability Act, as amended and supplemented. Notwithstanding anything to the contrary herein, AeroFS shall have no liability under this Agreement for Health Information.

2.7 Transmission of Data via Product.

Customer acknowledges and agrees that the purpose of the Product is to allow Customer to share and synchronize User Files, and that by its nature, this will result in the transmission to and from AeroFS of technical, account, and other information (including in some cases User Files) from Customer. Further information on data transfer may be found in the online Product documentation.

2.8 Global Transmission.

Customer acknowledges and agrees that Customer has sole control over what User Files it shares and the persons with whom such User Files are shared, which may cause the transfer of User Files (including personally identifiable information included therein) to other countries or jurisdictions around the world.

3. Ownership.

Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, AeroFS and its suppliers have and will retain all rights, title and interest in and to the Product (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) and all copies, modifications and derivative works thereof. Any and all suggestions, reports, ideas for improvement and other feedback of any type provided by Customer regarding the Product are the sole property of AeroFS and AeroFS may use such information in connection with any of its products or services without any obligation or restriction based on intellectual property rights or otherwise. Customer acknowledges that it is obtaining only a limited license right to the Product and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to Customer under this Agreement or otherwise.

4. Fees and Payment.

Customer shall pay all fees due for Subscriptions when due. Fee and payment terms are specified at the time of purchase and may also be referenced here: https://www.aerofs.com/terms#payment.

5. Term of Agreement.

5.1 Term and Termination.

This Agreement is effective as of the Effective Date and expires on the day that all Subscription Terms have expired. Either party may terminate this Agreement (including all related Subscriptions) if the other party: (a) fails to cure any material breach of this Agreement within thirty (30) days after written notice of such breach; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within sixty (60) days thereafter). Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.

5.2 Effect of Termination.

Upon any expiration or termination of this Agreement, Customer shall cease any and all use of the Product, destroy all copies of the Client Software, and so certify to AeroFS in writing.

5.3 Survival.

Sections 1.6 (Restrictions), 2.1 (Responsibility for User Files), 2.3 (Storage of User Files), 2.5 (Indemnification by Customer), 3 (Ownership), 4 (Fees and Payment), 5 (Term of Agreement), 6.3 (Disclaimer), 8 (Limitation of Remedies and Damages), 9 (Confidential Information) and 11 (General) shall survive any termination or expiration of this Agreement.

6. Limited Warranty and Disclaimer.

6.1 Limited Warranty.

AeroFS warrants to Customer that the Product will operate in substantial conformity with the Documentation during the Subscription Term. AeroFS’ sole liability (and Customer’s exclusive remedy) for any breach of this warranty shall be, in AeroFS’ sole discretion, to use commercially reasonable efforts to correct the reported non-conformity or provide a work-around, or if AeroFS determines such remedies to be impracticable, either party may terminate the Subscription Term and Customer shall receive as its sole remedy a refund of any fees Customer has pre-paid for use of the Products for the terminated portion of the applicable Subscription Term.

6.2 Exclusions.

The above warranty shall not apply: (a) unless Customer makes a claim within thirty (30) days of the date on which the condition giving rise to the claim first appeared; (b) if the Product is used with hardware or software not specified in the Documentation; (c) if any modifications are made to the Product by Customer or any third party; (d) to defects in the Product due to accident, abuse or improper use by Customer; or (e) to Unpaid Subscriptions or other services or items provided on a no charge or evaluation basis.

6.3 Disclaimer.

THIS SECTION 6 CONTAINS A LIMITED WARRANTY AND EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6 THE PRODUCT AND ALL SERVICES ARE PROVIDED “AS IS”. NEITHER AEROFS NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. AEROFS DOES NOT WARRANT THAT CUSTOMER’S USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. CUSTOMER ACKNOWLEDGES THAT ALL SECURITY SOLUTIONS HAVE INHERENT LIMITATIONS AND THAT AEROFS WILL NOT BE LIABLE FOR ANY FAILURE OF SECURITY OR ENCRYPTION MEASURES OR FOR ANY UNAUTHORIZED ACCESS TO ANY FILES OR DATA. FURTHERMORE, AEROFS SHALL NOT BE LIABLE FOR THE ACTIONS OF ANY THIRD-PARTY USER, INCLUDING WITHOUT LIMITATION ANY USE OR ACCESS OF CUSTOMER’S FILES OR DATA BY ANY THIRD-PARTY USER WITH WHOM CUSTOMER ELECTS TO SHARE SUCH FILES OR DATA. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD.

7. Support.

Online self-help support is available for the Product at: https://support.aerofs.com/

8. Limitation of Remedies and Damages.

8.1 AEROFS SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

8.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AEROFS’ AND ITS SUPPLIERS’ ENTIRE LIABILITY TO CUSTOMER SHALL NOT EXCEED THE GREATER OF (X) THE AMOUNT ACTUALLY PAID BY CUSTOMER TO AEROFS UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM OR (Y) ONE HUNDRED U.S. DOLLARS ($100).

8.3 The parties agree that the limitations specified in this Section 8 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

9. Confidential Information.

Each party (“Receiving Party”) agrees that all code, inventions, know-how, business, technical and financial information it obtains from the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be Confidential Information due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any software, documentation or technical information provided by AeroFS (or its agents), performance information relating to the Product, and the terms of this Agreement shall be deemed Confidential Information of AeroFS without any marking or further designation. Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (a) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (b) is or has become public knowledge through no fault of the Receiving Party; (c) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (d) is independently developed by employees of the Receiving Party who had no access to such information. Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law.

10. Publicity.

Customer agrees that AeroFS may publicly reference Customer as a customer of the Product.

11 General.

11.1 Assignment.

This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party shall assign this Agreement (or any part thereof) without the advance written consent of the other party, except that AeroFS may assign this Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of such party’s assets or voting securities. Any attempt to transfer or assign this Agreement except as expressly authorized under this Section 11.1 will be null and void.

11.2 Severability.

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.

11.3 Governing Law; Jurisdiction and Venue.

This Agreement shall be governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. 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). Customer agrees to submit to the personal jurisdiction of the state and federal courts located in Santa Clara County, California for any actions for which a party seeks to retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction as set forth in Section 11.4 below, including any provisional relief required to prevent irreparable harm. The parties 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.

11.4 Arbitration.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH CUSTOMER CAN SEEK RELIEF FROM AEROFS. In the unlikely event that AeroFS has not been able to resolve a dispute it has with Customer after sixty (60) days, the parties each agree to resolve any claim, dispute, or controversy (excluding any AeroFS claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, 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. Nothing in this Section 11.4 shall be deemed as preventing either party from seeking injunctive or other equitable relief from the courts as necessary to protect any of its proprietary interests.

11.4.1 JAMS.

Except as set forth in Section 11.4.2 below, the following applies: The arbitration will be conducted in Santa Clara County, California, unless Customer and AeroFS 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.

11.4.2 Exception for Individuals.

If Customer is an individual, then the following provision applies in lieu of Section 11.4.1: JAMS may be contacted at www.jamsadr.com and may require Customer to pay a fee for the initiation of its case unless Customer applies 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 Customer requests an in-person hearing in Customer’s hometown or Customer and AeroFS agree otherwise. The award rendered by the arbitrator may include Customer’s 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. Customer may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve Customer of the commitment to engage in the informal dispute resolution process.

11.4.3 General.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED A SUBSCRIPTION FOR PERSONAL, COMMERCIAL, OR NON-COMMERCIAL 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 AEROFS AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND AEROFS 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.

11.5 Attorneys’ Fees and Costs.

The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys’ fees and costs in connection with such action.

11.6 Notices and Reports.

Any notice or report hereunder shall be in writing to the notice address set forth above and shall be deemed given: (a) upon receipt if by personal delivery; (b) upon receipt if sent by certified or registered U.S. mail (return receipt requested); or (c) one day after it is sent if by next day delivery by a major commercial delivery service.

11.7 Amendments; Waivers.

No supplement, modification, or amendment of this Agreement shall be binding, unless executed in writing by a duly authorized representative of each party to this Agreement. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. No provision of any purchase order or other business form employed by Customer will supersede the terms and conditions of this Agreement, and any such document relating to this Agreement shall be for administrative purposes only and shall have no legal effect.

11.8 Entire Agreement.

This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.

11.9 Audit Rights.

Upon AeroFS’ written request, Customer shall certify in a signed writing that Customer’s use of the Product is in full compliance with the terms of this Agreement (including any copy and user limitations).

11.10 Independent Contractors.

The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.

11.11 Force Majeure.

Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.

11.12 Government End-Users.

The Client Software is commercial computer software. If the user or licensee of the Client Software is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Client Software, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Client Software was developed fully at private expense. All other use is prohibited.

11.13 Export Compliance.

Customer acknowledges that the Product is subject to export restrictions by the United States government and import restrictions by certain foreign governments. Customer shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export the Client Software or any other part of the Product or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. Customer agrees to the foregoing and warrants that it is not, and it will not allow access to the Product by any party which is, located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The Product is further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government. Customer will not submit to the Product any information that is controlled under the US International Traffic in Arms Regulations.

11.14 Third-Party Code.

The Client Software may contain or be provided with components subject to the terms and conditions of “open source” software licenses (“Open Source Software”). Open Source Software may be identified in the Documentation, or AeroFS shall provide a list of the Open Source Software for a particular version of the Client Software to Customer upon Customer’s written request. To the extent required by the license that accompanies the Open Source Software, the terms of such license will apply in lieu of the terms of this Agreement with respect to such Open Source Software, including, without limitation, any provisions governing access to source code, modification or reverse engineering.

11.15 Aggregated Anonymous Data.

Notwithstanding anything to the contrary herein, Customer agrees that AeroFS may obtain and aggregate technical and other data about Customer’s use of the Products that is non-personally identifiable with respect to Customer (“Aggregated Anonymous Data”), and AeroFS may use the Aggregated Anonymous Data to improve, support and operate the Products and otherwise for any business purpose during and after the term of this Agreement. For clarity, this provision does not give AeroFS the right to identify Customer as the source of any Aggregated Anonymous Data.

AeroFS Website Privacy Policy

This Document was last updated April 16, 2014.

Welcome to the website for AeroFS, an online and mobile service of Air Computing, Inc. (“AeroFS,” “we,” “us” or “our”). Our Privacy Policy explains what type of information we collect on our website located at aerofs.com and its related subdomains (collectively, the “Site”) from visitors to the Site (“you” or “your”), and how we collect, use, disclose, and protect this information.

This Privacy Policy applies to the Site. It does not apply to the products, software, goods, services, or other merchandise that we offer for purchase on or through the Site, which are subject to separate terms and conditions.

Safe Harbor Program

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/.

Information We Collect and How It Is Used

We collect the following types of information about you:

Information you provide us directly:

When you correspond or register with us we may ask for certain information such as your username, first and last name, email addresses, organization or team you belong to, telephone numbers, home, business, and/or billing postal addresses, and email contacts. We may also retain any messages you send to us and may collect information you provide or content you post to the Site. We use this information to operate, maintain, and provide to you the features and functionality of the Site 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.

Information Collected Through Technology:

When you visit the Site, or when you open an email that we’ve sent to you as a result of your interactions with the Site, or when you click on a link within one of these emails, AeroFS and our business partners may collect certain information about your computer or device through technology such as cookies, web beacons, clear gifs, 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:

  1. Operate our Site, including by remembering information so that you will not have to re-enter it during this visit (or your next);
  2. Identify and protect our customers;
  3. Control unauthorized use or abuse of our Site and our products and services;
  4. Monitor usage and traffic patterns;
  5. Analyze, manage and improve our products and services; and
  6. Diagnose or fix technology problems.

How We Share and Disclose Information

We will not rent or sell your information to third parties outside AeroFS and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted below:
Persons with whom we may share your information:

  1. We may share your information with third-party vendors, consultants and other service providers who perform services on our behalf, which may include managerial or technical services or providing site analytics, among other things. These business partners will be given as limited access to your information as is reasonably necessary to deliver the service under reasonable confidentiality terms.
  2. We may share analytics and click stream data with third party organizations or individuals, but will only share data that is anonymized or in aggregate form.
  3. We may aggregate, or strip information of personally identifying characteristics, and may share that aggregated or anonymized information with third parties.
  4. We may share your information with our business partners who offer a service to you jointly with us, for example when running a cross-promotion.
  5. We may share your information with our business partners with your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their own privacy policies.

Interest-Based Advertising:> We also utilize third-party analytics services which may collect information about your interaction with the Site. We may use that information to serve interest-based advertising about our products to you when you visit third party web sites.

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 Site 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 AeroFS, 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.

How We Store and Protect Your Information

Storage and Processing: Personal information collected through the Site may be stored and processed in the United States or any other country in which AeroFS or its subsidiaries, affiliates or service providers maintain facilities. AeroFS may transfer information that we collect about you, including personally identifiable Information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personally identifiable information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and by providing us with your information you consent to the transfer of such information to the U.S. or any other country in which AeroFS or its subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you, including personally identifiable information, as described in this Privacy Policy.

When You Subscribe

When you subscribe to an AeroFS product or service, we may request certain personally identifiable information (such as name, email, billing and/or shipping address) and financial information (such as credit card number and expiration date). We will use this information for billing purposes and to fill your orders. If we have trouble processing an order, need to return an item, or otherwise have customer service or support issues, we will use this information to contact and assist you. We may 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 these service-related e-mails. 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://www.aerofs.com and clicking on ‘Settings’ followed by ‘Manage Subscription’ and ‘Cancel Subscription’. If you are an individual registered user, and the domain of the primary email address associated with your account is owned by your employer and that email address was assigned to you as an employee of that organization, and that organization wishes to establishes an organization account and add you to it, then certain information concerning past use of your individual account may become accessible to that organization’s administrator including your email address.

Your Choices About Your Information

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. If you have any questions about reviewing or modifying your account information, you can contact us directly at support@aerofs.com

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 may prevent us and our business partners from tracking your browser’s activities in relation to the Site. However, doing so may disable many of the features available through the Site. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at support@aerofs.com. Your Web browser may also have a “do not track” setting which, when enabled, causes your browser to send a do not track HTTP header file or “signal” to each site you visit. At present, the Site does not respond to this type of signal.

How long we retain information: We may retain and use your information as necessary to support the Site, 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 Site by e-mailing us at support@aerofs.com or by contacting us at:

Air Computing, Inc. (AeroFS)
635 High Street
Palo Alto, CA, 94301

Please note that we may not be able to delete certain types of personal information collected on the Site and later used in connection with purchasing, accessing or using our products or services unless you cancel subscriptions or other agreements you might have with AeroFS. However, such information may be modified with sufficient verification of the new information. Note that the deletion of data may lead to your inability to use or access an AeroFS account or applicable goods and services. To obtain 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 Use, and for technical and legal requirements and constraints related to the Site.

We Do Not Collect Information from Children

We do not intend or market the Site 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 support@aerofs.com.

Third-Party Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the Site, including the information or content contained therein. Please remember that when you use a link to go from the Site to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies.

Changes to Our Privacy Policy

We reserve the right to modify the Privacy Policy at any time. When we change the Privacy Policy, we will post the new policy on the website and update the "Last Modified" date set forth above. Please check back frequently. Your continued use of the Site indicates your consent to the practices described in this Privacy Policy.

How to Contact Us

If you have any questions about this Privacy Policy or the Site, please contact us at support@aerofs.com or by contacting us at:

Air Computing, Inc. (AeroFS)
635 High Street
Palo Alto, CA, 94301

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.

The AeroFS Hybrid Cloud & Your Privacy

This Document was last updated April 16, 2014.

We do not store your User Files: The AeroFS Hybrid Cloud allows you to create a library of your data (“User Files”) on your local device, and then synchronize and share these User Files across multiple devices (or with other users). However, our decentralized, privacy-focused approach to synching and sharing means that your User Files are not stored on a central AeroFS “cloud” server.

Content API: Your User Files are always encrypted during transmission. However, for technical reasons when you access your files using the AeroFS iOS client, from the AeroFS Web interface, or from other clients we may list in our product documentation from time to time (the “Specified Clients”), it may be necessary for the AeroFS server to utilize the AeroFS Content API to access your unencrypted User Files, before re-encrypting them for transmission over a different connection. If you do not wish for your User Files to be accessed in this manner, check your account preferences and make sure that the Content API user preference is turned off (it is turned off by default). With this preference turned off, you won’t be able to share or synchronize your User Files with the Specified Clients. No matter the Content API status, we will not view your User Files.

Information collected through the AeroFS Client Software: This software will have access to limited amounts of data stored in three locations on your computer or device as described further below:

  1. The Installation Directory, where AeroFS executables are located;
  2. The Settings Directory, where AeroFS stores user-specific settings, databases and logs; and
  3. To a limited extent, the User Data Directory, where users store User Files.

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. The AeroFS Hybrid Cloud does not access, store or collect to the data, content or information you store on your local device unless you move data to the User Data Directory. For example:

  1. If you share a folder with others, we receive the following information: the folder name, the user ID for the users who are sharing that folder, and permission information for the shared folder, such as which users have read, write and delete permissions. This information is used to manage the shared access to the folder and may be used to populate the web dashboard.
  2. If you share a folder or data with others on a Team Server, we may collect the folder name, the user ID for the users who are sharing that folder, and permission information for the shared folder. The organization administrator will have access to view and manage all of the data stored on the Team Server, including the content of the folders, and your data may be shared among others in the organization.
  3. If a defect report is automatically generated, we may collect information found in the Installation and Settings Directories, which include technical information about your device such as the OS name, file system type, the size and contents of the log and configuration files, configuration parameters, such as user ID, device ID, installation path, etc. and a copy of the AeroFS Settings folder or database with anonymized folder and file names. We do not collect the content or metadata of User Files when we generate automatic defect reports.
  4. If you submit a defect report, we may collect the same technical information about your device as described above, and with your explicit consent we may collect additional metadata about your specific files and folders, including the actual file and folder names, but not the contents of the files.

We do not view the content of your User Files. In fact as explained above, AeroFS does not have access to your unencrypted User Files except to the very limited extent required when you elect to use the AeroFS Content API.

When You Share Your User Files with Third Parties

The AeroFS Hybrid Cloud includes collaboration features that support your ability to share your User Files with other users whom you choose. When you do this, 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. Use common sense when you share and collaborate and limit this activity only to those users you trust. Remember, these users with whom you share files might decide to copy, retain, or share your files with third parties. Any information or content that you voluntarily disclose or transmit through the Hybrid Cloud, 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 AeroFS Hybrid Cloud 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. AeroFS is not responsible and we do not exercise control over any third-parties that you authorize to access your User Files.

Additional Questions?

For additional questions about the AeroFS Hybrid Cloud, please contact us at support@aerofs.com or by contacting us at:

Air Computing, Inc. (AeroFS)
635 High Street
Palo Alto, CA, 94301

DMCA Policy

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.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.
  6. Deliver this Notice, with all items completed, to Air Computing’s Designated Copyright Agent:

    Copyright Agent
    Air Computing, Inc.
    635 High Street
    Palo Alto, CA, 94301
    copyright@aerofs.com

Acceptable Use Policy

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.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  1. copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  2. using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Air Computing servers than a human can reasonably produce in the same period of time by using a conventional web browser;
  3. transmitting spam, chain letters, or other unsolicited email;
  4. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
  5. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  6. uploading invalid data, viruses, worms, or other software agents through the Service;
  7. collecting or harvesting any personally identifiable information, including account names, from the Service;
  8. using the Service for any commercial solicitation purposes;
  9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  10. interfering with the proper working of the Service;
  11. accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
  12. bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
  13. modifying, disassembling, decompiling or reverse engineering the Software, except to the extent that such restriction is expressly prohibited by law; or
  14. selling, licensing, renting, modifying, distributing, copying, reproducing, transmitting, publicly displaying, publicly performing, publishing, adapting, editing or creating derivative works from any Air Computing Content.

User Files

You agree to only add to your shared folder or share User Files:

  1. that you have the lawful right to use, copy, distribute, transmit, or display; and
  2. that do not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right).

You agree not to add to your shared folder or share User Files that:

  1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
  2. may create a risk of any other loss or damage to any person or property;
  3. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  4. may constitute or contribute to a crime or tort;
  5. contains any information or content that we deem to be 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, profane, or otherwise objectionable;
  6. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
  7. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
  8. contains any information or content that you know is not correct and current.

Pricing and Payment Terms

This Document was last updated April 16nd, 2014

By using any paid aspects of the Product, 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 Hybrid Cloud 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 we suspend or terminate your account or the Hybrid Cloud Terms of Service for your breach of the Hybrid Cloud Terms of Service, including without limitation these Pricing and Payment Terms, 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 Product, 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 Product using your payment method and for any paid feature of the Product that you choose to sign up for or use while the Hybrid Cloud 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 Subscriptions . 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 Product, we may cancel your Subscription. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.