Terms and conditions
Aug 13, 2023
Welcome to Airmine!
These terms apply to the use of the Airmine Services, and we encourage you to read them carefully. Please also refer to the definitions set out at the bottom of this page.
These Terms define the terms and conditions under which you are allowed to use the Airmine Services and consume Resources. If you do not agree to these Terms, you must immediately discontinue your use of the Airmine Services and Resources.
These terms apply to private consumers only. For businesses and organisations, specific terms will apply, please see your relevant contract.
It is important to understand that the Airmine Services and Resources do not include the provision of medical care. Airmine is not a licensed medical care provider. You should not change your treatment, medication or care plan based on information you received through our Services or Resources. Always consult with your healthcare professional if you have any questions or concerns regarding your health or condition or experience any changes in your health status or condition.
Responsible use and conduct
You agree to only use the Airmine Services and Resources for the purposes intended and as permitted by the Agreement and in accordance with applicable laws. If you use the Airmine Services in breach of the Agreement or applicable laws, we may terminate your account and/or suspend your use of the Airmine Services.
When registering for an Airmine Account
You are responsible for maintaining the confidentiality of your account and any non-public authentication credentials associated with your use of the Airmine Services. You must promptly notify our customer support team about any possible misuse of your accounts, authentication credentials or any security incident related to the Airmine Services.
You represent and warrant that information you provide when registering for an account is accurate and you shall not misrepresent personal information or otherwise be untruthful about your identity in connection with your use of the Services. Airmine reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity in connection with their use of the Services. Notwithstanding the foregoing, you acknowledge that Airmine cannot guarantee the accuracy of any information submitted by any user or the identity of any user who chooses to use the Services. We are not obliged to verify the identity of any user.
To maintain control over the Airmine account and to prevent anyone from accessing the account, you should maintain control over the devices that are used to access the Service and not reveal the password nor any payment details (if any) associated with your account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. You are also responsible for preventing unauthorised access and use of your account by anyone other than you. We can terminate your account or place your account on hold in order to protect you, Airmine or our partners from conducting or attempting to conduct identity theft or other fraudulent activity.
Parents and guardians responsibility to safeguard children’s safety
Airmine provide certain Services and Resources which may be used by children. Children are not regarded as fully independent users of the Services and Resources. It is the parents’/guardians’ responsibility, respectively, to ensure that the use of the Airmine Services and Resources is in accordance with the Agreement and to safeguard the children’s safety and privacy. Apart from the limitations within the functioning of the Services, Airmine has no control over how parents/guardians oversee the children’s use of the Services as Airmine does not interact directly with the children using the Services and Resources.
The Airmine Services and the Resources are the property of Airmine and Airmine’s content licensors (as applicable). We grant you a limited, non-exclusive, revocable licence to make use of the Airmine Services and the Resources (the “License“) in accordance with the Agreement.
The License permits use for non-commercial purposes only. If you wish to use the Airmine Services and Resources for professional or commercial purposes you must have a Paid Service Plan. In any event, you are not allowed to use Airmine for advertising, marketing or sales activities unless expressly authorised by Airmine in an agreement or under your Service Plan. You agree to abide by our user guidelines which at any time apply to your use of the Airmine Services and the Resources.
Except for the rights expressly granted to you in the Agreement, Airmine grants no right, title, or interest to you in the Airmine Service or Resources. For the avoidance of doubt, you may not charge any fees or require any payment as part of your use of the Service or the Resources, except as expressly authorised by Airmine.
The Airmine Brands are the sole property of Airmine or its licensors. The Agreement does not grant you any rights to use any Airmine Brand for any purpose, whether for commercial or non-commercial use.
Airmine Service Plans
Available Service Plans
The Airmine services are available under different Service Plans. For private consumers, we currently offer a free Service Plan. Airmine reserves the right to change this in the future. This means that content and services that are currently free of charge, may be available only in a Paid Service Plan.
For businesses and organisations, we offer Paid Service Plans, which are governed by their own terms.
Term and termination
The Agreement will continue to apply for as long as you use a free or paid Airmine account. Airmine may terminate the Agreement or suspend your access to the Airmine Service at any time, including in the event of your actual or suspected unauthorised use of the Airmine Service and/or Resources, or non-compliance with the Agreement. If you or Airmine terminate the Agreement, or if Airmine suspends your access to the Airmine Service in accordance with the Agreement, you agree that Airmine shall have no liability or responsibility to you and Airmine will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
Any Licence granted to you on the Airmine Services and Resources not already terminated by the expiry of your Service Plan shall be terminated as of the termination or expiry of the Agreement.
You hereby acknowledge and agree that the perpetual licence granted to Airmine by you will continue after expiry or termination of any of the Agreement for any reason.
Sections of the Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Agreement, shall survive termination.
Warranty and disclaimer
We can assure you that the Services will perform materially in accordance with the description of the Airmine Services and Resources as set out on our Websites.
For all Service plans, we will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We will notify you in advance of any planned downtime which is expected to result in significant downtime.
In the event of any breach of Airmine’s obligations in this section 11, Airmine shall at its own expense (i) use reasonable endeavours to rectify such non-compliance, and if rectification is not reasonably possible (ii) replace all the non-conforming parts of the Services and Resources. Airmine disclaims any other warranties than those set out in the Agreement. Further, under no circumstances will Airmine be liable for any Third Party Applications, including the failure of any such Third Party Applications.
Airmine shall not be responsible for breach of these warranties if caused by:
- hardware, software or other components which are not part of the Services and Resources;
- errors or problems caused by or contributed to by hardware, software or other components which are not provided by Airmine, including any modifications by you or third parties;
- errors or problems caused by you not complying with this Agreement;
- if the you has rejected the implementation of any upgrade, change, hot fix, or similar, which would have prevented the error or problem; and
- errors or problems caused by third parties not acting on behalf of Airmine, including in respect of changes to Services and Resources.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AIRMINE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE AIRMINE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER AIRMINE HAS BEEN MADE AWARE OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AIRMINE’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO AIRMINE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY.
NOTHING IN THE AGREEMENT REMOVES OR LIMITS AIRMINE’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, AND, IF REQUIRED BY APPLICABLE LAW, GROSS NEGLIGENCE.
Apple specific terms
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Spotify only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country or region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country or region; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Airmine and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against any claims and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) Your breach of the Agreement; (2) any User Content; (3) any activity in that You or anyone using your account engages on or through the Airmine Service; and (4) Your violation of any law or the rights of a third party. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Other than as stated in this section or as explicitly agreed upon in writing between you and Airmine, the Agreement constitutes all the terms and conditions agreed upon between you and Airmine and supersedes any prior agreements in relation to the subject matter of these Agreement, whether written or oral.
Severability and waiver
Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Airmine or any third party beneficiary to enforce the Agreement or any provision thereof shall not waive Airmine’s or the applicable third party beneficiary’s right to do so.
Airmine may assign the Agreement or any part of them, and Airmine may delegate any of its obligations under the Agreement. You may not assign the Agreement or any part of them, nor transfer or sub-license your rights under the Agreement, to any third party.
Changes to the Terms
We reserve the right to change these Terms from time to time. Changes may for example be made to accommodate new products or services, to adapt to legal requirements, or otherwise to better adapt the Terms to our business. If there is a material change to these Terms, we will notify you either by email to your registered email account, in-App or in-Service notifications or on our official Websites (as appropriate). It is your responsibility to read any such notice carefully. Your continued use of the Services after such changes will constitute acknowledgment and agreement of the modified Terms. If you do not wish to continue using the Service under the new version of the Terms, you may cancel your Service Plan or terminate the Agreement. We reserve the right to change the Acceptable Use Policy at any time without notice.
Governing Law / Jurisdiction
The Agreement is governed by the statutes and laws of Norway without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods. Norwegian law will apply to all matters relating to the use of the Services and the purchase of any products or services through the Services.
Furthermore, any action to enforce the Agreement shall be brought in the courts located in Oslo (Oslo tingrett), Norway. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
“Acceptable Use Policy” means the Airmine Acceptable Use Policy in force from time to time and accessible here.
“Agreement” is the collective term that encompasses these Terms, the Acceptable Use Policy, any Service Plan and, if applicable.
“App” means Airmine´s software/mobile applications.
“Apple” means Apple Inc.
“Children” means U.S. children under age 13 and children outside the U.S under age 16.
“Code” means a code or other offer provided or sold by or on behalf of Airmine for access to a paid Service Plan subscription and/or Content Subscription.
“Airmine” means Airmine AS.
“Airmine Brands” means all Airmine trademarks, service marks, trade names, logos, domain names, and any other features of the Airmine brand.
“License” means the license granted to you pursuant to section 3 of these Terms.
“Organization” means an organization to which you are affiliated, such as your employer.
“Platform” means Airmine´s Websites and Apps where the Airmine Services are available.
“Public User Content” means, as some Airmine Services are based on User Content and relies on users contributing content to the Service, the Content whereby the User, on their own choice and by actively toggling the “publish” button, makes certain User Content, such as human sensors, available to the general public.
“Resources” means the information, resources, services, products, and tools provided for you in the Airmine Services.
“Service Plan” means the various subscription plans for which the Airmine Services are available.
“Services” means the Airmine services, including any software, that you subscribe to under these Terms.
“Subscription Period” means the duration of the applicable Service Plan and/or Content Subscription.
“Terms” means these general terms and conditions applicable to your use of the Airmine Services.
“Trial” means trials of paid Service Plan subscriptions or Content Subscriptions for a specified period without payment or at a discounted rate.
“User Content” means the content and data which Users upload to the Service, including without limitation quizzes, pictures, video, text, messages, information, user feedback, and any other content.
“Website(s)” means the Airmine website airmine.ai.