Terms of Service
1. Acceptance
By accessing or using Airrand ("the Service"), you agree to these Terms. If you don't agree, don't use the Service.
2. Beta Status
The Service is provided as a beta product. It may contain bugs, produce unexpected behavior, change significantly, or be discontinued at any time without notice. Features are provided as-is and may not work as intended.
3. AI Disclaimer
Airrand uses AI models to perform actions on your behalf. AI systems are not reliable. They can:
- Misunderstand instructions and take unintended actions.
- Generate incorrect, misleading, or harmful content.
- Interact with third-party services in unexpected ways.
- Make mistakes that are difficult or impossible to reverse.
You are responsible for reviewing and supervising all AI agent activity. We are not liable for any actions taken by AI agents operating under your account.
4. Third-Party Integrations
By connecting or authorizing a third-party integration, you authorize Airrand to act on your behalf within the connected service. You are responsible for ensuring your use complies with the third-party's own terms of service. We are not responsible for actions taken in third-party services by AI agents you configure.
5. Acceptable Use
You agree not to use the Service to:
- Violate any laws or regulations.
- Spam, harass, or harm others.
- Attempt to gain unauthorized access to any system.
- Use AI agents to perform actions you wouldn't be authorized to perform manually.
6. Indemnification
You agree to indemnify, defend, and hold harmless Airrand and its officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of or access to the Service.
- Actions taken by AI agents operating under your account.
- Your connection to or use of any third-party integrations.
- Your violation of these Terms or any applicable law or regulation.
- Any content you submit, post, or transmit through the Service.
- Your violation of any third party's rights, including intellectual property or privacy rights.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claims.
7. Limitation of Liability
To the maximum extent permitted by law, Airrand will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, revenue, or profits, arising from your use of the Service. Our total liability to you for any claim shall not exceed the fees you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim.
8. No Warranty
The Service is provided "as is" and "as available" without any warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
9. Privacy and cookies
Our Privacy Policy explains what we collect and why. On your first visit we show a cookie banner with equally prominent options to accept or reject analytics and advertising, listed as separate choices. If you are in the European Economic Area, the United Kingdom, or Switzerland, we set no analytics or advertising cookies until you accept; elsewhere, both start on arrival and the banner lets you reject either, in which case we stop collecting and delete those cookies on your device. You can change or withdraw your choice at any time, in any region, using the Cookie settings link in the footer of any page, and we honor the Global Privacy Control (GPC) browser signal as a standing rejection everywhere.
10. Governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 11.
11. Dispute resolution, arbitration, and class action waiver
Please read this section carefully. It requires most disputes to be resolved by individual, binding arbitration instead of in court, and it waives your right to participate in a class action.
11.1 Informal resolution first
Before starting an arbitration, you agree to first send a written description of the dispute to [email protected], and we agree to send ours to the email address on your account. The parties will try in good faith to resolve the dispute for sixty (60) days. Either party may then begin arbitration. This step is a condition of starting arbitration, and the period in Section 12 is paused while it runs.
11.2 Agreement to arbitrate
If we cannot resolve the dispute informally, you and Airrand agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be settled by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, before a single arbitrator. Arbitration will take place in the county of your residence or principal place of business, or — at your election — by videoconference or on written submissions only. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
11.3 Class action waiver
You and Airrand agree to bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
11.4 Coordinated and mass filings
If twenty-five (25) or more demands for arbitration raising substantially similar claims against Airrand are filed within a ninety (90) day period by, or with the assistance or coordination of, the same law firm, group of law firms, or organization, the parties agree that the demands will be resolved in batches rather than individually, as follows:
- JAMS will group the demands into batches of no more than fifty (50), assign a single arbitrator to each batch, and treat each batch as a single consolidated case for the purpose of filing, administrative, and arbitrator fees.
- The parties will each select an equal number of demands from the first two batches to proceed first as bellwether proceedings. The remaining demands will not be filed, and no fees will be due on them, until those bellwethers are resolved.
- After the bellwethers conclude, the parties will engage in a good-faith mediation of the remaining demands. Any demands not resolved in mediation will proceed in subsequent batches on the same terms.
- All statutes of limitation and any contractual filing deadlines, including the period in Section 12, are tolled for every demand subject to this section from the date it is submitted until it is resolved or withdrawn.
This section is intended to make coordinated claims cheaper and faster to resolve for both sides, not to delay or deny any claim. It applies equally to Airrand. Neither party may avoid it by filing demands in smaller tranches. If a court or arbitrator finds this section unenforceable as to any group of demands, Section 11.9 applies and the rest of Section 11 continues to govern those demands.
11.5 Exceptions
This Section 11 does not apply to: (a) claims that may be brought in small claims court, which either party may pursue individually; (b) requests for temporary or preliminary injunctive relief to protect intellectual property or confidential information, which either party may bring in the state or federal courts located in Delaware; and (c) any claim or dispute that applicable law does not permit to be submitted to arbitration.
11.6 Your right to opt out
You may opt out of this arbitration agreement and class action waiver. Email [email protected] with the subject line "Arbitration Opt-Out," including your name and the email address on your account, within thirty (30) days of the date you first accept these Terms. Opting out has no effect on any other part of these Terms, and will not affect your account, your pricing, or your access to the Service. If you opt out, the state and federal courts located in Delaware will have exclusive jurisdiction over disputes covered by this section, subject to Section 11.8.
11.7 Costs
Each party is responsible for its own attorneys' fees, expert fees, and other costs of the arbitration, unless a statute or the arbitrator's award provides otherwise.
Filing, administrative, and arbitrator fees are allocated under the applicable JAMS rules, except that where you bring a claim as an individual consumer and the JAMS Consumer Arbitration Minimum Standards or applicable law require Airrand to bear those fees, Airrand will bear them. You remain responsible for the portion of the filing fee equal to what it would cost to file the same claim in court.
Frivolous claims. Airrand's obligation to pay fees under this section does not apply to any claim or request for relief that the arbitrator determines to be frivolous or brought for an improper purpose, measured by the standards of Federal Rule of Civil Procedure 11(b). As to such claims the arbitrator may reallocate fees and costs to the extent permitted by the JAMS rules and applicable law.
Settlement offers. If Airrand makes you a written settlement offer and you do not accept it, and the arbitrator's final award to you (not counting fees and costs) is not greater than that offer, then to the extent permitted by applicable law Airrand is not responsible for any fees, costs, or expenses you incur after the date of the offer, and the arbitrator may take the offer into account in allocating fees.
11.8 Rights this section does not waive
Nothing in these Terms waives, limits, or requires arbitration of any right or remedy that applicable law makes non-waivable. This includes, without limitation, rights and claims under disability access and civil rights laws (such as the Americans with Disabilities Act and comparable state laws) and under data protection and privacy laws (such as the California Consumer Privacy Act, the California Invasion of Privacy Act, and the EU and UK General Data Protection Regulation), and any right to file a complaint with, or seek relief from, a government agency or regulator. Where such a right cannot lawfully be arbitrated or waived, this Section 11 does not apply to it and it may be pursued in the appropriate forum.
11.9 Severability of this section
If the class action waiver in Section 11.3 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed from arbitration and brought in the state or federal courts located in Delaware, and the remainder of this Section 11 will continue to apply to all other claims. If any other provision of this Section 11 is found unenforceable, it will be severed and the remainder will remain in effect.
12. Time limit for bringing a claim
To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim arises, or it is permanently barred. Where applicable law does not permit claims to be shortened in this way, or requires a longer period, the period required by law applies instead. This section does not apply to the non-waivable rights described in Section 11.8.
13. Changes
We may update these Terms from time to time. Each version of these Terms carries a version identifier (shown at the top of this page). If we make material changes, we will ask you to review and accept the updated Terms the next time you sign in, and you will not be able to continue using the Service until you do. We will not treat your continued use of the Service as acceptance of a materially changed version that you have not affirmatively accepted.
14. Contact
Questions? Email [email protected].