Terms of Service
1. Your relationship with Airsob
1.1 Your use of Airsob’s products, software, services and web sites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and Airsob. In this agreement, “Airsob” means Airsob Technologies Limited, a company incorporated under Companies and Allied Matters Act, 1990 with registered office at No. 25 Ezimgbu Link Road, Port Harcourt, Nigeria. This document explains how the agreement is made up, and sets out the terms of that agreement (referred to below as the “Terms”).
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Airsob in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Airsob will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Airsob, or (b) you are a person barred from receiving the Services under the laws of the Federal Republic of Nigeria or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Terms for your records.
3. Provision of the Services by Airsob
3.1 Airsob has subsidiaries and affiliated businesses (“Subsidiaries and Affiliates”). Sometimes, these businesses will be providing the Services to you on behalf of Airsob itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
3.2 Airsob is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Airsob provides may change from time to time without prior notice to you.
3.3 As part of this continuing innovation, you acknowledge and agree that Airsob may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Airsob’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Airsob when you stop using the Services.
3.4 You acknowledge and agree that if Airsob disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
3.5 You acknowledge and agree that while Airsob may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Airsob at any time, at Airsob’s discretion.
4. Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Airsob will always be accurate, correct and up to date.
4.2 You agree not to use, and not to encourage or allow any of your application user (“End User”) to use, the Services in a manner prohibited by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions, including but not limited to the following:
(A) Using the Services to engage in illegal, abusive, or other activities that interfere with the business or activities of Airsob or may subject Airsob or any third party to liability, damages, or danger.
(B) Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
(C) Engaging in any unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations.
(D) Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
(E) Using the Service to send bulk SMS (i.e. sending 10 or more identical or similar messages within 5 few minutes).
(F) Using the Service for purposes other than that stated in your application to us when creating an SMS service without first updating the SMS service to reflect such change.
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Airsob, unless you have been specifically allowed to do so in a separate agreement with Airsob.
4.4 Unless you have been specifically permitted to do so in a separate agreement with Airsob, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that Airsob has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Airsob may suffer) of any such breach.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to Airsob for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Airsob immediately here.
6. Privacy and your personal information
6.2. You agree to the use of your data in accordance with Airsob’s privacy policies.
6.3 Except as agreed in a separate written agreement between Airsob and you, Airsob may periodically delete your Customer Data. Further, data storage is not guaranteed by us and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of Customer Data.
6.4 You further acknowledge and agree that we may access or disclose Customer Data, including the content of communications, if: (i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request, (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury.
7. Proprietary rights
7.1 You acknowledge and agree that Airsob (or Airsob’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Airsob and that you shall not disclose such information without Airsob’s prior written consent.
7.2 Unless you have agreed otherwise in writing with Airsob, nothing in the Terms gives you a right to use any of Airsob’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
7.3 Other than the limited license set forth in Section 9, Airsob acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Airsob, you agree that you are responsible for protecting and enforcing those rights and that Airsob has no obligation to do so on your behalf.
7.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
7.5 Unless you have been expressly authorized to do so in writing by Airsob, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8. License from Airsob
8.1 Airsob gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by Airsob as part of the Services as provided to you by Airsob (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Airsob, in the manner permitted by the Terms.
8.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Airsob, in writing.
8.3 Unless Airsob has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
9. Content license from you
9.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.
9.2 You acknowledge and agree that any feedback, including but not limited to suggestions, comments, ideas or other information, provided by you in the form of email or other submissions (collectively, “Feedback”) to Airsob is non-confidential and you hereby grant Airsob, its affiliates and subsidiaries and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.
9.3 You confirm and warrant to Airsob that you have all the rights, power and authority necessary to grant the above license.
10. Payment and Prices
10.1 You are required to purchase credits which shall reduce for each message sent or call made. You acknowledge that Airsob may vary its charges for sending an SMS or making a phone call from time to time and without prior notice to you.
10.2 Airsob makes use of secure third party payment gateways like Paystack and such others as may be disclosed on our website from time to time. You acknowledge and agree that Airsob shall not be liable for any losses arising from the use of any third party payment gateways whatsoever.
10.3 You acknowledge and agree that Airsob may suspend or disable the operation of your account where payment of all charges have not been made in full by the due date, or where Airsob reasonably suspects that payment has been made or effected by fraudulent means.
11. Software updates
11.1 The Software which you use may automatically download and install updates from time to time from Airsob. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Airsob to deliver these to you) as part of your use of the Services.
12. Ending your relationship with Airsob
12.1 The Terms will continue to apply until terminated by either you or Airsob as set out below.
12.2 If you want to terminate your legal agreement with Airsob, you may do so by (a) notifying Airsob at any time and (b) closing your accounts for all of the Services which you use, where Airsob has made this option available to you. Your notice should be sent, in writing, to Airsob through our contact us page.
12.3 Airsob may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Airsob is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Airsob offered the Services to you has terminated its relationship with Airsob or ceased to offer the Services to you; or
(D) Airsob is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Airsob is, in Airsob’s opinion, no longer commercially viable.
12.4 Nothing in this Section shall affect Airsob’s rights regarding provision of Services under Section 3 of the Terms.
12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Airsob have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 17.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
13. Exclusion of Warranties
13.1 The Services are provided “as is” and Airsob, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.
13.2 In particular, Airsob, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:
(A) your use of the Services will meet your requirements,
(B) your use of the Services will be uninterrupted, timely, secure or free from error,
(C) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
(D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
13.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
13.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
14. Limitation of Liability
14.1 Nothing in these Terms shall exclude or limit Airsob’s liability for losses which may not be lawfully excluded or limited by applicable law.
14.2 Subject to overall provision in paragraph 14.1 above, Airsob, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:
(A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
(B) any loss or damage which may be incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any features on the Services;
(ii) any changes which Airsob may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;
(iii) your failure to provide Airsob with accurate account information;
(iv) your failure to keep your password or account details secure and confidential;
14.3 The limitations on Airsob’s liability to you in paragraph 14.2 above shall apply whether or not Airsob has been advised of or should have been aware of the possibility of any such losses arising.
15.1 You agree to hold Airsob and its Subsidiaries and Affiliates harmless and indemnify us fully against any claim by any third party, including message recipients or End Users, as a result of any system failure, message corruption, interruption or termination of services, unsolicited direct marketing, harassment, emotional disturbance, inappropriate or obscene content, breach of privacy or breach of data security, provided that none of the aforegoing result from Airsob’s own gross negligence or fraudulent acts or omissions.
15.2 You indemnify and hold Airsob and its Subsidiaries and Affiliates harmless against all reasonable damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by the you that constitutes a breach or contravention of any legislation, regulations, code of conduct or network provider codes or practice or acceptable usage policies.
16. Changes to the Terms
16.1 Airsob may make changes to the Terms from time to time. When these changes are made, Airsob will make a new copy of the Terms available at https://airsob.com/help/terms/.
16.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Airsob will treat your use as acceptance of the updated Terms.
17. General legal terms
17.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
17.2 The Terms constitute the whole legal agreement between you and Airsob and govern your use of the Services (but excluding any services which Airsob may provide to you under a separate written agreement), and completely replace any prior agreements between you and Airsob in relation to the Services.
17.3 You agree that Airsob may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, or postings on the Services.
17.4 You agree that if Airsob does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Airsob has the benefit of under any applicable law), this will not be taken to be a formal waiver of Airsob’s rights and that those rights or remedies will still be available to Airsob.
17.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
17.6 You acknowledge and agree that each member of the group of businesses of which Airsob is affiliated shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
17.7 The Terms, and your relationship with Airsob under the Terms, shall be governed by Laws of the Federal Republic of Nigeria. You and Airsob agree to submit to the exclusive jurisdiction of the courts of Nigeria to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Airsob shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Last Updated on 21st October, 2016.