Terms of Service

Last updated : August 29, 2017
LABORATOIRE DE RECHERCHE SUR L’INTELLIGENCE ARTIFICIELLE (AIRLAB) Inc. (“Airlab”)
AIRLAB TERMS OF SERVICE
PLEASE READ CAREFULLY THE FOLLOWING CONDITIONS AND TERMS. BY REGISTERING FOR OR ACCESSING, BROWSING, AND USING THE AIRLAB WEBSITE AND NETWORK (THE “AIRLAB SERVICES”), YOU ACKNOWLEDGE THAT YOU (“USER”) HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES THAT MAY BE ADOPTED FROM TIME TO TIME, AND ANY FUTURE MODIFICATIONS THAT MAY BE MADE BY AIRLAB IN ITS SOLE DISCRETION (COLLECTIVELY, THE ” TERMS “). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY TERMINATE YOUR USE OF THE AIRLAB SERVICES. NOTE TO CHILDREN UNDER 13 YEARS OF AGE : THE AIRLAB SERVICES IS NOT FOR PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE THE AIRLAB SERVICES.
By using the Services, you agree to be bound by the terms and conditions contained herein (the “Terms”), which also include Airlab Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Site or through the Services by Airlab, each of which is incorporated by reference and each of which may be updated by Airlab from time to time without notice to you in accordance with the terms set out below. In addition, some services offered through the Services may be subject to additional terms and conditions specified by Airlab from time to time. Your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. These Terms apply to all users of the Services, including, without limitation, publishers who incorporate X-Mediate™ SDK into their mobile applications and access the Airlab Platform and advertisers who promote their products and services through the Airlab Platform. If you do not agree to the terms and conditions contained in these Terms, you may not access or otherwise use the Services.

We may, in our sole discretion, modify these Terms with or without notice to you. The “Last Updated” date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms has been modified, you are agreeing to such modifications. Therefore, you should review these Terms prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby

You represent that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Airlab Services is not intended for children under the age of 13. If you are using or opening an account on the Airlab Services on behalf of an entity , then you represent and warrant that you: (1) are an authorized representative of that entity with the authority to bind such entity to these Terms and (2) agree to be bound by these Terms on behalf of such entity.

Privacy

Airlab’s Privacy Policy, available here, is incorporated into these Terms by reference. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of information. By using the Services, you acknowledge that you have read, and you agree to be bound by, the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services, account registration, and any other personal information provided by you in accordance with our Privacy Policy
Modification of the Terms
We may, in our sole discretion, modify these Terms with or without notice to you. The “Last Updated” date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms has been modified, you are agreeing to such modifications. Therefore, you should review these Terms prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
Airlab Services
“Airlab Services” or “Services” means services owned and operated by Airlab that (a) facilitate the delivery and insertion of demand partner advertisements through mobile websites and/or mobile applications owned or managed by user (and where the advertising space is located) on mobile phones, tablets, and other wireless computing devices; and (b) may be composed of web pages available at www.Airlab.com and software, including the X-Mediate™ SDK and the X-Mediate Platform.
Airlab Services Access
1 Access. Airlab grants you permission to use the Airlab Services as set forth in these Terms, provided that: (i) you do not copy, publicly display or distribute any part of the Airlab Services in any medium without Airlab’s prior written authorization; (ii) you do not alter or modify any part of the Airlab Services other than as may be reasonably necessary to use the Airlab Services for its intended purposes; (iii) you do not engage in any of the prohibited uses described below; and (iv) you will otherwise fully comply with these Terms.

You may not: (i) select or use as a Airlab User ID a name of another person with the intent to impersonate that person; (ii) use as a Airlab User ID a name subject to any rights of a person other than you without appropriate authorization. Airlab reserves the right to refuse registration of, or cancel an Airlab User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Airlab password, and are fully responsible for all activities that occur under Airlab User ID.

The Airlab Services is controlled and offered by Airlab from its facilities in the United Kingdom. Airlab makes no representations that the Airlab Services is appropriate or available for use in other locations, and access to the Airlab Services from territories where the Content of the Airlab Services may be illegal is prohibited. Those who access or use the Airlab Services from other jurisdictions do so at their own risk and are solely responsible for compliance with local laws.

2 Exclusivity. By using Airlab’s Services you agree to grant Airlab the advertising management exclusivity during the entire duration of the partnership. As such you may not integrate or apply any additional third-party advertising SDK.

3. Airlab could not be held responsible for any ad content provided by advertisers. In case you want to block a certain ad campaign on your app, it is your responsibility to contact Airlab support so that Airlab transfers your request to the relevant advertiser. Airlab can’t be held responsible if the advertiser fails to reply positively to your request. You can stop displaying ads from a specific advertiser at any time just by deactivating the relevant advertiser on Airlab.

Airlab has no control over (and is merely a passive conduit with respect to) any content that may be submitted or published by any advertiser, and that you are solely responsible (and assume all liability and risk) for determining whether or not such content is appropriate or acceptable to you.

4. You will at all times (i) maintain, display and abide by a conspicuously placed and legally sufficient privacy policy that makes appropriate disclosures to your users, including at a minimum disclosures that (a) you or third parties such as advertisers may receive or gather information about your users and use the information for targeted advertising, and (b) explain how your users can opt out of targeted advertising (e.g., by using device-level settings opt-outs) and (ii) comply with all applicable privacy and data protection laws and regulations and industry and government guidelines, including, without limitation, those relating to the collection of information from users of your applications.

You are solely responsible for accurately categorizing the content within each of your applications via the Services and utilizing any content, age or other filtering functionality for advertisements made available via the Services and agree to keep such designations up to date.

You will notify Airlab prior to any use of the Services in connection with any application that is “directed to children” under the Children’s Online Privacy Protection Act (“COPPA”). This notification must be made by appropriately designating the application within the administration portion of the Services. You are fully liable for, and will indemnify Airlab against, all liability arising from or relating to COPPA in connection with any Application “directed to children” that you fail to appropriately designate.

You and your applications will comply with the Terms of Service, Privacy Policy and Airlab SDK and any applicable requirements imposed by your platform licensors (e.g., Apple or Google).

5 Fees. Certain functions on the Airlab Services may now or in the future have fees associated with them. When you use a function that has a fee you will have an opportunity to review and accept the fees that you will be charged based on our stated fees, which we may change from time to time. Airlab may choose to temporarily change the fees for Airlab’s services for promotional events or new services, and such changes are effective immediately. Unless otherwise stated, all fees are in USD.
Consideration
Within sixty (60) days after the end of each calendar month during the term of the Services, Airlab will provide you a written or electronic report, or will enable you to access such reports online, showing the bases for calculating the net revenue share for such month. If you dispute any payment made in connection with the Services, you must notify Airlab in writing within thirty (30) days of any such payment. Failure to so notify Airlab shall result in the waiver by you of any claims related to such disputed payment. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your use of the Services.

Net Revenue shall mean amounts due and owing to Airlab from advertisers attributable to advertisements in your applications, less any of the following: (i) any commissions or fees due to, or revenue share retained by, third party advertising sales networks or agencies; (ii) refunds to advertisers, (iii) payment processing or transaction fees; (iv) adjustments, chargebacks and bad debt; and (v) taxes (other than taxes payable on Airlab net income).

Depending on the case (i) Airlab may manage your accounts with advertising networks with whom you directly concluded a contract. In this case, you are responsible for invoicing the advertising network and will be paid directly by the advertising network; any amounts that the advertising network owes to you shall be considered revenues. Should Airlab not have any access to the your accounts with an advertising network, you shall place at Airlab’s disposal the information required, including the corresponding evidence, for calculating the revenues; or (ii) Airlab’s Services place you in a position to manage and optimise the marketing of your app vis-à-vis individual or several advertising partners, in particular vis-à-vis direct ad networks, adexchange marketplaces and ad servers (“Ad Networks”).
Incentivized Traffic
Incentivized traffic is when a publisher compensates end users for watching an advertisement and/or taking a particular action by providing a virtual benefit – from in-app currency to redeemable points and artifacts.

As a publisher using Airlab’s Services, you agree that the sole and exclusive format for Incentivized Traffic shall be rewarded ad format. All other reward formats are prohibited. In addition, publishers are prohibited from using rewarded ads to offer monetary rewards of any kind, including, but not limited to, cash or gift cards. Under no circumstances may end users be rewarded by any “real world” monetary value.
Proprietary Rights
The Airlab Services is owned and operated by Airlab. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Airlab Services that are provided by Airlab (” Airlab Materials “) are protected by European copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Airlab Materials contained on the Airlab Services are the property of Airlab or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names contained in the Airlab Materials or on the Airlab Services (excluding marks related to the Content) are proprietary to Airlab or its affiliates and/or third-party licensors. Airlab reserves all rights not expressly granted in these Terms.
Disclaimer
The Airlab Services works in connection with third party mobile and internet-based applications and advertisements from the Airlab advertising network. Airlab is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you or your users (if you operate or otherwise run an application or other service that utilizes the Airlab Services) may be exposed to Third Party Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Airlab with respect thereto. Airlab does not endorse any Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Airlab be liable in any way for or in connection with any Content. By accessing or using any Content through or in conjunction with the Airlab Services, you, on behalf of yourself and your users, waive any and all claims against Airlab that you may have arising out of or relating to such Content. Your options regarding the Content, if offended or otherwise dissatisfied, are to cease using the Airlab Services and/or to notify Airlab’s customer service department with your concerns.
Prohibited Uses
1 You hereby represent and warrant that you will not use the Airlab Services for any purpose that is unlawful or prohibited by these Terms. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, gaming, the internet, technology, data, email, or privacy.

2 You further represent and warrant to Airlab that (i) you are the owner of each application you designate in connection with the use of Services or that you are legally authorized to act on behalf of the owner of such application for the purposes of these Terms, and (ii) you have all necessary right, power and authority to enter into these Terms and to perform the acts required of you hereunder. You further represent and warrant to Airlab that each of your application and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; (c) are not hate-related in content; and (d) will not introduce viruses or other malware to the Services or Airlab systems or end users.

3 If you are a publisher using Airlab’s Services, you must have an active application that is currently published in the App Store, Google Play or Amazon Store. If at any point the application is removed from those platforms, but impressions generating from Airlab Services continue, you acknowledges, understands and agrees that it may not receive earnings derived from such impressions

4 You agree not to “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services.

5 You agree not to collect, or attempt to collect, personal information about users or third parties of the applications, games, sites or other services using the Airlab Services without their consent.

6 You agree not to intentionally interfere with or damage, impair or disable the operation of the Airlab Services or any user’s enjoyment of it, by any means..

7 You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Airlab Services.

8 You agree that you will not use any robot, spider, scraper, or other automated means to access the Airlab Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Airlab Services.

9 You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Airlab Services unless you have agreed to an advertising agreement with Airlab that permits this activity.

10 You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Airlab Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

11 You agree not to modify, adapt, translate or create derivative works based upon the Airlab Services or any part thereof.
Account
As a condition to using the Services, you may be required to register with Airlab by providing personal information and selecting a password and entering your email address (“Airlab User ID“). You hereby acknowledge and agree to provide Airlab with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You may not: (i) select or use as a Airlab User ID a name of another person with the intent to impersonate that person; (ii) use as a Airlab User ID a name subject to any rights of a person other than you without appropriate authorization. Airlab reserves the right to refuse registration of, or cancel a Airlab User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Airlab password, and are fully responsible for all activities that occur under Airlab User ID. You agree it is your responsibility to: (a) immediately notify Airlab of any unauthorized use of your Airlab User ID or any other breach of security; and (b) ensure that you exit from your account at the end of each session.

Airlab may make changes to or discontinue any of the Content, media, web communities, products, or services available within the Airlab Services at any time, and without notice. The media, products, or services on the Airlab Services may be out of date, and Airlab makes no commitment to update these materials on the Airlab Services.

Airlab reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms, you agree that Airlab and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.

Airlab does not guarantee that the Services will be operable at all times or during any down time.
Termination
You agree that Airlab, in its sole discretion and for any or no reason, may terminate any user or user account (or any part thereof) you may have on the Airlab Services or your use of the Airlab Services, and remove and discard all or any part of your account, at any time, with or without notice. Airlab may also in its sole discretion and at any time discontinue providing access to the Airlab Services, or any part thereof, with or without notice. You agree that any termination of your access to the Airlab Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Airlab shall not be liable to you or any third-party for any such termination, including for the unavailability of any Content. Airlab does not permit unlawful, infringing, fraudulent or otherwise illegitimate activities on the Airlab Services, and reserves the right to terminate access to the Airlab Services, or halt, suspend, or terminate prizes (whether proposed, pending or past) in cases of actual or suspected fraud, violations of these Terms or other laws or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Airlab may have at law or in equity.

If you are dissatisfied with the Airlab Services, then please let us know by e-mailing us at support@Airlab.com. You may terminate your use by closing your account, discontinuing your use of any and all parts of the Airlab Services, or providing Airlab with notice of termination at support@Airlab.com.
Indemnification
You agree to indemnify and hold harmless Airlab, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of (i) your use or misuse of the Airlab Services; (ii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iii) your violation of the rights of any other person or entity, including, but not limited to, claims that any submission or comment by you infringes or violates any third party intellectual property rights, including any claims for the payment of so-called mechanical royalties, public performance royalties, or any other royalties claimed by any owner of any rights in any submission or comment. Airlab reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Airlab. Airlab will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
No Warranties
1 YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 14, THE TERM AIRLAB INCLUDES AIRLAB’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.

2 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AIRLAB, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIRLAB OR THROUGH THE AIRLAB SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

3 “YOU EXPRESSLY AGREE THAT THE USE OF THE AIRLAB SERVICES IS AT YOUR SOLE RISK. THE AIRLAB SERVICES (FOR CLARITY, INCLUDING WITHOUT LIMITATION ANY CONTESTS, INFORMATION, STATISTICS AND OTHER CONTENT PROVIDED BY AIRLAB), USER SUBMISSIONS AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE AIRLAB SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

4 AIRLAB, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE AIRLAB MATERIALS, CONTENT, AIRLAB SERVICES, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE AIRLAB SERVICES OR ANY LINKED APPLICATIONS, ADVERTISEMENTS, OR SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. AIRLAB MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO YOUR LEGAL RIGHT TO PARTICIPATE IN ANY CONTEST OFFERED ON THE AIRLAB SERVICES NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH AIRLAB HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
Limitation of Liability
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AIRLAB OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE AIRLAB MATERIALS AND CONTENT ON THE AIRLAB SERVICES OR ANY REFERENCE SITES, THE AIRLAB SERVICES ITSELF, OR ANY OTHER INTERACTIONS WITH AIRLAB, EVEN IF AIRLAB OR A AIRLAB AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, AIRLAB’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL AIRLAB OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE AIRLAB SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES, IF ANY, YOU HAVE PAID AIRLAB IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.

Generally, if a dispute arises between Airlab and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Airlab agree that the parties will resolve any claim or controversy that arises out of this Agreement or the Airlab Services (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. YOU AND AIRLAB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AIRLAB SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

You agree that any claim or dispute you may have against Airlab must be resolved by binding individual arbitration with an accredited arbitration agency featuring no less than three (3) arbitrators chosen in accordance with the rules of arbitration of the selected agency. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims you bring against Airlab must be resolved in accordance with these Terms. All claims filed or brought contrary to these Sections will be considered improperly filed. Should you file a claim contrary to these Sections, Airlab may recover attorneys’ fees and costs up to €10,000, provided that Airlab has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Airlab to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Airlab without restriction. Any assignment attempted to be made in violation of these Terms shall be void

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Airlab as a result of these Terms or use of the Airlab Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Airlab other than pursuant to these Terms.

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

This is the entire agreement between you and Airlab relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by Airlab.

The services hereunder are offered by Airlab Ltd., located at: 6300, Avenue du Parc Montréal, H2V4H8 Québec, Canada, email : legal@Airlab.com

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