TERMS OF SERVICE
Last updated February 15, 2026
TABLE OF CONTENTS
1. INTRODUCTION
We are AirROI LLC ("Company," "we," "us," "our").
We operate the website http://www.airroi.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (collectively, the "Services").
AirROI empowers Airbnb hosts, property managers, and investors with AI-driven analytics, market research, and dynamic pricing to maximize return on investment.
You can contact us by email at admin@airroi.com or by mail to:
AirROI LLC
These Terms of Service ("Legal Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and AirROI LLC, concerning your access to and use of the Services. By accessing the Services, including purchasing or accessing any data products offered through the Services, you agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. We reserve the right to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms and, where possible, by providing notice via email or other means. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the Services after the posting of revised Legal Terms means that you accept and agree to the changes.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
2. DEFINITIONS
For the purposes of these Legal Terms:
3. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would violate law or regulation or require any registration within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
API Services
In addition to our website and other related products, we offer access to certain Services and Data via our Enterprise API ("API Services"). Your use of the API is subject to these Legal Terms, including any specific terms outlined in Section 4 (Intellectual Property Rights and Data License) regarding API access and any separate API Documentation or license agreement you enter into with us. The API is designed to allow you to build applications and services that interact with our platform.
Enterprise API Specific Terms:
Beta Services
From time to time, we may offer new features or tools as part of the Services, which may be in beta testing ("Beta Services"). Beta Services may be subject to additional terms. You understand that Beta Services are experimental and may not function as intended. We are not obligated to provide maintenance, support, or updates for Beta Services.
4. THIRD-PARTY PLATFORMS AND CONTENT
4.1. No Endorsement
AirROI is an independent service and is not affiliated with, sponsored, endorsed, or administered by Airbnb, Inc. or any of its affiliates. Any use of the term "Airbnb" is for descriptive and referential purposes only. We do not claim any ownership of the Airbnb brand or the content on its platform.
4.2. Third-Party Content
The Services may display, include, or make available content, data, information, applications, or materials from third parties ("Third-Party Materials"), including but not limited to property listing information, images, and text gathered from publicly available online sources. You acknowledge and agree that Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials, or for any other materials, products, or services of third parties.
4.3. Digital Millennium Copyright Act (DMCA) Notice and Policy
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
All Notifications should meet the requirements of DMCA 17 U.S.C. ยง 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and that is to be removed; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Designated Copyright Agent: Legal Department AirROI LLC admin@airroi.com
5. INTELLECTUAL PROPERTY RIGHTS AND DATA LICENSE
5.1. Our Intellectual Property
We own or license all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (collectively, the "Content"), the Data, and the trademarks, service marks, and logos contained therein (the "Marks").
Our Content, Data, and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in the United States and internationally.
The Content and Marks are provided in or through the Services "AS IS" for your use in accordance with these Legal Terms.
5.2. Data License Grant and Scope
Upon purchasing or gaining authorized access to the Data through the Services, and subject to your full compliance with these Legal Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable Data License to access, download, and use the Data strictly according to the terms specified herein and the type of Data License acquired (Commercial or Non-Commercial, as indicated at the point of purchase or access).
5.3. API License Grant and Scope
Subject to your full compliance with these Legal Terms and any applicable payment for API access, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the API and access the Data and Content through the API, strictly in accordance with these Legal Terms, the API Documentation, and any specific usage limitations (e.g., rate limits, call quotas) communicated to you. This API License is granted for the purpose of developing, testing, and operating your application(s) that integrate with or access our Services ("Your Application").
5.4. Data License Restrictions (Applicable to ALL Data Licenses, including Data accessed via API)
You shall NOT, directly or indirectly:
5.5. Additional Restrictions for Non-Commercial Data License
In addition to the restrictions in Section 4.3, you shall NOT use the Data for any Commercial Use whatsoever, including but not limited to using it within commercial products/services, for paid consulting, or for any activity primarily intended for commercial advantage or monetary compensation.
5.6. Your Use of Other Services Content
Subject to your compliance with these Legal Terms, including the Data License terms above, we grant you a non-exclusive, non-transferable, revocable license to:
solely for your personal, non-commercial use or internal business purposes consistent with the license granted.
5.7. Content Usage (General)
Except as expressly permitted herein (including under the terms of your specific Data License), you may not copy, reproduce, modify, distribute, display, perform, or exploit any part of the Services, Content, Data, or Marks without our prior written permission. This prohibition includes, but is not limited to, the creation of derivative works, and the unauthorized distribution or republication of any reports, analyses, or other materials, whether in digital or physical form (e.g., PDFs, screenshots, printouts). If you wish to use our Content, Data, or Marks for any purpose not expressly permitted, please contact us at admin@airroi.com.
5.8. Your Submissions
By sending us any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. We shall own and be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
6. USER REPRESENTATIONS
By using the Services, including the API, you represent and warrant that:
7. USER REGISTRATION
You may be required to register an Account to use the Services, including accessing licensed Data or the API. You agree to keep your password and API Key(s) confidential and are responsible for all activities under your Account and API Key(s). We reserve the right to remove, reclaim, or change a username you select if we determine it is inappropriate, obscene, or otherwise objectionable.
8. PURCHASES AND PAYMENT
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and Account information for all purchases made via the Services, including purchases of Data Licenses or subscriptions providing access to Data. You agree to promptly update account and payment information. Sales tax will be added where required. All payments shall be in U.S. dollars. By completing a purchase, you authorize us (and our third-party payment processor, e.g., Stripe) to charge your selected payment method for the total amount of your purchase, including any applicable taxes and recurring subscription fees. Your agreement to these Legal Terms, indicated by completing the purchase process (e.g., checking an agreement box on a payment link), forms a binding contract including the Data License terms outlined herein.
Automatic Credit Replenishment and Payment Information Storage
By making any purchase through our Services, you expressly authorize us to:
You acknowledge and agree that:
API Credits Policy
API credits are prepaid, non-refundable, and non-transferable once purchased, whether acquired through manual top-up, automatic credit replenishment, or any other method. Credits do not expire and remain available in your Account for use toward API calls indefinitely.
By enabling automatic credit replenishment (or by not disabling a default auto-recharge setting), you authorize recurring charges to your stored payment method when your credit balance falls below the applicable threshold. These automatic purchases are treated as voluntary credit purchases and are subject to the same non-refundable terms as manual credit purchases. You may disable automatic replenishment at any time through your Account settings to prevent future automatic charges.
Initial Activation Guarantee
For new customers, we offer a one-time, 7-day money-back guarantee on the initial activation deposit only, provided usage has not exceeded reasonable levels as determined by us in our sole discretion. This guarantee applies exclusively to the first credit purchase associated with your Account and does not extend to subsequent top-ups, automatic replenishments, or subscription fees. To request a refund under this guarantee, contact us at admin@airroi.com within 7 days of your initial purchase.
Chargebacks and Disputed Charges
If you initiate a chargeback or payment dispute for any credit purchase, we reserve the right to immediately suspend or terminate your Account and API access pending resolution. Fraudulent or bad-faith chargebacks may result in permanent account termination and collection of any outstanding amounts owed.
Waiver of Right to Cancel (EU Customers)
By placing your order for digital content or services (including Data access), you acknowledge and agree that you are waiving your right to cancel and return your order within 14 days as provided by EU distance selling regulations, as the service or data access may begin immediately upon purchase confirmation. This waiver is a condition of your purchase and is irrevocable.
9. SUBSCRIPTIONS
Billing and Renewal
If you purchase a subscription (which may include access to Data), your subscription will automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each charge until you cancel. The renewal period will typically be the same as your initial subscription period (e.g., monthly or annually).
Cancellation
You may cancel your subscription at any time by logging into your Account or contacting us at admin@airroi.com. Cancellation will take effect at the end of the current paid term. No refunds will be provided for the remaining period unless required by law. Upon cancellation, your access to subscription-based Services and Data may cease at the end of the paid term.
Fee Changes
We may change subscription fees at any time. Any price changes will be effective upon your next billing cycle and will be communicated to you in advance, giving you an opportunity to cancel before the changes take effect.
10. PROHIBITED ACTIVITIES
You may not access or use the Services (including any Data obtained or API access) for any purpose other than that for which we make them available under the granted license. You agree not to:
11. USER GENERATED CONTRIBUTIONS
The Services may allow you to submit content, including but not limited to text, images, or other material ("Contributions"). By submitting Contributions, you represent and warrant that:
12. CONTRIBUTION LICENSE
By posting your Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license to use, copy, modify, publish, broadcast, and distribute such Contributions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. This license does not apply to the Data licensed to you under Section 4.
13. SOCIAL MEDIA
You may link your Account with third-party social media accounts. By doing so, you grant us access to certain information from those accounts. We are not responsible for any content or practices of third-party service providers.
14. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites or content. We do not control or endorse such websites or content and are not responsible for their availability, accuracy, or reliability.
15. ADVERTISERS
We allow advertisers to display advertisements on the Services. We are not responsible for the products or services offered by advertisers.
16. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
17. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Services, including accessing Data or using the API, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Software Information Collection
We may collect information on system usage to help us better manage and improve the Services. All information collected is consistent with our Privacy Policy.
18. TERM AND TERMINATION
These Legal Terms remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES AND TERMINATING ANY DATA LICENSE OR API LICENSE), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your Account, Data License, or API License for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Upon termination of your Account, Data License, or API License, your right to use the applicable Services, Data, and API will cease immediately. You must cease all use of the Data and API, and destroy any copies of Data in your possession or control, and cease all use of the API. All provisions of these Legal Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and data license and API license restrictions.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services (including data offerings) without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemics, pandemics, shortages of transportation facilities, fuel, energy, labor, materials, or failures of public or private telecommunications networks.
20. GOVERNING LAW
These Legal Terms and your use of the Services (including any Data License or API License) are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
21. DISPUTE RESOLUTION
Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Legal Terms, your use of the Services, or your acquisition or use of the Data or API, including the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Mateo County, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
22. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information, potentially including the Data itself. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
23. DISCLAIMER
THE SERVICES, INCLUDING ALL CONTENT, DATA, AND API FUNCTIONALITY PROVIDED THEREIN, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES, ANY DATA OBTAINED THROUGH THE SERVICES, AND THE API WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, DATA, AND API AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SPECIFIC DISCLAIMER REGARDING DATA AND API: WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE SERVICES' CONTENT, THE DATA, OR THE API'S PERFORMANCE OR AVAILABILITY. YOU ACKNOWLEDGE THAT THE DATA IS COMPILED FROM PUBLICLY AVAILABLE THIRD-PARTY SOURCES AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ALL DATA, INCLUDING BUT NOT LIMITED TO REVENUE, OCCUPANCY, AND PRICING, ARE ESTIMATES AND MODELS, NOT STATEMENTS OF FACT. THESE ESTIMATES ARE BASED ON PROPRIETARY ALGORITHMS AND PUBLICLY AVAILABLE DATA, WHICH MAY BE INCOMPLETE, INACCURATE, OR OUTDATED. WE DO NOT VERIFY THE DATA AND DISCLAIM ANY OBLIGATION TO DO SO. THE FRESHNESS, COMPLETENESS, AND ACCURACY OF THE DATA ARE NOT GUARANTEED. WE DO NOT WARRANT THAT THE DATA OR API IS ERROR-FREE OR UNINTERRUPTED. WE EXPRESSLY DISCLAIM ANY WARRANTY THAT THE DATA OR API IS FIT FOR ANY PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO INVESTMENT DECISIONS, LENDING DECISIONS, UNDERWRITING, SECURITIES VALUATION, TRADING STRATEGIES, PRICING STRATEGIES, OR FORECASTING. WE MAKE NO GUARANTEES REGARDING THE UPTIME OR AVAILABILITY OF THE API.
FINANCIAL USE DISCLAIMER: THE DATA AND API SERVICES ARE NOT INTENDED TO CONSTITUTE INVESTMENT ADVICE, FINANCIAL ADVICE, TRADING ADVICE, OR ANY OTHER TYPE OF ADVICE. YOU SHOULD NOT RELY SOLELY ON THE DATA FOR ANY FINANCIAL, INVESTMENT, OR BUSINESS DECISION. THE DATA SHOULD NOT BE USED AS THE SOLE BASIS FOR DECISIONS INVOLVING REAL MONEY OR REAL PROPERTY. WE ARE NOT REGISTERED AS AN INVESTMENT ADVISOR AND DO NOT PROVIDE PERSONALIZED INVESTMENT ADVICE.
ENTERPRISE AND INSTITUTIONAL USE DISCLAIMER: IF YOU ARE A FINANCIAL INSTITUTION, HEDGE FUND, PRIVATE EQUITY FIRM, OR OTHER INSTITUTIONAL USER, YOU ACKNOWLEDGE THAT THE DATA AND API SERVICES ARE NOT DESIGNED TO MEET THE SPECIFIC REGULATORY REQUIREMENTS OF YOUR INDUSTRY. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR USE OF THE DATA COMPLIES WITH ALL APPLICABLE REGULATIONS, INCLUDING BUT NOT LIMITED TO SECURITIES LAWS, BANKING REGULATIONS, AND DATA PROTECTION LAWS.
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING THE DATA AND INFORMATION ACCESSED VIA API, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, DATA, OR API, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR API, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR API BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS (INCLUDING THE DATA) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR API.
24. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, REPUTATIONAL HARM, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, THE DATA, OR THE API, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, WE ASSUME NO LIABILITY FOR THE ACTIONS OF THIRD PARTIES, INCLUDING THE UNAUTHORIZED REPUBLICATION OR MISUSE OF ANY CONTENT OR DATA THAT YOU OR OTHER PARTIES MAY HAVE OBTAINED FROM THE SERVICES. ANY DISTRIBUTION OF OUR DATA OR REPORTS BY A THIRD PARTY IS OUTSIDE OF OUR CONTROL AND IN VIOLATION OF THESE TERMS.
SPECIFIC LIMITATION REGARDING DATA AND API USE: WE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DECISIONS, ACTIONS, INACTIONS, CALCULATIONS, PREDICTIONS, FORECASTS, MODELS, PRICING STRATEGIES, INVESTMENT CHOICES, LENDING DECISIONS, UNDERWRITING DECISIONS, PORTFOLIO ALLOCATION, RESEARCH CONCLUSIONS, PUBLICATIONS, REGULATORY FILINGS, CLIENT ADVICE, DEVELOPMENT OF YOUR APPLICATIONS, OR ANY OTHER ACTIVITIES UNDERTAKEN BY YOU OR ANY THIRD PARTY BASED UPON, DERIVED FROM, OR IN RELIANCE ON THE DATA OR API FUNCTIONALITY PROVIDED THROUGH THE SERVICES, REGARDLESS OF WHETHER SUCH DATA IS ACCURATE, COMPLETE, CURRENT, OR FIT FOR ANY PURPOSE. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE DATA AND API AND ANY CONSEQUENCES ARISING THEREFROM.
ENTERPRISE LIABILITY CAP: FOR ENTERPRISE API USERS, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE API SERVICES SHALL NOT EXCEED ONE DOLLAR ($1.00). THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).
CONSEQUENTIAL DAMAGES WAIVER: UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR ANY OTHER PECUNIARY LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. (THE PREVIOUS $1.00 LIMIT HAS BEEN UPDATED HERE - ADJUST AS ADVISED BY COUNSEL). CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
25. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services, including your use of any Data obtained therefrom or use of the API; (2) breach of these Legal Terms, including specifically the Data License or API License terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights, in connection with Your Application or use of the API; (5) any overt harmful act toward any other user of the Services with whom you connected via the Services; (6) any claims arising from or related to Your Application or its end-users; (7) any claims arising from investment losses, financial decisions, or business decisions made in reliance on the Data or API Services; (8) any regulatory violations, fines, or penalties arising from your use of the Data or API Services; (9) any claims that Your Application or your use of the API Services caused harm to any person or entity; or (10) any security breach or data loss resulting from your failure to properly secure your API Keys or Your Application; or (11) any claims related to reputational harm, defamation, or invasion of privacy arising from your use of the data or its presentation to third parties.
ENTERPRISE INDEMNIFICATION: If you are an enterprise or institutional user, you further agree to indemnify us for any claims arising from your provision of the Data or insights derived from the Data to your clients, customers, or third parties, and any claims arising from your failure to comply with applicable financial regulations or industry standards. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
26. EXPORT COMPLIANCE
You may not use or otherwise export or re-export the Services or Data except as authorized by United States law and the laws of the jurisdiction in which the Services or Data were obtained. In particular, but without limitation, the Services and Data may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Services and accessing the Data, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
27. NON-SOLICITATION
During the term of these Legal Terms and for one (1) year thereafter, you agree not to directly or indirectly solicit for employment or hire any person who is employed by or contracted with us without our prior written consent.
28. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services, including access to and use of the Data. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Please refer to our Privacy Policy for more details.
29. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, completing online forms, and making purchases constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. Your affirmative action in purchasing a product or service, such as clicking an "Agree" checkbox associated with these Legal Terms on a payment platform (e.g., Stripe), constitutes your electronic signature and agreement to these terms.
30. SMS TEXT MESSAGING
Opting Out
To stop receiving SMS messages from us, reply "STOP" to any message you receive from us. You acknowledge that you may receive one final message confirming your opt-out.
Message and Data Rates
Message and data rates may apply to all SMS messages. Rates are determined by your mobile carrier and plan.
Support
For assistance with SMS messaging, please email us at admin@airroi.com.
31. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
32. API-SPECIFIC PROVISIONS
API Versioning and Changes
We reserve the right to version our API and deprecate older versions. While we will make reasonable efforts to maintain backward compatibility, we cannot guarantee it. You are responsible for updating Your Application to work with new API versions. We may implement breaking changes at any time without notice.
Rate Limiting and Fair Use
We implement rate limiting to ensure fair access to all users. Current rate limits are specified in the API Documentation and may be adjusted at our discretion. Excessive use that impacts other users or our infrastructure may result in temporary or permanent suspension of access. We reserve the right to implement additional fair use policies as needed.
Monitoring and Compliance
We may monitor API usage for security, performance, and compliance purposes. This includes logging API calls, analyzing usage patterns, and reviewing the content of requests and responses. By using the API, you consent to such monitoring.
Data Retention and Deletion
You must delete any cached or stored Data upon termination of your API access or upon our request. You must implement reasonable data retention policies and not retain Data longer than necessary for Your Application's functionality.
33. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
34. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, the Data, or the API, please contact us at:
AirROI LLC
Email: admin@airroi.com
By using the Services, clicking to agree to these terms when making a purchase, or by accessing or using the API, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms, including the Data License and API License terms contained herein.