These Terms of Service (“Terms”) govern your use of the airEkey website (https://shop.airekey.com/) by airEkey (“Company”, “we”, “our”, or “us”). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

Company provides users with a rich collection of services through the Website that allow users to manage properties in the travel industry, promote those properties, and distribute information related to availability and booking through the Website (“Services”). For purposes of clarity, the term “Services” includes all functionality made available through the Website, such as the help desk system, connectivity API’s, and related support services. Any new features which augment or enhance the current Services, including the release of new features or products, is also governed by the Terms. Company reserves the right at any time to change or discontinue the Services with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services. If a service or product is listed on the Website at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that service or product, whether or not the order has been confirmed and even if your account has been charged (in which event a credit will be issued to your account in the amount of the charge).Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any service offered on the Website, and we reserve the right to accept or decline your order for any reason. We may contact you and require additional information from you before we grant such approval. Services on the Website are offered for sale only to end user customers and not for resale. We reserve the right to refuse, cancel or seek the return of any services or products that are purchased in violation of our policies and restrictions. You are responsible for any taxes imposed on the sale or use of Services and applicable taxes may be added to the amount charged for Services purchased on the Website.

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By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

4.1. Subscription Plans: The Service is offered on a subscription basis with monthly or annual payment plans. The Company reserves the right to modify or discontinue any subscription plan at any time.

4.2. Payment: Subscription fees are due in advance and are non-refundable. The Company will automatically charge your chosen payment method on the recurring billing date.

4.3. Price Changes: The Company reserves the right to change its pricing and billing terms at any time. Any price changes will take effect at the start of the next subscription period.

The Services and all copyrights, trade secrets and other proprietary rights therein, including any derivative work, are, and will remain the sole property of Company, regardless of the use made by you; and are protected by certain United States and international copyright laws and trademark laws. The Terms confer no title of ownership in the Services, other than in the products you purchase, and are not a sale of any rights in the Services, including any intellectual property rights related thereto.

Company warrants that the Services and all elements thereof do not infringe the intellectual property rights of any third party and agree to hold you harmless and indemnify you with respect to any final judgment obtained by a third party based on a claim that the Services infringe on the intellectual property rights of such third party.

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9 OF THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Company does not warrant or guarantee the availability, accuracy, or truthfulness of any information provided by or with respect to a hotelier or other provider of services accessed through the Services, including information leading to overbooking, and you agree to hold company from and against any such claims. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE WEBSITE AND/OR DELIVERY OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. Because some jurisdictions may not allow the exclusion of implied warranties, such limitation may not apply in its entirety to Licensee. Any warranties made in this Agreement are for your benefit only.

IN NO EVENT WILL COMPANY, ITS SUPPLIERS, SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR RELIANCE UPON THE SERVICES OR PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU DURING THE 12-MONTH PERIOD PRIOR TO SUCH CLAIM ARISING. THE PARTIES AGREE THAT THIS SECTION SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY. THE PARTIES ACKNOWLEDGE THAT THE PRICES HAVE BEEN SET AND THE AGREEMENT ENTERED INTO IN RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to the United Nations Convention on the International Sales of Goods. The Parties hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of California.

The Terms are a binding contract and constitute the entire agreement and understanding of the parties, whether oral or written, relating to the subject matter hereof; are intended as the parties’ final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, communications, and understandings, whether written or oral; and may be amended or modified only by an instrument in writing signed by both parties.

No waiver of any provision of the Terms shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of the Terms shall not operate as a waiver of such provision or any other provision or of the right to enforce such provision or any other provision.

Nothing in the Terms, express or implied, is intended to confer on any person, other than the parties to the Terms, any right or remedy of any nature whatsoever.

If any provision of the Terms shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of the terms shall not be impaired. The Terms shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, successors, and assigns.

Company will not be liable for or be considered to be in breach of or default under the Terms on account of, any delay or failure to perform as required by the Terms as a result of any cause or condition beyond Company’s reasonable control.

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and third-party service providers from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Service, violation of these Terms, or infringement of any intellectual property or other rights.

The Company reserves the right to terminate or suspend your access to the Service at any time, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms.

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Delaware, USA.

The Company reserves the right to modify or update these Terms at any time without prior notice. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms.

If you have any questions or concerns regarding these Terms or the Service, please contact us at: hello@airekey.com