Terms of Service

1. Acceptance of Terms

These Terms of Service (\"Terms\") constitute a legally binding agreement between you (\"User,\" \"you,\" or \"your\") and Airtrax (\"Airtrax,\" \"we,\" \"our,\" or \"us\"), the operator of the website and services available at airtrax.io (collectively, the \"Services\").

By accessing or using our Services — including by creating an account, clicking a button indicating acceptance, or by continuing to use the Services — you represent that you are at least 18 years of age (or the age of majority in your jurisdiction), have the legal authority to enter into these Terms, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE USE OF THE SERVICES.

2. Description of Services

AirTrax provides information and organization systems for independent music artists (the \"Services\"). We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

We may introduce new features, impose limits on certain features, or restrict access to parts of the Services at our sole discretion and without notice.

3. Account Registration and Security

To access certain features of the Services, you must register for an account. When registering, you agree to:

Provide accurate, current, and complete information.

Maintain and promptly update your account information.

Keep your password and account credentials confidential.

Notify us immediately at contact@airtrax.io if you suspect unauthorized access to your account.

Be responsible for all activities that occur under your account.

You may not share your account credentials, create accounts on behalf of others without authorization, or use another person\'s account without their permission. We reserve the right to terminate accounts that violate these requirements.

4. Payment Terms and Billing

4.1 Fees

AirTrax For Artists and AirTrax For Labels are both free during early access. When monetization begins, new Artist accounts will be $10 USD per month and new Label accounts $20 USD per month. Existing early-access enrollments on both plans remain grandfathered into free access. No payment method is required and no subscription charges are active now.

4.2 Payment Processing

If paid subscriptions are introduced, payments will be processed by third-party payment processors. By providing your payment information, you authorize us to charge your payment method for all applicable fees. You represent that you have the right to use the payment method you provide. Airtrax does not store raw credit card or banking data.

4.3 Subscriptions and Auto-Renewal

If you purchase a subscription plan, it will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting support@airtrax.io. Cancellation will take effect at the end of the current billing period.

4.4 Refunds

All fees are non-refundable except as required by applicable law. If you believe you were charged in error, please contact us within 30 days of the charge at contact@airtrax.io.

4.5 Taxes

You are responsible for all taxes, duties, and similar governmental charges arising from your use of the Services. Where Airtrax is required by law to collect and remit taxes (e.g., VAT for EU users, GST/HST for Canadian users), such taxes will be added to your invoice.

5. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in a manner consistent with these Terms. You agree NOT to:

Violate any applicable local, state, national, or international law or regulation.

Use the Services to transmit spam, phishing, or unsolicited commercial messages.

Impersonate any person or entity or falsely represent your affiliation with any person or entity.

Attempt to gain unauthorized access to any part of the Services, user accounts, or our systems.

Use automated means (bots, scrapers, crawlers) to access the Services without our prior written consent.

Upload or transmit viruses, malware, or any other harmful code.

Interfere with or disrupt the integrity or performance of the Services or the data contained therein.

Harvest or collect personal data of other users without their consent.

Engage in any activity that could damage, disable, overburden, or impair our servers or networks.

Reverse engineer, decompile, or disassemble any part of the Services.

We reserve the right to investigate suspected violations of these Terms and take appropriate action, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

6. User Content

\"User Content\" means any data, files, information, text, or other materials that you submit, upload, or make available through the Services. You retain ownership of your User Content.

By submitting User Content, you grant Airtrax a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, process, and display your User Content solely as necessary to operate and improve the Services. This license does not grant us the right to sell your User Content to third parties.

You represent and warrant that: (a) you own or have the rights to submit your User Content; (b) your User Content does not infringe any third party\'s intellectual property, privacy, or other rights; and (c) your User Content does not violate these Terms or applicable law.

We reserve the right to remove User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

7. Intellectual Property

The Services and all content, features, and functionality thereof — including but not limited to software, text, graphics, logos, icons, images, audio clips, and compilations — are owned by Airtrax or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. You may not copy, modify, distribute, sell, or lease any part of the Services or their underlying code or algorithms.

\"Airtrax\" and the airtrax.io logo are trademarks of Airtrax. You may not use our trademarks or trade dress without our prior written permission.

8. Privacy

Your use of the Services is also governed by our Privacy Policy, available at https://airtrax.io/privacy. Our Privacy Policy is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your information as described in our Privacy Policy.

9. Third-Party Services and Links

The Services may integrate with or contain links to third-party websites, applications, or services. We do not control and are not responsible for the content, privacy practices, or terms of any third-party service. Access to and use of third-party services is at your own risk and subject to those parties\' terms.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN \"AS IS\" AND \"AS AVAILABLE\" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

AIRTRAX DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you to the extent prohibited by law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AIRTRAX, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF AIRTRAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL AIRTRAX\'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO AIRTRAX IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100.00).

The limitations above are a fundamental element of the basis of the bargain between Airtrax and you. Some jurisdictions do not allow the limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Airtrax and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys\' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of the Services; or (d) your violation of any third party\'s rights.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of [INSERT STATE], United States, without regard to its conflict of law provisions. For users in the European Union, mandatory consumer protection laws of your country of residence may also apply.

13.2 Informal Resolution

Before filing a formal claim, you agree to attempt to resolve any dispute informally by contacting us at contact@airtrax.io. We will try to resolve the dispute within 30 days of receipt of your notice.

13.3 Arbitration Agreement

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) COMMERCIAL ARBITRATION RULES. THE ARBITRATION WILL BE CONDUCTED IN [INSERT CITY, STATE]. THIS SECTION DOES NOT APPLY TO USERS IN THE EUROPEAN UNION WHERE MANDATORY LOCAL LAW PROVIDES A RIGHT TO BRING DISPUTES IN COURT.

13.4 Class Action Waiver

YOU AND AIRTRAX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

13.5 EU / UK Users

If you are a consumer residing in the European Union or United Kingdom, you may also submit your complaint to the online dispute resolution platform of the European Commission at ec.europa.eu/odr, or contact your local consumer protection authority. Mandatory consumer rights under your local law are not affected by these Terms.

14. Termination

We may suspend or terminate your access to all or part of the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease.

You may terminate your account at any time by following the account deletion process within the Services or by contacting us at contact@airtrax.io. Termination does not entitle you to a refund of any prepaid fees.

Provisions of these Terms that by their nature should survive termination will survive, including Sections 7 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 13 (Governing Law and Dispute Resolution).

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Airtrax with respect to the Services and supersede all prior agreements, negotiations, and communications.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to reflect the parties\' original intent to the maximum extent permitted by law.

15.3 Waiver

Airtrax\'s failure to enforce any right or provision in these Terms will not constitute a waiver of that right or provision unless acknowledged and agreed to by us in writing.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Airtrax may assign these Terms, including all rights and obligations, without restriction.

15.5 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, pandemics, government actions, or internet outages.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email (to the address associated with your account) and/or by posting a prominent notice on airtrax.io at least 30 days before the changes take effect. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of such changes.

If you do not agree to the revised Terms, you must stop using the Services and, if applicable, cancel your subscription before the effective date.

17. Contact Us

If you have questions about these Terms, please contact us:

AirTrax
Email: contact@airtrax.io
Support: contact@airtrax.io
Website: https://airtrax.io