Terms of Service
Last updated on October 3, 2019.
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND AIRDNA, LLC. (“WE” OR “AIRDNA”), THE OWNER AND OPERATOR OF THE WWW.AIRDNA.CO WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, AND YOUR PURCHASE OF THE SUBSCRIPTIONS AND PRODUCTS SOLD ON THIS SITE. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR SUBSCRIPTIONS TO, THE SITE.
By signing up for a Subscription (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless AirDNA if your child breaches or disaffirms any term or condition of this Agreement.
Please be advised that this agreement contains provisions that govern how disputes between us are resolved, which include a jury trial waiver and a class action waiver.
1. Changes to Site; Personal Information / Privacy
1.1 Changes to the Site
AirDNA may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 Personal Information
Customers agree to provide accurate, current, and complete information as required for the purchase of “Self-Serve” data products and subscriptions, in which customers purchase online through AirDNA’s automated platform, and “Non-Self-Serve” data products and subscriptions, in which the Customer contacts or speaks to a representative from AirDNA, an “Account Manager”, to arrange a bespoke solution. AirDNA reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that AirDNA uses a third party payment processing service to process orders and bill fees to your credit card.
PLEASE TAKE NOTICE that AirDNA (and its third party service providers) automatically collects various types of information about your visits to our Site, registration for a data product or subscription, and/or use of our Services. In addition to the personal information provided by you in connection with your account registration, we may also collect certain additional information by automated means, such as cookies, web beacons, and other automated devices.
We and/or our third party service providers may employ canvas fingerprinting and other browser fingerprinting techniques that extract and analyze information about your browser, operating system, and installed graphics hardware in conjunction with other user information (e.g. time-zone, language preference, etc.) to help verify your unique identity for fraud prevention purposes and help us continue to improve our Site and Services. We may also use third-party website analytics tools (such as Google Analytics, and Facebook Insights) that collect information about visitor traffic on the Site that help us continue to improve the Site, performance and user experiences.
The types of information we may collect by such automated means include: Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser, domain name and operating system type); URLs that refer visitors to our Site; dates and times of visits to our Sites; information on actions taken on our Site (such as page views and site navigation patterns); a general geographic location (such as country and city) from which a visitor accesses our Site; search terms that visitors use to reach our Site and the webpage that led you to the Site.
2. Passwords; Use of Site
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify AirDNA if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
2.2 Use of Site; Prohibitions
Subject to your compliance with this Agreement, AirDNA hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement and in compliance with our Content Usage Terms and Conditions. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of AirDNA or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
2.3 Chat Sessions
Due to account security restrictions MSAs are not able and will not fulfill certain types of requests. If your request requires making a payment OR cancelling your service, please log onto your account or email Customer Services to make such changes. MSAs may request your account login user name, email address, or other personally identifiable information, in order to ensure the identity and security of the chat. MSAs are NOT supposed to ask you for your password or credit card or debit card information to confirm your account. If an MSA asks for your password or payment information, please immediately discontinue the Chat session and email AirDNA.
3.0 Terms of Sale
3.1 Sales of Products and Subscriptions to End Users Only
AirDNA sells data products and subscriptions in two formats: Self-Serve or Non-Self-Serve. You may not purchase data products or subscriptions for further distribution or resale, or for any other commercial or business purpose, without explicit contractual agreement with AirDNA. The purchase of data, and the rights and privileges conferred are personal and non-transferable.
3.2 Application Programming Interface (“API”)
AirDNA makes available an API to select customers. Subject to settlement of any outstanding invoices, customers of the API are granted: a limited, non-exclusive, non-sub-licensable and non-transferable license to access and use the API for internal business purposes; a limited, non-exclusive, non-sub-licensable and non-transferable license to obtain, copy and store data obtained through AirDNA’s API to create a product which uses the AirDNA API in combination with other data inputs to create a derivative product (the “Derivative Product(s)”).
All uses of AirDNA’s API in creating a Derivative Product which is made available externally must cite AirDNA’s data with “Powered by AirDNA” with a hyperlink on AirDNA to AirDNA’s homepage – https://www.airdna.co
3.2.3 Free Trials
In some cases, Customers may be provided a free trial to examine the API for a limited period of time with a limited amount of usage. In such cases, the Customer agrees that the API cannot use the data for publicly or privately available Derivative Products. The free trial is available solely for internal testing. Under the terms of a free trial, the Customer is not permitted to cache or store the data beyond the expiry of the free trial.
3.2.4 AirDNA Brand
To existing Customers, AirDNA hereby grants to Customer a limited, non-exclusive, non-sub-licensable and non-transferable license to display the AirDNA brand features as they appear in any licensed materials, for example in AirDNA’s Brandfolder, made available to Customer hereunder solely in connection with Customer’s use of such licensed materials as permitted under, and in accordance with, these Terms.
3.2.5 Fees and Payment
AirDNA will charge, unless explicitly stated otherwise in writing, a recurring monthly minimum amount at the start of the billing cycle. Upon the next billing cycle, AirDNA will bill for any charges that exceed the minimum amount. The Customer agrees to understand the pricing structure at the inception of the relationship and be responsible for any overage charges, however they are incurred. Failure to settle overage charges promptly will result in the suspension or termination of the service.
3.2.6 API Continuity
AirDNA endeavors to keep the API running at all times. However AirDNA does not bear any responsibility for the uptime of the API and AirDNA is under no obligation to recompense Customers if the API is not accessible.
3.2.7 Suspension / Termination by AirDNA
AirDNA may immediately terminate all or a portion of Customer’s access to the API or suspend Customer’s access to the Products, without notice, for conduct that AirDNA believes (a) is illegal, fraudulent, harassing, abusive, or intended to intimidate or threaten; (b) constitutes a violation of any law, regulation, or tariff (including, without limitation, copyright and intellectual property laws); or (c) is a violation of these Terms, or any applicable policies or guidelines, and AirDNA may refer such use to law enforcement authorities without notice to Customer. In addition, if AirDNA believes a Customer is using AirDNA’s data as a springboard to launching a competing product, without express written permission, AirDNA may terminate the relationship with that Customer.
3.2.8 Suspension / Termination by Customer
AirDNA does not wish to tie customers into a relationship beyond their needs of using the API. However, AirDNA requires 3 business days notice prior to the end of the billing cycle to suspend or terminate an account with regard to any minimum monthly subscription. Furthermore, by suspending or terminating, a Customer understands that the terms agreed for their API access may change upon resumption.
Pricing for Self-Serve products or subscriptions, as defined in Section 1.2, is data purchased by the Customer online through our automated platform (typically, but not exclusively, market-by-market subscription access to MarketMinder and/or Investment Explorer), will be the price displayed on the Site on the date the Customer first signs up and completes the checkout process. Pricing for Non-Self-Serve products or subscriptions, data that has been purchased by the Customer contacting or speaking with an Account Manager to arrange a bespoke solution, will be the price agreed on at the time that the Customer returns the signed Data Agreement to their Account Manager.
3.4 Refund/Cancellation Policy
Portions of AirDNA’s data are algorithmically determined. Our accuracy is extraordinarily high, details of our methodology are available on the Data Methodology page. However the Customer undertakes to understand that we do not claim 100% accuracy of our data. On an individual property, the customer understands that because of the nature of our data collection, we can be off by an order of magnitude, even though at a market level, our market data remains highly accurate.
AirDNA’s products are high-value information products. As such, refunds are not ordinarily granted.
3.5 Payment Methods; Automatic Monthly Subscription Renewals; and Subscription Cancellation
3.5.1 Payment Methods
For Self-Serve products and subscriptions, AirDNA accepts credit card payments inputted by the Customer only.
For Non-Self-Serve products and subscriptions, AirDNA accepts credit card payments, direct transfers and payments made via PayPal. You agree to pay all fees charged to your account based on AirDNA’s fees, charges, and billing terms in effect as shown on the payment page when you first sign up for a product or subscription to the Site.
Notwithstanding the foregoing, the Customer is responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of products or subscriptions based on the Shipping Address you provide when you sign up online, or return a signed data agreement, and authorizes AirDNA, or the third party payment processing service provider that we engage, to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to delivery of the products or subscriptions. If you do not pay on time, or if your credit card cannot be charged for any reason, AirDNA reserves the right to suspend or terminate your account, product(s) or subscription(s) and terminate these Terms of Service.
AirDNA and AirDNA’s third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to AirDNA and AirDNA’s third party payment service provider at the election of your credit card issuer.
Neither AirDNA nor AirDNA’s third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
3.5.2 Automatic Monthly Subscription Renewals
Automatic monthly subscription renewal fees will be automatically charged to your card on file each month. AirDNA will automatically renew your subscription on each monthly anniversary date of the subscription.
For Self-Serve subscriptions, this process is authorized by you by creating an account and demonstrating your consent for these terms during the sign-up process. Each month, until the subscription is cancelled, we will charge your credit card with the applicable subscription fee, including any shipping and handling costs and sales or similar taxes that may be imposed on your subscription fee payments. Each subscription renewal period is for one month.
For Non-Self-Serve subscriptions, this process is authorized by you signing the Data Agreement and returning it to your Account Manager. Each month, until the contracted period ends as stipulated on the Data Agreement, we will charge your credit card with the applicable subscription fee, including any shipping and handling costs and sales or similar taxes that may be imposed on your subscription fee payments.
3.5.3 Subscription Cancellation
For Self-Serve subscriptions, the Customer may cancel their subscription at any time by contacting [email protected] with the email address used to sign up to the Subscription. For Self-Serve subscriptions to MarketMinder specifically, the Customer can unsubscribe directly online by logging in to the MarketMinder tool. All cancellation requests must be received two working days prior to the renewal date. Cancellation requests received after the monthly anniversary of the month shall take effect the following month. If you cancel your subscription, you will enjoy your subscription benefits until the end of the then-current subscription term, and your subscription benefits will expire at the end of the then-current subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the subscription fees paid for any unused days of the then-current subscription term.
For Non-Self-Serve subscriptions, if the Customer cancels before the end of the contracted period, the Customer is liable to pay the outstanding amount, either monthly or in one payment, as stipulated on the contract or Data Agreement signed by the Customer.
4. Proprietary Rights
You hereby acknowledge and agree that AirDNA or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
AirDNA is a trademark of AirDNA in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of AirDNA, Copyright © 2014, 2015, 2016, 2017, 2018 AirDNA, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
5. Product / Idea Submissions
AirDNA and its personnel do not accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to AirDNA or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of AirDNA’s products, services or marketing strategies might seem similar to ideas submitted to AirDNA. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your Submissions.
You agree that:
- Any Submission (including its complete contents) by you to AirDNA will automatically become the property of AirDNA, without any compensation to you;
- AirDNA may use or redistribute any Submission and its contents for any purpose and in any way, without any compensation to you;
- AirDNA has no obligation to review any Submission; and
- AirDNA has no obligation to keep any Submission confidential, and no confidential relationship may be established by or inferred from any such Submissions to, or the consideration of your Submissions by, AirDNA.
6. Third Party Sites; Indemnification
6.1 Third Party Web Sites
You hereby agree to defend, release, indemnify and hold harmless each of the AirDNA Parties (as defined in Section below) from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
7. Disclaimer of Warranties
The site, content, products and subscriptions are furnished to you “as is” and without warranties, representations or conditions, statutory or otherwise, of any kind. AirDNA, on behalf of itself and its affiliates, licensors, suppliers and third party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “AirDNA parties”): (a)expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose; (b)does not represent or warrant that the site, content, products or subscriptions will meet your requirements, or that the operation of the site or content will be timely, uninterrupted, stable, or secure; (c)does not represent or warrant that the site, content, products or subscriptions will be error-free or that any defects will be corrected; and (d)does not make any representations, warranties, or conditions regarding the use of the site, content or products in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the site, content, products or subscriptions is entirely at your own discretion and risk and you assume total responsibility for your use of the site, content, products and subscriptions.
This limitation of remedies is a part of the bargain between you andAirDNA. No oral or written information or advice given byAirDNA or any person on behalf ofAirDNA shall create a warranty or condition, or in any way change this exclusion of warranty.
Nothing in this section 7 shall exclude or limit the AirDNA parties’ warranties, representations or conditions to the extent they may not be lawfully excluded or limited by applicable law, in which case, such warranties, representations or conditions will be excluded and limited to the greatest extent permitted by applicable law.
8. Limitation of Liability
In no event shall any AirDNA party be liable to you, or any third party, for any special, indirect, incidental, punitive, exemplary, reliance, or consequential damages of any kind, including, but not limited to, property damage, loss of value of the products or loss of use of the products, whether based on breach of any express or implied warranty or condition, breach of contract or tort (including, without limitation, negligence or strict liability), even if a AirDNA party has been advised of the possibility of such damages.
If, notwithstanding the foregoing, an AirDNA party is found to be liable to you or any third party for any damage or loss which arises under or in connection with your use of the site, content, products or subscriptions, to the fullest extent permissible by law the relevant AirDNA party’s total cumulative liability shall not exceed the greater of: (a) the amount you paid AirDNA for the products or subscription, as applicable; and (b) the sum of one hundred us dollars (USD $100).
8.3 Exclusions and Limitations
Nothing in this section 8 shall exclude or limit any AirDNA party’s liability for losses which may not be lawfully excluded or limited by applicable law, in which case, such AirDNA party’s liability will be limited to the greatest extent permitted by applicable law.
9. Dispute and Arbitration; Class Action Waiver; Choice of Law
9.1 Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with AirDNA and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
9.1.1 Informal Resolution
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at [email protected]. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 9.1 govern dispute resolution between us.
9.1.2 Applicability of Arbitration Agreement
All claims and disputes in connection with the Agreement or the use of any product or service provided by AirDNA that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and AirDNA, and to any of our licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
9.1.3 Arbitration Rules
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
9.1.4 Authority of Arbitrator
The arbitrator will decide the rights and liabilities, if any, of you and AirDNA, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and AirDNA.
9.1.5 Waiver of Jury Trial
The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and AirDNA in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND AirDNA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
9.1.6 Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California.
9.1.7 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: AirDNA, Attn: Legal Department, 1523 15th St, #200, Denver, CO 80202 within 30 days of purchasing a data product or subscription. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to subparagraph 9.1.12 below. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
9.1.9 Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with AirDNA.
Notwithstanding any provision in these terms to the contrary, we agree that if AirDNA makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to AirDNA.
9.1.11 Small Claims Court
Notwithstanding the foregoing, either you or AirDNA may bring an individual action in small claims court.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for such purpose.
9.2 Choice of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
10. Electronic Communications; General Terms
10.1 Electronic Communications
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
10.2 General Terms