AIRE Terms and Conditions

These Terms and Conditions constitute a legally binding agreement (“Agreement”) made between you, either    individually or on behalf of an incorporated entity that you represent (“You” or “Customer”), and Aire No-Code Ltd, whose principal place of business is 482 Lanark Road West, Edinburgh, EH14 7AN, United Kingdom, with company ID 794356 (“Aire”, “we,” “us” or “our”) (Customer and Aire collectively as the “Party” or “Parties”). These Terms and Conditions govern your use of the aireapps.com website (the “Website”), the Aire Platform (the “Aire Platform” or “Product”) and the accompanying Aire Support and Corteza Cloud services (collectively, the “Service”). 

By subscribing to our Product (as defined in Section 2. below), you agree that you have read, understood, and agree to be bound by these Terms and Conditions. We may need to update these Terms from time to time; unless otherwise required by law, we will notify you before we make such changes and will give you the opportunity to review them before they go into effect. If you do not agree to these Terms and Conditions, please do not contract our Service and cease using our Service immediately.

By using our Product and/or Service, you represent and warrant that you are a business entity and that you have the authority to bind the business to these terms.

These Terms and Conditions were last updated on 28 August 2024

1. Definitions

Aire Platform	Aire is an online platform for configuring Corteza applications, managing libraries of application configurations and configuring and managing AI Agents for use with Corteza.
Corteza or Corteza Platform	Corteza is an open-source low-code application development environment that permits an unlimited/undefined number of applications on each instance of Corteza. Corteza is published at https://github.com/cortezaproject. Corteza is published under an Apache v2.0 license and is free of charge to install and use.
Corteza Cloud	Corteza Cloud is the Kubernetes-based technological infrastructure for deploying your Corteza instance provided by Aire.
Aire Support	Aire Support is the technical support service for Aire and its underlying Corteza and Corteza Cloud environments. Aire Support is sold exclusively as part of selected Aire subscriptions and may not be purchased separately. Aire Support is governed by the SLA in Annex 1 of this Agreement.

2. Subscriptions

The Product and Services are available to you upon creating an account on the Aire Platform. By subscribing to the Product, you agree to become a subscriber (“Subscriber”) for the period you have elected. A full list of subscription plans and pricing is available on the Website. Aire reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice posted on the Website or sent via email. Any changes to the pricing will not affect the Subscriber’s current subscription period and will become effective upon subscription renewal.

By subscribing to our Product, you agree to pay the applicable fees and taxes in a timely manner. Failure to pay for your subscription may result in the suspension or termination of your account. You have the option to upgrade or downgrade your subscription level at any time, which will affect your billing amount and renewal date. If you choose to cancel your subscription, your access to the platform will be terminated at the end of your current billing period or immediately in the case of free-of-charge subscription offers.

We understand that circumstances may arise where a refund for your subscription is necessary. Refunds will be provided at our discretion, and in compliance with applicable laws and regulations. In general, refunds will only be considered for extenuating circumstances, such as technical issues with the platform that prevent its use. Refund requests must be made within 7 days of the initial subscription purchase, and may require additional information from you to verify the request. Please note that any refunds provided will be prorated based on the amount of time remaining in your billing cycle. If you subscribed to a yearly subscription, we will use the regular, non-discounted fee) to calculate the proration. Refunds will be issued to the payment method used for the subscription purchase. We reserve the right to deny refund requests that we believe are fraudulent or abusive in nature. 

Any Subscriber, whether free-of-charge or paid, is deemed to be an Aire Customer and the name of the Customer’s business entity and its business entity logo may be displayed on the Aire Website.  

3. Aire’s obligations and service warranties

The Services shall be performed diligently and professionally according to good industry practice and applicable regulations. Aire shall promptly take any necessary measures to remedy any defects and/or correct any errors identified by the Parties or notified by a third party (e.g. client or user).

4. Customer data

The Customer alone is responsible of the accuracy, quality, integrity, legality, reliability, suitability and intellectual property rights in the use of all Customer data, and neither Aire nor its suppliers will be responsible for its elimination, correction, destruction, damage, loss or error arising during the storage of any such Customer data unless the same is directly caused by Aire. The Customer represents that Customer data, the use of the Customer data and any other activities in connection with the Service do not violate, infringe or misappropriate any third party’s rights. 

Customer data will be backed up every 24 hours. Any Customer data may be retained, deleted and/or discarded without previous notice if the Customer fails to fulfil any of its obligations or breaches any conditions of this Agreement, including without limitation the obligation to pay fees for the Service. 

For purposes of maintenance, statistics and for developing, improving and providing the Aire Platform, Corteza Platform and accompanying Services, Customer data may be randomly and anonymously recorded and processed by Aire and its technology suppliers.

5. Customer’s obligations 

The Customer shall (i) be responsible for the legality of Customer Data;  (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the Product and/or Services and notify Aire promptly of any such unauthorized access or use; and (iii) use the Product and/or Services only in accordance with these Terms and Conditions and applicable laws. 

The Customer is responsible for maintaining the security of its internal network from unauthorized access through the Internet. Aire shall not be liable for unauthorized access to the Customer’s network or other breaches of the Customer’s network security.

The Customer shall not (i) sell, resell, rent or lease the Product and/or Services, (ii) use the Product and/or Services to store or transmit unlawful material or messages or to store or transmit material or messages in violation of third-party privacy rights, (iii) use the Product and/or Services to store or transmit malicious codes, (iv) interfere with or disrupt the integrity or performance of the Product and/or Services, or (v) attempt to gain unauthorised access to the Product and/or Services or their related systems or networks.

6. Intellectual Property Rights

Aire and its licensors (including Corteza project contributors) own all rights, titles, and interests to the technology, documentation, code or software provided to the Customer as the basis for development work. Except as expressly stated otherwise in this Agreement, Aire and its licensors retain all such rights. All rights in the Corteza source code base are licensed to the Customer under the Corteza project license which is the Apache Software License 2.0 (https://www.apache.org/licenses/LICENSE-2.0), which shall appear in the source code in accordance with the license. Where the customer has paid for the appropriate subscription, Corteza configuration files generated by Aire will be provided under the same Apache Software License 2.0. 

Each Party retains all rights resulting from names, logos and trademarks owned by them, and no right is granted to the other Party to use any of the foregoing except as expressly permitted herein or by the other Party’s written consent.

To the extent third-party open-source software is used in whole or in part in the development of the Aire Platform or Corteza Platform or in the provision of the Services, such open-source softwareoftware is licensed in accordance with the terms and conditions of the specific licence under which the relevant open source software is distributed, but is provided “as is” and without limitation. Aire specifically disclaims any implied or express representation that such Open Source Software in conjunction with, or as incorporated or bundled with, the Software, will be capable of (a) operating in conjunction with any software Corteza Platforms other than those identified as compatible with the Service; or (b) operating uninterrupted or error-free. In the event of any bugs or issues arising with respect to third-party Open Source, Aire will report them to the corresponding open-source project and use reasonable efforts to obtain a fix in accordance with the open-source project’s practices. 

7. Confidential Information

Each Party agrees to maintain the confidentiality of any proprietary information (including, without limitation, non-public trade secrets, proprietary information, ideas, works of authorship, know-how, processes and any other information or data related to a Party and its services, business and contractual relationships) (“Confidential Information“) received from the other during the term of this Agreement and for three years after its termination. As long as the information is not publicly and officially disclosed, each Party agrees not to reveal or use said Confidential Information for any purpose except as necessary to fulfil its obligations and exercise its rights under this Agreement. Except as and when required to do so by competent administrative authority or court of law, neither party shall disclose Confidential Information of the other to any third party.

8. Data Protection

The Parties undertake to comply with the obligations that the current regulations on the protection of personal data impose for the processing activities that they carry out. The Parties undertake to comply with the applicable data protection laws, and in particular with General Data Protection Regulation (EU) 2016/679 (“GDPR”) and any other that may apply or develop the provisions thereof. In accordance with the GDPR, processing the personal data of each Party’s signatory and its technical, administrative or commercial contact persons (name, address, professional email address, telephone) is necessary for the preparation and performance of this Agreement, and as a legitimate interest of the Parties of keeping and managing the relation between themselves. These personal data will not be shared with any third party however, they may be disclosed to third-party service providers with whom each Party has a contract for data processing according to the applicable regulations. The Parties will keep this personal data for the whole duration of the Agreement and for the period prescribed by law for legal or administrative reasons. Each Party agrees to inform the abovementioned persons of the possibility of exercising his/her rights of access, rectification, erasure and opposition, limitation and restriction of processing in the terms established by the GDPR and any applicable national privacy laws, by writing to the contact or email address of each Party. In relation to Aire, complaints, if any, may be filed with the UK Information Commissioner’s Office. The Parties declare that the data about the persons mentioned herein are correct and up-to-date and each Party will promptly send any updates to the other Party.

Aire will access and process personal data on behalf of the Customer under the Aire Data Processing Agreement.

9. Limitation of Warranty and Liability

Except as specifically set out in this Agreement and to the maximum extent permitted by applicable law, the Aire Platform, Corteza Platform and Services are provided to the Customer are “as is” without any warranty of any kind, either expressed or implied, including, but not limited to the implied warranty of satisfactory quality, and fitness for a particular purpose. Aire and its licensors do not guarantee that the use of the Aire Platform, Corteza Platform or Services will not be interrupted, error-free or comply with regulatory requirements. 

Except for the breach of specific IPR, confidentiality and data protection obligations agreed by Aire in this Agreement, in no event will Aire or its licensors, to the maximum extent permitted by applicable law, be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to this Agreement or the use of or inability to use the Aire Platform, Corteza Platform or Services including, without limitation, damages for loss of goodwill, work stoppage, lost profits, loss of data, computer failure or any and all other commercial damages or losses regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.

For all events and circumstances, Aire or its affiliates’ aggregate and cumulative liability arising out of or relating to this Agreement will be limited to direct damages and will not exceed the amounts received by Aire from Customer during twelve (12) months immediately preceding the first event giving rise to liability, with respect to the particular items (whether software, services or otherwise) giving rise to liability.

Nothing in this Agreement is intended to exclude or limit Aire’s liability (a) for death or personal injury, or (b) for losses that are caused by gross negligence or wilful misconduct of Aire, provided however in this case that to the extent permitted by applicable law, Aire be not liable for any amounts in excess in the aggregate of the amounts paid to Aire under this Agreement.

This liability limitation applies mutatis mutandis to the Customer.

10. Prohibited Businesses and CAN-SPAM laws

The Customer may not use the Product or Services to engage in or promote any illegal activity or engage in any activity that generates a large amount of spam complaints.

Namely, we do not allow and may, at our discretion, terminate the subscriptions of Customers who use the Product or Services to engage in, promote or sell the following types of products, services or businesses:

• Sale of illegal goods or services
• Sending emails that violate CAN-SPAM Laws
• Pornography/sexually explicit content
• Escort services
• Pharmaceutical products
• Medical information records
• Gambling services or products
• Multi-level marketing
• Make money online opportunities
• Other purposes that we find, in our sole discretion, hurt our reputation or our deliverability

In the event that any messages sent to customers utilizing Aire are found to be in violation of the CAN-SPAM laws, our service shall be subject to immediate termination for you.

11. Miscellaneous

1. Independence. The Parties are and shall remain independent traders during the entire term of the Agreement, each assuming the risks for their own operations and acting in total independence. Under no circumstances does the Agreement grant to Aire the role of authorised representative, agent or sales representative of the Customer.
2. Force Majeure. Neither Party shall be liable for any delay or failure to fulfil its obligations under this Agreement which is due wholly or partially to any strike, lock-out or other industrial action, electrical failure, server failure, third party acts or omissions or any other event or act beyond the reasonable control of the Party including without limitation, acts of God, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood or storm.
3. Assignment. Parties may only assign this Agreement without need for the other Party’s consent (a) in the event of any merger, acquisition, or corporate reorganisation or (b) to a purchaser of all or substantially all its assets, so long as the assignee is not a competitor of the other Party, in which case the prior written consent is required.
4. Severability. If any part of this Agreement is held to be unenforceable, in whole or in part, such holding shall not affect the validity of the other parts of the Agreement.
5. Waiver. The waiver of a breach of any provision of this Agreement shall not operate or be interpreted as a waiver of any other or subsequent breach.
6. Entire Agreement. This Agreement and its Annexes, constitutes the entire agreement and supersedes all prior or contemporaneous oral or written agreements regarding the subject matter hereof and prevails over any contradictory terms of any Annex (unless expressly provided therein), which are governed by the terms hereof. There are no third-party beneficiaries to this Agreement.
7. Governing Law and Jurisdiction. This Agreement shall be governed by the laws of England and Wales. 

Annex 1 – Aire Support SLA

Severity Issue level	Issues / Events	Aire response	Contact Method	Maximum Response Time
Critical	A Critical Issue means that  Service is severely impacted or completely down. Critical service operations or functions are down. Entire customer deployment efforts are blocked.	Aire will  (1) assign specialist(s) to correct the Issue on an expedited basis;  (2) provide ongoing communication on the status via email and/or support portal  (3) start work towards identifying a temporary workaround or fix.	Log problem directly through support portal	4 Hours
Major	A Major Issue means The Service is functioning but with limited capabilities. The Service is unstable with periodic interruptions. Mission-critical functions, while not being affected, have experienced material service interruptions. There is a time-sensitive question impacting performance or deliverables to End-Clients.	Aire will assign a specialist to begin a Resolution, and will provide additional, escalated procedures as reasonably determined necessary by Aire Support Services staff.	Log problem directly through support portal	4 Hours
Minor	A Minor Issue means There are errors causing partial, non-critical functionality loss (impairs some operations but allows the customer to continue to function). There is a need to clarify procedure or information in documentation. There are errors in service that may impact performance deliverables.	Aire will assign a specialist to begin a Resolution, and will provide additional, escalated procedures as reasonably determined necessary by Aire Support Services staff.	Log problem directly through support portal	1 Business Day

* Aire reserves the right to re-allocate the severity level of any reported issue.

** Any commercial queries or concerns about the performance of this SLA should be addressed to the customer’s account manager at Aire. 

*** Standard support hours are between 9am and 6pm CET, Monday to Friday.