Legal

Website Terms of Use

Modified November 1, 2024

Previous version

Welcome to the Airship Group, Inc., (“Airship”, “us” “we” or “our”), websites. Please read these Website Terms of Use (the “Terms of Use”) carefully because they govern your use of our websites including https://www.airship.com , https://support.airship.com, https://docs.airship.com/, https://apptimize.com/, https://www.gummicube.com/ , and any other websites that we may later own or operate (each, a “Site,” and collectively, the “Sites”). The Sites  provide information about and access to Airship’s products and services. They allow you to interact with us and others and provide you the opportunity to contact us directly. While we want you to enjoy the experience of visiting our Sites, we also want you to understand the terms to which you agree when visiting the Sites. References to “we,” “our,” “us” or “Airship” herein refer to Airship Group, Inc., a Delaware corporation, d/b/a Airship, and our subsidiaries, service providers and designees as deemed appropriate by us.

COMPLIANCE WITH TERMS; PRODUCT AND SERVICE PURCHASES

By accessing our Sites, you are agreeing to these Terms of Use, our then-current Privacy Statement, available at https://www.airship.com/legal/privacy/, the Airship Acceptable Use Policy available at https://www.airship.com/legal/acceptable-use/ and any other legal notices, terms and policies on our Sites (together referred to as “Terms”), all of which are expressly incorporated herein by this reference. If you are agreeing to the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms, in which case the terms “you” or “your” shall refer to such entity.

You agree to use the Sites only in accordance with the Terms, whether you are a “Visitor” (which means that you simply browse the Sites) or you are a “Member” (which means you have registered with us for the Sites). The term “User” means a “Visitor” or a “Member.” Please read and save all of the Terms. If you do not agree with the Terms, do not use our Sites or any of their features. If you register to become a Member you may be required to indicate your acceptance to the Terms during the registration process.

Notwithstanding the foregoing, if you elect to purchase or otherwise obtain access to any of Airship’s products and services, you acknowledge and agree that your access to and use of all such products and services shall be subject to and governed solely by the terms of your agreement with Airship for such products and services, and these Terms do not apply to such purchases or access.

Airship utilizes generative artificial intelligence powered (“AI”) search functionalities and automated chatbots, (the “Chatbot”) on the Sites. The Chatbots are provided to help you and Users to find content, respond to frequently asked questions, facilitate customer support, and enhance the user experience on our Sites. The Chatbots are designed to provide quick responses to inquiries, guide users through our Sites, and offer assistance with our products and services. Under various applicable laws we need your approval for our use of the Chatbots, and any of your personal information you may provide us as you use the Chatbots as follows:

  1. By interacting with the Chatbots and the AI powered search functionalities, you acknowledge that your interactions are with an automated system and not a live person.  
  2. The Chatbots may process your Personal Information in accordance with our Privacy Statement available at https://www.airship.com/legal/privacy/.
  3.  When you interact with the Chatbots, you understand and agree that by default the Chatbots may record your conversation. 
  4. We will collect from you in our communications in the Chatbots your  Personal Information necessary to provide you with the requested information or if applicable, to schedule a meeting.
  5. Where the Chatbot used is for scheduling a meeting, Airship may then send you emails to follow up on our discussion in the Chatbot or to book a meeting.
  6. The use of the Chatbots and of the AI powered search functionalities is intended for persons with at least 18 years of age. If you are under 18 years of age (or the age of legal majority where you live), you may not use the Chatbots.
  7. Be aware that Chatbot conversations may be reviewed by our teams to improve results. Do not share in your conversation through the Chatbots, including any AI powered Chatbots, any Personal information that is not useful and/or requested for handling your assistance request.   
  8. Use of the Chatbot and any AI powered search functionalities are subject to reasonable usage limits to ensure optimal performance and availability for all users. We monitor activity to prevent abuse of the AI powered functionalities, and we reserve the right to limit or suspend access to any User found to be engaging in activities that overwhelm our systems or violate our Terms of Use or the Acceptable Use Policy.
  9. You can withdraw your consent to receive information from Airship about our services at any time (without any costs) by clicking at the unsubscribe link at the bottom of any of our emails (if applicable, also with regard to the use of your telephone number) or by sending an email to privacy@airship.com.

While we strive to provide accurate information through the Chatbots and the AI powered search functionalities, we cannot guarantee the accuracy and/or the completeness of the information provided. The Chatbots and the AI powered search functionalities may, at times, provide information that is inaccurate. Therefore, we encourage you to verify any information provided by the Chatbots and the AI powered search functionalities before taking any action or making any decisions based on the information received and Airship assumes no responsibility or guarantee for the accuracy or completeness of the information provided.  Airship expressly reserves the right to modify, add or delete individual or all AI powered functionalities, including the Chatbots, without notice, or to discontinue the AI powered functionalities temporarily or permanently. Airship provides no guarantee for the uninterrupted accessibility of the Chatbots and of the AI powered search functionalities. Airship, its directors, employees, affiliates and representatives do not accept any liability regarding the information provided and cannot be held liable for any actions, losses, or damages resulting from the use of the Chatbots and of the AI powered search functionalities.

AMENDMENT

We may amend or terminate any of these Terms of Use at any time and such amendment or termination will be effective at the time we post the revised Terms on the Sites. Each time you use the Sites you should visit and review the then current Terms that apply to your transactions and use of these Sites. Your continued use of the Sites after we have posted revised Terms of Use signify your acceptance of such revised Terms of Use. If you are dissatisfied with the Sites, their content or any Terms of Use (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Sites. We may also change or discontinue all or any part of the Services, at any time and without notice or liability, at our sole discretion. The Terms of Use are the entire agreement between you and Airship with respect to your use of our Sites.

ELIGIBILITY

Use of the Sites and their features and registration to be a Member (“Membership”) is void where prohibited. By using the Sites and their features, you represent and warrant that (a) you are not a minor and may otherwise enter into and form binding contracts under applicable law in our location of residence; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Sites and their features does not violate any applicable law or regulation.

TERM

These Terms of Use, as we may revise them from time to time, shall remain in full force and effect while you use the Sites or are a Member. You may terminate your Membership at any time, for any reason, by providing written notice to us. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, the Terms of Use will remain in effect and you will remain bound by them except that your right to use the Sites as a Member will terminate.

PASSWORDS

If you register to become a Member, you will be asked to choose a username (or email address) and password. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your username and password to log into the Sites. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account so please be vigilant in protecting its confidentiality.

YOUR USE OF THE SITES

You have a non-transferable, non-exclusive license to access our Sites, to view information contained at the Sites, and to interact with the Sites. You agree not to use the Sites for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Sites or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Sites.

Tampering with the Sites, misrepresenting your  identity or age or those of your User, using buying agents or conducting fraudulent activities on the Sites are prohibited.

USER CONTENT

GENERALLY

We may, but are not obligated to, allow you to upload content for display on the Sites. If we allow this feature, please choose carefully the information you post on the Sites, provide to other Users and/or otherwise make available to us and through the Sites. Your content may not include any form of prohibited content, as outlined below. Despite this prohibition, information, materials, products or services provided by other Members (for instance, in their profile or displayed on the Sites in areas in which users can post content) may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms, and we assume no responsibility or liability for this material. If you become aware of misuse of the Sites or their features by any person, please click on the “Contact Us” link on the Sites pages and follow the directions as to how to contact us, or email security@airship.com. 

We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Sites at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Sites if we determine, in our sole discretion, that you have violated the Terms of Use, pose a threat to us, our suppliers and/or our Users or for any other purpose we determine in our sole discretion.

PROPRIETARY RIGHTS

Airship does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on the Sites (if applicable). After posting your Content to the Sites, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. The Sites may contain Content of Users and other licensors. Except as provided within the Terms of Use, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Sites.

By displaying, publishing Content on the Sites, or otherwise submitting Content to us (collectively, “posting”), you hereby grant to Airship an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through the Sites. From time to time, we may remove Content from the Sites, permanently or temporarily.

You represent and warrant that: (i) you own the Content posted by you on or through the Sites or otherwise have the right to grant the licenses set forth above, and (ii) the posting of your Content on or through the Sites does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you.

The Sites also contains text, files, images, photos, video, logos, sounds, musical works, works of authorship, applications, or any other materials  provided by Airship, (“Airship Content”). Airship Content is protected by copyright, trademark, patent, trade secret and other laws, and Airship owns and retains all rights in the Airship Content and the features and functionality of the Sites. Airship hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Airship Content (excluding any software code) solely for your personal use in connection with utilizing the products and services available on the Sites for the duration of your relationship with Airship only.

CONTENT POSTED

You agree to not use the Sites to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Sites;
  4. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  5. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation;
  6. upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites;
  8. intentionally or unintentionally violate any applicable local, state, national or international law; and/or
  9. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through h above.

Airship may reject, refuse to post or delete any Content for any or no reason, including, without limitation, Content that in the sole judgment of Airship violates the Terms of Use, including our Privacy Statement available at https://www.airship.com/legal/privacy/. We assume no responsibility for monitoring the Sites for inappropriate Content or conduct. If at any time Airship chooses, in its sole discretion, to monitor the Sites, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for your use of the Sites, the Content that you post on or through the Sites, and any material or information that you transmit to other Members and for your interactions with other Users.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Airship respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right to terminate the Membership of anyone we suspect to be an infringer.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Airship’s Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Sites;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Airship’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Attn: Airship Legal, DMCA Notices

Airship Group, Inc.
1225 West Burnside
Suite 401
Portland OR 97209

airshiplegal@airship.com

DISCLAIMERS

Airship is not responsible for and makes no warranties, express or implied, as to any content on the Sites, including, without limitation with respect to the accuracy and reliability of the Airship Content, User Content or other Content posted on or through the Sites, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Sites, or otherwise. The User Content does not necessarily reflect the opinions or policies of Airship. Profiles and third-party applications created and posted by Members on the Sites may contain links to other websites. Airship is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Airship. Inclusion of any linked websites on the Sites does not imply approval or endorsement of the linked websites by Airship. When you access these third-party websites, you do so at your own risk. Airship takes no responsibility for third party advertisements or third-party applications that are posted on or through the Sites, nor does it take any responsibility for the goods or services provided by its advertisers. Airship is not responsible for the conduct, whether online or offline, of any User of the Sites including, without limitation, any Content posted by any User. Airship assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Airship is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Sites or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Sites. Under no circumstances shall Airship be responsible for any loss or damage, including personal injury or death, resulting from use of the Sites, from any User Content posted on or through the Sites or from the conduct of any Users, whether online or offline. Additionally, Airship shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Sites. We will not be liable to you if you are unable to access information through the Sites.

Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.

The Sites are provided “AS-IS” and as available and Airship expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Airship cannot guarantee and does not promise any specific results from use of the Sites.

LIMITATIONS OF OUR LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

INDEMNIFICATION

You agree to indemnify and hold Airship, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Sites in violation of the Terms of Use and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms of Use, and/or arising out of or relating to any Content that you post or third party transaction that you enter or attempt to enter in connection with the Sites.

MISCELLANEOUS

The Terms of Use will be construed, and their performance enforced, under the laws of Oregon without reference to choice of law principles. Any dispute relating to the Terms of Use or the Sites may be litigated only in a court having jurisdiction and venue in Clackamas County for state court causes of action and in the District of Oregon for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.

The Terms of Use are accepted upon your use of any of the Sites or any of their  features and is further affirmed upon you becoming a Member (if applicable). The Terms of Use constitute the entire agreement between you and Airship regarding the use of our Sites and their  services and features. The failure of Airship to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. The Terms of Use operate to the fullest extent permissible by law. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.