Last updated: October 4th, 2021
If you will be using the Services on behalf of an organization, and that organization does not have an existing signed agreement with us, you agree to these Terms for that organization and represent to AirManual that you have the authority to do so. When acting on behalf of an organization, “You” and “Your” will refer to that organization.
If you will be using the Services on behalf of an organization, and that organization does have an existing signed agreement, then that agreement will govern your use of the Services.
AirManual will treat any information you provide as Confidential Information without any time limit. AirManual will not pass the information on to third parties or use the information for any purpose other than performing their duties under this agreement.
However, information will not be regarded as Confidential Information if it:
AirManual will notify You within 24 hours of becoming aware of any potential unauthorized use or disclosure of Confidential Information.
Upon your written request, AirManual shall confirm that Confidential Information and any copies of it in whatever form have been destroyed.
AirManual will follow and maintain environment, safety and facility procedures, data security procedures and other safeguards to prevent the destruction, corruption, loss or alteration of Your Data, and to prevent access, intrusion, alteration or other interference by any unauthorized third parties. These procedures will be no less rigorous than industry best practices including ISO27001. AirManual has taken — and will continue to take — appropriate technical and organizational measures, and regularly tests, assesses and evaluates the effectiveness of these.
AirManual servers will be based in the UK and the European Economic Area.
AirManual has a global team of employees and contractors. Any AirManual team member accessing or processing your data will have a direct contract and/or confidentiality agreement with AirManual to protect your data in line with these Terms. These direct contracts and confidentiality agreements include GDPR standard contractual clauses.
AirManual may use third-party service providers, including providers outside of the European Economic Area. All service providers have been reviewed to ensure they will also protect your data in line with these Terms, and will be subsequently reviewed on a regular basis to ensure they continue to meet our requirements.
By agreeing to these Terms you agree that we can transfer Personal Data outside of the European Economic Area in this way, without additional advance notification.
AirManual will regularly and frequently back up your Data to one or more geographically-dispersed locations. These backups typically ensure that no more than an hour of Data can be lost even in the event of a disaster.
AirManual will regularly test backups and disaster recovery procedures to ensure that access to systems and Data can be restored in a timely manner.
AirManual will support you in performing reviews, inspections and audits of how we process your data where required by — and to the extent required by — data protection legislation such as the General Data Protection Regulation (GPDR).
As AirManual is a remote-company with employees based world-wide, it is not possible to perform an onsite audit. We will provide reasonable access to systems, documentation and other materials requested where they are needed to demonstrate our compliance and do not compromise the data protection of other customers. Where possible, we will demonstrate our compliance through industry-accepted certification, such as ISO27001 certification for the security measures we take.
To support this, you agree that:
AirManual will notify you immediately if we become aware that You are asking us to perform any activity that would infringe GDPR or other data protection laws.
AirManual retains ownership and all Intellectual Property Rights in the Service, Website and all associated content except Your Data. You may only use AirManual trademarks and brand materials with separate written consent.
You must use the Services in compliance with, and only as permitted by, applicable law. You are responsible for Your conduct, Data and communications while using the Service. AirManual is not responsible for any actions you take with your Data, including sharing it publicly.
You may grant full or limited access to other users to access your AirManual Workspaces, and may be granted access to AirManual Workspaces by other users. You accept joint responsibility for any AirManual Workspace that you share access to with others users, unless you have written agreements with the other parties that clarify who is responsible.
Your access may revoked by other users with sufficient privileges to your AirManual Workspace at any time. You can also revoke your own access to a AirManual Workspace. After your access is revoked, you remain responsible for any actions taken or Data collected during the period that you had access, and for any actions or Data collected by users who you have granted access, unless you have written agreements with the other parties to transfer this responsibility.
You are responsible for securely managing access to your account and AirManual Workspaces.
This should include, but is not limited to:
You must immediately notify AirManual of any unauthorized use of your password or any other breach of security you become aware of.
You agree that:
AirManual may offer a Free Trial that grants you limited usage of the Service at no cost.
AirManual reserves the right to retract or suspend a Free Trial at any time.
You agree to pay AirManual any Access Fees for any services you purchase or use in accordance with the pricing and payments terms presented to you for that service. Fees paid are non-refundable except where provided in these Terms or required by law.
If you purchase a Subscription for a service, the Subscription will automatically renew at the end of the Subscription Period. We will attempt to notify you ahead of the renewal date to avoid surprises. You can cancel the automatic renewal at any time, in which case the Subscription will continue until the end of the Subscription Period and then terminate.
You are responsible for payment of all taxes and duties relevant to your country. Where AirManual is required by law to collect or pay taxes, these will be invoiced to you. If you are required by law to withhold any taxes, you must provide AirManual with tax receipts or other documentation that clearly supports such payments.
AirManual may change the pricing for its services at any time. Any pricing change will only affect a Subscription at the time of renewal. AirManual will notify you in advance of any price changes, providing reasonable opportunity to cancel a Subscription.
AirManual may offer discounts or preferential pricing to partner organizations, charities, academic institutions and any other customer. AirManual reserves the right to retract any discount or preferential pricing for invoices that have passed their due date without payment, and from future fees that have not yet been invoiced.
You can choose to terminate your use of the service at any time. This is achieved by opting out of the Subscription auto-renewal (if applicable) and optionally contacting our support team to request for your account to be deleted.
AirManual may terminate your access for any reason by giving 90 days notice and a pro rata refund for any unused access to the Service that has been paid for. AirManual may suspend or terminate your access immediately if:
We will make commercially reasonable efforts to contact you and remedy the situation in advance of suspending or terminating your account.
You will not be entitled to a refund unless we are in breach of these Terms and have failed to remedy it for 30 days after you notified us in writing; or where a refund is required by law. Any refund will be calculated on a pro rata basis.
You will remain liable for any outstanding payments due before or after the termination for services that have already been used.
AirManual may terminate and delete your account — including any associated Data — if no payment or activity has been seen for over 12 months. AirManual will attempt to contact you before deleting any account so that you may login and in doing so prevent the deletion.
Sections 1, 2, 3, 6, 7, 8, 9 and 11 will survive the termination of these Terms.
We do our best to provide an outstanding service to customers, and we work very hard to implement and test that are solutions are of a high quality. However, we know errors can be made, and anyone who uses our Service or information provided by this Website or the AirManual team should do so bearing this in mind. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND AIRMANUAL DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
TO THE EXTENT PERMITTED BY LAW, AIRMANUAL WILL NOT BE LIABLE FOR DAMAGES CAUSED BY THE SERVICES OR WEBSITE, UNLESS DUE SOLELY TO OUR WRONGDOING. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS, INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE SERVICES, REGARDLESS OF WHETHER WE HAVE NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE.
TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF EACH OF AIRMANUAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS FOR ANY CLAIM OR DAMAGE ARISING OUT OF OR RELATED TO THE SERVICES OR WEBSITE IS LIMITED TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE FEES YOU HAVE PAID US IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
To the extent permitted by law, you indemnify AirManual and — if applicable — its subsidiaries, affiliates, officers, directors, employees, agents and suppliers against any and all claims, costs, damage and loss arising from your use of the Service. This indemnification includes your responsibility for any and all liability arising from the violation or infringement of copyrights, trademarks or other proprietary rights and from the use of any libelous or unlawful material contained within your Data.
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
You are contracting with Bridging Insight Ltd. Bridging Insight Ltd is a limited company registered in England and Wales with the company registration number 07257519. AirManual® is a registered trademark of Bridging Insight Ltd.
These Terms shall be governed by and construed in accordance with the law of England and Wales.
Unless any alternative dispute resolution procedure is agreed between the parties, each party agrees to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Terms.
AirManual may update these Terms at any time and will publish any changes to the legal page on the Website. If the change is considered material, at AirManual’s discretion, AirManual will notify you by email or when you next login to your account.
Changes to the Terms will become effective when published on the Website. By continuing to use the Service after the Terms have been become effective, you agree to be bound to the updated terms.
AirManual frequently updates and improves the Services — often multiple times per day or week — and may do so without providing notification. AirManual may also choose to stop providing a Service or a part of it, or to remove content from the Service, at any time.
We will attempt to notify you before any changes that will materially impact you, if practical under the circumstances. You can choose to terminate your use of the Service if unhappy with any change.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
You may not assign or transfer any rights to any other person without AirManual’s prior written consent.
If any provision of these Terms is determined to be invalid, unenforceable or in conflict with the law, that provision will be replaced with a provision which, as far as possible, accomplishes the original purpose of that provision, or else severed if this is not possible. The remainder of these Terms will remain in full effect.
These Terms create no rights for third party beneficiaries.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to AirManual must be sent to email@example.com or to any other email address notified by email to You by AirManual. Notices to You will be sent to the email address associated with your AirManual account.
AirManual will comply with all applicable laws in conducting the services. This includes but is not limited to laws relating to anti-bribery, anti-slavery and human trafficking.