Legal

Airship Beta Services Terms

Effective as of March 11, 2025 — Previous Version

These Beta Services Terms (or, if applicable, your written agreement governing the applicable Beta Service (defined below)) (“Beta Terms”) describe your rights and responsibilities when accessing the Beta Services. By indicating your acceptance to these Beta Terms, or enabling or using a Beta Service, you:

  • agree to the following terms on behalf of the Airship customer with which you are employed, affiliated or associated (“Customer”),
  • represent that you have the authority to bind Customer to these Beta Terms, and
  • represent that you are an Authorized User under the Airship Terms of Subscription Service found at https://www.airship.com/legal/subscription-terms/ (“Airship Terms of Subscription Service”) or if applicable, other written agreement between Airship and Customer governing provision and use of the Services (the “Agreement”).

If you do not have such authority or do not agree to these Beta Terms, you may not use the Beta Services. These Beta Terms are an addendum to and form a part of the Agreement. Capitalized terms used but not defined herein have the meanings given to them in the Agreement. To the extent of any conflict or inconsistency between the provisions in these Beta Terms and the Agreement, these Beta Terms shall control.

1. Definition of Beta Services

“Beta Services” refer to any features, functionalities, or certain Services made available and designated by Airship as “Labs,” “Beta,” “Early Release,” “Pilot”, “Test” or other similar description, to be used in conjunction with or separate from the Airship Service. Each Beta Service may be more fully described in documentation provided to Customer by Airship at the time Customer is given access to the Beta Services.

2. Access and Use of Beta Services

  1. Access to Beta Services is provided at Airship’s discretion and may require compliance with specific eligibility criteria. Pursuant to these Beta Terms, Airship agrees to allow Customer to test and evaluate the Beta Services and Customer may choose to try such Beta Services or not in its sole discretion. Beta Services: (i) are for evaluation only; and (ii)  are experimental, and may not be fully functional or reliable. 
  2. Customer understands and acknowledges that the Beta Services are being provided on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. CUSTOMER ASSUMES ALL RISKS AND ALL COSTS ASSOCIATED WITH THEIR USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF CUSTOMER DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, Airship is not obligated to provide any maintenance, technical, or other support for the Beta Services.

3. Feedback and Intellectual Property

  1. Account Users are encouraged to provide feedback on Beta Services as detailed in the Feedback section of the Agreement.
  2. Provided that Airship obtains Customer’s prior written consent (via email is permitted), Airship may use Customer’s name or logo or upon Airship’s request, a mutually-agreed upon comment, quotation or statement related to Customer’s use of the Beta Services, each of which may be used by Airship as a reference for marketing or promotional purposes in connection with the Beta Services (“Publicity Rights”). The parties acknowledge and agree that Publicity Rights are not a requirement for Customer to test or evaluate the Beta Services.
  3. As detailed in the Ownership of the Service section of the Airship Terms of Subscription Service or other similar section of the Agreement, Airship owns all intellectual property rights for the Beta Services and everything related to them, including copyrights, patents, trade secrets, and trademarks. Airship retains all intellectual property rights in Beta Services and any related feedback.

4.  Limitation of Liability and Indemnification

IN NO EVENT SHALL AIRSHIP OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL LOSS, EXEMPLARY OF OTHER DAMAGES RELATED TO THE BETA SERVICES WHETHER DIRECT OR INDIRECT, INCLUDING (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIRSHIP DISCLAIMS ALL OBLIGATIONS OR LIABILITIES WITH RESPECT TO BETA SERVICES, INCLUDING ANY INDEMNITY OBLIGATIONS. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR IN THE AGREEMENT, AIRSHIP’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER IN RESPECT OF THE BETA SERVICES WILL BE $100 U.S. DOLLARS.  SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

5. Confidentiality

Subject to the Publicity Rights of Section 3 ( Feedback and Intellectual Property) of these Beta Terms, Customer agrees that any associated functionality or product information, any features, or functions of the Beta Service that are disclosed to Customer and are not publicly available including, without limitation, non-public or pre-release tools, products, environments or APIs and any associated Documentation, and any and all data or information contained therein (“Airship Proprietary Information”), as well as the Customer’s participation in the Beta Services constitute Airship’s Confidential Information, as defined in the Agreement. This “Confidentiality” section shall survive termination of these Beta Terms and shall continue to apply to the Airship Proprietary Information unless and until the Airship Proprietary Information become generally available to the public without restriction and through no fault of Customer or any of its Affiliates, agents, consultants or employees.

6. Termination and Modification

  1. Airship reserves the right to modify the Beta Services, at any time in our sole discretion, with or without notice, and without liability to Customer. Customer understands and agrees that if Customer  uses the Beta Services after the date on which the Beta Terms have changed, Airship will treat the Customer’s continued use as acceptance of the updated terms.
  2. These Beta Terms will apply to Beta Services until the general release (“General Availability” or “GA“) of the Beta Service to the public, or its discontinuation. Airship may terminate, suspend, deny access to or limit Customer’s use of the Beta Services at any time in Our sole discretion, with or without cause, with or without notice, and without liability to Customer.
  3. Account Users may terminate their participation in Beta Services  by ceasing use and notifying Airship at support@airship.com.

7. Relationship to Main Agreement

Section 3.3 (Usage Restrictions) and Section 8.2 (Customer Indemnity) of the Airship Terms of Subscription Service and the Airship Acceptable Use Policy fully apply to Beta Services.