BY SIGNING UP OR SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING TO BE LEGALLY RESPONSIBLE FOR ABIDING TO THESE TERMS AND CONDITIONS
This Services Agreement is entered into as the Effective Date by and between Airxons LTD, Address: Airxons Ltd, Suit 418 MKK Plaza Gudu District,Gudu FCT Abuja and [COMPANY NAME AND ADDRESS] (the "Client").
These AIRXONS Server Terms and Conditions (« T&Cs ») define the conditions under which Airxons Ltd, a limited liability company, with its registered office located at Suit 418 MKK Plaza Gudu District, Gudu FCT Abuja, which provides hosted ad serving solutions to advertiser and publisher (the "Client") and has developed a proprietary ad serving application (the "Software") and offers training, maintenance and technical support (the "Support"). The T&Cs constitute an agreement (the "Agreement") between Airxons and Client.
Unless otherwise defined herein, capitalized terms shall have the respective meanings assigned to such terms as set forth below:
"Account Data" has the meaning assigned to such term in Section 4(d)(ii).
"Ad Code" means the unique code assigned by Airxons to be inserted in a Client's web page which calls upon Airxons Software to place an advertisement in Ad Space.
"Advertiser" means each space with which Client contracts with for the placement of such space's Advertisements with Airxons or a Publisher.
"Affiliate" means any corporation or other business entity or concern in which at least 51% ownership interest or control, either directly or indirectly, is held.
"Effective Date" means the latest signature date of this Agreement or the date of Client's online application approval by Airxons.
"Airxons Server" means the computer hardware servers owned & controlled by Airxons on which Airxons hosts the Software, their related software, database or internet servers, firewalls and networks necessary for Client to access and use the Software over the internet as contemplated by this Agreement.
"Confidential Information" means (i) with respect to Client: any and all Account Data or (ii) with respect to Airxons: (a) all information relating to Airxons's Servers or access (b) the Software, (c) any information regarding the content, purpose, design or function of the Software, (d) any know-how, technical data or other information, including, but not limited to that which relates to research, product plans, products, services, customers, markets, developments, inventions, processes, marketing or finances that is disclosed to Client by Airxons or (iii) with respect to either Party, all other information disclosed by either Party to the other which is marked "confidential" or "proprietary". The Parties understand, however, that Confidential Information shall not include any information that either Party can establish by written record (x) is already public knowledge without breach of confidentiality restriction, or (y) was known to such Party prior to its negotiations with the other Party, or (z) that is hereafter rightfully furnished to a Party by a third party without restrictions on disclosure and without breach of confidentiality restriction.
"Documentation" means the on-line help files or written instruction manuals regarding the use of the services generally made available by Airxons to Client.
"Publisher" means each entity with which Client has contracted with for the sale of such entities available advertising space. The term may refer to Client in case of Client owns or controls respective advertising spaces.
"Software" means the applications hosted on Airxons's Servers, java script tools and other applications originating from Airxons Servers, their accompanying Documentation, if any, and any upgrades thereto as may be implemented by Airxons during the term of this Agreement.
"Support" means the training, maintenance and technical support activities related to access to and use of the Software to be provided during the term of this Agreement as described in Exhibit B and C.
"Users" means the aggregate number of Client's, or it’s Affiliate's, employees, or consultants that have entered into a confidentiality agreement set forth in Section 9(a) who are authorized to access, via Airxons's Servers, and use the Software as set forth in this Agreement.
"Ad Space" means areas on some part of our web pages or Publisher web pages in which Advertisements will be served by Airxons.
"Advertisement" is defined as a write-up, image or creative or Java Script tag or Third party ad server tag or html and its contents which are served on Airxons website or the Publisher's Ad Space.
"Clicks" is defined as occurring each time an Advertisement appears on the Publisher's Ad Space resulting from a user accessing, visiting or interacting with such Publisher's web site or the Software.
Client desires to obtain (i) the right to access and use the Software and (ii) such Support subject to the terms and conditions set forth herein and Airxons desires to provide such Software and Support on such terms.
NOW, THEREFORE, for good and valuable consideration as further set forth herein, Airxons and Client (each a "Party" and collectively the "Parties") agree as follows:
The T&Cs constitute an agreement between Airxons and Client. Other contracts and terms, which are not agreed with Airxons in writing, are excluded.
Use of the Airxons Software by Client is a sufficient acknowledgment that Client has read, agreed and understood the T&Cs.
Airxons has the right to amend the T&Cs from time to time at its sole discretion. Client will be notified of such change via email, change notice or posting on Airxons web site. The continued use of the Service by Client shall mean the acceptance of such change.
2. SOFTWARE IMPLEMENTATION AND ACCEPTANCE.
The Software shall be implemented by Airxons and accepted by Client as set forth below:
(a) Implementation. Immediately following the Effective Date, Airxons shall implement the Software for Client in accordance with Exhibit C attached hereto. 's implementation shall be standards and in accordance with Airxons's standard services methods, including but not limited to, requirement analysis, system configuration and training.
Airxons will offer Support with respect to access to and use of the Software via Airxons's Servers in accordance with the terms set.
5. CLIENT RESPONSIBILITIES.
(a) Prohibited activities. Client should not use Airxons ad tags to display ads on websites, mobile sites or applications that:
Violate any local, national, state or international law or regulations;
Transmit any content or materials of abusive, pornographic, vulgar, harassing, obscene, invasive or otherwise offensive content of any kind.
(b) Data Back-Up. Client agrees that it is responsible for establishment and maintenance of back-up plans to protect against the possibility of loss of data or other information of Client uploaded to the Software.
(c) Accuracy. Client agrees that it is solely responsible for proper implementation of sufficient procedures and checkpoints to satisfy any requirements it may have regarding the accuracy of any input or output of the Software in accordance with instructions and technical support, provided by Airxons within the scope of this agreement.
(d) Access Security. Client shall implement security measures understood in the industry to provide adequate protection against unauthorized access to, or use of the Software. Client is responsible for any and all actions taken using Client's accounts and credentials. Client agrees to immediately notify Airxons of any unauthorized use of which Client becomes aware.
6. PAYMENT OBLIGATIONS.
(i) Initial Term. In consideration of the rights granted hereunder, Client shall use Airxons ad server for a minimum of 1 day, starting from the date of the first impression served. Client shall pay Airxons ad serving fees and optional customization fee in the amount, set forth in Exhibit A. The plan shall be selected during the signup process and may be changed by Client no more often than once per month. Plan change will become in effect on the day one of the next calendar month. Payment for a selected plan shall be made in advance.
(ii) Renewal Term. Client can choose to set his slot to auto-renew at any giving time prior to current ad expiration.
(b) Payment. Upon ad settings and submission, clients accounts get debited by Airxons. Client must have balance before submitting, else ad will not get successfully processed.
(c) Taxes, banking commissions and currency fees. Each Party is solely and separately responsible for its own taxes, levies and duties. Airxons assumes no responsibility for paying any taxes, banking commissions or currency fees on behalf of Client. By using the Software Client assumes complete and sole responsibility for any taxes, banking commissions or currency fees owed as a consequence thereof.
(d) Currency. All fees quoted and payments made hereunder shall be in agreed currency that is been accepted or used by Airxons.
(e) Refund. In case any technical issues in Airxons Ad Server result in money loss, a client is entitled to request a refund. The maximum amount of the refund may not exceed 50% of the client's latest monthly cumulative purchase.
Client agrees that Airxons may use Client's name in Airxons's press releases, product brochures and other marketing materials, financial reports and prospectuses, indicating that Client is a user of the Software and a customer of Airxons. Airxons may use Client's name or logo and may include quotes or statements made by Client regarding its use of the Software in any of the materials set forth in this Section 7 with the prior written consent of Client, such consent not to be unreasonably withheld or delayed.
8. TERM, TERMINATION AND SURVIVAL.
(a) Term. The Initial Term (the "Initial Term") of this Agreement shall commence on the Effective Date and shall continue for the period defined in 6.a.(i).
(b) Termination for Convenience. Either Party may terminate this agreement for convenience with at least 30 (thirty) days prior written notice (including e-mail).
(c) Termination for Cause. Either Party may terminate this Agreement on written notice if the other Party has breached any material term or condition of this Agreement and such breaching Party has failed to cure such breach within 30 (thirty) days of receipt of notice of such breach by the non-breaching Party.
(d) Removal. Client will remove all tags within 15 days of termination of contract. If Client does not remove ad tags within 15 days, to cover costs, Airxons will serve third party ads to remaining ad tags without payment to Client.
(e) Survival. The provisions of this Section 8(c) and Sections 4(c), 4(d), 9, 11, 12, 13 and 14(b) shall survive any termination or expiration of this Agreement.
9. CONFIDENTIAL INFORMATION.
(a) Non-use and Non-disclosure. Each Party agrees that it will not use or disclose any Confidential Information received from the other Party other than as expressly permitted under this Agreement or as expressly authorized in writing by the disclosing Party. The receiving Party shall use the same degree of care to protect Confidential Information of the other Party as it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care. Client agrees that it will require every employee or consultant who will have access to, use of, or knowledge of the Software to execute (in advance of and as a condition to such access, use of or knowledge) a confidentiality agreement including terms substantially similar to those contained in this Section 9.
(b) Mandatory Disclosures. Notwithstanding Section 9(a) above, nothing in this Section 9 will prevent either Party from disclosing Confidential Information of the other to the extent required by law, judicial order or other legal obligations, provided that in such an event, the Party disclosing such Confidential Information of the other shall notify such Party to allow such Party to seek a protective order or other appropriate relief. If a protective order is not obtained, the Party required to make such disclosure shall disclose only that portion of the Confidential Information which its counsel, in its reasonable judgment, advises is legally required to disclose.
(c) Authorized Disclosure. Notwithstanding the provisions of this Section 9, each Party may disclose the terms of this Agreement (i) in connection with the requirements of an initial public offering or securities filing; (ii) in confidence, to accountants, banks and financing sources and their advisors; (iii) in confidence in connection with the enforcement of this Agreement or rights under this Agreement; or (iv) in confidence, in connection with a merger or acquisition or proposed merger or acquisition or the like.
(d) Return of Confidential Information. Upon non-renewal or earlier termination of this Agreement, each Party shall promptly, but in no event more than 30 (thirty) days thereafter, return to the other Party all Confidential Information of such Party which is in tangible form, or certify in writing that all such Confidential Information has been destroyed. Airxons acknowledges and agrees that all Account Data shall be erased from the Software within thirty (30) days of non-renewal or earlier termination.
(e) Remedies. Both Parties agree that the obligations of each Party provided in this Section 9 are necessary and reasonable in order to protect each Party and its business, and each Party expressly agrees that monetary damages would be inadequate to compensate either Party for any breach by the other Party of its covenants and agreements set forth herein. Accordingly, both Parties acknowledge and agree that any such violation or threatened violation will cause irreparable injury to the other Party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, both Parties shall be entitled to obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by the other Party, without the necessity of proving actual damages.
10. REPRESENTATIONS AND WARRANTIES.
(a) Airxons. Airxons represents and warrants that it has the necessary corporate right, power and authority to enter into this Agreement and to grant Client the rights set forth herein with regard to the access and use of the Software and Services.
(b) Client. Client represents and warrants that Client's services, products, materials, data, and information used by Client in connection with this Agreement as well as Client's and Users' use of the Software does not and will not during the term of this Agreement operate in any manner that would violate any applicable law or regulation. In furtherance of the foregoing, Client hereby represents and warrants that (i) it has, or will have, entered into written agreements granting Client all necessary licenses, rights and other similar consents (a) with each Publisher for the display of advertisements in each such Publisher's Ad Space, (b) with each Advertiser for placement of each such Advertiser's advertisement in each Publisher's Ad Space, and (c) with respect to any other data, content, or materials used by Client, in each case prior to use of the Software in connection therewith, and (ii) that Client's activities pursuant to subsection (i) above will comply with all applicable laws and will not infringe the trademark, copyright, trade secret, privacy, publicity, or other rights of any third party.
(c) Breach of Warranties. In the event of any breach, or reasonably anticipated breach, of any of Client's warranties herein, in addition to any other remedies available at law or in equity, Airxons will have the right to immediately, in Airxons's sole discretion, suspend Client's access to and use of the Software or Services if deemed reasonably necessary by Airxons to prevent any liability for Airxons.
(a) Airxons. Airxons shall defend and or settle at its sole expense, any claim brought by a third party against Client that the Software when accessed and used in accordance with this Agreement, infringes any patent or copyright or trade secret of any third party and shall pay any damages finally awarded or settlements entered into to the extent based upon such a claim; provided that Client notifies Airxons, but in no event more than twenty (20) days, thereof in writing of any such claim; promptly tenders sole control of the defense and settlement of any such claim to Airxons and shall provide Airxons with all information and cooperation at Airxons's expense (excluding the value of the time of Client's employees) reasonably required in defending or settling such claim and Client may join in defense with counsel of its choice at its sole expense. If the Software is, or in the sole discretion of Airxons may become, the subject of any claim of infringement or if it is justly determined that the Software infringes, Airxons may, in its sole discretion and expense, either (i) procure for Client the right from such third party to permit access to or use of the Software, (ii) replace or modify access to or use of the Software in order that such access to and use of the Software becomes no infringing or (iii) if the options described under subsection (i) and (ii) of this Section 11(a) are not in Airxons's judgment practicable, terminate this Agreement effective upon written notice to Client. Airxons shall further indemnify, defend and hold harmless Client from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Airxons arising out of or related to any alleged or actual breach by Airxons of its representations and warranties, its obligations herein and any applicable laws and regulations.
(b) Exceptions to Airxons's Obligation. Airxons's obligations pursuant to Section 11(a) above shall not apply to the extent such infringement arises as a result of (i) modifications to the Software made other than by Airxons or Airxons's authorized representatives, or (ii) the combination or use of the Software with materials not furnished by Airxons. THIS SECTION 11 STATES Airxons's ENTIRE OBLIGATION WITH RESPECT TO ANY CLAIM REGARDING THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
(c) Client. Except with respect to claims for which Airxons is obligated to indemnify Client under Section 11(a), Client shall indemnify, defend and hold harmless Airxons from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Airxons arising out of any third party claim related to any alleged or actual breach by Client of the representations and warranties set forth in Section 11(b) above and (ii) Client's breach of its obligations herein and (iii) Client's breach of any applicable laws and regulations.
12. LIMITATION OF LIABILITY.
IN NO EVENT WILL AIRXONS 'S LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE SUM OF THE FEES ACTUALLY PAID BY CLIENT TO AIRXONS DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO EITHER PARTY LIABILITY. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOSS OF DATA, LOST PROFITS, COST OF COVER, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM ACCESS TO OR USE OF THE SOFTWARE OR ANY ACCOMPANYING MATERIALS, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ON ANY OTHER THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS SET FORTH IN THIS SECTION 12 SHALL NOT APPLY TO ANY BREACH BY CLIENT OF THE LICENSE RESTRICTIONS OR TO EITHER PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9 OR EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11. THE PARTIES AGREE THAT THIS SECTION 12 REPRESENTS A REASONABLE ALLOCATION OF RISK.
13. WARRANTY EXCLUSIONS.
EXCEPT AS SET FORTH IN SECTION 10(a) ABOVE, (I) AIRXONS DOES NOT WARRANT THAT AIRXONS'S SERVERS, ACCESS TO OR USE OF THE SOFTWARE OR THE SUPPORT PROVIDED WILL MEET CLIENT'S REQUIREMENTS OR THAT THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, (II) AIRXONS'S SERVERS, ACCESS TO AND USE OF THE SOFTWARE, THE SUPPORT AND ANY ACCOMPANYING MATERIALS ARE PROVIDED "AS IS" AND (III) AIRXONS MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO AIRXONS'S SERVERS, ACCESS TO OR USE OF THE SOFTWARE OR SUPPORT OR ANY ACCOMPANYING MATERIALS PROVIDED AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE.
(a) Independent Contractors. The Parties hereto are independent contractors and no agency, joint venture, partnership, employer-employee, or franchise-franchisee relationship is intended or created by this Agreement.
(b) Severability, Headings. If any provision of this Agreement is held to be unenforceable or invalid for any reason, the remaining provisions will continue in full force and effect with such unenforceable or invalid provision to be changed and interpreted to best accomplish its original intent and objectives. All headings are for reference purpose only and in no way define, limit, or construe the scope or extent of the corresponding section.
(c) Assignment. Neither party may assign, or otherwise transfer, its rights or delegate any of its duties or obligations under this Agreement, by operation of law or otherwise (collectively, an "Assignment"), without the prior written consent of the other party, except on the occurrence of a Change of Control Event. For purposes of this Section 14 (d), a change in the persons or entities who control fifty percent (50%) or more of the equity securities or voting interest of Client shall be considered a Change of Control Event. Any attempted Assignment in violation of this Section shall be null and void and of no effect. Subject to the foregoing, the provisions of this Agreement shall apply to and bind the successors and permitted assigns of the Parties.
(i) Delivery. Except as otherwise provided in this Agreement, all invoices, reports, consents, approvals or other communications required or permitted to be delivered hereunder, shall be in writing, signed by the issuing Party, and must be (1) delivered in person, (2) sent postage prepaid by first class registered mail or air mail, as appropriate, or (3) sent by a secure, overnight air courier service, (4) sent by e-mail in each case at the address set forth in subsection (4) (e)(ii) below. Receipt will be deemed effective upon actual delivery in person, three (3) business days after deposit in the mail or one (1) day after delivery to an overnight courier service.
(ii) Addresses. Each Party may designate the addresses for the communication to the other from time to time in writing.
(e) Force Majeure. If performance of any obligation hereunder (other than payment, confidentiality or indemnity obligations) is interfered with by any condition beyond a Party's reasonable control (including but not limited to acts of God, fire, or telecommunications systems breakdown), the affected Party shall be excused from performance of such obligation to the extent of such condition. If any such condition continues to prevent or delay performance for more than ninety (90) days, the affected Party may terminate this Agreement, in whole or in part, effective immediately upon written notice to the other Party.
(f) Non-solicitation. Both Parties agree that, during the period of this agreement, they will not directly or indirectly solicit or in any manner encourage employees or consultants of the other Party to end their relationships with either Party.
(g) Entire Agreement, Waiver, Counterparts. This Agreement, including any exhibits hereto, constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior oral or written communications or understandings related thereto. Except as provided in Section 14(c) above, no provision of this Agreement may be amended or waived unless agreed to in writing by the Parties or by the Party granting such waiver. No failure or delay of either Party to exercise all or any part of any right or remedy hereunder will operate as a waiver of such right or remedy or portion thereof. This Agreement may be executed in counterparts, all of which taken together shall constitute one agreement between the Parties.
15. INAPPROPRIATE USE.
(a) Delivery/download without permission. Client may not use Airxons ad tags in any application that has been downloaded to user’s desktops without their permission. Client may not use Airxons ad tags to deliver/download any applications to the user's desktop without their explicit permission.
(b) Spyware, malware. Client may not serve Ads using Airxons through any software, including Adobe® Flash® which does any of the following without end user's explicit authorization: takes control of the end user's computer to send unsolicited information, Diverts or redirects end user's browser, Modifies computer settings for default internet access providers, search providers, bookmarks, security settings or web page display, Renders security settings, security software or anti-spyware programs inoperable, Induces or deceives a user to provide Personally Identifiable Information, Cannot be uninstalled or removed by standard and normal practices.
(c)Child abuse. Client may not use Airxons ad tags in any application/site that contain content explicitly related to child pornography.
(d) Irresponsible use. Client shall not:
(I)Take any action that imposes or may impose (as determined by Airxons in its sole discretion) an unreasonable or disproportionately large load on Airxons's infrastructure. Airxons may apply rate coefficients in case of low fill rates when the percentage of actual impressions is equal or less than 30% of all requests. Prices specified in the Exhibit A shall be multiplied by two (2) for fill rates above 10% but below or equal to 30% and multiplied by three (3) for fill rates below or equal to 10%.
(II) Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.
(III) Bypass, circumvent or attempt to bypass or circumvent any measures Airxons may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services).
(IV) Harvest or scrape any Content from the Services using manual or automated software, devices, or other processes.
(V) Otherwise take any action in violation of Airxons's guidelines and policies.
(e) Disclosure. If Airxons believes that Client is serving an ad that improperly contains spyware or malware, Airxons may at its sole discretion, reply to third party inquiries and disclose Client name and contact details to third party.
(f) Penalties and Probation. Any one of the preceding instances that occurs through your site or application, your publisher's sites or applications, or your advertisers, will count as a single violation or our Anti-Spyware clause. Each instance will cause automatic shutoff and you will be notified later. Notifications will be sent to the Emergency Contact or Primary Contact as listed in written communication between Airxons and Client. Each instance will result in a $1,000 equivalent in AirX asset non-refundable fine added to your next monthly invoice and will be recorded in your Client history on file with Airxons. Airxons will reserve the right to take additional action with multiple infractions such as barring that advertiser/publisher or shutting down your account.
SERVICE LEVEL AGREEMENT
1. General. Subject to the terms of this Agreement, Airxons agrees to provide the following maintenance and support services to Client. Any additional maintenance support requested by Client during the term of this Agreement shall be subject to a separate written agreement between Airxons and Client. Airxons will make the Software available for Client access and use over the Internet 24 hours per day, 7 days per week except for periods of scheduled maintenance and network access failures. Scheduled maintenance may occur weekly, only on weekends, or as otherwise coordinated with Client.
2. Technical Support. All support cases should be initiated through the Airxons web interface, by email to contact@Airxons.com, or chat support interface. Airxons will assign a Case ID to each request. Technical assistance and consultations can be provided by Technical Support representatives by the means of online audio and video appointments. Client and Sales Manager should preliminary negotiate the appointment agenda, payment terms, and schedule the appointment within 1-2 business days after the initial appointment request.
3. Data Back-up. Airxons agrees to a complete nightly back-up of Client's data and to keep that information available to the Client for a period of one year. Raw logs are backed up for 1 month. Airxons follows the commercially reasonable practice of storing back-ups offsite from the Airxons Servers location.
4. Interruption Notification. In the event of unscheduled Service interruption of ad serving (delivery of ads on web pages), Airxons will notify Client via e-mail within two (2) hours of problem identification and such notice will included an estimated time of Service restoration. Once the interruption is resolved and support is restored, Airxons shall provide an immediate follow-up notice via e-mail to Client, but in no event longer than two (2) hours thereafter, explaining the reason for the interruption, the duration of the interruption and the corrective measures taken by Airxons, if appropriate.
5. Level of Effort. Airxons will use commercially reasonable efforts commensurate with the then applicable industry standards to provide Client maintenance and support under this Exhibit C and in a professional and workmanlike manner, but Airxons cannot guarantee that every question or problem raised by Client will be resolved.
6. Trafficking and Reporting Interface. Airxons will use commercially reasonable efforts commensurate with the then applicable industry standards to provide Client with uninterrupted access to its trafficking and reporting interfaces hosted on www.Airxons.com during GMT Time Zone business hours. Scheduled downtime for database tuning and new feature releases will be primarily outside GMT Time Zone business hours.
7. Security. Airxons uses reasonable security measures to protect Client's data and accounts FROM unauthorized access. However, Client shall understand that use of Software involves transmission over other networks that are not controlled or operated by Airxons. Airxons is not responsible for any data loss, alteration, interception and unauthorized access across such networks. Airxons cannot guarantee that security procedures will be error-free, secure and cannot be defeated by third parties. Airxons will use commercially reasonable measures for elimination of security vulnerabilities Airxons becomes aware of.
SETUP AND TRAINING
Airxons will provide the following services to the Client:
Provide instructional documents for technical implementation and use of the Software.
Provide demo of Software features and capabilities via online audio and video calls.
Provide the Client with a username and password with which to access the Software.
The Software will be available to the Client for the delivery of Ads.
The Client will be solely responsible for soliciting all Advertisers and handling all Advertiser inquiries of any type or nature.
Client may purchase further training sessions at an additional cost. Company will pay Travel and Expenses for on-site training sessions requested.
Welcome to Airxons.com. Airxons Services Ltd and/or its affiliates ("Airxons") provide website features and other products and services to you when you visit or shop at Airxons.com, use Airxons products or services, use Airxons applications for mobile, or use software provided by Airxons in connection with any of the foregoing (collectively, "Airxons Services"). Airxons provides the Airxons Services subject to the following conditions.
By using Airxons Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Airxons Services, and sometimes additional terms may apply. When you use a Airxons Service (for example, Your Profile, Gift Cards, Airxons Video, Your Media Library or Airxons applications) you also will be subject to the guidelines, terms and agreements applicable to that Airxons Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Airxons Services, to understand our practices.
When you use Airxons Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Airxons Services, such as our Message Centre, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Airxons Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Airxons or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any Airxons Service is the exclusive property of Airxons.
Here is a non-exhaustive list of Airxons trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Airxons Service are trademarks or trade dress of Airxons in all countries. Airxons's trademarks and trade dress may not be used in connection with any product or service that is not Airxons's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Airxons. All other trademarks not owned by Airxons that appear in any Airxons Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Airxons.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Airxons or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Airxons Services. This license does not include any resale or commercial use of any Airxons Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Airxons Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Airxons or its licensors, suppliers, publishers, rights holders, or other content providers. No Airxons Service, nor any part of any Airxons Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Airxons. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Airxons without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Airxons's name or trademarks without the express written consent of Airxons. You may not misuse the Airxons Services. You may use the Airxons Services only as permitted by law. The licenses granted by Airxons terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Airxons account to use certain Airxons Services, and you may be required to be logged in to the account and use a payment method that is been accepted. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Airxons does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Airxons Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Airxons Household. Airxons reserves the right to refuse service, terminate accounts, terminate your rights to use Airxons Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Airxons reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Airxons a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Airxons and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Airxons for all claims resulting from content you supply. Airxons has the right but not the obligation to monitor and edit or remove any activity or content. Airxons takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Airxons respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from Airxons are made pursuant to a delivery contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Airxons does not take title to returned items until the item arrives at our fulfilment centre.
Airxons attempts to be as accurate as possible. However, Airxons does not warrant that product descriptions or other content of any Airxons Service is accurate, complete, reliable, current, or error-free. If a product offered by Airxons itself is not as described, your sole remedy is to return it in unused condition.
"Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Airxons and other retailers, to always be up to date with recent price history of the product on Airxons.
With respect to items sold by Airxons, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by Airxons is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatching or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
When you use apps created by Airxons, such as the, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Airxons Service if you are the subject of international sanctions or of sanctions consistent with law imposed by the governments of the country where you are using Airxons Services. You must comply with all export and re-export restrictions that may apply to goods, software (including Airxons Software), technology, and services.
Parties other than Airxons operate stores, provide services or software, or sell product lines through the Airxons Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Airxons. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Airxons does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE AIRXONS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AIRXONS SERVICES ARE PROVIDED BY AIRXONS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AIRXONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AIRXONS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AIRXONS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AIRXONS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, AIRXONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AIRXONS DOES NOT WARRANT THAT THE AIRXONS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AIRXONS SERVICES, AIRXONS'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AIRXONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, AIRXONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AIRXONS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AIRXONS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Airxons Service, or to any products or services sold or distributed by Airxons or through Airxons.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Airxons Service, you agree that the Federal Arbitration Act, applicable federal law, and international laws, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Airxons.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Airxons Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Suit 418 MKK Plaza Gudu District,
Gudu FCT Abuja.
ADDITIONAL AIRXONS SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Airxons Services (the "Airxons Software").
Use of the Airxons Software. You may use Airxons Software solely for purposes of enabling you to use the Airxons Services as provided by Airxons, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Airxons Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Airxons Software in whole or in part. All software used in any Airxons Service is the property of Airxons or its software suppliers and is protected by international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Airxons Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Airxons Software at any time and without notice to you.
Government End Users. We are licensing the Airxons Software to you as a "Commercial Item" the rights we grant you to the Airxons Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other Airxons or third-party terms applicable to any portion of Airxons Software, such as open-source license terms, such other terms will control as to that portion of the Airxons Software and to the extent of the conflict.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
the usage of Airxons and any of its services.
If you have questions regarding this agreement, please feel free to contact Airxons for clarification via our Customer Support team on the dashboard.
By registering to use Airxons trading portal, you have affirmed that you are at least 18 years old and are an individual, legal person or other organization with full legal capacity to enter into this User Agreement between you and Airxons. If you are not, you and your guardian shall undertake all consequences resulting from your actions and Airxons shall have the right to cancel or freeze your account in addition to filing claims against you and your guardian for compensation.
Prohibition of use
By accessing and using Airxons trading portal and any of its services, you acknowledge and declare that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List and its equivalent. Airxons maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries. The content of this Agreement shall not be excluded from the laws of the country under which the user belongs. Airxons maintains its stance that prohibited users are not to use or access Airxons and any of its services.
Description of services
Airxons provides an online digital asset trading platform (crypto to crypto) for products commonly known as cryptographic tokens, digital tokens or cryptographic currency. Airxons does not provide fiat trading capabilities on its platform and as such is not subjected to the stringent regulations that come with it. Airxons functions as a trading platform provider and is not a buyer or seller in trades made between traders. Airxons is also not a market maker. Traders must register and open an account with Airxons and deposit digital assets prior to commencement of trading. Traders may request the withdrawal of their digital assets, subject to the limitations as stated in the Terms and Conditions.
Airxons strives to maintain the accuracy of information posted on its website however it cannot guarantee the accuracy, suitability, reliability, completeness, performance or fitness for purpose of the content through the website and will not accept liability for any loss or damage that may arise directly or indirectly from the content. Information on Airxons website can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. Airxons does not provide investment or advisory advice and will have no liability for the use or interpretation of information as stated in its website or other communication mediums. All users of Airxons must understand that there are risks involved in trading. Airxons encourages all users to exercise prudence and trade responsibly within their own means.
While Airxons emphasises platform security to ensure the continuity and security of its services (announcements will be made in event of downtime/maintenance), it will be non-accountable to Act of God, malicious targeted hacking, terrorist attacks and other unforeseen circumstances. Airxons reserves the right to cancel, rollback or block transactions of all type on its platform in event of abnormal transactions. Airxons will not ask for any password from its users nor ask users to transfer funds that are not listed on its trading platform. Users are encouraged to exercise prudence in dealing with discounts or promotions that could lead to them getting scammed. While the list is non-exhaustive, you agree that Airxons will not be held responsible for any losses arising from the situations stated above.
By using Airxons trading portal, you declare that all information to Airxons in connection with these Terms are true, accurate and complete.
Airxons Account Registration & Requirements
User Identity Verification
With registration of an account on Airxons, you agree to share personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes on the Airxons platform. In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus 5 years beyond account closing. You also authorise us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity or to protect you and/or us against financial crimes such as fraud.
The Identity Verification information we request may include, but is not limited to, your: Name, Email Address, Contact Information, Telephone Number, Username, Government Issued ID. In providing this required information, you confirm that it is accurate and authentic. Post-registration, you must guarantee that the information is truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, Airxons shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of Airxons Service to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of Airxons Service if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.
Account Usage Requirements
Airxons accounts can only be used by the person whose name they are registered under. Airxons reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. Accordingly, Airxons will not take legal responsibility for these accounts.
Airxons prioritizes maintaining the safety of those user funds entrusted to us and has implemented industry standard protections for our platform. With that said, there are account-level risks that are created by individual user actions. We request that you understand the need to independently take safety precautions to protect your own account and personal information.
You shall be solely responsible for the safekeeping of your Airxons account and password on your own, and you shall be responsible for all activities under your log-in email, Airxons account and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.).
You hereby agree that:
(a) you will notify Airxons immediately if you are aware of any unauthorized use of your Airxons account and password by any person or any other violations to the security rules;
(b) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and
(c) you will log out from the website by taking proper steps at the end of every visit.
Airxons will not be responsible for any loss or consequences caused by your failure to comply with the above Account Security provision.
Airxons reserves the right to resolve issues and disputes at its sole discretion. Some issues include infringement of others’ rights, violation of laws and regulations, abnormal trades and others not explicitly mentioned in the Terms. Users agree to bear the costs arising from the process of dispute resolution.
Guidelines for usage of services on Airxons
You hereby agree to observe the following covenants during your use of services on Airxons:
●All the activities that you carry out during the use of Airxons Service will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of Airxons,
●will not be in violation of public interests, public ethics or other’s legitimate interests,
●will not constitute evasion of payable taxes or fees and will not violate this agreement or relevant rules.
●using a device, software or subroutine to interfere with the site
●overloading network equipment’s with unreasonable data loading requests
●executing malicious sales or purchases on the market
By accessing the Airxons Service, you agree that Airxons shall have the right to unilaterally determine whether you have violated any of the above covenants and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to
●block and close order requests
●freezing your account
●reporting the incident to authorities
●publishing the alleged violations and actions that have been taken
●deleting any information you published that is in violation
If your alleged violation causes any losses to a third party, you shall solely undertake all the legal liabilities in your own name and hold Airxons harmless from any loss, fine or extra expenses. If, due to any alleged violation Airxons incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify Airxons against any losses and expense caused thereby, including reasonable attorney’s fee.
Airxons reserves the rights to levy service fees on users who use its services. It is in the discretion of Airxons to adjust the service fees charged to users using its services.
Provision of Service
Airxons will provide Airxons Service at an “as is” and “commercially available” condition and does not offer any form of warranty with regards to the Service’s reliability, stability, accuracy and completeness of the technology involved. Airxons serves merely as a venue of transactions where coin-related information can be acquired, and coin-related transactions can be conducted. Airxons cannot control the quality, security or legality of the coin involved in any transaction, truthfulness of the transaction information, or capacity of the parties to any transaction to perform their obligations under the rules. You must carefully consider the associated investment risks, legal status and validity of the transaction information and investment decisions prior to your use of the Airxons Services provided.
Limitation of Liability
You acknowledge and agree, Airxons shall not be liable for any of your losses caused by any of the following events, including but not limited to:
●Losses of profits, goodwill, usage or data or any other intangible losses
●Use or failure to use Airxons Service
●Unauthorized use of your account or unauthorized alteration of your data by third parties
●Your misunderstanding of Airxons Service
●Any other losses related to Airxons Service which are not directly attributable to Airxons
In no event shall Airxons be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider-side problems or governmental acts.
You agree to indemnify and hold harmless Airxons, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of this Agreement. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the Airxons Service.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on our ‘’ https://Airxons.com/sites/news.aspx’’ -Announcements where we urge all users to refer to regularly. Airxons will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.
Termination of Agreement
●The account is subject to a governmental proceeding, criminal investigation or other pending litigation
●We detect unusual activity in the account
●We detect unauthorized access to the account
●We are required to do so by a court order or command by a regulatory/government authority
In case of any of the following events, Airxons shall have the right to directly terminate this agreement by cancelling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account on Airxons and withdraw the corresponding Airxons account thereof:
●after Airxons terminates services to you,
●you allegedly register in any other person’s name as Airxons user again, directly or indirectly;
●the main content of user’s information that you have provided is untruthful, inaccurate, outdated or incomplete;
●when this agreement (including the rules) is amended, you expressly state and notify Airxons of your unwillingness to accept the amended service agreement;
●any other circumstances where Airxons deems it should terminate the services.
Should the account be terminated, the account & transactional information required for meeting data retention standards will be securely stored for five years. In addition, if a transaction is unfinished during the account termination process, Airxons shall have the right to notify your counterparty of the situation at that time.
Remaining funds after account termination (normal)
Once the account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to Airxons) on the account will be payable at once to Airxons. Upon payment of all outstanding charges to Airxons (if any), the user will have 5 working days to withdraw all funds from the account.
Remaining funds after account termination (fraud/AML/violation of terms)
Airxons maintains full custody of the funds and user data/information which may be turned over to the authorities in event of account suspension/closure arising from fraud investigations, AML investigations or violation of Airxons’s Terms (eg. trading on Airxons from a sanctioned country).
Compliance with local laws
It is the responsibility of the user to abide by local laws in relation to the legal usage of Airxons in their local jurisdiction. Users must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All users of Airxons and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. Airxons maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of users which are flagged out or investigated by legal mandate.
Indemnity and disclaimer
You agree to indemnify Airxons and its entirety of affiliates and hold them harmless from and against all third-party claims except from Airxons’s breach of these Terms. As mentioned in description of services, Airxons strives its best to maintain the data integrity on its site but does not guarantee the information and services provided in its platform. Airxons will not be liable for errors arising from the use of its services.
If you have any complaints, feedback or questions, kindly contact https://Airxons.com/sites/help.aspx and we will in our best efforts try to resolve it for you.
1. Information Collection
We use your Personal Data for providing and improving our hosted blockchain and harvesting services (the “Service”) and improving your experience of the Site. “Personal Data” means any information relating to an identified or identifiable person. We collect information you provide us when creating an account for the Service. We also use various technologies to collect and store information, including cookies, pixel tags, local storage, such as browser web storage or application data caches, databases, and server logs.
1.1. Account Creation Information
When you sign up for the Service or create an account on the Site, we collect and use the Personal Data you provide to us such as your name, email address, or billing information, credit card information, cryptocurrency wallet address, IP address, or other data that can be reasonably linked to such information by Airxons Harvesting, such as information we associate with your Airxons Harvesting Account and the Service provided to you. You will also be asked to choose a unique username and a password in order to sign up for the Service, which information will be used solely for the purpose of providing access to your user account. Upon signing up, you will have the option of securing your account by enabling the Google Authentication on Settings page. For account or password recoveries, you will be able to enter recovery email on the Settings page.
1.2. Log Information
Airxons Harvesting collects information that your browser sends whenever you visit our Site and log into your account (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third-party services such as Google Analytics that collect, monitor and analyse this type of information in order to increase our Service’s functionality. These third-party service providers have their own privacy policies addressing how they use such information. These third-party service providers have limited access only to your Personal Data necessary to perform the tasks for which they were engaged for our behalf and are contractually bound to protect and use it only for the purposes for which it was disclosed.
1.3. Information on Cookies
We use “cookies” to allow the Site to recognize your browser and store user preferences and other information. Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site stored on your computer. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
2. Service Providers
We may engage third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
3. Compliance with Laws
We will disclose your Personal Data where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the as is set forth in the General Data Protection Regulation of the European Union. Residents of the European Union, the European Economic Area and Switzerland who visit the Site or use the Service have the following legal data protection rights under the relevant legal conditions: right to information, right to erasure, right to rectification, right to access by the data subject (Article 15 GDPR), right to deletion (Article 17 GDPR), right to correction (Article 16 GDPR), right to restriction of processing (Article 18 GDPR), right to data portability (Article 20 GDPR), right to lodge a complaint with a supervisory authority (Article 77 GDPR), right to withdraw consent (Article 7 (3) GDPR) as well as the right to object to particular data processing measures (Article 21 GDPR). These users have the right of access of their Personal Data and may at any time unsubscribe from our newsletter.
4. Information Security
Airxons Harvesting has adopted reasonably designed industry appropriate data collection, storage, and processing practices and security measures, as well as physical security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Data, username, password, transaction information and data stored in your user account. Our employees are restricted from accessing user’s names and email addresses on a need to know basis. The security of Personal Data is important to us, but we remind users that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use effective measures and tools for protection of your Personal Data, we cannot guarantee 100% security and protection of such information.
5. International Data Transfers
6. Links to Other Sites
7. Children’s Privacy
The Site is not directed at person under the age of eighteen (18). In general, and with certain exception, privacy laws, including the General Data Protection Regulation, generally require that the collection of Personal Data of persons under the age of sixteen (16) (“Children”) requires parental consent. Further, if the member state of the European Union has not provided a lower age limit (provided that such lower age is not under 13 years), the General Data Protection Regulation obliges parents to give a consent. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we discover that a person under the age of 16 has provided use us with Personal Data, we will delete such information from our servers immediately.
8. Changes to your Personal Data
9. Will my data be deleted?
Users may subscribe to our Newsletter through the Site to receive information about the Service and new service offerings. To receive our Newsletter, users must provide a valid email address and will, in turn, receive a confirmation email for the user to verify and authorize use of the email address as a recipient of the Newsletter. We will store the IP address and date and time of each Newsletter subscription to identify when an unauthorized third party’s email subscribed to our Newsletter. We will not collect any other data and will not transfer this information to third parties except when required legally obliged to for the establishment, exercise or defence of legal claims. You may cancel your subscription to the Newsletter at any time. You will find additional details in the subscription confirmation that we will send to your E-mail address as well as in each Newsletter.
11. How to Contact Us
Suit 418 MKK Plaza Gudu District,
Gudu FCT Abuja.
Consent to the Collection and Processing of your Personal Data
We hereby inform you that the company (“Airxons”) collects and processes your Personal Data, as a result of your being a user of its internet portal https://Airxons.com/sites/news.aspx
This information is further addressed to any user consulting the web-based services that are made available by Airxons Splash-Story via its electronic networks.
The information provided herein only applies to the use of the website of Airxons Splash-Story and does not extend to any other websites that may be visited by any user via external links.
The processing of your personal data (e.g., name, address, telephone number, email address, age, sex, user generated information such as financial interests, shopping habits, etc.., and all other data which have been provided to us by you voluntarily) the (“Personal Data”) which is already or which will be in our possession, is and will be carried out in full compliance with the principles of correctness, transparency and confidentiality, in accordance with any applicable legal provisions protecting these principles.
Your Personal Data may be subject to collection, registration, organization, preservation, consultation, elaboration, modification, selection, extraction, comparison, use, interconnection, blocking, communication, diffusion, transmission, resale, cancellation and destruction (the “Collection and Processing”). One or more of those operations may be performed on your Personal Data with manual, electronic, computer or communication instruments, with methods and means that are appropriate in order to ensure the security of the Personal Data. The Personal Data may be archived either in paper form or electronically and shall be kept stored by Airxons for commercial purposes for a period strictly pertinent to such purposes, and, in any case, for a maximum term of 10 years, solely in relation to instructions or requests received by competent authorities.
Subject to the conditions and for the purposes described above, the Personal Data Collection and Processing may be carried out, on behalf of Airxons, by third parties that provide specific custody, organization, preservation and/or filing services to Airxons, which third parties are and will be responsible for their processing of the Personal Data.
Our website and marketing emails may contain links to offers from third parties. Airxons has no influence on how other providers on linked websites handle the information displayed on these sites. If you have any questions in this regard, please contact these third parties directly. We are not responsible for upholding the data protection regulations in relation to these websites or for their content. By using this website, you agree and acknowledge the Collection and Processing of your Personal Data in the manner and for the purpose herein described.
The Collection and Processing of your Personal Data shall be carried out exclusively for the following purposes:
the improvement of our services and the possibilities of their usage;
the development of our website and of affiliated companies;
the collection of statistical data and their evaluation;
the enhancement of our customer- and client-base;
the maintenance and improvement of relations with yourself, our customers and clients;
the maintenance of business relations with third parties;
our own marketing and sale activities in general;
marketing and sale activities of third parties;
other use in the interest of Airxons.
Your Personal Data in our possession may also be communicated to third parties, for the purposes indicated above, in all countries identified on our website, namely but not exclusively to entities which are part of the corporate group of Airxons; other entities which are involved in subscription processes, sale and management operations; entities performing banking, financial and other outsourced services for Airxons; entities performing internet support services; entities which are in general business partners of Airxons; supervisory authorities of internet activities; and supervisory authorities for journalism and media related matters. These third parties shall act independently from Airxons, unless they are designated data processors. Your Personal Data shall not otherwise be subject to public disclosure.
Airxons has no influence on how such third parties handle the information received and is not responsible for the observance of data protection regulations by these third parties.
Employees or consultants of Airxons as well as of third parties that provide support services to Airxons, may come to know your Personal Data. These individuals or entities shall operate as data processors or persons in charge of the processing.
We shall ask for your express consent to the treatment and processing of Personal Data whenever possible. In some specific cases, we assume your consent based on your actions and mode of behaviour. By using the website https://Airxons.com/sites/news.aspx and related websites indicated therein you consent to the Collection and Processing of your Personal Data. Should you not consent to the above describe usage of your Personal Data, we kindly ask you to refrain from the usage of our website and related sites.
Policy processing of imported contacts by users.
In order to improve a smooth functioning of the services offered by Airxons, it may send messages by automated systems (e.g. email, SMS or MMS) to contacts imported by you in relation to the use of on-site services, including among others - as an example - the news sharing or inviting friends services. We shall ask for express consent to the treatment and processing of Personal Data of such third party contacts whenever possible. In some specific cases we assume consent by such third-party contacts based on their actions and mode of behaviour.
Your rights with respect to your Personal Data include the right: (a) to receive confirmation of the existence of and information on any Personal Data relating to you, at any time and even if they are not already processed; (b) to be informed about the source of the data, purposes and methods of the Collection and Processing, the rationale of any Collection and Processing carried out through electronic means, the details of the data controller and of any data processors and the entities or categories of entities to which the Personal Data may be communicated or which may get to know such data; (c) to obtain (i) the updating, rectification and integration of your Personal Data, (ii) the cancellation, transformation into anonymous form or blocking of Personal Data that has been processed unlawfully, including data whose retention is unnecessary for the purposes for which it has been collected or subsequently processed, and (iii) a certification to the effect that the operations described in the foregoing items (i) and (ii) and their content have been notified to those third parties to which the Personal Data has been communicated and/or distributed, unless this requirement proves impossible or involves an effort that is manifestly disproportionate to the right that should be protected (e.g., in cases where Personal Data has been transmitted by third parties to other entities unknown to Airxons); and (d) to object, in whole or in part, on legitimate grounds, to the Collection and Processing of your Personal Data, even if Personal Data has been collected or processed purposefully. Note that in the latter case, your usage of the website https://Airxons.com/sites/news.aspx will no longer be possible.
Your data controller is Airxons, with registered offices in Suit 418 MKK Plaza Gudu District, Gudu Abuja and your data processor, to whom you may refer in order to exercise the abovementioned rights, is Airxons’ director of administration pro tempore, domiciled for this purpose at Airxons’ registered offices, who also keeps an updated list of data processors.
To request information regarding your data and/or about the exercise of the above- mentioned rights, kindly send an email to contact@Airxons.com
Please keep in mind that you may revoke your consent at anytime.
What is a cookie?
“Third parties” cookies, on the other hand, are sent from websites that you are not directly visiting. It occurs namely when accessing certain elements (like images, links, etc.) that are hosted by a different server from the one of the visited websites.
Some cookies are necessary for the correct use of the website and cannot be disabled. Others, like the ones regarding memorization of preference parameters, can be disabled.
The advantage for a user to have cookies installed on his/her computer consists in the fact that he/she is no longer required to provide the same information every time he/ she accesses the same website, as his/her personal information is remembered by the website through the cookies.
What are cookies needed for?
Cookies help to improve our services and your browsing experience. There are various kinds of cookies, each one having a specific purpose. Airxons uses the following cookies:
Technical cookies or “first-party” cookies
These cookies are managed by the owner and/or the publisher of the website and are strictly needed for the proper operation of the website but also provide aggregate data for internal surveys regarding the numbers of website-visits, the popularity of the website and traffic flow information.
In order to install these cookies, the consent of the user is not required (essentially as all data collected remains anonymized). Nonetheless, the administrator of the website shall provide the user with the information deemed appropriate and in line with section 13 of the Privacy Code.
Technical cookies do not collect information that may be used for advertisements, neither do they track the users’ personal browsing history.
Given the technical and impersonal character of these cookies, the user is generally not required to accept this kind of cookies, as stated by the provision “Simplified Arrangements to Provide Information and Obtain Consent Regarding Cookies”. However, if the user denies the installation of the cookies, his/her access to the website is denied as well.
Profiling Cookies are used to create user profiles and are installed in order to send advertising messages according to the preferences of the user identified by the cookies.
Considering the resulting interference with privacy such cookies entail, the legislator requires the websites to properly inform their users regarding the installation of such cookies and allows the installation only upon express consent by the user.
“Third party” cookies
These cookies are installed on the user’s browser by a party that is not the owner and/ or the publisher of the visited website. There are various types of such “third party” cookies, among which:
Analytics Cookies: used to collect and analyse data. They do not identify the individual user.
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information.
How to disable cookies?
Through the use of the website https://Airxons.com/sites/news.aspx, the user’s consent to the installation of cookies is assumed by Airxons. Users and customers who do not wish to receive cookies may block “first party”, “profiling” and/or “third party” cookies following the instructions provided by each browser, set forth hereinafter.
Chrome, Firefox, Internet Explorer, Safari
In order to delete cookies stored on your computer, please refer to the guide of your browser and follow the instructions.
Please note that by disabling “first party” cookies, you will not be able to navigate our website.
We ask you to read carefully these Terms of Service (“Terms”) applicable to your use of the online services, defined below in Clause 2.1 hereof (“Services”) provided by Airxons Ltd, (“Airxons”) at Suit 418 MKK Plaza Gudu District, Gudu FCT Abuja http://www.Airxons.com website and its relevant subdomains, specified below in Clause 2.1 hereof (“Site”). These Terms and any other policies available on this Site, referenced by or referencing to these Terms, shall jointly constitute, as added, amended, modified, supplemented or restated from time to time, binding agreement between you and Airxons applicable to your use of the Site and the Services (“Agreement”).
For the avoidance of any doubts, this Agreement shall not be applicable to online services provided on any website other than the Services on the Site.
1. Acceptance of Terms
1.1. This Agreement shall enter into force as of the moment you first access the Site or commence use of any of the Services. By accessing, browsing or using the Site and/or any of the Services you irrevocably and unconditionally accept and adhere to these Terms and confirm that you agree to be bound by this Agreement without any exemptions, limitations and exclusions, and any and all provisions of this Agreement shall be enforceable to the fullest extent against you. If you access the Site or use any of the Services on behalf of a business (whether registered or operating without registration), that business hereby accepts the terms of this Agreement. It will hold harmless and indemnify Airxons, Company, their officers, agents, employees and Partners from any claim, suit or action arising from or related to the use of the Site and Services or violation of the Agreement, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
1.2. In the event you disagree with any provision hereof and would not like to be bound by this Agreement you shall cease use of the Site or the Services immediately.
2. Description of Services and Additional Policies
2.1. The Services provided by Airxons under this Agreement shall exclusively include: (i) web search service available at: http://www.Airxons.com; (Any other products, utilities and offerings provided at the Site or any of its subdomains are provided by Limited Liability Company “AIRXONS”, located at: Suit 418 MKK Plaza Gudu District, Gudu FCT Abuja (“Company”) or Airxons’s affiliate, as the case may be, and are subject to separate terms of service and policies.
2.2. In certain instances, specific Services may be subjected to regulation of additional policies, terms or requirements (“Additional Policies”). In case of any discrepancies between Additional Policies and these Terms, Additional Policies shall prevail.
2.3. Airxons may at its own discretion develop additional products, utilities and offerings or functionality of the Site or discontinue maintaining the Site and/or provision of any of the Services. In the event Airxons adds new products, utilities and offerings or makes additional functionality available through the Site this Agreement and, as the case may be, Additional Policies shall be fully applicable to such new products, utilities and offerings or additional functionality of the Site, unless otherwise provided by relevant Additional Policy.
2.4. You confirm and acknowledge that you are of sufficient age to access this Site and use the Services in accordance with the laws of your country of residence or any other applicable legal requirements.
3. Use of the Site and the Services
3.1. You undertake to comply and adhere to provisions of this Agreement, Additional Policies, as well as any national and local laws and regulations applicable to your use of the Site and the Services.
3.2. You undertake to use the Site and/or the Services in a manner consistent with their purpose and functionality within the user interface provided by Airxons. You shall not misuse the Site and/or the Services to cause any harm, damage, losses or interference for users, any third parties, Airxons, Company and their affiliates, partners, customers, suppliers and advertisers (jointly — “Partners”), as well as operation of the Site and/or provision of the Services. In particular, under no circumstance you shall use the Site or the Services to:
3.2.1. upload, download, post, transfer, send, transmit, distribute, email, link to or make available in any other way (“Make Available”) any images, photos, text, video, data, software, audio, sound, music, databases, links or other information (“Content”) that is illegal, harmful, slanderous, unethical, defamatory, harassing, threatening or infringing upon intellectual property rights, rights of privacy or publicity of third parties, Airxons, Company and/or Partners, incites hatred, bigotry, racial, ethnic, sexual, religious or social discrimination or is insulting to any persons, groups and/or entities;
3.2.2. attempt to access the Site or the Services in a way other than through interface and instructions provided by Airxons;
3.2.3. impersonate any person, representative of a legal entity and/or any organization without authorization, including employees of Airxons, Company and/or Partners, forum moderators, website owners and misrepresent the source of any information;
3.2.4. harm or exploit minors in any way or collect their personal information;
3.2.5. Make Available unsolicited advertising information, spam, junk mail, pyramid schemes, multilevel marketing (MLM), Internet earning systems and email businesses, chain letters, as well as use the Site or the Services for participation in any of the above;
3.2.6. Make Available any materials containing viruses, Trojan horses, worms, bots or other code, files or programs designed to interfere, hinder or impair the operation of any computer, telecommunication equipment or software;
3.2.7. Make Available any Content which is false, misleading and/or promoting illegal activities;
3.2.8. Collect and store personal data, private and personally identifiable information without express consent and authorization of the holder;
3.2.9. Make Available Content in violation of any other provisions hereof or applicable laws and regulations; and
3.2.10. Assist to any person to perform any of actions referenced to in Sub-clauses 3.2.1-3.2.9.
4. User Account
4.1. You may be provided with an account by Company for the purpose of improving your experience at the Site and use of the Services, as well as obtain access to specific additional other products, utilities and offerings provided by Airxons or Company.
4.2. In order to obtain a user account, you are required to complete the registration process. You hereby represent and warrant that any and all information submitted to Company in the course of the registration is accurate and true. You undertake to keep your registration information up to date.
4.3. Upon completion of the registration process you will obtain a password and designation of an account. You are responsible for keeping your password in secrecy and you acknowledge and agree that you are responsible for any actions performed under your account, unless you immediately informed Company of any unauthorized use of your password and/or account. You shall log off each time at the end of the session and Airxons, Company and/or Partners shall bear no liability for any harm, loss or damage resulting from your failure to comply with requirements of this Clause 4.3.
4.4. You acknowledge and agree that Company shall be entitled to terminate or suspend your account at its sole discretion without any notice to you in the event of your breach of this Agreement, Additional Policies or without any reason. You understand that termination of your account may lead to blocking, deletion and limitation of your access to Content, information and files uploaded, shared, submitted and made available in association with your account, as well as access to some of the products, utilities and offerings of Airxons, Company or Partners (as the case may be).
4.5. You hereby acknowledge and agree that the account assigned to you under this Section 4 is provided to you by Company under separate terms of service which shall be separately accepted by you in order to complete the registration process. In the event of any discrepancies between provisions of this Section 4 and any such terms of service of Company the latter shall prevail.
5. Intellectual Property Rights
5.1. You hereby expressly and irrevocably acknowledge and agree that accessing the Site and using the Services does not vest you with any right, title or interest in intellectual property and other rights to Content which is accessible at the Site or through the Services owned or licensed by Airxons, Company, Partners or any third parties. You undertake not to use, sell, distribute, resell, decompile, disassemble, attempt to discover any source code, reverse engineer, modify, rework, reproduce, display, publicly perform, broadcast, rent, create security interest in, pledge, lien, encumber, license, make derivative works from Content accessible at the Site or through the Services owned or licensed by Airxons, Company, Partners or any third party. No right of ownership or license, whether express, implied or any other, is granted to you to Content of Airxons, Company, Partners or any third party, any portion of the Site and/or the Services, except as expressly provided in Clause 5.2 hereof or in Additional Policies.
5.2. In order to use the Site and the Services you are granted personal, non-exclusive, worldwide, limited, non-assignable, non-transferrable, royalty free, revocable license to access, review, reproduce, cache, print, distribute and store Content retrieved from the Site or Services owned by Airxons or Company only within the functionality of the interface of the Site or the Services through common consumer web browser, provided that you strictly comply with limitations contained herein. Unless expressly permitted by Airxons or Company, no commercial use of Content, the Site or the Services is allowed.
5.3. You hereby acknowledge and agree that, to the extent permitted by the applicable law, Airxons, Company, Partners and any of their users are granted with non-exclusive, non-transferrable, irrevocable, royalty-free, worldwide license to use Content and information submitted by you to the Site or through the Services for the purposes of operation of the Site, the Services or other products, utilities and offerings of Airxons, Company or Partners, including the queries submitted in the search box of the search engine available at the Site or through the Services, provided that you are the person vesting in intellectual property rights to such Content and information.
6. Search Engine, Third-Party Websites and Copyright Infringement
6.1. The Site and the Services may contain links to websites and Content of third parties which is publicly available on the internet. As Airxons does not exercise control over any of the third parties’ websites and resources, you hereby acknowledge and agree that Airxons is not responsible for accessibility, safety, accuracy, availability, legality or completeness of information, Content, advertising, commercial offers, products, services and materials on the third-party websites and resources. Airxons does not monitor, endorse, review, consider or verify the information and/or Content specified in this Clause 6.1 and is not responsible for any harm, losses and damages, direct or indirect, arising out of your use, accessing, reliance on, purchase, downloading or dealing with any such third-party websites and resources.
6.2. It is the policy of Airxons to respond to notices of alleged copyright infringement sent in compliance with applicable legal requirements. For Airxons products and services which have account holders, Airxons may, at its sole discretion and in appropriate circumstances, terminate the accounts of repeat infringers.
If you would like to submit a notice of an alleged copyright infringement, write to contact@Airxons.com.
If you believe that a notice of an alleged copyright infringement identifying your Content was filed in error, please submit a counter-notice at contact@Airxons.com.
If you have removed Content defined in the notice of claimed copyright infringement and would like to reinstate the link that has been removed from the search results, write to contact@Airxons.com
We strongly encourage you to submit your notices of alleged copyright infringement, counter-notices and reinstatement requests via the online forms referred to above. Use of these forms will ensure a more expedient reply to your valid and complete notices, counter-notices and reinstatement requests. However, Airxons still accepts notices, counter-notices and reinstatement requests submitted by other means. By submitting any such notices, counter-notices and reinstatement requests via any other means of communication (such as email, fax or postal mail), you hereby acknowledge and agree that Airxons’s processing of same may be substantially delayed and less effective, and your further hereby consent without any objection to such slower processing speed and decreased effectiveness.
8. No Warranty and Limitation of Liability
8.1. You hereby acknowledge and agree that, although Airxons employs commercially reasonable efforts to provide the best possible user experience, Content, the Site and the Services are provided to you on “as is”, “as available” and “with all faults” basis and you use Content, the Site and the Services exclusively at your own risk without any express or implied representations and/or warranties of any kind by Airxons, Company and/or Partners including, but not limited to, as follows: (i) warranties of suitability for particular purpose, non-infringement, title and merchantability; (ii) representations and warranties that Content, the Site or the Services will meet your requirements and are error-free, accurate, ensure uninterrupted service, secure, reliable, useful, available, meeting certain quality standards or your needs or that any errors occurring in Content, on the Site or in the Services will be corrected.
8.2. You hereby acknowledge and agree that Content, the Site and the Services are provided for information purposes only and Airxons does not accept any liability related to your reliance on or consequences of your following any information, including professional advice, whether legal, financial, medical or otherwise. Any Content or other material obtained from the Site or through the Services is used exclusively at your discretion and risk and you shall be solely responsible for any loss, damages or harm to computer systems, hardware or data that result from use of such Content or other material.
8.3. You hereby acknowledge and agree that liability of Airxons, Company and Partners hereunder is limited and, to the extent permitted by applicable law, Airxons, Company, Partners and their distributors, officers, employees, agents, partners and licensors shall bear no liability for direct, indirect, incidental, special, consequential exemplary or punitive damages, any loss of profit, revenues or data, loss of goodwill, cost of substitute services, based on any theory of liability, resulting from: (i) your use of the Site or the Services; (ii) reliance on Content or any information available at the Site or through the Services; (iii) actions undertaken under your account, including, but not limited to, in the event of unauthorized access to your account, data or Content; (iv) any other matter associated with Content, the Site or the Services. In all cases Airxons, Company and Partners are not liable for any loss or damage that is not reasonably foreseeable.
8.4. In the event law of specific jurisdiction applicable to limitation or exclusion of liability of Airxons, Company and Partners and their distributors, officers, employees, agents, partners and licensors under this Section 8 does not permit certain types of exclusion of warranties or liability, to the extent permitted by applicable law, total liability of Airxons, Company, Partners and their distributors, officers, employees, agents, partners and licensors under any grounds shall be limited to the amounts paid by you for Content, access to the Site or use of the Services or, at the discretion of Airxons and/or Partners, your exclusive remedy shall be provision of the Services to you again.
9. Modification, Limitation and Termination of the Site and the Services
9.1. You hereby acknowledge and agree that Airxons shall be entitled to add, alter, modify, as well as suspend, stop, discontinue, cease maintenance, updating and correction of errors with respect to any functionality of the Site and/or the Services, including, but not limited to, to terminate the Site or any of the Services without any notice to you.
9.2. You hereby acknowledge and agree that Airxons at its own discretion shall be entitled to impose limitations and restrictions on your use of the Site and/or the Services. The limitations and restrictions may be established for certain categories of users, including, but not limited to, depending on location, language, age, availability of rights to Content, legal requirements or other reasons, and may include unavailability of specific functionality of or the overall access to Content, the Site and/or the Service, limitations for storage of Content under your account and otherwise.
9.3. You hereby acknowledge and agree that in addition to rights of Company under Clause 4.4 hereof, Airxons shall be entitled to suspend and terminate your access to the Site or the Services at its sole discretion without any notice to you.
10. Miscellaneous Provisions
10.1. This Agreement, including Additional Policies, as the case may be, constitutes the entire agreement between you and Airxons and supersedes any prior versions of the Agreement, Terms, as well as arrangements, correspondence, membership conditions and any other similar terms and conditions. This Agreement is applicable exclusively to relations between you and Airxons and does not create any third-party beneficiary rights.
10.2. Airxons shall be entitled to modify and amend this Agreement, Terms and any of the Additional Policies at its sole discretion without any prior notice to you. These modifications and amendments may be due to the changes on the Site, in the Services or in order to ensure compliance with legal requirements or for any other reasons. The modifications and amendments will become effective as of the moment they are available on this page, unless otherwise expressly specified therein.
10.3. The failure of Airxons to exercise or enforce any of its rights hereunder shall not be considered as waiver of such rights. In the event any provision of the Agreement is found to be invalid or unenforceable by the competent court or state body, the parties hereto acknowledge and agree that other provisions of the Agreement remain in full force and effect. The parties undertake to make every effort necessary to replace such invalid and unenforceable provision with the valid and enforceable provision that reflects intentions of the Parties to the maximum extent possible.
10.4. Airxons shall be entitled to assign, transfer, pledge or otherwise alienate its rights hereunder, in whole or in part, at any time at Airxons’s own discretion without any notice to you. You hereby acknowledge and agree that you are not entitled to transfer any rights or obligations hereunder, including, but not limited to, any rights associated with your account related to Content, the Site or the Services.
10.5. You and Airxons hereby acknowledge and agree that this Agreement shall be construed and governed in accordance with substantial International laws, without giving regard to its conflict of laws rules. Any claim, controversy or dispute arising out of or in relation of this Agreement or Additional Policies shall be exclusively referred to.