Terms of Use

1. Your Acceptance

PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.

Welcome to the Terms of Use for the Airpost website (airpost.ai or any other related websites), the Airpost platform, software, or mobile application, any associated components or content, and any services provided by Airpost (collectively referred to as the “Platform”). This is an agreement (“Agreement”) between Ready Set, Inc.dba Airpost (“Airpost”), the owner and operator of the Platform and you (“You”, “Your” or “User”), a User of the Platform.

Throughout this Agreement, the words “Airpost,” “us,” “we,” and “our,” refer to our company, as is appropriate in the context of the use of the words.

By clicking “I agree” or accessing the Platform You agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement at any time and may notify You if we do so.

2. User Accounts and Sign-up

Portions of the Platform may require You to create a login or sign-up for an account. You must fully complete the registration process by providing us withYo ur current, complete, truthful, and accurate information as prompted by the applicable registration form. Where a User creates an account, we may ask You to provide identification so that we may verify Your identity. Where required, Airpost may also assign You a username and password. You are entirely responsible for maintaining the confidentiality of Your password and account and for any and all activities that occur under Your account. You agree to notify Airpost immediately of any unauthorized use of Your account or any other breach of security. Airpost will not be liable for any losses You incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Airpost or another party due to someone else using Your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. A company may register via the Platform but may only have one account per User. If You are registering on behalf of Your company, You represent and warrant that You are authorized by Your company to create an account on Your company’s behalf and You represent and warrant that You are authorized by Your company to incur financial obligations and enter into legally binding agreements on behalf of Your company. Airpost has the sole discretion in granting or denying any accounts.

3. Age

The Platform allows users 18 years of age or older to use or access the Platform. If you are under 18 years of age please do not use the Platform or submit any information to us.

4. The Platform

The Airpost Platform may make available tools for Users to modify digital media templates (each a “Template”). USER ACKNOWLEDGES AIRPOST HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TEMPLATES PROVIDED TO THE USER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, NON-INFRINGEMENT, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. AIRPOST MAY NOT BE AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY PERSON OR PARTY FEATURED IN ANY TEMPLATE. BY USING THE AIRPOST PLATFORM, THE USER AGREES TO HOLD AIRPOST FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF ANY USER CONTENT (DEFINED BELOW) ENCOUNTERED (WHETHER OWNED BY YOU OR THIRD PARTIES) OR TEMPLATES USED BY USER. You acknowledge and agree that when You view content (User Content or otherwise) available on the Platform, You are doing so at Your own risk. The content on our Platform is provided for general informational purposes only. It is not intended to amount to advice on which you should rely. Airpost retains the right, but does not have the obligation, to immediately halt the offering or sale of any Templates, prevent or restrict access to any portion of the Platform (or availability to access any services including Templates) or take any other appropriate measures as deemed necessary by Airpost to protect our rights, or any user or and third party rights and property.

5. Privacy

Please read Airpost’s Privacy Policy for more information regarding the collection and use of Your information. The Privacy Policy is integrated into this Agreement.

6. Access to the Platform

After properly registering for and paying for access to (where applicable) the Platform You may be granted access to the Platform at our discretion. We may revoke Your access to our Platform, at our discretion. Additionally, we may revoke or restrict Your access to our Platform if we believe that Your actions may harm or have harmed Airpost or the Platform itself. Failure by us to revoke Your access does not act as a waiver of Your conduct.

7. Your Conduct While Using The Platform

When accessing or using our Platform, You are solely responsible for Your use and for any use of the Airpost Platform made using Your account. You agree to abide by the following rules of conduct:

  • You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
  • You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
  • You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform;
  • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You agree not to use the Platform to stalk, harass, bully or harm another individual;
  • You agree that You will not hold Airpost responsible for Your use of the Platform;
  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to Airpost;
  • You agree not to interfere with or disrupt the Platform;
  • You agree to not violate any US federal or state laws while using the Platform; and
  • You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If You are discovered to be undertaking any of the aforementioned actions or if we believe that any of Your actions may harm Airpost’s Platform or business interests Your privileges to use our Platform may at our sole discretion be terminated, revoked, or suspended. Generally, we will provide an explanation for any suspension or termination of Your use of any of our Platform, but Airpost reserves the right to suspend or terminate any account at any time without notice or explanation.

8. Platform Availability and Modification

Although we will attempt to provide continuous Platform availability to You, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Platform at any time or any portions thereof. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.

9. User Content

A User’s ability to submit, encounter, create, store, use, download, modify, or transmit any information through the Platform, including but not limited to text, audio messages, content, User identification, videos, photos, images, User trademarks, User intellectual property, Templates, or any other information will be referred to as “User Content” throughout this Agreement. Except as otherwise set forth, all User Content You submit to the Platform will be owned by You. Please be aware that we are not required to host, display, migrate, or distribute any User Content and we may refuse to accept or transmit any User Content. You agree that You are solely responsible for any of User Content and You release us from any liability associated with any User Content. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. Airpost may not endorse and may not verify, monitor, or restrict any User Content.

When submitting any User Content to our Platform, You represent and warrant that You own all rights to the User Content and You have paid for or otherwise have permission to use any User Content submitted.

Where any User Content is made available to us, You grant the Airpost, its partners, affiliates, Users, representatives and assigns a non-exclusive, fully-paid, royalty-free, unlimited, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of Your User Content for any purpose during this Agreement and any time thereafter. We may share this license with any User or any sublicensees at our discretion. Additionally, although You own all User Content submitted by You, we own all layouts, arrangement, metadata and images that are used to render Your User Content through our Platform.

10. User Content Guidelines

We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to You. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content.

For any User Content you agree to the following:

  • You agree that User Content is truthful and accurate;
  • You agree User Contentdoes not contain any confidential information;
  • You agree that User Content does not contain nudity, or sexual, or explicit content;
  • You agree that User Content does not depict gratuitous violence, animal or child abuse, or encourage violence against others;
  • You agree the User Content does not contain hate speech, or the User Content does not promote or condone violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
  • You agree that the User Content is not considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If You have violated any of our User Content Guidelines or if we believe that any User Content may harm the Platform, Your access to the Platform may be suspended or terminated. We reserve the right to monitor any User Content submitted to the Platform but we have no obligation to monitor such User Content.

11. User Content Storage

Airpost at its discretion may offer storage of any User Content. Please be aware that we have no obligation to offer any storage of any User Content and may change our policies related to User Content storage limits at our discretion. We reserve the right to discontinue or modify any pricing, services, policies, or terms related to User Content storage on our Platform (at any time) and may do so at any time. Please be aware that we make no guarantees about any User Content stored on the Platform and you release us from all liability related to any User Content stored on the Platform. Specifically, we do not guarantee that your User Content will remain available, secure, accessible, or complete and some of all of your User Content may be deleted.

12. Sharing of Information

Any User Content submitted may be shared and licensed in accordance with this Agreement and any User information may be shared with third parties as deemed necessary by us. All Users should be aware that any User Content including any User information is not confidential and shall not be treated as confidential. If a User believes any User Content or information to be confidential or subject to confidentiality, it should not submit such User Content or information to the Platform.

13. Templates

Through the Platform you may be able to access and modify Templates (“Modified Template(s)”) using tools made available by the Platform. Where you use our Platform to create a Modified Template you may be charged a fee as stated within the Platform. Please be aware that we make no representation or warranty related to any ownership or licensing rights granted to you in your creation or use of any Templates or Modified Templates. You understand that we cannot guarantee that any Template or Modified Template shall be available to You perpetually and You may lose access to such Templates or Modified Templates. You bear all risk with respect to your use of any Template including any Modified Template you create within our Platform and you will indemnify us for your use of any Template or Modified Template.

14. Use of Templates

You represent, warrant, and covenant the following when using any Template (including Modified Templates):

  • You will promptly respond to and remove any Template from any posted or published location upon the receipt of copyright takedown notice or similar notification;
  • You will respect the intellectual property rights of us and/or any third party when using any Template and shall not use any portion of a Template in violation of any our rights or any third party rights;
  • You will abide by all US laws, rules and regulations (including all laws related to copyrights, trademarks, publicity, and marketing) when using any Templates;
  • You shall release and fully indemnify Airpost from all liability related to your use or access to any Template;
  • You shall not use any Template for paid marketing (i.e. sponsored posts, paid advertising, or paid content marketing); and
  • You will comply with and not breach any third party agreements when using any Template including but not limited to any social media platform’s terms of service.

15. Subscriptions

Airpost may allow users to purchase subscriptions for services made available on the Platform. After properly subscribing to the Platform, we shall grant you a personal, non-transferable, non-assignable, limited, fully revocable right to access the subscribed portions of the Platform as permitted by us and in accordance with this Agreement. We reserve the right to modify, alter, or remove any portions of the subscribed Platform at any time and your subscription does not entitle you to any additional rights (except those stated above) related to our Platform or services offered. All rights not explicitly granted are reserved for Airpost.

16. Termination of Subscription

To terminate Your subscription, please contact our team at info@airpost.ai. Where You terminate during any subscription period please be aware that any subscribed portions of the Platform may remain available until the end of Your subscription period. Please be aware that upon termination or lapse of your subscription any User Content associated with your account may be deleted or removed.

17. Payments

Where making a payment You will be prompted to input Your payment information or pay through our third party payment processor, where applicable. Please be aware that all payment information will be stored and secured by the payment processor and not us. All payments by Users must be made through the Airpost Platform. Userauthorizes Airpost or its third party payment processors to charge the credit card on file in the User’s account for such amounts listed. Depending on the transaction You selected, Airpost may charge You on a one-time or recurring basis. All information that You provide in connection with a purchase or transactionmust be accurate, complete, and current. You agree to pay all charges incurred by Users of Your credit card, debit card, or other payment method used in connection with a purchase or transaction with Airpost at the prices in effect when such charges are incurred. We expressly disclaim any liability for any damage that may result should any information be released to any third parties, and You agree to hold us harmless for any damages that may result therefrom.

Some purchases may require a subscription, User agrees to pay for all costs, fees, and taxes listed when subscribing to the Platform including any recurring subscription fees. User agrees to timely pay for any and all fees charged. Where Airpost uses a third party payment processor, User must agree to our third party payment processors’ terms and conditions for processing recurring subscription payments. Where a User has subscribed to the Platform, User’s payment information shall be logged for User’s convenience. IF USER’S ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, AIRPOST MAY CHARGE USER AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS USER NOTIFIES US THAT USER WANTS TO CANCEL USER’S AUTOMATIC PAYMENT. ADDITIONALLY, USER AUTHORIZES US TO BILL USER ON A RECURRING BASIS AND AGREES THAT USER’S SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS USER’S INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. USER AGREES THAT NO ADDITIONAL CONSENT IS REQUIRED BY USER TO CHARGE USER’S PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.

18. Refunds

All payments are final (except where prohibited by law), and you will not be entitled to a refund except where permitted by Airpost.

19. Termination

We may terminate this Agreement at our discretion and will notify you if we do so, if you wish to terminate this Agreement you must do so by emailing us at info@airpost.ai. Termination of this Agreement does not relieve User from any obligations set forth within this Agreement. Further, we may terminate this Agreement or your account if we determine that: (1) You have violated any applicable laws while using our Platform; (2) if You have violated this Agreement or any other of our Platform policies; (3) if Your account has remained inactive for an extended period of time; or (4) if we believe that any of Your actions may harm Airpost, at our sole decision or discretion. In the event of termination, we will strive to provide You with a timely explanation; however, we are not required to do so. Where termination has occurred, portions of this Agreement shall survive and remain in full force as stated in the “Survival” section of this Agreement.

20. Taxes

Depending on the laws of Your jurisdiction You may be taxed for any payments or purchases. Therefore, at the time of payment we may collect all applicable taxes related to Your use of the Platform.

21. Chargebacks

If we believe that You have participated in a fraudulent chargeback we will pursue our claims against You to the fullest extent allowed by law. In the event that we believe that a User has submitted a fraudulent chargeback, we will forward Your information to the applicable law enforcement agency and Your fraudulent chargeback may result in either a civil fine or jail time.

22. Free Trials

We may offer free trials at our discretion. After your free trial period terminates you may be required to pay for or subscribe to the Platform. Nothing in this Agreement obligates us to make free trials available to you at any time.

23. Idea Submission

Airpost or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Airpost. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Airpost’s products might seem similar to ideas You submitted to Airpost. If, despite our request that You not send us Your ideas, You agree to the following: (1) Your Submissions and their contents will automatically become the property of Airpost, without any compensation to You; (2) Airpost may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Airpost to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

24. Intellectual Property

The name “Airpost,” the design of the Airpost Platform along with Airpost created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein (“Marks”), are owned by or licensed to Airpost. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Airpost reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given You express written permission. All rights not expressly granted within this Agreement are hereby reserved.

25. Representations and Warranties

THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER AIRPOST, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM INCLUDING TEMPLATES, USER CONTENT, OR ANY OTHER INFORMATION; (C) ANY TEMPLATES OR MODIFIED TEMPLATES OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO AIRPOST OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. AIRPOST MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY USER CONTENT, MODIFIED TEMPLATES, OR ANY TEMPLATES. THE INCLUSION OF ANY USER CONTENT, MODIFIED TEMPLATES, OR ANY TEMPLATES ON THIS PLATFORM DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION BY AIRPOST. YOUR ABILITY TO USE, ACCESS, CREATE, MODIFY, DISTRIBUTE, OR DOWNLOAD ANY TEMPLATES OR MODIFIED TEMPLATES DOES NOT MEAN THAT YOU HAVE RECEIVED THE PROPER LICENSE FROM ANY RESPECTIVE PARTIES TO DO SO. AIRPOST DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM OR ANY TEMPLATES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND AIRPOST SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

26. Limitation of Liability

IN NO EVENT SHALL AIRPOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, YOUR INTERACTIONS WITH OTHER USERS, OR FROM ANY USER CONTENT OR TEMPLATES/MODIFIED TEMPLATES, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS RELATED TO YOUR USER CONTENT OR ANY TEMPLATES, (VII) ANY INJURY OR CLAIM THAT OCCURS OUT OF THE USE OF ANY USER CONTENT BY ANY USER CONTENTOR (VIII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY, IS NO MORE THAN THE AMOUNT YOU PAID IN THE PAST SIX MONTHS ON THE PLATFORM OR ONE-HUNDRED US DOLLARS, WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRPOST AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Airpost’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

27. Release

YOU RELEASE AIRPOST AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE WITH ANOTHER USEROR OTHER THIRD PARTY. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDIT OR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

28. Indemnity

You agree to release, defend, indemnify, and hold Airpost and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) Your breach of this Agreement, (ii) Your improper use of the Airpost Platform or any services provided, (iii) Your interaction with any other user or other third party including without limitation any injuries, losses or damages of any kind arising in connection with or as a result of such interaction, (iv) Your use of any User Content or Templates (including Modified Templates), (v) Your breach of any laws, regulations or third party rights. You agree that this indemnity extends to requiring You to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and You shall be liable for the damages as though we had proceeded with a trial.

29. Intellectual Property and Copyrights

Takedown Notice

We take copyright infringement very seriously. If You believe that any copyrighted material owned by You has been infringed upon by someone using our Platform, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from Your name.
  • The name and description of the work that is being infringed
  • The location on our Platform of the infringing copy.
  • A statement that You have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that You swear, under penalty of perjury, that the information contained in this notification is accurate and that You are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Airpost, info@airpost.ai or attn: Copyright Agent Airpost 2955 Campus Dr., #100, San Mateo, CA 94403.

Counter Notice

In the event that You receive a notification from Airpost stating content posted by You has been subject to a DMCA takedown, You may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:

  • Your name, address, email and physical or electronic signature.
  • The notification reference number (if applicable).
  • Identification of the material and its location before it was removed.
  • A statement under penalty of perjury that the material was removed by mistake or misidentification.
  • Your consent to the jurisdiction of a federal court in the district where You live (if You are in the U.S.), or Your consent to the jurisdiction of a federal court in the district where such other party is located (if You are not in the US).
  • Your consent to accept service of process from the party who submitted the takedown notice.

Please be aware that we may not take any action regarding Your counter-notice unless Your notification strictly complies with the foregoing requirements. Please send this counter-notice to: info@airpost.ai or attn: Copyright Agent Airpost 2955 Campus Dr., #100, San Mateo, CA 94403.

30. Choice of Law

This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in California.

31. Arbitration

This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the state of Florida, without giving effect to conflict of laws principles thereof.

Informal Resolution

Each party agrees that before it seeks mediation, arbitration, or any other form of legal relief it shall provide written notice to the other of the specific issues in dispute (and referencing the specific portions of the Agreement which are allegedly being breached). Within thirty days after such notice, knowledgeable executives of the party or the individuals themselves shall hold at least one meeting (in person or by video- or tele-conference) for the purpose of attempting in good faith to resolve the Dispute. The parties agree to maintain the confidential nature of all disputes and disagreements between them, including, but not limited to, informal negotiations, mediation or arbitration, except as may be necessary to prepare for or conduct these dispute resolution procedures or unless otherwise required by law or judicial decision. The dispute resolution procedures in this Section shall not apply prior to a party seeking a provisional remedy of injunctive relief related to claims of misappropriation or ownership of intellectual property, or trade secrets.

Mediation

Except as provided herein, any and all Disputes arising out of or relating to this Agreement shall be submitted to JAMS for mediation before arbitration or any other form of legal relief may be instituted. Mediation may be commenced by a party providing JAMS a written request for mediation setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS in selecting a single mediator and scheduling a mediation, which should take place within 45 days following a request for mediation. The mediator shall be a retired judge who has had experience with technology disputes. The parties agree that they will participate in the mediation in good faith and share equally in its costs. The mediation shall take place in San Mateo, CA.

Binding Arbitration

You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential binding arbitration. If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, You and Airpost agree that the arbitrator will decide that issue. However, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by JAMS Arbitration in accordance with their commercial rules (the “Rules”) then in effect, except as modified here. Arbitration shall be conducted by one (1) arbitrator, in English, as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be San Mateo, CA. Where a Dispute does not exceed $15,000 such Dispute shall be arbitrated solely via pleadings and documents. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Each party shall be responsible for their own costs. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to San Mateo County, CA.

Opt-Out

User has the right to opt out of binding arbitration within thirty (30) days of the date You first accepted this Agreement by notifying us via mail at Attn: Arbitration Opt Out Airpost 2955 Campus Dr., #100, San Mateo, CA 94403. In order to be effective, the opt out notice must include Your full name, any account information, and must clearly indicate Your intent to opt out of binding arbitration. If You have decided to opt-out of Binding Arbitration, all Disputes after an attempt at Mediation shall be heard in a court of competent jurisdiction located within San Mateo County, CA.

32. Class Action

You and Airpost agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that You will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

33. Force Majeure

You agree that we are not responsible to You for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

34. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement You may have with Airpost are deemed to conflict with each other’s operation, You agree that Airpost shall have the sole right to elect which provision remains in force.

35. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

36. Survival

The following sections shall survive termination, including, without limitation Sections 1-28, 30-39 and section 41.

37. Assignment

You may not assign Your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

38. Additional Agreements

This Agreement and the Privacy Policy constitutes the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter.

39. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email You. You may refuse to agree to the amendments, but if You do, You must immediately cease using our Platform.

40. California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Airpost must be sent to our agent for notice to: info@airpost.ai or Airpost 2955 Campus Dr., #100, San Mateo, CA 94403

California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

41. Electronic Communications

The communications between You and Airpost use electronic means, whether You visit the Platform or send Airpost e-mails, or whether Airpost posts notices on the Platform or communicates with You via e-mail. For contractual purposes, You (1) consent to receive communications from Airpost in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Airpost provides to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect Your statutory rights.